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ACT No. 354
Regular Session, 2014
HOUSE BILL NO. 1061
BY REPRESENTATIVE SCHRODER
AN ACT1
To amend and reenact Children's Code Articles 401, 552(2), 553(A) and (B), the heading of2
Part II of Chapter 6 of Title V of the Louisiana Children's Code, Children's Code3
Articles 558, 560(A), 571(B), 574, 575(B), 607, 608, 624(A), 625(A)(4), 627(E),4
631(B), 720(A), (B)(introductory paragraph) and (6), (C), and (D), 723(D), 724(A)5
and (B), 1016(B) and (C), and 1269.4(A), to enact Chapter 7 of Title V of the6
Louisiana Children's Code, to be comprised of Children's Code Article 581, and7
Children's Code Articles 635.1 and 1405.1, and to repeal Children's Code Articles8
559 and 571(C), relative to legal representation for children and indigent parents in9
child protection cases; to establish and provide for functions of the Louisiana Child10
Representation System and the Child Protection Representation Commission; to11
provide for the Child Advocacy Program of the Mental Health Advocacy Service;12
to provide relative to child in need of care proceedings; to provide for designation13
of programs by the Louisiana Supreme Court for provision of child representation14
services in certain courts; to provide for right to counsel for parents and conditions15
for waiving such right; to provide for custody hearings and orders; to provide for16
motions, case review reports, case plans, and filing in child protection cases; to17
provide for local rules of juvenile courts; and to provide for related matters.18
Be it enacted by the Legislature of Louisiana:19
Section 1. Children's Code Articles 401, 552(2), 553(A) and (B), the heading of Part20
II of Chapter 6 of Title V of the Louisiana Children's Code, Children's Code Articles 558,21
560(A), 571(B), 574, 575(B), 607, 608, 624(A), 625(A)(4), 627(E), 631(B), 720(A),22
(B)(introductory paragraph) and (6), (C), and (D), 723(D), 724(A) and (B), 1016(B) and (C),23
and 1269.4(A) are hereby amended and reenacted and Chapter 7 of Title V of the Louisiana24 ENROLLEDHB NO. 1061
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Children's Code, comprised of Children's Code Article 581, and Children's Code Articles1
635.1 and 1405.1 are hereby enacted to read as follows:2
Art. 401. Adoption of local rules of court3
A. A Unless procedures are otherwise provided through rules promulgated4
by the Louisiana Supreme Court, a court may adopt administrative rules governing5
internal operating procedures not in conflict with provisions of this Code, or of other6
laws for the conduct of proceedings before it. When a court has more than one7
judge, its rules shall be adopted or amended by a majority of the judges thereof8
sitting en banc.9
B. The rules shall be entered on the minutes of the court, made available to10
the public by filing a copy with the Judicial Council of the Louisiana Supreme Court11
and by filing a copy with the clerk of court, and a copy shall be furnished on request12
to any attorney licensed to practice law in this state.13
* * *14
Art. 552. Definitions15
As used in this Chapter:16
* * *17
(2) "Program" means the Child Advocacy Program established in accordance18
with Children's Code Article 558 a program approved by the Louisiana Supreme19
Court to provide qualified legal representation of children in child abuse and neglect20
cases.21
Art. 553. Access to child; records; communication22
A. Any attorney representing a child in a child abuse and neglect case as23
defined herein shall have reasonable access to and the opportunity to consult with the24
child whenever and wherever necessary in the performance of his duties and shall25
have ready access to view and copy all medical, mental health, developmental26
disability, and education records pertaining to his client whether such records are in27
hard copy or electronic form.28 ENROLLEDHB NO. 1061
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B. The person with whom or facility with whom in which the child is placed1
shall provide adequate reasonable access and privacy for the purpose of attorney-2
client consultation.3
* * *4
PART II. LOUISIANA CHILD ADVOCACY PROGRAM5
REPRESENTATION SYSTEM6
* * *7
Art. 558. Louisiana Child Advocacy Program Representation System; establishment8
A Child Advocacy Program The statewide Louisiana Child Representation9
System is hereby established within the Mental Health Advocacy Service authorized10
pursuant to R.S. 28:64 under the oversight of the Louisiana Supreme Court.11
* * *12
Art. 560. Duties of the program Provision of services; qualifications of counsel13
A. The program shall provide qualified legal counsel to children in child14
abuse and neglect cases, subject to availability as determined by the director A15
program designated by the Louisiana Supreme Court shall provide child16
representation services to each court exercising jurisdiction over abuse and neglect17
cases in accordance with a plan for service delivery developed by the program and18
approved by the supreme court.19
* * *20
Art. 571. Legislative findings21
* * *22
B. The legislature finds that there is a need for a more uniform system of23
representation of indigent parents statewide that provides for appropriate oversight,24
minimization of potential conflicts, and adequate local and state funding. To this25
end, the legislature finds that local public defender offices representing children in26
child abuse and neglect cases should transition within a defined period of time to27
representing indigent parents consistent with a statewide implementation plan to be28
developed by the Louisiana Indigent Defense Assistance Board, or any successor to29
