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

More documents

Recommendations

Info

$C:\Documents and Settings\thomast\Local Settings\Temp\c.lotus ...$

five or six years of age, and certainly those of ten or twelve, are regarded as having opinions that are entitled to weight in legal proceedings concerning their custody. Consideration of and, when appropriate, deference to these opinions are especially important in cases involving children in Child In Need of Assistance (CINA) and related Termination of Parental Rights (TPR) and adoption proceedings. With respect to these categories of cases, the Maryland Foster Care Court Improvement Project has prepared Guidelines of Advocacy for Attorneys Representing Children in CINA and Related TPR and Adoption Proceedings. The Guidelines are included in an Appendix to the Maryland Rules. Also included in an Appendix to the Maryland Rules are Maryland Guidelines for Practice for Court-Appointed Lawyers Representing Children in Cases Involving Child Custody or Child Access, developed by the Maryland Judicial Conference Committee on Family Law. . . . REPORTER’S NOTE The proposed amendment to Paragraph 20 of the Preamble and Scope of the Maryland Lawyers’ Rules of Professional Conduct conforms it to the terminology used in the Introduction and Scope of the new Maryland Guidelines for Practice for Court-Appointed Lawyers Representing Children in Cases Involving Child Custody or Child Access, proposed to be added as an Appendix to the Maryland Rules. New Comment Paragraph 29.1, proposed to be added to Rule 1.7, is transferred from the Maryland Standards of Practice for Court-Appointed Lawyers Representing Children in Custody Cases that was approved by the Conference of Circuit Judges. Added to the Paragraph are the phrase, “provided the attorney determines the siblings’ best interests to be consistent,” and a reference to proposed new Rule 9-205.1 (Appointment of Child’s Counsel) and proposed new Appendix to the Maryland Rules: Maryland Guidelines for Practice for Court-Appointed Lawyers Representing Children in Cases Involving Child Custody of Child Access. In Comment Paragraph 1 to Rule 1.7, following the reference to the Guidelines of Advocacy for Attorneys Representing Children in CINA and Related TPR and Adoption Proceedings, the Committee recommends the addition of a reference to the proposed new Appendix to the Maryland Rules: Maryland Guidelines for Practice for Court-Appointed Lawyers Representing Children in Cases Involving Child Custody or Child Access. -232
follows: MARYLAND RULES OF PROCEDURE TITLE 16 - COURTS, JUDGES, AND ATTORNEYS CHAPTER 800 - MISCELLANEOUS AMEND Rule 16-803 to add a definition of “Board,” as Rule 16-803. COMMISSION ON JUDICIAL DISABILITIES - DEFINITIONS The following definitions apply in Rules 16-804 through 16-810 except as expressly otherwise provided or as necessary implication requires: (a) Address of Record "Address of record" means a judge's current home address or another address designated by the judge. Cross reference: See Rule 16-810 (a)(1) concerning confidentiality of a judge's home address. (b) Board “Board” means the Judicial Inquiry Board appointed pursuant to Rule 16-804.1. (b) (c) Charges "Charges" means the charges filed with the Commission by Investigative Counsel pursuant to Rule 16-808. (c) (d) Commission Disabilities. "Commission" means the Commission on Judicial (d) (e) Commission Record -233-
Page 1 and 2:
STANDING COMMITTEE ON RULES OF PRAC
Page 3 and 4:
December 19, 2006 ONE HUNDRED FIFTY
Page 5 and 6:
of probation proceeding is proposed
Page 7 and 8:
litigation. The proposed amendments
Page 9 and 10:
MARYLAND RULES OF PROCEDURE TITLE 3
Page 11 and 12:
Source: This Rule is derived from f
Page 13 and 14:
Source: This Rule is derived from f
Page 15 and 16:
of the amendment, whichever is late
Page 17 and 18:
Page 19 and 20:
as of right; and (F) (H) any other
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
REPORTER’S NOTE Chapter 534, Laws
Page 29 and 30:
REPORTER’S NOTE See the Reporter
Page 31 and 32:
Page 33 and 34:
Insurance Commissioner of Maryland
Page 35 and 36:
Page 37 and 38:
Section (d) (c) is derived from for
Page 39 and 40:
under Rule 4-345, or the defendant
Page 41 and 42:
under Code, Criminal Procedure Arti
Page 43 and 44:
-43- ______ ______ proven not prove
Page 45 and 46:
custody, arrest, or detention of or
Page 47 and 48:
contendere to a charge of a crime o
Page 49 and 50:
to conform his or her conduct to th
Page 51 and 52:
of us, but fewer than all 12, find
Page 53 and 54:
We unanimously determine the senten
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
within 15 days after service of the
Page 61 and 62:
language of the proposed amendment
Page 63 and 64:
irregularity. If the appeal is rein
Page 65 and 66:
taking into consideration all relev
Page 67 and 68:
Page 69 and 70:
(c) Service (d) Response (e) Hearin
Page 71 and 72:
Family Law Article, Titles 1 and 5
Page 73 and 74:
Page 75 and 76:
Agency Guardianship), Form 9-102.9
Page 77 and 78:
(C) Notice The court shall send to
Page 79 and 80:
(c) If I choose to seek the appoint
Page 81 and 82:
child or I or my child's other biol
Page 83 and 84:
the right to be notified when the p
Page 85 and 86:
3. Right to Attorney. I understand
Page 87 and 88:
adopt me and I will no longer be th
Page 89 and 90:
had it read to me in a language tha
Page 91 and 92:
in subsection (b)(2)(B)(iv) and add
Page 93 and 94:
(H) If the person to be adopted is
Page 95 and 96:
equired affidavits of translators o
Page 97 and 98:
ehalf of each petitioner in connect
Page 99 and 100:
e stated is known to a child placem
Page 101 and 102:
affect the consent signed by the pe
Page 103 and 104:
Promptly Upon upon the filing of a
Page 105 and 106:
directs to be served. (B) If the pa
Page 107 and 108:
e published at least one time in on
Page 109 and 110:
IMPORTANT THIS IS A COURT ORDER. IF
Page 111 and 112:
WHETHER THE PETITION REQUESTS ADOPT
Page 113 and 114:
participate effectively in the case
Page 115 and 116:
___________________________________
Page 117 and 118:
[ ] because of a disability, I am i
Page 119 and 120:
e in the form required by Code, Fam
Page 121 and 122:
Page 123 and 124:
(D) §5-3B-21 in an Independent Ado
Page 125 and 126:
Page 127 and 128:
challenging the standing of the per
Page 129 and 130:
Page 131 and 132:
In ruling on a petition for adoptio
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
For the legal effect of adoption of
Page 139 and 140:
Cross reference: See Code, Health-G
Page 141 and 142:
exchanged by agreement. (b) Content
Page 143 and 144:
Page 145 and 146:
new consent, the court can have a t
Page 147 and 148:
handled under the Indian Child Welf
Page 149 and 150:
(b) I was married to the mother of
Page 151 and 152:
F. Effect of this Consent I UNDERST
Page 153 and 154:
Page 155 and 156:
een taken away (guardianship has be
Page 157 and 158:
If you or your child are members of
Page 159 and 160:
CONSENT TO GUARDIANSHIP WITH THE RI
Page 161 and 162:
[ ] I voluntarily and of my own fre
Page 163 and 164:
(Printed Name) ____________________
Page 165 and 166:
B. Right to Speak with a Lawyer You
Page 167 and 168:
charges or fees for adoption counse
Page 169 and 170:
Use a pen to fill out this form. Yo
Page 171 and 172:
Check one of the following: [ ] I g
Page 173 and 174:
________________________________ (C
Page 175 and 176:
this document. B. Right to Speak wi
Page 177 and 178:
of your child or for your agreement
Page 179 and 180:
CONSENT TO INDEPENDENT ADOPTION OF
Page 181 and 182: D. Consent I voluntarily and of my
Page 183 and 184: IF YOU HAVE A POST-ADOPTION AGREEME
Page 185 and 186: B. Right to Speak with a Lawyer You
Page 187 and 188: Attached to this document is a copy
Page 189 and 190: CONSENT TO INDEPENDENT ADOPTION WIT
Page 191 and 192: E. Notice Check one of the followin
Page 193 and 194: MARYLAND RULES OF PROCEDURE TITLE 9
Page 195 and 196: Social Services Administration of t
Page 199 and 200: CONSENT OF ________________________
Page 201 and 202: Human Resources for adoption search
Page 205 and 206: knowledge, information, and belief.
Page 207 and 208: ___________________________________
Page 211 and 212: knowledge, information, and belief.
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
Page 223 and 224: waived or (2) placing the waiver or
Page 225 and 226: Each court should develop a compens
Page 227 and 228: Rule 2-504 is proposed to be amende
Page 229 and 230: They are not designed to be a basis
Page 231: whether because of minority, mental
Page 235 and 236: Cross reference: See Md. Const., Ar
Page 237 and 238: Under the proposed amendment, excep
Page 239 and 240: The presence of a majority of the m
Page 241 and 242: complainant of the right to file a
Page 243 and 244: Counsel to issue a subpoena to obta
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
Page 257 and 258: proceedings, and cases involving tr
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
Page 267 and 268: estores the lawyer to good standing
Page 269 and 270: shall prepare, certify, and file wi
Page 273 and 274: MARYLAND RULES OF PROCEDURE APPENDI
Page 281 and 282: issues. In light of this change, th
Page 283 and 284:
REPORTER’S NOTE See the Reporter
Page 285 and 286:
price as set forth in the report of
Page 287 and 288:
should advise the client about thos
Page 289 and 290:
follows: MARYLAND RULES OF PROCEDUR
Page 291 and 292:
Page 293 and 294:
Page 295 and 296:
REPORTER’S NOTE Russell Butler, E
Page 297 and 298:
(1) Contents (2) Exhibits (c) Petit
Page 299 and 300:
Page 301 and 302:
Page 303 and 304:
The time for revocation of consent
Page 305 and 306:
Page 307 and 308:
the guardian and a reference to the
Page 309 and 310:
in compliance with the jurisdiction
Page 311 and 312:
epresented. (4) §§5-3B-06 and 5-3
Page 313 and 314:
Page 315 and 316:
court shall appoint an attorney who
Page 317 and 318:
(Note to Drafter of Show Cause Orde
Page 319 and 320:
participate effectively in the adop
Page 321 and 322:
___________________________________
Page 323 and 324:
[ ] I am the person to be adopted a
Page 325 and 326:
Page 327 and 328:
The court shall order an investigat
Page 329 and 330:
If the show cause order is served o
Page 331 and 332:
Page 333 and 334:
of the presence of all persons othe
Page 335 and 336:
Page 337 and 338:
Before entering a judgment of adopt
Page 339 and 340:
the Department of Health and Mental
Page 341 and 342:
Page 343 and 344:
If you are unable to afford a lawye
Page 345 and 346:
consent form will also be filed in
Page 347 and 348:
Page 349 and 350:
D. Notice ending (termination) of m
Page 351 and 352:
________________________________ (C
Page 353 and 354:
You have the right to speak with a
Page 355 and 356:
1. The adoption agency does not pla
Page 357 and 358:
Page 359 and 360:
[ ] I voluntarily and of my own fre
Page 361 and 362:
(Printed Name) ____________________
Page 363 and 364:
You have the right to speak with a
Page 365 and 366:
I. Access to Birth and Adoption Rec
Page 367 and 368:
Use a pen to fill out this form. Yo
Page 369 and 370:
Check one of the following: [ ] I g
Page 371 and 372:
________________________________ (C
Page 373 and 374:
Page 375 and 376:
charges or fees for adoption counse
Page 377 and 378:
CONSENT TO INDEPENDENT ADOPTION OF
Page 379 and 380:
D. Consent I voluntarily and of my
Page 381 and 382:
IF YOU HAVE A POST-ADOPTION AGREEME
Page 383 and 384:
Page 385 and 386:
Attached to this document is a copy
Page 387 and 388:
CONSENT TO INDEPENDENT ADOPTION WIT
Page 389 and 390:
E. Notice Check one of the followin
Page 391 and 392:
Page 393 and 394:
irth parents, my siblings, or I may
Page 395 and 396:
Page 397 and 398:
CONSENT OF ________________________
Page 399 and 400:
Human Resources for adoption search
Page 401 and 402:
Page 403 and 404:
___________________________ _______
Page 405 and 406:
disability is _____________________
Page 407 and 408:
Page 409:
________________________________ (A
show all

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

Create successful ePaper yourself

Delete template?

Save as template?