Md. Code Regs. 07.01.13.05

Current through Register Vol. 51, No. 21, October 18, 2024

Section 07.01.13.05 - Court-Appointed Attorneys

A. If a court appoints private counsel, at the expense of the State, for an eligible individual in a case involving a local department of social services or the Department of Aging, the State may assess the attorney's fees against the local department as a party to the case.

B. The Department of Human Resources is responsible for payment of attorney fees and costs legally assessed against the State to:

(1) Monitor costs; and

(2) Ensure uniform treatment.

C. The Court-Appointed Attorneys Program applies to the following cases:

(1) Child adoptions or guardianships under Family Law Article, §5-323, Annotated Code of Maryland, or other proceedings involving children and falling under Courts and Judicial Proceedings Article, § 3-834, Annotated Code of Maryland; and

(2) Adult guardianships or protective services under Estates and Trusts Article, §13-705 or 13-709, Annotated Code of Maryland, or any case under Family Law Article, §14-404, Annotated Code of Maryland, in which either the Department of Human Resources or the Department of Aging is involved.

D. In any court-assigned case, the Department of Human Resources shall pay the attorney's expenses as approved by the:

(1) Court in child adoptions, guardianships, or other covered proceedings involving children; or

(2) Director of the Maryland Legal Services Program in adult guardianship or protective services.

E. Payment may not be made in a:

(1) Case in which the adult involved is not indigent;

(2) CINA case in which the representation is for a party other than the child; or

(3) Case in which a local department is not a party, with the exception of cases before the Adult Public Guardianship Review Board involving the Department of Aging.

Md. Code Regs. 07.01.13.05

Regulations .05 adopted effective October 15, 2001 (28:20 Md. R. 1780)