Louisiana 2012 2012 Regular Session

Louisiana House Bill HCR5 Engrossed / Bill

                    HLS 12RS-150	ENGROSSED
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Regular Session, 2012
HOUSE CONCURRENT RESOLUTI ON NO. 5
BY REPRESENTATIVE SCHRODER
CHILDREN: Continues the Task Force on Legal Representation in Child Protection Cases
A CONCURRENT RESOLUTI ON1
To continue and provide with respect to the Task Force on Legal Representation in Child2
Protection Cases created in the 2003 Regular Session pursuant to House Concurrent3
Resolution No. 44 and continued pursuant to House Concurrent Resolution No. 594
of the 2004 Regular Session, House Concurrent Resolution No. 105 of the 20055
Regular Session, and House Concurrent Resolution No. 137 of the 2007 Regular6
Session of the Legislature.7
WHEREAS, the Task Force on Legal Representation in Child Protection Cases was8
originally created in the 2003 Regular Session pursuant to House Concurrent Resolution No.9
44 to study systemic issues and concerns related to the provision of legal representation for10
abused and neglected children and indigent parents in child protection cases and to make11
recommendations on how those services may be more effectively and efficiently provided12
and funded; and13
WHEREAS, the work of the task force was continued by the Legislature of Louisiana14
through House Concurrent Resolutions in the 2004, 2005, and 2007 Regular Sessions; and15
WHEREAS, the provisions of Act Nos. 301, 321, and 664 of the 2004 Regular16
Session and Act No. 271 of the 2006 Regular Session were drafted from recommendations17
developed by the task force; and18
WHEREAS, the task force has met frequently since its inception, bringing together19
key stakeholders in the child protection system who have contributed greatly to its work,20 HLS 12RS-150	ENGROSSED
HCR NO. 5
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helping shape and realize the vision of a more effective and efficient system of providing1
legal representation in child protection cases in the future; and2
WHEREAS, the implementation of recommendations issued to date by this task force3
has reconstructed the system of legal representation in child protection cases in Louisiana4
with an emphasis on quality representation provided in an efficient manner.5
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby6
continue the Task Force on Legal Representation in Child Protection Cases through final7
adjournment of the 2013 Regular Session of the Legislature of Louisiana to make final8
recommendations for sustainable continuation of an effective and efficient system of legal9
representation in child protection cases.10
BE IT FURTHER RESOLVED that the task force shall be composed of the11
following members:12
(1) The deputy secretary of programs of the Department of Children and Family13
Services or his designee.14
(2) The deputy judicial administrator for children and families of the Louisiana15
Supreme Court.16
(3) The president of the Louisiana Council of Juvenile and Family Court Judges or17
his designee.18
(4) A representative of the Access to Justice Committee of the Louisiana State Bar19
Association.20
(5) A representative of the Children's Law Committee of the Louisiana State Bar21
Association.22
(6)  A representative of the Louisiana Bar Foundation.23
(7) The executive counsel for the Department of Children and Family Services or24
his designee.25
(8)  An attorney who has represented the interests of parents in child protection26
proceedings, appointed by the Louisiana Public Defender Board.27
(9) Four attorneys who have represented the interests of children in child protection28
proceedings, appointed in the number of one each by the following organizations:29
(a)  Child Advocacy Program of the Mental Health Advocacy Service.30 HLS 12RS-150	ENGROSSED
HCR NO. 5
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(b)  Acadiana Legal Service Corporation.1
(c)  Legal Services of North Louisiana, Incorporated.2
(d)  Southeast Louisiana Legal Services Corporation.3
(10) The executive director of the Louisiana District Attorney Association or his4
designee.5
(11)  A representative of the office of the governor.6
(12)  A representative of the division of administration, office of risk management.7
(13) A member of the Louisiana Senate or a designated legislative staff member,8
appointed by the president of the Senate.9
(14) A member of the Louisiana House of Representatives or a designated legislative10
staff member, appointed by the speaker of the House.11
(15) A member of the Louisiana Court Appointed Special Advocates (CASA)12
Association.13
(16) The executive director of the Louisiana Association of Criminal Defense14
Lawyers or his designee.15
(17) A representative of the Paul M. Hebert Law Center of Louisiana State16
University.17
(18)  A representative of the College of Law of Loyola University of New Orleans.18
(19)  A representative of the Southern University Law Center.19
(20)  A representative of the Tulane University Law School.20
(21) The executive director of the Mental Health Advocacy Service or his designee.21
(22)  The chair of the Louisiana Children's Justice Act Task Force or his designee.22
BE IT FURTHER RESOLVED that the task force shall perform the following tasks:23
(1) Complete an evaluation of the efficacy of the system of legal representation in24
child protection cases as it is currently implemented.25
(2) Consider potential changes to existing law, policy, procedure, data collection,26
and reporting prompted by such evaluation.27
(3) Make programmatic and fiscal recommendations that  support improvement and28
continuation of the system of legal representation in child protection cases.29 HLS 12RS-150	ENGROSSED
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BE IT FURTHER RESOLVED that the task force shall report on system1
implementation and make recommendations to the House Committee on Civil Law and2
Procedure and the Senate Committee on Judiciary A prior to the convening of the 20133
Regular Session of the Legislature of Louisiana.4
BE IT FURTHER RESOLVED that the final implementation phase of the task force5
shall be chaired by a member of the Louisiana Legislature.6
BE IT FURTHER RESOLVED that the Department of Children and Family Services7
and the Louisiana Supreme Court shall continue to provide staff support to assist the task8
force in facilitating implementation of its recommendations.9
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the10
secretary of the Department of Children and Family Services, the chief justice of the11
Louisiana Supreme Court, and the president of the Louisiana State Bar Association.12
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Schroder	HCR No. 5
Continues the Task Force on Legal Representation in Child Protection Cases through final
adjournment of the 2013 R.S. Provides that the purpose of the task force is to make final
recommendations for sustainable continuation of an effective and efficient system of legal
representation in child protection cases.