(i) has a disability that makes the parent incapable of effectively participating in the case; or

(ii) when the parent must decide whether to consent under this subtitle, is still a minor.

(2) To determine whether a disability makes a parent incapable of effectively participating in a case, a court, on its own motion or on motion of a party, may order examination of the parent.

(b) (1) In an adoption proceeding under this subtitle, a court shall appoint an attorney to represent a prospective adoptee who:

(i) is at least 10 years old; and

(ii) 1. is a minor; or

2. has a disability that makes the prospective adoptee incapable of effectively participating in the proceeding.

(2) To determine whether a disability makes a child incapable of effectively participating in a case, a court, on its own motion or on motion of a party, may order examination of the child.

(c) An attorney or firm:

(1) may represent more than one party in a case under this subtitle only if the Maryland Rules of Professional Conduct allow; and

(2) may not represent a prospective adoptive parent and parent in the same case.

(d) Counsel appointed under this section may be compensated for reasonable fees, as approved by the court.