that board in conjunction with the Task Force on Legal Representation in Child30 ENROLLEDHB NO. 1061
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Protection Cases created by House Concurrent Resolution No. 44 of the 20031
Regular Session of the Legislature best serve the interests of children and families2
by representing indigent parents in child abuse and neglect cases consistent with the3
provisions of R S. 15:185.1 et seq., and with the Trial Court Performance Standards4
for Attorneys Representing Parents in Child in Need of Care and Termination of5
Parental Right Cases provided in Chapter 11 of Part XV of Title 22 of the Louisiana6
Administrative Code.7
* * *8
Art. 574. Indigent Parents' Representation Program; establishment9
An Indigent Parents' Representation Program is hereby established to be10
developed within the Louisiana Indigent Defense Assistance Public Defender Board,11
or its successor in accordance with the provisions of R.S. 15:185.1 through 185.9.12
Art. 575. Duties of the program; qualifications of counsel13
* * *14
B. Legal representation of indigent parents in child abuse and neglect cases15
shall comply with standards promulgated by the Indigent Defense Assistance16
Louisiana Public Defender Board, or any successor to that board in accordance with17
R.S. 15:185.1 through 185.9 to ensure competent and fair representation.18
CHAPTER 7. CHILD PROTECTION REPRESENTATION COMMISSION19
Art. 581. Child Protection Representation Commission; establishment; purpose and20
functions21
A. The Child Protection Representation Commission, referred to hereinafter22
as the "commission", is hereby established for the purpose of reviewing the system23
of representation of children and indigent parents in child protection cases as24
provided in Chapters 5 and 6 of this Title. The commission shall be composed of the25
following members:26
(1) The secretary of the Department of Children and Family Services or his27
designee.28
(2) The chief justice of the Louisiana Supreme Court or his designee.29 ENROLLEDHB NO. 1061
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(3) The chairman of the House Committee on Civil Law and Procedure or1
his designee.2
(4) The chairman of the Senate Committee on Judiciary A or his designee.3
(5) The president or designee of the Louisiana Bar Association.4
(6) The executive director or designee of the Louisiana District Attorneys5
Association.6
(7) The state public defender or designee of the Louisiana Public Defender7
Board.8
(8) The president or designee of the Louisiana Council of Juvenile and9
Family Court Judges.10
B. The members of the commission shall serve without compensation,11
except for the members of the legislature who shall receive a per diem in accordance12
with R.S. 42:3.1.13
C. The commission shall request and have the authority to obtain all14
information necessary to review the system of representation and shall meet15
periodically but in no event less than once annually. The commission shall ascertain16
the continued effectiveness and efficiency of the system and the adequacy of funding17
and may, at its discretion, issue such reports and recommendations as it deems18
necessary to ensure the programmatic efficacy and fiscal viability of the system.19
* * *20
Art. 607. Child's right to appointed counsel; payment21
A. In every proceeding under this Title, the The court shall appoint the22
program designated for the jurisdiction by the Louisiana Supreme Court to provide23
qualified, independent counsel for the child, including a referral to the district public24
defender at the time the order setting the first court hearing is signed. If attorneys25
are available through the Child Advocacy Program, the court shall contact the office26
of the program and request the assignment of an attorney who shall be appointed.27
Neither the child nor anyone purporting to act on his behalf may be permitted to28
waive this right.29 ENROLLEDHB NO. 1061
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B. The child shall be a party to the proceedings, and the attorney for the child1
shall have the authority to represent the child at all stages of the proceedings. The2
attorney for the child shall have the authority to take actions, including but not3
limited to the following:4
(1) Accompany the child and be present for all court appearances, school5
hearings, and educational and other meetings related to the child.6
(2) View and copy the child's medical, dental, psychological, psychiatric,7
educational, or counseling records.8
C. If the court finds that the parents of the child are financially able, it may9
order the parents to pay some or all of the costs of the child's representation in10
accordance with Children's Code Articles 320 and 321.11
C. D. In any dispositional or postdispositional hearing which may result in12
the mental health institutionalization of a child who is in the custody of the state, the13
child shall be entitled to representation by an attorney appointed by the Mental14
Health Advocacy Service, unless unavailable as determined by the director, or15
representation by retained private counsel who shall represent only the interest of the16
child.17
Art. 608. Parents' right to counsel; payment18
A. The parents of a child who is the subject of a child in need of care19
proceeding shall be entitled to qualified, independent counsel at the continued20
custody hearing and at all stages of the proceedings thereafter., which This right21
may be waived by the parents. a parent if the court determines that the parent22
choosing to waive his right to representation has been instructed by the court about23
his rights and the possible consequences of waiver. Before accepting a waiver of24
