Chapter 13. Legal Services
Regulation .01 Purpose.LinkCopy Citation
The purpose of the Maryland Legal Services Program is to make legal services available to:
A.
Children determined to be in need of assistance (CINA);
B.
Children in termination of parental rights (TPR) proceedings; and
C.
Indigent adults in adult guardianship proceedings.
Regulation .02 Components.LinkCopy Citation
The Maryland Legal Services Program is composed of two programs:
A.
The Contracts for Legal Services Programs under Regulation .04 of this chapter; and
B.
The Court Appointed Attorneys Program under Regulations .05—.07 of this chapter.
Regulation .03 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Client” means a child involved in a CINA or TPR proceeding or an indigent adult involved in an Adult Protective Services (APS) or Adult Public Guardianship Review Board (APGRB) hearing.
(2)
“Director” means the Director of Maryland Legal Services Program.
(3)
“Judicare Committee” means the Judicare Committee of the Section of Delivery of Legal Services of the Maryland State Bar Association.
(4)
“Local department” means a local county department of social services, the Baltimore City Department of Social Services, or the Montgomery County Department of Health and Human Services.
Regulation .04 Contracts for Legal Services.LinkCopy Citation
A.
Contracts shall be entered into with legal service delivery organizations to represent:
(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, §3-813, Annotated Code of Maryland; and
(2)
Adult guardianships or protective services under the Estates and Trusts Article, §13-705 or 13-709, Annotated Code of Maryland, or a 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.
B.
The contracts shall:
(1)
Provide statewide legal representation for children in CINA and TPR proceedings and adults in APS or APGRB reviews; and
(2)
Help achieve the goals of the Department of Human Services by assisting vulnerable clients in receiving the highest level of quality and cost effective legal services.
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.
Regulation .06 Proceedings Involving Children.LinkCopy Citation
A.
Court-Appointed Attorney Payment Procedures.
(1)
Upon completion of a child adoption or guardianship under Family Law Article, §5-323, Annotated Code of Maryland, or other proceeding under Courts and Judicial Proceedings Article, §3-813, Annotated Code of Maryland, the court-appointed attorney shall petition the court for an order directing the local department or the Department of Human Services to pay a specified fee and costs to the attorney for services rendered to the client named in the order.
(2)
At the time that the petition is filed with the court, a copy of the petition for award of attorney fees shall be submitted to:
(a)
Director, Maryland Legal Services Program, 311 West Saratoga Street, Baltimore, MD 21201; and
(b)
The attorney who presented the case for the State.
(3)
The following information shall be stated in the order, or shall be included in the petition for award of attorney fees, or in other court documents submitted with the court order:
(a)
The case was a child adoption or guardianship proceeding under Family Law Article, §5-323, Annotated Code of Maryland, or a proceeding under Courts and Judicial Proceedings Article, §3-813, Annotated Code of Maryland;
(b)
The name of the attorney representing the child;
(c)
The identity of the local department that was a party to the case;
(d)
The hours that the attorney spent in trial and nontrial activities, separately specified; and
(e)
The court has determined that the stated fee and stated costs are reasonable and has awarded the fee and costs to the attorney.
(4)
The Director may request additional supporting documentation to justify payment of the requested fee.
(5)
The attorney shall then submit to the Director at the address specified in §A(1)(a) of this regulation:
(a)
A copy of the court order;
(b)
A statement of the federal identification number or Social Security number under which the payment is to be reported to the Internal Revenue Service for tax purposes;
(c)
Any other required documentation as outlined in §A of this regulation; and
(d)
The Maryland Legal Services Program's request for payment form.
B.
The Director shall review the court order to:
(1)
Verify that the court order falls within the coverage and other provisions of this chapter;
(2)
Review items submitted to ensure compliance with other provisions of this chapter; and
(3)
Process payment to the attorney.
Regulation .07 Adult Guardianships or Protective Services.LinkCopy Citation
A.
