La. Admin. Code tit. 22 § XV-1127

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-1127 - Counsel's Duties at Continued Custody Hearing

A. At the continued custody hearing, counsel for a parent should take steps to see that the hearing is conducted in a timely fashion pursuant to La. Ch. C. Art. 624, unless there are strategic reasons for not doing so.

B. In preparing for the continued custody hearing, the attorney should become familiar with:

1. the alleged abuse and/or neglect;

2. the law of establishing grounds of abuse and neglect (La. Ch. C. Art. 606);

3. the requirement that the department made reasonable efforts to prevent or eliminate the need for the child(ren)'s removal before taking custody of the child(ren); and

4. the subpoena process for obtaining compulsory attendance of witnesses at the continued custody hearing and the necessary steps to be taken in order to obtain a proper recordation of the proceedings.

C. Counsel for a parent should be prepared, in keeping with an overall case strategy, to present reasonable terms of return/reunification of children, with potential conditions, at the continued custody phase.

La. Admin. Code tit. 22, § XV-1127

Promulgated by the Office of the Governor, Public Defender Board, LR 37:327 (January 2011).

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