counsel, the court shall ensure each of the following:25
(1) The parent has been informed by the court that the Department of26
Children and Family Services cannot provide legal advice to the parent or represent27
the parent's interest.28
(2) The parent has been informed by the court that the child's attorney cannot29
provide legal advice to the parent and does not represent the parent's interest.30 ENROLLEDHB NO. 1061
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(3) The parent has been informed by the court that a proceeding brought1
under this Title may ultimately result in a termination of parental rights and a2
complete and permanent separation of the parent from the child.3
(4) The parent has been informed by the court that if he is unable to afford4
an attorney, one will be provided by the Indigent Parents' Representation Program.5
(5) That the parent is eighteen years of age or older.6
B. If the parents a parent of a child are is financially unable to afford7
counsel, the court shall appoint counsel, or refer the parents parent for representation8
by the district public defender, or any program created by law to provide9
representation to indigent parents in child abuse and neglect cases and to be Indigent10
Parents' Representation Program administered by the Louisiana Public Defender11
Board.12
C. If a parent of the child is entitled to representation by the Indigent Parents'13
Representation Program, the unavailability of counsel to represent the parent shall14
be good cause for a continuance of the continued custody hearing for up to three15
days and the hearing shall not proceed until a qualified, independent attorney is16
provided to the parent.17
* * *18
Art. 624. Continued custody hearing19
A. If a child is not released to the care of his parents, a hearing shall be held20
by the court within three days after the child's removal or entry into custody. An21
order setting the hearing shall provide for appointment of counsel for the child and22
notice to the program approved to represent children.23
* * *24
Art. 625. Advice of rights and responsibilities of parents, counsel, and department;25
absent parents26
A. At the continued custody hearing, the court shall advise the parents and27
may advise the child, insofar as practicable, of:28
* * *29 ENROLLEDHB NO. 1061
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(4) The right to be represented by counsel and the right to have counsel1
appointed as provided in Chapter 4 of this Title of indigent parents to representation2
by the Indigent Parents' Representation Program in accordance with Children's Code3
Article 608.4
* * *5
Art. 627. Continued custody order; special provisions; appointments6
* * *7
E. The court shall order the appointment of counsel for the child and the8
appointment of a curator for any parent who is an absentee. The court may order the9
appointment of counsel for the parents or the appointment of a court-appointed10
special advocate.11
* * *12
Art. 631. Authority to file petition; custody13
* * *14
B. During the pendency of a child in need of care proceeding At any time15
prior to adjudication, any person, including a relative of the child, may petition the16
court for the provisional or permanent legal custody of the child.17
* * *18
Art. 635.1. Notice to counsel19
Upon the filing of the petition, the court shall provide notice and a copy of20
the petition to the program designated for the jurisdiction to provide counsel for the21
child in accordance with Children's Code Article 607, and to the program22
representing indigent parents in accordance with Children's Code Article 608.23
* * *24
Art. 720. Motion for guardianship25
A. After a child has been adjudicated to be in need of care, a motion for26
guardianship may be filed by the department, parent, or counsel for the child; or the27
department may submit a case plan along with the case review report to the court and28
all counsel of record recommending guardianship in accordance with Children's29
Code Articles 674, 688, and 689.30 ENROLLEDHB NO. 1061
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B. The motion, case review report, or case plan shall include all of the1
following:2
* * *3
(6) A plain and concise statement of the facts on which the motion, case4
review report, or case plan for guardianship is sought and why neither adoption nor5
reunification with a parent is in the best interest of the child.6
C. If any of the information required by Paragraph B of this Article is7
unknown, the motion, case review report, or case plan shall state that fact. In8
addition, if the location of either parent is unknown, the motion, case review report,9
or case plan shall disclose efforts to locate him.10
D. Unless not yet completed, the home study, as required by Children's Code11
Article 721, shall be attached to the motion, case review report, or case plan. If not12
attached, it the home study shall be submitted to the court as soon as it is completed.13
* * *14
Art. 723. Order of guardianship15
* * *16
D. The guardianship order continues until the child obtains attains eighteen17
years of age, unless earlier modified or terminated by the court in accordance with18
Article 724.19
Art. 724. Motion for modification of guardianship; termination of guardianship20
A. The court shall retain jurisdiction to enforce, modify, or terminate a21
guardianship order until the child obtains attains eighteen years of age. The program22
representing the child in the child of need of care proceedings pursuant to Children's23
Code Article 607 and the program representing the indigent parents in the child in24
need of care proceedings pursuant to Children's Code Article 608 shall provide25
