La. Admin. Code tit. 22 § XV-1341

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

Section 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.

La. Admin. Code tit. 22, § XV-1341

Promulgated by the Office of the Governor, Public Defender Board, LR 37:2606 (September 2011), Amended LR 45411 (3/1/2019).

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