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

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The proposed new Guidelines for child’s counsel in custody and child access cases are based upon the Maryland Standards of Practice for Court-Appointed Lawyers Representing Children in Custody Cases that were approved and adopted by the Conference of Circuit Judges at its September 19, 2005 meeting. As with the CINA Guidelines, the Committee has substituted the word “Guideline” for “Standard” wherever it appeared in the original document. Although neither set of Guidelines is part of the Maryland Lawyers’ Rules of Professional Conduct, both are referenced in Comment 1 to Rule 1.14 (Client with Diminished Capacity) of those Rules. In the “Introduction and Scope” section of the proposed new Guidelines, the second and fourth sentences of the first paragraph have been added by the Committee. The second sentence is derived from the first sentence of paragraph 20 of the Preamble and Scope portion of the Maryland Lawyers’ Rules of Professional Conduct, with the word “does” replacing the word “should” in both places that it appears. The fourth sentence is borrowed verbatim from the penultimate sentence of the “Statement of the Issue” portion of the CINA Guidelines. In paragraph 2.1, Determining Considered Judgment, the list of factors that the attorney should consider is borrowed verbatim from CINA Guidelines B1 a and b. In Paragraph 3, a statement concerning conflicts of interest for Child’s Best Interest Attorneys appointed to represent siblings has been transferred to the Commentary following Rule 1.7 of the Maryland Lawyers’ Rules of Professional Conduct. Although the word “should” is used throughout the Guidelines, the Committee recommends the use of the words “shall not” with respect to the issue of whether a Child’s Best Interest Attorney or Child’s Advocate Attorney may testify at trial or file a report with the court. Provisions concerning the appointment of child’s counsel have been included in a separate Rule, proposed new Rule 9-205.1. Because the child who is the subject of a child custody or child access dispute is not a party to the action, additional provisions in Rule 9-205.1 implement the service, notice, and discovery portions of the Guidelines. Specifically, the proposed new Rule requires that an order appointing child’s counsel specify the role of the attorney, permit the attorney to participate in discovery under Title 2 of the Rules as though the child were a party, and provide that the service and notice provisions of Title 1 apply as though the child were a party. -226-
Rule 2-504 is proposed to be amended to permit a scheduling order to include appointment of child’s counsel in accordance with proposed new Rule 9-205.1. -227-
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STANDING COMMITTEE ON RULES OF PRAC
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December 19, 2006 ONE HUNDRED FIFTY
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of probation proceeding is proposed
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litigation. The proposed amendments
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MARYLAND RULES OF PROCEDURE TITLE 3
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Source: This Rule is derived from f
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Source: This Rule is derived from f
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of the amendment, whichever is late
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as of right; and (F) (H) any other
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REPORTER’S NOTE Chapter 534, Laws
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REPORTER’S NOTE See the Reporter
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Insurance Commissioner of Maryland
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Section (d) (c) is derived from for
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under Rule 4-345, or the defendant
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under Code, Criminal Procedure Arti
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-43- ______ ______ proven not prove
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custody, arrest, or detention of or
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contendere to a charge of a crime o
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to conform his or her conduct to th
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of us, but fewer than all 12, find
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We unanimously determine the senten
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within 15 days after service of the
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language of the proposed amendment
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irregularity. If the appeal is rein
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taking into consideration all relev
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(c) Service (d) Response (e) Hearin
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Family Law Article, Titles 1 and 5
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Agency Guardianship), Form 9-102.9
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(C) Notice The court shall send to
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(c) If I choose to seek the appoint
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child or I or my child's other biol
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the right to be notified when the p
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3. Right to Attorney. I understand
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adopt me and I will no longer be th
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had it read to me in a language tha
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in subsection (b)(2)(B)(iv) and add
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(H) If the person to be adopted is
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equired affidavits of translators o
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ehalf of each petitioner in connect
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e stated is known to a child placem
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affect the consent signed by the pe
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Promptly Upon upon the filing of a
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directs to be served. (B) If the pa
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e published at least one time in on
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IMPORTANT THIS IS A COURT ORDER. IF
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WHETHER THE PETITION REQUESTS ADOPT
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participate effectively in the case
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___________________________________
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[ ] because of a disability, I am i
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e in the form required by Code, Fam
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(D) §5-3B-21 in an Independent Ado
