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-1127 - Counsel's Duties at Continued Custody Hearing
Universal Citation: LA Admin Code XV-1127
Current through Register Vol. 50, No. 9, September 20, 2024
A. At the continued custody hearing, counsel for a parent should take steps to see that the hearing is conducted in a timely fashion pursuant to La. Ch. C. Art. 624, unless there are strategic reasons for not doing so.
B. In preparing for the continued custody hearing, the attorney should become familiar with:
1. the alleged abuse and/or
neglect;
2. the law of establishing
grounds of abuse and neglect (La. Ch. C. Art. 606);
3. the requirement that the department made
reasonable efforts to prevent or eliminate the need for the child(ren)'s
removal before taking custody of the child(ren); and
4. the subpoena process for obtaining
compulsory attendance of witnesses at the continued custody hearing and the
necessary steps to be taken in order to obtain a proper recordation of the
proceedings.
C. Counsel for a parent should be prepared, in keeping with an overall case strategy, to present reasonable terms of return/reunification of children, with potential conditions, at the continued custody phase.
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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