La. Ch. Code art. 1016
This is the official text of La. Ch. Code art. 1016, part of Louisiana’s Children's Code — governs child custody, child protection, and juvenile justice in Louisiana.
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Right to counsel
Official statutory text
A.(1) The child and each identified parent shall have the right to be represented by separate counsel in a termination proceeding brought in accordance with this Title. The child shall be a party to the proceedings. Neither the child nor anyone purporting to act on behalf of the child shall be permitted to waive the child's right to counsel.
(2) In no event shall the petitioner of an action pursuant to Article 1015.1 or the child be required to interact with the respondent as a condition to pursue termination in accordance with 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 emergency supervisory writ 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 the proceeding. Counsel for the child shall have the authority to represent the child throughout the termination proceeding and any appellate review.
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; Acts 2024, No. 92, §1.
(2) In no event shall the petitioner of an action pursuant to Article 1015.1 or the child be required to interact with the respondent as a condition to pursue termination in accordance with 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 emergency supervisory writ 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 the proceeding. Counsel for the child shall have the authority to represent the child throughout the termination proceeding and any appellate review.
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; Acts 2024, No. 92, §1.
Status: in_force · Read it on the official government site
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