La. R. Sup. Ct., subpt. II
Standard 1. Continuing right to counsel
Each child has a right to independent counsel at every stage of Child in Need of Care proceedings, which right begins at the continued custody hearing and continues through subsequent Certification for Adoption proceedings, including any relevant writs or appeals.
An attorney serving as counsel for a child in a Child in Need of Care proceeding should continue representation of the child through any subsequent Certification for Adoption proceedings, including any relevant writs or appeals.
Standard 2. Duties
An attorney serving as independent counsel for a child owes the same duties of loyalty, confidentiality, advocacy and competent representation to the child as are owed to any client.
Standard 3. Client abilities
Counsel for a child should ensure the child's ability to provide client-based direction by structuring all communications to account for the child's age, level of education, developmental level, cultural context and degree of language acquisition.
Standard 4. Basic obligations
Counsel for a child should:
Standard 5. Conflict of interest
If counsel is or has formerly represented another party in the case or is appointed for siblings, there may be a conflict which could require that counsel decline representation or withdraw from representing all of the children.
Standard 6. Client under a disability
Counsel for a child should determine whether the child is "under a disability" pursuant to the Rules of Professional Conduct with respect to each issue in which the child is called upon to direct the representation.
To the extent that a child cannot express his/her desires and preferences, counsel for the child shall make a good faith effort to determine the child's wishes and advocate accordingly and/or request appointment of a Court Appointed Special Advocate.
To the extent that a child does not or will not express his/her desires and preferences about particular issues, the child's attorney should determine and advocate the child's best interests. Determination of the child's best interests should be based on objective criteria, such as the child's specific needs and preferences, the goal of expeditious resolution of the case so the child can remain or return home or be placed in a safe, nurturing and permanent environment, and the use of the least restrictive alternatives available.
If counsel for a child determines that the child's expressed desires and preferences would be seriously injurious to the child, the lawyer may request appointment of a Court Appointed Special Advocate to advocate for the best interest of the child and continue to represent the child's expressed desires and preferences, unless the child's position is prohibited by law or is without any factual foundation. Counsel for a child shall not reveal the basis of the request for appointment of a Court Appointed Special Advocate which would compromise the child's position.
Standard 7. Meet with the child
Establishing and maintaining a relationship with a child is the foundation of representation. Regardless of the age of the child, counsel for the child must engage in regular and meaningful communication with the child in a developmentally appropriate manner, and should personally meet with the child no later than 15 days after appointment, prior to all court hearings, and when advised of any change in circumstances affecting the child.
Standard 8. Investigate
Counsel for a child should conduct thorough, continuing and independent investigations and discovery, including but not limited to:
Standard 9. Filing pleadings
Counsel for a child should file petitions, motions, answers, responses or objections as necessary to represent the child, including but not limited to:
Standard 10. Request for services
Consistent with the child's wishes, counsel should seek and advocate for appropriate services to access entitlements to protect the child's interests and to formulate or implement a plan for services including, but not limited to:
Standard 11. Participation in mediation and settlement negotiations
Counsel for a child should participate in mediation and settlement negotiations to seek expeditious resolution of the case, keeping in mind the effect on the child of continuances and delays.
Standard 12. Hearings
Counsel for a child should attend and participate in all hearings and conferences with the court relevant to the child.
Counsel should explain to the child, in a developmentally appropriate manner, what is expected to happen before, during and after each hearing.
Counsel should make appropriate motions and objections. If necessary, counsel should file briefs in support of issues. During all hearings, counsel should preserve legal issues for appeal, as appropriate.
Counsel should present evidence, direct and cross-examine witnesses, offer exhibits, and provide independent evidence as necessary.
The child should be present at significant court hearings, regardless of whether the child will testify, except when counsel affirmatively waives the child's presence because the child does not want to attend, is too young to sit through the hearing, would be severely traumatized by attending, or for other compelling reasons.
Counsel for a child should decide whether to call the child as a witness considering the child's need or desire to testify, any repercussions of testifying, the necessity of the child's testimony, the availability of alternative forms of admissible testimony, the child's developmental ability to provide testimony and withstand cross-examination.
Counsel should ensure that the child is prepared to testify, including familiarizing the child with the courtroom, court procedures and what to expect during direct and cross- examination.
Counsel should seek to ensure that questions to the child are phrased in an age and developmentally appropriate manner.
Counsel should be familiar with issues of competency and reliability of children's testimony and be prepared to establish or defend the competency or reliability of the child.
Counsel should review all written orders to ensure conformance with the law and with any verbal orders of the court, should discuss all orders and their consequences with the child, and monitor implementation of the orders.
Standard 13. Continuing duties
Counsel for a child should continue to remain in contact with all parties and service providers and monitor case progress between hearings.
Standard 14. Appellate Review
Counsel for a child should consider and discuss with the child, as developmentally appropriate, the possibility of a writ or an appeal. If after such consultation, the child wishes to appeal an order, and the appeal has merit, counsel should take all steps necessary to expedite the appeal and protect the interests of the child during the pendency of the appeal.
If counsel determines that an appeal would be frivolous or that counsel lacks the necessary experience or expertise to handle the appeal, counsel should notify the court and seek to join co-counsel, or be discharged or replaced.
The child's attorney should participate in an appeal filed by another party unless discharged.
When the appellate decision is received, counsel should explain the outcome of the case to the child.
Standard 15. Scope of representation
Counsel for a child should seek to ensure continued representation of the child at all child-related conferences and hearings so long as the court maintains its jurisdiction.
Counsel for a child should discuss the end of legal representation with the child and determine what contacts, if any, will continue between the child and his/her counsel.
La. R. Sup. Ct., subpt. II