LAC 22:XV.1137 – Obligations of Counsel at Disposition Hearing

A. Counsel for a parent, regarding the disposition process, should:
1. 1. where a respondent chooses not to proceed to adjudication, ensure that a stipulation agreement is negotiated with consideration of the dispositional implications;
2. 2. ensure the client is not harmed by inaccurate information or information that is not properly before the court in determining the disposition;
3. 3. ensure all reasonably available mitigating and favorable information, which is likely to benefit the client, is presented to the court; and
4. 4. develop a plan which seeks to achieve the least restrictive and burdensome disposition that is most acceptable to the client, and which can reasonably be obtained based on the facts and circumstances of the case.

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148.

HISTORICAL NOTE: Promulgated by the Office of the Governor, Public Defender Board, LR 37:329 (January 2011).