La. Admin. Code tit. 22, § XV-1107 - Training and Experience of Defense Counsel Representing a Parent in a Child in Need of Care or Termination of Parental Rights Proceeding

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.

Notes

La. Admin. Code tit. 22, § XV-1107

Promulgated by the Office of the Governor, Public Defender Board, LR 37:322 (January 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148.