ARRANGEMENTS FOR ANY INCARERATED PARENT. Be made to attend hearing, either in person or remotely. Case Management CINC Petition Filed 🗎 ARTICLES 646, 649 • If CINC Petition has been filed, court may call upon parents to answer allegations; see Answer Hearing Bench Card. Further Orders 🗎 ARTICLES 102, 301, 318, 601, 627 Court may make additional orders in best interest of child pending timely filing of CINC Petition and Adjudication, such as:
ARRANGEMENTS FOR ANY INCARERATED PARENT. Be made to attend hearing, either in person or remotely. ESSENTIAL JUDICIAL FUNCTION | Assistance and Accommodations: Court responsible for providing interpretation, translation, and language assistance services and reasonable accommodations for parties at CSPH/CCH and all subsequent hearings. Interpreters must be familiar with case-related details to provide accurate, meaningful, and effective interpretation. PRACTICE TIP | Early Appointment: Children and parents have right to representation in CINC proceedings. Best practice is to make appointments as early as possible to enable work to begin immediately and provide quality representation. Article 608 references parents’ right to counsel at CCH and all stages of proceedings thereafter. However, due process also attaches with issuance of an ISPO, and arguably extends same right to counsel to parents and children in these earlier proceedings due to introduction of DCFS and courts in the family as well as the parents’ loss of authority to place the child with any individual/institution except DCFS until the safety plan is terminated. See Article 619. PRACTICE TIP | Hold CSPH: CSPH is not required if parents agree with safety plan (parents’ signature on safety plan is evidence of their agreement). However, best practice is to hold CSPH to protect child’s safety and parents’ due process rights and ensure parties and safety monitor understand terms and conditions of safety plan. If CSPH will not be held, court should include advisements from Article 625 in ISPO. PRACTICE TIP | Coordinating Services: Louisiana Department of Health (LDH), Office of Juvenile Justice (OJJ), Louisiana Department of Education (LDOE), and other agencies may be helpful. A multidisciplinary approach is especially critical for youth who may have mental health concerns, delinquency matters, and/or disabilities and may benefit from coordinated services and supports; consider having one or more represented at CPSH/CCH as needed. PRACTICE TIP | Incarcerated: To ensure attendance at CSPH/CCH of any parent who is incarcerated, writ or motion should be filed and order issued by court and served on warden or administrator of facility prior to CSPH/CCH. Service should be made in advance of hearing to afford time for the facility to arrange for transportation of parent to court (or video conferencing where parent’s physical attendance at hearing is not possible). PRACTICE TIP | Alternatives to Removal: IAA is routinely used in some parishes when ...
ARRANGEMENTS FOR ANY INCARERATED PARENT. Be made to attend hearing, either in person or remotely.
