Right to counsel
La. Child. Code Ann. art. 608(A) states, “The parents of a child who is the subject of a child in need of care proceeding shall be entitled to qualified, independent counsel at the continued custody hearing and at all stages of the proceedings thereafter.” Additionally, when the Department of Children and Family Services recommends that a petition for voluntary transfer is filed, the court must appoint counsel for the parent upon request, La. Ch.C. Art. 1518(B), and the court must appoint counsel even without a request and regardless of who files the petition if it is the parent or custodian of an Indian child. La. Ch.C. Art. 1518(C).
The parents must be informed about their right to counsel by the court at the continued custody or safety plan hearing, La. Ch.C. Art. 625(A)(1)(d), as well as through the initial notice that is served on the parent along with the petition and summons. La. Ch.C. Art. 639.