representation in guardianship proceedings.26
B. The department, counsel for the child, the guardian, a parent permitted to27
intervene under Children's Code Article 707, or the court on its own motion may28
seek to enforce, modify or terminate a guardianship order. A copy of the motion to29
modify shall be personally served on the parents, and the court shall promptly notify30 ENROLLEDHB NO. 1061
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the programs representing the child and indigent parents, respectively, in child in1
need of care proceedings.2
* * *3
Art. 1016. Right to counsel4
* * *5
B. The court shall appoint a the program designated for the jurisdiction by6
the Louisiana Supreme Court to provide qualified, independent attorney to represent7
counsel for the child in such a proceeding. If attorneys are available through the8
Child Advocacy Program, the court shall contact the office of the program and9
request the assignment of an attorney who shall be appointed.10
C. If the court determines that the parent is indigent and unable to employ11
counsel solely for that reason, an attorney shall be appointed to represent the parent12
in accordance with Article 320 the court shall refer the parent for representation by13
the Indigent Parents' Representation Program.14
* * *15
Art. 1269.4. Filing with court; time limitations16
A. Within ten days after the petition is filed, the department, attorney for the17
child, attorney for the parent, or attorney for the prospective adoptive parents shall18
file in the court in which the adoption is pending an agreement for continuing19
contact.20
* * *21
Art. 1405.1. Child Advocacy Program; establishment within Mental Health22
Advocacy Service; duties23
A. The Child Advocacy Program, referred to hereafter in this Article as the24
"program", is hereby established within the Mental Health Advocacy Service25
authorized pursuant to R.S. 28:64.26
B. The program shall provide qualified legal counsel to children in child27
abuse and neglect cases, subject to availability as determined by the director of the28
program, in those jurisdictions designated by the Louisiana Supreme Court and29
pursuant to Children's Code Article 560.30 ENROLLEDHB NO. 1061
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C. The program shall be governed by the board of trustees established1
pursuant to R.S. 28:64(A)(3).2
D. The duties of the board of trustees shall include those enumerated in R.S.3
28:64(B) and all of the following specific duties:4
(1) To establish general policy guidelines for the operation of the program5
to provide legal counsel and representation for children in child abuse and neglect6
cases of this state in order to ensure that their legal rights are protected; however, the7
board shall not have supervisory power over the conduct of particular cases.8
(2) To review and evaluate the operations of the program and emphasize9
special training for attorneys hired by the service.10
(3) To review and approve an annual budget for the program.11
(4) To review and approve an annual report on the operation of the program12
and submit such report to the legislature, the governor, and the chief justice of the13
Louisiana Supreme Court.14
E. The duties of the director of the program shall include those enumerated15
in R.S. 28:64(C) and all of the following specific duties:16
(1) To organize and administer a program to provide legal counsel and17
representation for children in child abuse and neglect cases subject to the approval18
of the board of trustees and in accordance with a plan for service delivery approved19
by the Louisiana Supreme Court.20
(2) To identify the needs of children in child abuse and neglect cases for21
legal counsel and representation within the state and the resources necessary to meet22
those needs, subject to the approval of the board of trustees.23
(3) To institute or cause to be instituted such legal proceedings as may be24
necessary to enforce and give effect to any of the duties or powers of the program.25
(4) To hire and train attorneys and other professional and nonprofessional26
staff that may be necessary to carry out the functions of the program. All attorneys27
representing children through this program shall be licensed to practice law in28
Louisiana and be qualified in accordance with Louisiana Supreme Court Part J,29
Special Rules for Cases Involving the Protection of Children.30 ENROLLEDHB NO. 1061
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(5) To establish official rules and regulations for the conduct of work of the1
program, subject to the approval of the board of trustees.2
(6) To take such actions as he deems necessary and appropriate to secure3
private and state, federal, or other public funds to help support the program, subject4
to the approval of the board of trustees.5
(7) To have the ability to contract with organizations or individuals for the6
provision of legal services for children in child abuse and neglect cases, subject to7
the approval of the board of trustees and in accordance with a plan for service8
delivery approved by the Louisiana Supreme Court.9
Section 2. Children's Code Articles 559 and 571(C) are hereby repealed in their10
entirety.11
Section 3. The Louisiana State Law Institute is hereby authorized and requested to12
prepare comments and explanatory notes following any provision of Section 1 of this Act.13
These comments shall not be enactments of the legislature, shall not be law, and may be14
included only as explanatory language when printed in the official edition of the Louisiana15
Children's Code.16
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: