Louisiana Administrative Code
Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT
Part XV - Public Defender Board
Chapter 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases
Section XV-1111 - Obligations of Counsel Prior to Filing of Petition
Universal Citation: LA Admin Code XV-1111
Current through Register Vol. 50, No. 9, September 20, 2024
A. Counsel, upon notice of appointment, should actively represent a parent prior to the filing of the petition in a case.
1. The parent's attorney should counsel
the client about the client's rights in the investigation stage as well as the
realistic pros and cons of cooperating with the Department of Children and
Family Services (e.g., the parent's admissions could be used against the client
later, but cooperating with services could eliminate a petition
filing).
2. The parent's attorney
should acknowledge that the parent may be justifiably emotional that the agency
is involved with the client's family, and help the client develop strategies so
the client does not express that emotion toward the caseworker in ways that may
undermine the client's goals.
3.
The attorney should discuss available services and help the client enroll in
those in which the client wishes to participate.
4. The attorney should explore conference
opportunities with the agency. If it would benefit the client, the attorney
should attend any conferences. The attorney should prepare the client for
issues that might arise at the conference, such as services and available
kinship resources, and discuss with the client the option of bringing a support
person to a conference.
5. The
attorney should gather and forward to the agency the names and contact
information of any potential temporary placements for the children that the
client would like the agency to consider.
6. The attorney should assess whether the
Department of Children and Family Services made the reasonable efforts required
before removing the child from the home and the attorney should be prepared to
argue a lack of reasonable efforts to the court, whenever
appropriate.
B. Counsel should avoid continuances (or reduce empty adjournments) and work to reduce delays in court proceedings unless there is a strategic benefit for the client.
C. Counsel should cooperate and proactively communicate regularly with other professionals in the case, including but not limited to all agency ( Department of Children and Family Services) personnel.
AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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