La. Admin. Code tit. 22 § XV-1349

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

Section XV-1349 - Continued Custody Hearing

A. The attorney should take steps to see that the continued custody hearing is conducted in a timely fashion consistent with the prescribed time limits in the Children's Code unless there are strategic reasons for not doing so (e.g., when the offense charged would warrant an automatic transfer upon a finding of probable cause).

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

1. the elements of each of the offenses alleged;

2. the law for establishing probable cause;

3. factual information that is available concerning probable cause;

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

5. the child client's custodial situation, including all persons living in the home;

6. alternative living arrangements for the client where the current custodial situation is an obstacle to release from detention; and

7. potential conditions for release from detention and local options to fulfill those conditions, including the criteria for setting bail and options for the family to meet bail requirements.

C. If the child client is retained in custody and a petition not filed within the time period prescribed by the Children's Code, the attorney should request immediate release of the child client and other appropriate remedy.

La. Admin. Code tit. 22, § XV-1349

Promulgated by the Office of the Governor, Public Defender Board, LR 37:2607 (September 2011), Amended LR 45411 (3/1/2019).

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