Terms Used In Louisiana Revised Statutes 15:185.9

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Board: means the Louisiana Public Defender Board, or any successor to that board, which is authorized to regulate the providing of legal services to indigent persons in criminal proceedings in which the right to counsel attaches under the United States and Louisiana constitutions. See Louisiana Revised Statutes 15:185.2
  • program: means the Indigent Parents' Representation Program required by the Louisiana Children's Code and administered in accordance with the provisions of La. See Louisiana Revised Statutes 15:185.2
  • Task Force on Legal Representation in Child Protection Cases: means the task force created by House Concurrent Resolution No. See Louisiana Revised Statutes 15:185.2

            A. In the development of the Indigent Parents’ Representation Program, the board shall consider all of the following:

            (1) Forms of delivery of representation that maximize the efficient and effective provision of counsel to indigent or absent parents.

            (2) The local variances which occur from judicial district to judicial district throughout the state.

            (3) The variations in representation practices and procedures in rural, urban, and suburban jurisdictions.

            B.(1) Subject to appropriation, or the availability of other monies made available to the program, the board shall develop a program which considers the interest of establishing a flexible delivery system that is responsive to and respectful of jurisdictional variances and local community needs and interests and incrementally implementing that program throughout the state with a full implementation goal of July 1, 2012.

            (2) The board shall determine the best method of incremental implementation of the Indigent Parents’ Representation Program that is the most efficient, feasible, practicable, and appropriate to provide for the delivery of indigent or absent parent representation as required by the provisions of this Part and rules adopted by the board.

            (3) The board shall work in conjunction with the Task Force on Legal Representation in Child Protection Cases in developing the implementation of the parents’ representation program.

            C. In recognition of the provisions of this Section, the board shall:

            (1) Adopt all rules required by the provisions of this Part by August 15, 2008.

            (2) Require all district public defenders to provide reporting of cases as required by La. Rev. Stat. 15:185.6 no later than January 1, 2009.

            (3) The board shall develop a plan of implementation in conjunction with the Task Force on Legal Representation in Child Protection Cases and appear before the House and Senate committees on health and welfare and provide a report of the status of the implementation of the Indigent Parents’ Representation Program prior to the convening of the 2010 Regular Session of the Legislature.

            Acts 2007, No. 95, §2; Acts 2016, No. 407, §2, eff. June 5, 2016.