# COMAR Title 07 — Department of Human Services

## Subtitle 01 — Office of the Secretary

### Chapter 13 — Legal Services

#### Regulation .05 Court-Appointed Attorneys.

*COMAR 07.01.13.05*

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.