Louisiana 2013 Regular Session

Louisiana House Bill HCR66 Latest Draft

Bill / Enrolled Version

                            ENROLLED
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Regular Session, 2013
HOUSE CONCURRENT RESOLUTI ON NO. 66
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 of the Legislature of Louisiana
pursuant to House Concurrent Resolution No. 44 and continued pursuant to House
Concurrent Resolution No. 59 of the 2004 Regular Session of the Legislature, House
Concurrent Resolution No. 105 of the 2005 Regular Session of the Legislature,
House Concurrent Resolution No. 137 of the 2007 Regular Session of the
Legislature, and House Concurrent Resolution No. 5 of the 2012 Regular Session of
the Legislature.
WHEREAS, it is the duty of any responsible society to protect children from abuse
and neglect when possible and to ensure a sound process for decisions relative to care and
living arrangements of abused and neglected children; and
WHEREAS, provision of counsel for abused and neglected children and their parents
is an essential due process procedure mandated by law to ensure a sound and fair decision
process relative to safety, permanency, and well-being of those children; and
WHEREAS, the Task Force on Legal Representation in Child Protection Cases was
originally created in the 2003 Regular Session of the Legislature of Louisiana 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, 2007, and 2012 Regular Sessions
of the Legislature; and ENROLLEDHCR NO. 66
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WHEREAS, the provisions of Act Nos. 301, 321, and 664 of the 2004 Regular
Session of the Legislature and Act No. 271 of the 2006 Regular Session of the Legislature
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; and
WHEREAS, the implementation of recommendations issued to date by this task force
has constructed a uniform statewide system of legal representation in child protection cases
which emphasizes quality representation provided in an efficient manner.
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 2014 Regular Session of the Legislature of Louisiana in order to
formalize and institutionalize an effective and efficient uniform system of representation in
child protection cases.
BE IT FURTHER RESOLVED that the membership of the task force shall continue
as provided in House Concurrent Resolution No. 5 of the 2012 Regular Session of the
Legislature.
BE IT FURTHER RESOLVED that the task force shall perform the following tasks:
(1) Analyze the structure and functioning of children's representation, including
funding, management, and quality assurance, and the efficacy of centralization.
(2) Analyze the structure and functioning of parent representation, including
funding, management, and quality assurance.
(3) Consider potential changes to existing law, policy, procedure, data collection,
and reporting prompted by such analysis.
(4) Refer prospective amendments to law to the Children's Code Committee of the
Louisiana State Law Institute.
(5) Make recommendations to ensure the permanence of a uniform statewide system
of legal representation in child protection cases. ENROLLEDHCR NO. 66
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BE IT FURTHER RESOLVED that the task force shall make its final report to the
House Committee on Civil Law and Procedure and the Senate Committee on Judiciary A
prior to the convening of the 2014 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.
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