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-1107 - Training and Experience of Defense Counsel Representing a Parent in a Child in Need of Care or Termination of Parental Rights Proceeding

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to provide quality legal
				representation, counsel shall be familiar with the substantive juvenile law and
				the procedure utilized in child in need of care proceedings, including but not
				limited to Title VI of the Louisiana Children's Code (La. Ch.C. Articles 601 et
				seq.), Title X of the Louisiana Children's Code (La. Ch.C. Articles 1001 et
				seq.) and their applications in the State of Louisiana. Counsel has a
				continuing obligation to stay abreast of changes and developments in the
				law.
B. Prior to agreeing to
				undertake representation of a parent in a child in need of care or termination
				of parental rights proceeding, counsel shall have sufficient experience or
				training to provide effective representation. It is essential for the parent's
				attorney to read and understand all state laws, policies and procedures
				regarding child abuse and neglect. In addition, the parent's attorney should be
				familiar with the following laws to recognize when they are relevant to a case
				and should be prepared to research them when they are applicable:
1. Titles IV-B and IV-E of the Social
				Security Act, including the Adoption and Safe Families Act (ASFA),  42 U.S.C. §
											620 - 679  and the ASFA Regulations, 45 C.F.R. Parts 1355, 1356,
				1357;
2. Fostering Connections to
				Success and Increasing Adoptions Act of 2008,
				P.L.
				110-351;
3. Child Abuse Prevention Treatment Act
				(CAPTA), P.L.
				108-36;
4. Indian Child Welfare Act (ICWA) 25 U.S.C.
				§1901 - 1963,
				the ICWA Regulations,  25 C.F.R. Part 23, and the Guidelines for State Courts:
				Indian Child Custody Proceedings, 44 Fed. Reg. 67, 584 (Nov. 26,
				1979);
5. State Indian Child
				Welfare Act laws;
6. Multi-Ethnic
				Placement Act (MEPA), as amended by the Inter-Ethnic Adoption Provisions of
				1996 (MEPA-IEP)  42 U.S.C. §
											622 (b)(9)  (1998),  42 U.S.C. §
											671(a)(18)  (1998),  42 U.S.C. §
											1996  b (1998);
7. Interstate Compact on Placement of
				Children (ICPC);
8. Foster Care
				Independence Act of 1999 (FCIA),
				P.L.
				106-169;
9. Individuals with Disabilities Education
				Act (IDEA), P.L. 91-230;
10. Family
				Education Rights Privacy Act (FERPA),  20 U.S.C. §
											1232  g;
11. Health Insurance Portability and
				Accountability Act of 1996 (HIPPA), P. L., 104-192 §  264 U.S.C. §
				1320d-2  (in relevant part);
12.
				Public Health Act,  42 U.S.C. Sec. 290dd-2  and 42 C.F.R. Part 2;
13. Louisiana Administrative Code, Title 28,
				Part XLIII (Bulletin 1706-Regulations for Implementation of the Children with
				Exceptionalities Act) and Part CI (Bulletin 1508-Pupil Appraisal
				Handbook);
14. immigration laws
				relating to child welfare and child custody;
15. state laws and rules of
				evidence;
16. state laws and rules
				of civil procedure;
17. state laws
				and rules of criminal procedure;
18. state laws concerning privilege and
				confidentiality, public benefits, education, and disabilities;
19. state laws and rules of professional
				responsibility or other relevant ethics standards;
20. state laws regarding domestic
				violence.