Code of Maine Rules
94 - INDEPENDENT AGENCIES
649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES
Chapter 103 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT PARENTS IN CHILD PROTECTIVE CASES
Section 649-103-5 - INFORMAL DISCOVERY
Universal Citation: 94 ME Code Rules ยง 649-103-5
Current through 2024-13, March 27, 2024
1. Defense counsel should request and review all discoverable material in the State agency's case file.
A. Defense counsel should request and
review the agency case file as early during the course of representation as
possible. The file contains useful documents that defense counsel may not yet
have and that may instruct defense counsel on the agency's case theory.
(1) If the agency case file is inaccurate,
defense counsel should seek to correct it.
(2) Defense counsel must request and review
the case file periodically because information is continually added by the
agency.
2. Defense counsel should obtain all necessary documents.
A. As part of the discovery phase, defense
counsel should gather all relevant documentation regarding the case that might
shed light on the allegations, the service plan and the client's strengths as a
parent.
(1) Defense counsel should not limit
the scope as information about past or present criminal, protection from abuse,
private custody or administrative proceedings involving the client can have an
impact on the abuse and neglect case.
(2) Defense counsel should also review the
following kinds of documents: social service records; court records; medical
records; school records; and, evaluations of all types.
(3) Defense counsel should be sure to obtain
reports and records from service providers. Discovery is not limited to
information regarding the client, but may include records of others such as the
other parent, stepparent, child, relative and non-relative
caregivers.
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