<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 07.01.13.05" title_num="07" subtitle_num="01" chapter_num="13" heading="Court-Appointed Attorneys.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The Department of Human Services is responsible for payment of attorney fees and costs legally assessed against the State to:</text>
    <paragraph num="(1)">
      <text>Monitor costs; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Ensure uniform treatment.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The Court-Appointed Attorneys Program applies to the following cases:</text>
    <paragraph num="(1)">
      <text>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</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>In any court-assigned case, the Department of Human Services shall pay the attorney's expenses as approved by the:</text>
    <paragraph num="(1)">
      <text>Court in child adoptions, guardianships, or other covered proceedings involving children; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Director of the Maryland Legal Services Program in adult guardianship or protective services.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Payment may not be made in a:</text>
    <paragraph num="(1)">
      <text>Case in which the adult involved is not indigent;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>CINA case in which the representation is for a party other than the child; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
</regulation>