Louisiana Children’s Code 1016 – Right to counsel
Terms Used In Louisiana Children's Code 1016
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
A.(1) The child and the identified parent shall each have the right to be represented by separate counsel in a termination proceeding brought in accordance with this Title. Neither the child nor anyone purporting to act on behalf of the child may be permitted to waive the child’s right to counsel.
(2) For actions brought under Article 1015.1, the court shall have discretion to decide under the circumstances for each case whether to appoint counsel for the child. In no event shall the petitioner of such action or the minor child be required to interact with the respondent as a condition to pursue termination under this Article. Any counsel acting on behalf of the child shall not require a petitioner to make the child available for any visitation or conversation with the respondent or the respondent’s family and shall not require any nonoffending petitioner to take classes or provide updates on the child. A petitioner shall have the right to seek an expedited suspensive appeal for any violation of this Article.
B. The court shall appoint the entity designated for the jurisdiction by the Louisiana Supreme Court to provide qualified, independent counsel for the child in such a proceeding.
C. If the court determines that the parent is indigent and unable to employ counsel solely for that reason, the court shall refer the parent for representation by the Indigent Parents’ Representation Program.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2004, No. 301, §1, eff. June 18, 2004; Acts 2004, No. 321, §1; Acts 2006, No. 271, §1; Acts 2014, No. 354, §1; Acts 2017, No. 239, §1; Acts 2022, No. 272, §1; Acts 2023, No. 271, §1, eff. June 9, 2023.