Louisiana Children’s Code 740 – Advice of rights
Terms Used In Louisiana Children's Code 740
- Child: means a person under eighteen years of age who, prior to proceedings under this Title, has not been judicially emancipated or emancipated by marriage. See Louisiana Children's Code 728
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
A. At the continued custody hearing, the court shall advise the parents and the child, in terms understandable by the child, of:
(1) The nature of the proceedings.
(2) The nature of the allegations.
(3) The informal family services plan procedure.
(4) The right to an adjudication hearing.
(5) The right to retain and be represented by an attorney.
(6) The nature of Families in Need of Services proceedings as set forth in Article 792 and the confidentiality of Families in Need of Services records as set forth in Article 793.
B. If a petition seeking a formal adjudication is filed, the court shall appoint independent legal counsel for the child, or refer the child for representation by the district public defender. Neither the child nor anyone purporting to act on his behalf may be permitted to waive this right. If the court finds that the parents of the child are financially able, it may order the parents to pay some or all of the costs of the child’s representation.
C. If a petition seeking a formal adjudication is filed, the court shall also advise the child of his privilege against self-incrimination.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1; Acts 1999, No. 1317, §3; Acts 2007, No. 307, §9; Acts 2017, No. 362, §1.