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challenging the standing of the per
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In ruling on a petition for adoptio
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For the legal effect of adoption of
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Cross reference: See Code, Health-G
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exchanged by agreement. (b) Content
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new consent, the court can have a t
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handled under the Indian Child Welf
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(b) I was married to the mother of
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F. Effect of this Consent I UNDERST
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een taken away (guardianship has be
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If you or your child are members of
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CONSENT TO GUARDIANSHIP WITH THE RI
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[ ] I voluntarily and of my own fre
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(Printed Name) ____________________
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B. Right to Speak with a Lawyer You
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charges or fees for adoption counse
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Use a pen to fill out this form. Yo
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Check one of the following: [ ] I g
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________________________________ (C
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Page 183 and 184: IF YOU HAVE A POST-ADOPTION AGREEME
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Page 187 and 188: Attached to this document is a copy
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Page 213 and 214: terminate parental rights and adopt
Page 215 and 216: party; (5) past or current mental h
Page 217 and 218: REPORTER’S NOTE Proposed new Rule
Page 219 and 220: of child’s counsel. The terminolo
Page 221 and 222: their roles as parents or custodian
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Page 229 and 230: They are not designed to be a basis
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Page 233 and 234: follows: MARYLAND RULES OF PROCEDUR
Page 235 and 236: Cross reference: See Md. Const., Ar
Page 237 and 238: Under the proposed amendment, excep
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Page 245 and 246: The Board may authorize a further i
Page 247 and 248: (l) Action by Commission The Commis
Page 249 and 250: (1) Upon application by Investigati
Page 253 and 254: 2. "Local administrative judge" mea
Page 255 and 256: (iii) The use of electronic or phot
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Page 259 and 260: 3. 6. Not more than one audio syste
Page 261 and 262: New language is proposed to be adde
Page 263 and 264: In addition to the mailed notice, t
Page 265 and 266: Upon payment in cash or by certifie
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issues. In light of this change, th
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REPORTER’S NOTE See the Reporter
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price as set forth in the report of
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should advise the client about thos
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follows: MARYLAND RULES OF PROCEDUR
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REPORTER’S NOTE Russell Butler, E
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(1) Contents (2) Exhibits (c) Petit
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The time for revocation of consent
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the guardian and a reference to the
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in compliance with the jurisdiction
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epresented. (4) §§5-3B-06 and 5-3
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court shall appoint an attorney who
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(Note to Drafter of Show Cause Orde
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participate effectively in the adop
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___________________________________
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[ ] I am the person to be adopted a
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The court shall order an investigat
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If the show cause order is served o
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of the presence of all persons othe
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Before entering a judgment of adopt
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the Department of Health and Mental
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If you are unable to afford a lawye
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consent form will also be filed in
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D. Notice ending (termination) of m
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________________________________ (C
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You have the right to speak with a
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1. The adoption agency does not pla
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[ ] I voluntarily and of my own fre
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(Printed Name) ____________________
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You have the right to speak with a
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I. Access to Birth and Adoption Rec
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Use a pen to fill out this form. Yo
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Check one of the following: [ ] I g
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________________________________ (C
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charges or fees for adoption counse
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CONSENT TO INDEPENDENT ADOPTION OF
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D. Consent I voluntarily and of my
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IF YOU HAVE A POST-ADOPTION AGREEME
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Attached to this document is a copy
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CONSENT TO INDEPENDENT ADOPTION WIT
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E. Notice Check one of the followin
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irth parents, my siblings, or I may
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CONSENT OF ________________________
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Human Resources for adoption search
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___________________________ _______
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disability is _____________________
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________________________________ (A
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