La. Admin. Code tit. 22 § XV-1109

Current through Register Vol. 50, No. 9, September 20, 2024

Section XV-1109 - Obligations of Counsel Regarding Parent's Rights

A. Counsel should understand and protect the parent's rights to information and decision-making while the child is in the custody of the state. The parent's attorney shall explain to the parent what decision-making authority remains with the parent and what lies with the child welfare agency while the child is in custody of the state.

B. The parent's attorney should seek updates and reports from any service provider working with the child/family and help the client obtain information about the child's safety, health, education and well-being when the client desires.

C. Where decision-making rights remain, the parent's attorney should assist the parent in exercising his or her rights to continue to make decisions regarding the child's medical, mental health and educational services.

D. If necessary, the parent's attorney should intervene with the Department of Children and Family Services, provider agencies, medical providers and the school to ensure the parent has decision-making opportunities. This may include seeking court orders when the parent has been left out of important decisions about the child's life.

La. Admin. Code tit. 22, § XV-1109

Promulgated by the Office of the Governor, Public Defender Board, LR 37:323 (January 2011).

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