1. (a) In this section, “legal proceeding” means:

   1. (1) a civil action for child support;
   2. (2) a paternity proceeding under Title 5, Subtitle 10 of this article; and
   3. (3) a proceeding under Subtitle 3 of this title.
2. (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.

3. (c) In a legal proceeding, the Administration shall be represented by:

   1. (1) the Attorney General;
   2. (2) the State's Attorney, if the State's Attorney has agreed to provide representation under subsection (g) of this section; or
   3. (3) a qualified lawyer who is appointed by and subject to supervision and removal by the Attorney General.
4. (d) An attorney who initiates or participates in a legal proceeding under this section shall represent the Administration.

5. (e) Representation of the Administration by an attorney under this section:

   1. (1) creates an attorney-client relationship between that attorney and the Administration; and
   2. (2) does not create an attorney-client relationship between that attorney and any other person.
6. (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.

7. (g)

   1. (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. (2) An agreement shall establish reasonable administrative and fiscal requirements for:

      1. (i) providing and continuing representation; and
      2. (ii) reimbursement.

Added by Acts 1984, c. 296, § 2, eff. Oct. 1, 1984. Amended by Acts 1997, c. 646, § 1, eff. Oct. 1, 1997; Acts 2012, c. 612, § 1, eff. Oct. 1, 2012; Acts 2012, c. 613, § 1, eff. Oct. 1, 2012; Acts 2017, c. 62, § 6; Acts 2019, c. 76, § 1, eff. Oct. 1, 2019.

Formerly Art. 88A, § 59.