Court-Appointed Attorney Payment Procedures.
(1)
Upon completion of an adult guardianship or protective services case under Estates and Trusts Article, §13-705 or 13-709, or Family Law Article, §14-404, Annotated Code of Maryland, the Court-appointed attorney shall submit to the Director of the Maryland Legal Services Program:
(a)
A copy of the court order appointing the attorney counsel for the client named in the order;
(b)
A certification that:
(i)
The case was an adult guardianship or protective service under Estates and Trusts Article, §13-705 or 13-709, or Family Law Article, §14-404, Annotated Code of Maryland;
(ii)
Separately identifies the hours that the attorney spent in trial and nontrial activities;
(iii)
Identifies the costs; and
(iv)
Identifies the local department of social services or the Department of Aging that was a party to the case;
(c)
A summary of any unusual or novel issues of law or fact in the case or other special factors that the attorney wants considered in the determination of a reasonable fee;
(d)
Copies of time sheets or other documentation of the time spent, and receipts, bills, or other documentation of expenses claimed;
(e)
A statement of what the attorney is requesting as a reasonable fee; and
(f)
A statement of the federal identification number or Social Security number under which the payment is to be reported to the Internal Revenue Service for tax purposes.
(2)
The Director shall review the attorney's submission to ensure that all required information and documentation have been submitted.
B.
The Director shall:
(1)
Decide the amounts that constitute a reasonable fee and reasonable costs;
(2)
Authorize payment; and
(3)
Notify the attorney of the action taken.
Chapter annotations
Authority: Courts and Judicial Proceedings Article, §3-813; Family Law Article, §5-323(a)(2); Annotated Code of Maryland
History: Effective date: November 24, 1976 (3:24 Md. R. 1392)
History: Regulations .04B, .08D, and .09C amended effective July 1, 1980 (7:13 Md. R. 1275)
History: Chapter revised effective March 1, 1983 (10:3 Md. R. 209)
History: Regulation .09A amended effective October 6, 1986 (13:20 Md. R. 2208)
History: Regulation .09-1 adopted effective July 16, 1984 (11:14 Md. R. 1248)
History: Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 111); January 14, 1985 (12:1 Md. R. 15); October 20, 1985 (12:21 Md. R. 2029); September 8, 1986 (13:18 Md. R. 2018)
History: Chapter revised effective November 16, 1987 (14:23 Md. R. 2413)
History: Chapter recodified from COMAR 07.02.05 to 07.06.10 effective January 23, 1989 (16:1 Md. R. 67)
History: Regulation .02D amended effective December 25, 1989 (16:25 Md. R. 2709)
History: Regulation .07 amended effective December 25, 1989 (16:25 Md. R. 2709)
History: Regulation .08A amended effective December 25, 1989 (16:25 Md. R. 2709)
History: Regulation .09D amended effective January 23, 1989 (16:1 Md. R. 67)
History: Regulation .12B amended effective January 23, 1989 (16:1 Md. R. 67); December 25, 1989 (16:25 Md. R. 2709)
History: Regulation .13C amended effective January 23, 1989 (16:1 Md. R. 67); December 25, 1989 (16:25 Md. R. 2709)
History: Regulation .15 amended effective January 23, 1989 (16:1 Md. R. 67)
History: Regulation .15D amended effective December 25, 1989 (16:25 Md. R. 2709)
History: Regulation .16A amended effective January 23, 1989 (16:1 Md. R. 67)
History: Regulation .17A amended effective January 23, 1989 (16:1 Md. R. 67)
History: Regulations .01—.17 repealed and new Regulations .01—.07 adopted effective October 15, 2001 (28:20 Md. R. 1780)
History: Chapter recodified from COMAR 07.06.10 to COMAR 07.01.13 effective June, 2009
History: Regulation .07 amended effective November 15, 2021 (48:23 Md. R. 979)