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Rule 9-106 – Appointment of Attorney-Attorney Affidavit-Investigation

May 13, 2021 | Family Law, Maryland

(a) Appointment of Attorney. The court shall appoint an attorney for a party when required by Code, Family Law Article:

(1) § 5-307 in a Public Agency Guardianship;
(2) § 5-307 in a Public Agency Adoption without Prior TPR;
(3) § 5-307 in a Public Agency Adoption after TPR;
(4) § 5-3A-07 in a Private Agency Guardianship;
(5) § 5-3A-07 in a Private Agency Adoption; or
(6) § 5-3B-06 in an Independent Adoption.
(b) Payment of Attorney’s Fees. Even if the prospective adoptee is not entitled to a court-appointed attorney, the person is entitled to consult an attorney chosen by that person. The adoptive parents or agency may agree to pay all or part of the attorney’s fees on behalf of the person, or the court may order the adoptive parents or agency to do so.

Cross reference: See Code, Family Law Article, §§ 5-309 as to a Public Agency Guardianship; 5-309 as to a Public Agency Adoption without Prior TPR; 5-3A-09 as to a Private Agency Guardianship; and 5-3B-08 as to an Independent Adoption.

(c)Affidavit of Attorney.

(1)With a Parental Consent. The attorney shall file an affidavit in the applicable form set forth at the end of this Title with a consent signed by a parent when required by Code, Family Law Article:

(A) § 5-321 in a Public Agency Guardianship;
(B) § 5-339 in a Public Agency Adoption without Prior TPR;
(C) § 5-3A-19 in a Private Agency Guardianship; or
(D) § 5-3B-21 in an Independent Adoption.
(2)With a Consent of a Prospective Adoptee. The attorney shall file an affidavit in the applicable form set forth at the end of this Title with a consent signed by a prospective adoptee if the adoptee is represented and

(A) is a minor; or
(B) has a disability that makes the prospective adoptee incapable of effectively participating in a case.

Cross reference: See Rule 9-102(b)(3).

(d) Investigation by Court.

(1)Optional. The court may order an investigation as provided by Code, Family Law Article:

(A) § 5-317 in a Public Agency Guardianship;
(B) § 5-3A-16 in a Private Agency Guardianship; or
(C) § 5-3B-16 in an Independent Adoption.
(2)Mandatory. The court shall order an investigation in a nonconsensual Independent Adoption as provided in Code, Family Law Article, § 5-3B-16.
(3)Recommendation of Investigator. If requested by the court, the report of any investigation may include the recommendation of the investigator.
(4)In Writing. The report of any investigation shall be submitted to the court in writing and filed among the records of the proceeding.

Md. Fam. Law. Actions. 9-106

This Rule is new.

Adopted June 5, 1996, eff. Jan. 1, 1997. Amended June 4, 2007, eff. July 1, 2007.

HISTORICAL NOTES

2007 Orders

The June 4, 2007, order rewrote this Rule, which previously read:

“(a) Appointment of Attorney. The court shall appoint an attorney for any person entitled to the appointment pursuant to Code, Family Law Article, § 5-323. The court may appoint an attorney for a minor who is not otherwise entitled by statute to a court-appointed attorney. If the petition shows that a person is entitled to a court-appointed attorney, the court shall appoint an attorney for that person promptly after the filing of the petition.

“Cross reference: See In Re Adoption No. A91-71A, 334 Md. 538 (1994).

“(b) Investigation by Court. If the proceeding is contested, the court shall order an investigation of the facts of the case and if the proceeding is uncontested, the court may order an investigation. The court may designate any person or agency to conduct the investigation. That person or agency shall report the findings of the investigation to the court in writing and, also, if requested by the court, the recommendation of the person or agency.

“(c) Reports. The reports of any investigation shall be filed among the records of the proceeding.

“Source: This Rule is derived from former Rule D75.

Derivation:

Maryland Rule of Procedure D75, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended eff. Feb. 2, 1970; amended eff. July 1, 1974; amended May 31, 1983, eff. July 1, 1983, related to appointment of attorneys and investigations, rescinded June 5, 1996, eff. Jan. 1, 1997.