ENROLLED
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Regular Session, 2012
HOUSE CONCURRENT RESOLUTI ON NO. 5
BY REPRESENTATIVE SCHRODER
A CONCURRENT RESOLUTI ON
To continue and provide with respect to the Task Force on Legal Representation in Child
Protection Cases created in the 2003 Regular Session pursuant to House Concurrent
Resolution No. 44 and continued pursuant to House Concurrent Resolution No. 59
of the 2004 Regular Session, House Concurrent Resolution No. 105 of the 2005
Regular Session, and House Concurrent Resolution No. 137 of the 2007 Regular
Session of the Legislature.
WHEREAS, the Task Force on Legal Representation in Child Protection Cases was
originally created in the 2003 Regular Session pursuant to House Concurrent Resolution No.
44 to study systemic issues and concerns related to the provision of legal representation for
abused and neglected children and indigent parents in child protection cases and to make
recommendations on how those services may be more effectively and efficiently provided
and funded; and
WHEREAS, the work of the task force was continued by the Legislature of Louisiana
through House Concurrent Resolutions in the 2004, 2005, and 2007 Regular Sessions; and
WHEREAS, the provisions of Act Nos. 301, 321, and 664 of the 2004 Regular
Session and Act No. 271 of the 2006 Regular Session were drafted from recommendations
developed by the task force; and
WHEREAS, the task force has met frequently since its inception, bringing together
key stakeholders in the child protection system who have contributed greatly to its work,
helping shape and realize the vision of a more effective and efficient system of providing
legal representation in child protection cases in the future; and
WHEREAS, the implementation of recommendations issued to date by this task force
has reconstructed the system of legal representation in child protection cases in Louisiana
with an emphasis on quality representation provided in an efficient manner. ENROLLEDHCR NO. 5
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THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
continue the Task Force on Legal Representation in Child Protection Cases through final
adjournment of the 2013 Regular Session of the Legislature of Louisiana to make final
recommendations for sustainable continuation of an effective and efficient system of legal
representation in child protection cases.
BE IT FURTHER RESOLVED that the task force shall be composed of the
following members:
(1) The deputy secretary of programs of the Department of Children and Family
Services or his designee.
(2) The deputy judicial administrator for children and families of the Louisiana
Supreme Court.
(3) The president of the Louisiana Council of Juvenile and Family Court Judges or
his designee.
(4) A representative of the Access to Justice Committee of the Louisiana State Bar
Association.
(5) A representative of the Children's Law Committee of the Louisiana State Bar
Association.
(6) A representative of the Louisiana Bar Foundation.
(7) The executive counsel for the Department of Children and Family Services or
his designee.
(8) An attorney who has represented the interests of parents in child protection
proceedings, appointed by the Louisiana Public Defender Board.
(9) Four attorneys who have represented the interests of children in child protection
proceedings, appointed in the number of one each by the following organizations:
(a) Child Advocacy Program of the Mental Health Advocacy Service.
(b) Acadiana Legal Service Corporation.
(c) Legal Services of North Louisiana, Incorporated.
(d) Southeast Louisiana Legal Services Corporation.
(10) The executive director of the Louisiana District Attorney Association or his
designee.
(11) A representative of the office of the governor. ENROLLEDHCR NO. 5
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(12) A representative of the division of administration, office of risk management.
(13) A member of the Louisiana Senate or a designated legislative staff member,
appointed by the president of the Senate.
(14) A member of the Louisiana House of Representatives or a designated legislative
staff member, appointed by the speaker of the House.
(15) A member of the Louisiana Court Appointed Special Advocates (CASA)
Association.
(16) The executive director of the Louisiana Association of Criminal Defense
Lawyers or his designee.
(17) A representative of the Paul M. Hebert Law Center of Louisiana State
University.
(18) A representative of the College of Law of Loyola University of New Orleans.
(19) A representative of the Southern University Law Center.
(20) A representative of the Tulane University Law School.
(21) The executive director of the Mental Health Advocacy Service or his designee.
(22) The chair of the Louisiana Children's Justice Act Task Force or his designee.
BE IT FURTHER RESOLVED that the task force shall perform the following tasks:
(1) Complete an evaluation of the efficacy of the system of legal representation in
child protection cases as it is currently implemented.
(2) Consider potential changes to existing law, policy, procedure, data collection,
and reporting prompted by such evaluation.
(3) Make programmatic and fiscal recommendations that support improvement and
continuation of the system of legal representation in child protection cases.
BE IT FURTHER RESOLVED that the task force shall report on system
implementation and make recommendations to the House Committee on Civil Law and
Procedure and the Senate Committee on Judiciary A prior to the convening of the 2013
Regular Session of the Legislature of Louisiana.
BE IT FURTHER RESOLVED that the final implementation phase of the task force
shall be chaired by a member of the Louisiana Legislature. ENROLLEDHCR NO. 5
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BE IT FURTHER RESOLVED that the Department of Children and Family Services
and the Louisiana Supreme Court shall continue to provide staff support to assist the task
force in facilitating implementation of its recommendations.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
secretary of the Department of Children and Family Services, the chief justice of the
Louisiana Supreme Court, and the president of the Louisiana State Bar Association.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE