Maryland Statutes
Subtitle 8 - Juvenile Causes -- Children in Need of Assistance
Section 3-813 - Right to Counsel

(a)    Except as provided in subsections (b) and (c) of this section, a party is entitled to the assistance of counsel at every stage of any proceeding under this subtitle.
    (b)    Except for the local department and the child who is the subject of the petition, a party is not entitled to the assistance of counsel at State expense unless the party is:
        (1)    Indigent; or
        (2)    Otherwise not represented and:
            (i)    Under the age of 18 years; or
            (ii)    Incompetent by reason of mental disability.
    (c)    The Office of the Public Defender may not represent a party in a CINA proceeding unless the party:
        (1)    Is the parent or guardian of the alleged CINA;
        (2)    Applies to the Office of the Public Defender requesting legal representation by the Public Defender in the proceeding; and
        (3)    Is financially eligible for the services of the Public Defender.
    (d)    (1)    A child who is the subject of a CINA petition shall be represented by counsel.
        (2)    Unless the court finds that it would not be in the best interests of the child, the court shall:
            (i)    Appoint an attorney with whom the Department of Human Services has contracted to provide those services, in accordance with the terms of the contract; and
            (ii)    If another attorney has previously been appointed, strike the appearance of that attorney.
    (e)    In addition to, but not instead of, the appointment of an attorney under this section, the court, in any action, may appoint an individual provided by a Court–Appointed Special Advocate Program created under § 3–830 of this subtitle.
    (f)    The court may assess against any party reasonable compensation for the services of an attorney appointed to represent a child in an action under this subtitle.

Structure Maryland Statutes

Maryland Statutes

Courts and Judicial Proceedings

Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action

Subtitle 8 - Juvenile Causes -- Children in Need of Assistance

Section 3-801 - Definitions

Section 3-802 - Purposes and Construction of Subtitle

Section 3-803 - Jurisdiction of Court

Section 3-804 - Continuing Jurisdiction; Termination of Jurisdiction

Section 3-805 - Venue

Section 3-806 - Assignment of Judges; Qualifications

Section 3-807 - Magistrate for Juvenile Causes

Section 3-808 - Cases to Be Tried Without Jury

Section 3-809 - Filing of Petition; Notice for Decision Not to File; Request for Review

Section 3-810 - Form of Pleadings; Procedures; Confidentiality

Section 3-811 - Content of Petition

Section 3-812 - Waiver of Reunification Efforts in Cases of Abuse, Torture, Crimes of Violence, or Abandonment

Section 3-813 - Right to Counsel

Section 3-814 - Taking Child Into Custody

Section 3-815 - Shelter Care for Child Alleged to Be in Need of Assistance

Section 3-816 - Study Concerning Matters Relevant to Case

Section 3-816.1 - Findings in Certain Hearings

Section 3-816.2 - Review Hearings

Section 3-816.3 - Rights of Preadoptive Parents, Foster Parents, and Caregivers of Child

Section 3-816.4 - Educational Stability

Section 3-817 - Adjudicatory Hearing

Section 3-818 - Presumption That Child Is Not Receiving Proper Care and Attention

Section 3-819 - Disposition Hearing

Section 3-819.1 - Voluntary Placement Hearing

Section 3-819.2 - Custody and Guardianship to Individual

Section 3-820 - Removal of Child From Court-Ordered Placement

Section 3-821 - Order Controlling Conduct of Person Before Court

Section 3-822 - Address and Identity of Parents

Section 3-823 - Permanency Plan for Out-of-Home Placement

Section 3-824 - Emergency Medical or Psychiatric Treatment; Withholding or Withdrawing Life-Sustaining Procedure

Section 3-825 - Limitations Regarding Commitment Facilities

Section 3-826 - Reports Prior to Hearings; Custodian Progress Reports

Section 3-827 - Confidentiality of Records

Section 3-828 - Contributing to Acts, Omissions, or Conditions Rendering a Child in Need of Assistance

Section 3-829 - Local Juvenile Court Committees

Section 3-830 - Court-Appointed Special Advocate Program