Louisiana Administrative Code
Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT
Part XV - Public Defender Board
Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication
Section XV-1341 - Manifestation of a Disability
Current through Register Vol. 50, No. 3, March 20, 2024
A. Where the child client's actions that are the subject of the delinquency charge suggest a manifestation of a disability, the attorney should argue that the disability prevented the client from having the mental capacity or specific intent to commit the crime. Where appropriate, for school-based offenses, the attorney should argue that that the school did not follow the child client's individual education program, which could have prevented the client's behavior. The attorney should seek a judgment of dismissal or a finding that the juvenile is not delinquent. This information may also be used for mitigation at the time of disposition following a plea or a finding of delinquency.
AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148