Current with changes from the 2024 Legislative Session
Section 10-115 - Legal representation(a) In this section, "legal proceeding" means:(1) a civil action for child support;(2) a paternity proceeding under Title 5, Subtitle 10 of this article; and(3) a proceeding under Subtitle 3 of this title.(b) In any support action in which the Administration is providing child support services under federal law, the Administration may initiate a legal proceeding to establish, modify, or enforce a duty of support.(c) In a legal proceeding, the Administration shall be represented by:(1) the Attorney General;(2) the State's Attorney, if the State's Attorney has agreed to provide representation under subsection (g) of this section; or(3) a qualified lawyer who is appointed by and subject to supervision and removal by the Attorney General.(d) An attorney who initiates or participates in a legal proceeding under this section shall represent the Administration.(e) Representation of the Administration by an attorney under this section: (1) creates an attorney-client relationship between that attorney and the Administration; and(2) does not create an attorney-client relationship between that attorney and any other person.(f) The attorney representing the Administration in a legal proceeding under this section shall advise the person whom the Administration has approved for child support services that the attorney's representation of the Administration does not create an attorney-client relationship between the attorney and that person.(g)(1) A State's Attorney may make a written agreement with the Secretary of Human Services and the county to provide legal representation for a fiscal year. An agreement shall be made by September 1 of the year preceding the fiscal year for which representation will be provided.(2) An agreement shall establish reasonable administrative and fiscal requirements for: (i) providing and continuing representation; andAmended by 2019 Md. Laws, Ch. 76,Sec. 1, eff. 10/1/2019.