La. Admin. Code tit. 22 § XV-1309

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

Section XV-1309 - Basic Competency in Juvenile Proceedings

A. Before agreeing to defend a child client, an attorney has an obligation to make sure that he or she has sufficient time, resources, knowledge and experience to offer quality representation to the child client. Before an attorney defends a child client, the attorney should observe juvenile court, including every stage of a delinquency proceeding, and have a working knowledge of juvenile law and practice.

B. Prior to representing a child client, at a minimum, the attorney should receive training or be knowledgeable in the following areas:

1. relevant federal and state statutes, court decisions and the Louisiana court rules, including but not limited to:

a. Louisiana Children's Code and Code of Criminal Procedure;

b. Louisiana statutory chapters defining criminal offenses;

c. Louisiana Rules of Evidence;

d. Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.;

e. The Prison Rape Elimination Act of 2003, 42 U.S.C. § 15601 et seq.;

f. Prison Rape Elimination Act National Standa28 C.F.R. § rds, 115.5 et seq.;

g. state laws concerning privilege and confidentiality, public benefits, education and disabilities;

h. state laws and rules of professional responsibility or other relevant ethics standards; and

i. the Uniform Rules of the Courts of Appeal and any applicable local appellate rules.

2. overview of the court process and key personnel in the delinquency process, including the practices of the specific judge before whom a case is pending;

3. placement options for detention and disposition;

4. trial and appellate advocacy;

5. ethical obligations for juvenile representation including these guidelines for representation and the special role played in juvenile courts; and

6. child development, including the needs and abilities of juveniles.

C. The attorney should also be familiar with the subject matter of, and be prepared to research when necessary, the following areas of law when necessary and appropriate:

1. Family Education Rights Privacy Act (FERPA), 20 U.S.C. § 1232g;

2. Health Insurance Portability and Accountability Act of 1996 (HIPAA), PL., 104-192 § 264, 42 U.S.C. § 1320d-2 (in relevant part);

3.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).

D. An attorney representing juveniles shall annually complete six hours of training relevant to the representation of juveniles. Additional training may include, but is not limited to:

1. adolescent mental health diagnoses and treatment, including the use of psychotropic medications;

2. how to read a psychological or psychiatric evaluation and how to use these in motions, including but not limited to those involving issues of consent and competency relating to Miranda warnings, searches and waivers;

3. normative childhood development (including brain development), developmental delays and mental retardation;

4. information on the multidisciplinary input required in child-related cases, including information on local experts who can provide consultation and testimony;

5. information on educational rights, including special educational rights and services and how to access and interpret school records and how to use them in motions, including but not limited to those related to consent and competency issues;

6. school suspension and expulsion procedures;

7. skills for communicating with children;

8. information gathering and investigative techniques;

9. use and application of the current assessment tool(s) used in the applicable jurisdiction and possible challenges that can be used to protect child clients;

10. immigration issues regarding children;

11. gang involvement and activity;

12. factors leading children to delinquent behavior, signs of abuse and/or neglect, and issues pertaining to status offenses; and

13. information on religious background and racial and ethnic heritage, and sensitivity to issues of cultural and socio-economic diversity, sexual orientation, and gender identity.

E. Individual lawyers who are new to juvenile representation should take the opportunity to practice under the guidance of a senior lawyer mentor. Correspondingly, experienced attorneys are encouraged to provide mentoring to new attorneys, assist new attorneys in preparing cases, debrief following court hearings, and answer questions as they arise.

F. If personal matters make it impossible for the defense counsel to fulfill the duty of zealous representation, he or she has a duty to refrain from representing the client. If it later appears that counsel is unable to offer effective representation in the case, counsel should move to withdraw.

La. Admin. Code tit. 22, § XV-1309

Promulgated by the Office of the Governor, Public Defender Board, LR 37:2600 (September 2011), Amended LR 45405 (3/1/2019).

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