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r1r STANDING COMMITTEE ON RULES OF PRACTICE - Maryland ...

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has a disability that makes the party incapable of consenting or<br />

participating effectively in the proceeding, the court shall<br />

appoint an attorney who shall represent the disabled party<br />

throughout the proceeding.<br />

(2) If there is a dispute as to whether a party who is not<br />

represented has a disability that makes the party incapable of<br />

consenting or participating effectively in the proceeding, the<br />

court shall:<br />

(A) hold a hearing promptly to resolve the dispute;<br />

(B) appoint an attorney to represent the alleged disabled<br />

party at that hearing;<br />

(C) provide notice of that hearing to all parties; and<br />

(D) if the court finds at the hearing that the party has<br />

such a disability, appoint an attorney who shall represent the<br />

disabled party throughout the proceeding.<br />

Cross reference: See Code, Family Law Article, §§5-307 as to a<br />

Public Agency Guardianship; 5-307 as to a Public Agency Adoption<br />

without Prior TPR; 5-3A-07 as to a Private Agency Guardianship;<br />

and 5-3B-06 as to an Independent Adoption. For eligibility of an<br />

individual for representation by the Office of the Public<br />

Defender, see Code, Family Law Article, §5-307 and Code, Article<br />

27A, §4.<br />

(b) Persons to be Served<br />

(1) In Adoption Proceeding<br />

(A) Subject to paragraphs (1)(B), (1)(C), (1)(D), and<br />

(1)(E) of this section, if the petition seeks adoption, the show<br />

cause order shall be served on (i) the person to be adopted, if<br />

the person is 10 years old or older; (ii) the parents of the<br />

person to be adopted; and (iii) any other person the court<br />

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