La. Admin. Code tit. 67 § III-6945

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

Section III-6945 - Court Advocacy

A. Guiding Principles. These standards require that family violence programs establish common quality intervention services. Participation in intervention services shall be voluntary.

B. Critical Minimum Standards

1. Standard 16.1. The program must provide court advocacy to assist survivors in receiving self-identified interventions and actions sought from civil and criminal justice systems. The program must also provide information about legal options so that self-identification of needed interventions can occur.

C. Minimum Standards

1. Standard 16.2. Court advocacy services must ensure that appropriate staff members and volunteers have a working knowledge of current state and federal laws pertaining to domestic violence and how the local justice system responds to domestic violence cases including the local court rules in each parish where services are provided.

2. Standard 16.3. Court and legal advocacy must be provided by qualified, trained staff members and volunteers who:

a. offer support to survivors seeking relief through the courts;

b. help survivors understand court actions; and

c. provide information that enables the survivor to make informed decisions about court actions, decisions, and processes.

3. Standard 16.4. Programs offering court advocacy services must maintain a clear distinction between legal advice and legal information. The program must strictly monitor and prohibit staff members and volunteers from practicing law or providing legal representation if they are not properly certified to engage in such legal practices.

4. Standard 16.5. Court advocacy services must maintain current referral lists for survivors that include:

a. local criminal and civil justice agencies and contact persons in each parish where services are provided; and

b. local, state, and national resources for certain legal issues such as immigration, interstate child custody, identity, relocation, etc.

5. Standard 16.6. Court advocacy services must be provided to both shelter residents and nonresidents.

La. Admin. Code tit. 67, § III-6945

Promulgated by the Department of Children and Family Services, Economic Stability Section, LR 4436 (1/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 46:2121-2128.