Right to counsel

Generally

Adults subject to involuntary treatment matters have the right to appointed counsel, as do children who are either indigent or whose chosen attorney is unavailable or unwilling to provide representation.

As to adults

Civil involuntary outpatient treatment can be sought due to mental health conditions, see La. Stat. Ann. § 28:66 (listing statutory criteria), but it cannot be used to compel treatment due to substance dependency alone. See also La. Stat. Ann. § 28:2(24) (excluding from the definition of “person who has a mental illness” someone “who suffers solely from epilepsy or a substance-related or addictive disorder”).

The section governing the procedure for assistive outpatient matters indicates that respondents have the right to an attorney. La. Stat. Ann. § 28:69(A)(1). There is no mention of an indigency requirement. Id. (“The notice shall inform the respondent that he has a right to be present, a right to retain counsel, has the right to counsel appointed to represent him by the Mental Health Advocacy Service…”).

As to children

It appears that the same provisions used to involuntarily institutionalize a minor can be used to compel treatment on an outpatient basis. The “Declaration of policy” requires that involuntary treatment is provided in a setting that is “the least restrictive of the minor’s liberty,” LA Ch.C. Art. 1402(2), and “[t]hat minors be protected from unnecessary institutionalization…” Id. at (8); see also La. Child. Code Ann. Art. 1447 (if the court makes requisite findings, “it shall render a judgment for his commitment to a designated treatment facility which is medically suitable and least restrictive of his liberty.”); La. Child. Code Ann. art. 1404 (“Treatment includes but is not limited to hospitalization, partial hospitalization, outpatient services, examination, diagnosis, training, the use of pharmaceutical, and other services provided for patients by a treatment facility.”) (emphasis added).

The Louisiana Children’s Code contains a title covering mental health proceedings, which provides minor respondents with the right to counsel “[i]n the event he does not select counsel and is unable to pay for counsel or in the event counsel selected by him refuses to represent said minor or is not available for such representation….” La. Child. Code Ann. art. 1442(A). If counsel is appointed, representation is provided by the Mental Health Advocacy Service. Id. The code also requires that children subject to such proceedings are notified of their right to counsel. See La. Child. Code Ann. art. 1436.

Commitment of children under this section can be sought for mental health or substance dependency reasons. See LA Ch.C. Art. 1434 (“Any adult may file with the court a petition which asserts his belief that a minor is suffering from mental illness … or is suffering from substance abuse which contributes or causes the minor to be a danger to himself or others or to be gravely disabled…”).