La. Admin. Code tit. 22, § XV-1111 - Obligations of Counsel Prior to Filing of Petition

A. Counsel, upon notice of appointment, should actively represent a parent prior to the filing of the petition in a case.

1. The parent's attorney should counsel the client about the client's rights in the investigation stage as well as the realistic pros and cons of cooperating with the Department of Children and Family Services (e.g., the parent's admissions could be used against the client later, but cooperating with services could eliminate a petition filing).

2. The parent's attorney should acknowledge that the parent may be justifiably emotional that the agency is involved with the client's family, and help the client develop strategies so the client does not express that emotion toward the caseworker in ways that may undermine the client's goals.

3. The attorney should discuss available services and help the client enroll in those in which the client wishes to participate.

4. The attorney should explore conference opportunities with the agency. If it would benefit the client, the attorney should attend any conferences. The attorney should prepare the client for issues that might arise at the conference, such as services and available kinship resources, and discuss with the client the option of bringing a support person to a conference.

5. The attorney should gather and forward to the agency the names and contact information of any potential temporary placements for the children that the client would like the agency to consider.

6. The attorney should assess whether the Department of Children and Family Services made the reasonable efforts required before removing the child from the home and the attorney should be prepared to argue a lack of reasonable efforts to the court, whenever appropriate.

B. Counsel should avoid continuances (or reduce empty adjournments) and work to reduce delays in court proceedings unless there is a strategic benefit for the client.

C. Counsel should cooperate and proactively communicate regularly with other professionals in the case, including but not limited to all agency ( Department of Children and Family Services) personnel.

Notes

La. Admin. Code tit. 22, § XV-1111

Promulgated by the Office of the Governor, Public Defender Board, LR 37:323 (January 2011).

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