La. Admin. Code tit. 22 § XV-1308

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

Section XV-1308 - Scope and Continuity of Representation

A. The attorney should consult with the child client and provide representation at the earliest stage of proceedings possible and, whenever possible, the same attorney should continue representing the child client through case closure, including in the post-disposition phase of proceedings. Whenever possible, the same attorney who represented a child client in a previous petition or matter should be assigned to represent the same child client in subsequent petitions.

B. The attorney should engage in holistic advocacy to the extent possible by counseling, advocating for or representing the child client in ancillary matters outside the delinquency system involving issues such as educational, mental health, or public benefits rights that may have a direct or indirect impact on the outcome of the delinquency proceedings. When direct advocacy is not possible due to a lack of expertise, time or other resources, counsel should attempt to refer the child client to qualified advocates specializing in those ancillary matters if doing so is in keeping with the child client's expressed interests, and strategically does not jeopardize confidentiality or otherwise do harm to the child client's goals of representation.

C. The attorney should consider engaging the services of a diverse defense team including a social service practitioner to assess the client's and the client's family's social service needs, to counsel the child client, and to plan and coordinate services that will advance the child client's express interests in the case. Social service practitioners may be beneficial in presenting alternatives to detention, negotiating access to diversionary programs, presenting alternatives to custodial or probationary dispositions, modifying dispositions, and preventing recidivism.

La. Admin. Code tit. 22, § XV-1308

Promulgated by the Office of the Governor, Public Defender Board, LR 45404 (3/1/2019).

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