In Re Adoption/Guardianship of Chaden M., 30 A.3d 935

DSS sought guardianship of Chaden M. and alleged April C. may have had a disability preventing her effective participation.
Show cause order issued; thirty-day objection period commenced; counsel for April entered appearance December 3, 2008.
April C. was incarcerated; no timely objection was filed by deadline; DSS withdrew disability allegation later; hearing set for disability and guardianship.
Attorney Smith met April C. in custody, concluded there was some disability, and treated her appearance as an objection per courthouse policy.
Disability determination hearing occurred; court found April C. not disabled and DSS moved to strike untimely objection; guardianship order granted.
April C. appealed; Court of Special Appeals held she had right to effective counsel and that Smith’s failure to timely file objection was ineffective assistance; remanded for belated objection.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Right to counsel attachs for allegedly disabled parent.	April C. had a statutory right to counsel under F.L. § 5-307(a) and Rule 9-105(b).	Right to counsel attaches only after timely objection is filed; no pre-objection entitlement in this context.	Yes; right to counsel attaches when disability is alleged, ongoing through proceeding.
Effect of counsel’s failure to file timely objection.	Smith’s failure prejudices April C. by precluding contest to guardianship.	Counsel’s appearance and actions did not create ineffective assistance; timely objection not filed by client.	Counsel’s failure constituted ineffective assistance requiring belated objection remedy.
Whether belated objection is proper remedy.	Belated objection appropriate to cure ineffective assistance.	Objection deadline cannot be circumvented; avoid prejudice to DSS and child.	Belated objection permitted to remedy due process and ensure contestability.
Application of Strickland standard.	Strickland governs ineffective assistance for guardianship context.	Strickland analysis unnecessary if statutory framework controls.	Court did not rely on Strickland; nonetheless, counsel's deficient conduct violated effective assistance standard.

In re Adoption/Guardianship No. 93321055, 344 Md. 458 (1997) (deemed consent when no timely objection filed; affects due process considerations)
Flansburg v. State, 345 Md. 694 (1997) (right to counsel includes effective assistance)
Webster v. State, 299 Md. 581 (1984) (counsel's effectiveness matters in pre-indictment contexts)
Garrison v. State, 350 Md. 128 (1998) (belated appeal as remedy when timely filing is prevented by counsel)
State v. Walker, 417 Md. 589 (2011) ( Sixth Amendment context; right to counsel principles applicable)
In re Mark M., 365 Md. 687 (2001) (statutory interpretation guiding disability and guardianship provisions)