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Supreme Court
State of Louisiana
New Orleans
CHIEF JUSTICE
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JOHN TARLTON OLIVIER |
CATHERINE D. KIMBALL
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Fifth District |
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CLERK OF COURT
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| JUSTICES |
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GREG G. GUIDRY
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First District |
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400 Royal St., Suite 4200 |
JEFFREY P. VICTORY
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Second District |
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NEW ORLEANS, LA 70130-8102 |
JEANNETTE THERIOT KNOLL
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Third District |
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MARCUS R. CLARK
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Fourth District |
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TELEPHONE (504) 310-2300 |
JOHN L. WEIMER
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Sixth District |
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HOME PAGE http://www.lasc.org |
BERNETTE J. JOHNSON
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Seventh District |
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M E M O R A N D U M
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JUDGES EXERCISING JUVENILE JURISDICTION |
| FROM: |
CHIEF JUSTICE CATHERINE D. KIMBALL |
DATE:
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DECEMBER 18, 2009 |
| RE: |
NEW SYSTEM OF REPRESENTATION IN CHILD PROTECTION CASES |
Please be advised that a new statewide system for representation of children and indigent parents in all child abuse and neglect cases will be implemented starting January 1, 2010. This is responsive to an unanticipated urgency to expedite the original 5 year statewide implementation plan in order to ensure continued availability of state funds for this legally mandated representation.
State funded representation under this system will require that, in all new cases involving the abuse or neglect of children filed in your jurisdiction after December 31, indigent parents be represented by the public defenders’ office and children be represented by either the regional legal services corporation or the Mental Health Advocacy Service Child Advocacy Program. (See map attached hereto.) New appointments of counsel made otherwise will not be eligible for state payment.
This new system does not preclude courts from appointing qualified non-system attorneys for children and/or their indigent parents in child abuse and neglect cases, but both the court and the attorneys must understand the appointments to be either on a pro bono basis or payable from local or other independent resources available to compensate the attorneys.
For cases that were filed prior to January 1, attorneys appointed for indigent parents and children will continue to represent their clients. Attorneys who are paid under the current DSS system can continue submitting requests for payment to DSS through June 30, 2010.
It is imperative that judicial appointment of counsel in child abuse and neglect cases be made in accordance with this new system if the court expects state payment for representation. The local defender offices, legal services and Mental Health Advocacy programs should be contacting each court to discuss docketing and other court expectations and to provide contact and other information. Attorneys for parents or children who have been billing DSS under the existing system will be receiving official notice from DSS. Attorneys who have represented parents and/or children in your court are encouraged to meet with the local defender offices, legal services program or MHAS program to discuss continued involvement in child abuse and neglect proceedings.
The expedited time frame required for implementation of this new system will be a challenge for all stakeholders in the child protection system. Nevertheless, this is a real opportunity to improve outcomes for all of our foster children across the state during a time of economic downsizing in Louisiana. Please be assured that this new system will be rigorously monitored and held accountable to provide qualified legal representation for these children and their indigent parents.
Chief Justice Catherine D. Kimball
CDK/jt
Attachments
2010 Legal Services Map (.pdf) | Contact Information for Children's Representation (.pdf)
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