Regulation .05 Court-Appointed Attorneys.
Regulation .05 Court-Appointed Attorneys.LinkCopy Citation
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 Services 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 Services or the Department of Aging is involved.
D.
In any court-assigned case, the Department of Human Services 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.