La. Admin. Code tit. 22, § XV-1341 - Manifestation of a Disability
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.
Notes
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