Section 625.1 - Advice of rights for childrenA. At the first hearing at which the child appears, the judge shall advise any child ten years of age or older, in a developmentally appropriate manner and in terms understandable to the child, that the child is a party to the proceedings and has all of the following rights: (1) To be represented by an independent and qualified attorney who shall have duties of loyalty, confidentiality, advocacy, and competent representation. (2) To have notice of and attend all hearings. (3) To have regular and meaningful communication with the child's attorney in a way that is understandable to the child. (4) To have the child's attorney present the child's case, including presenting the child's wishes. (5) To testify as to the child's wishes. (6) To be free from discrimination based on race, religion, disability, national origin, and sex. (7) To be provided qualified interpretation, translation, and language assistance services. (8) To be provided reasonable accommodations for any disability. (9) If the child has been placed in foster care, to be provided an individualized case plan, which shall provide all of the following: (a) A focus on the child's health, welfare, and safety and achieving a permanent placement that the child helps to develop and that is continuously updated. (b) A placement with siblings when consistent with the child's health, welfare, and safety. (c) A visitation plan that protects significant relationships with relatives through continuing contact when consistent with the child's health, welfare, and safety. (d) If the child is fourteen years of age or older, the inclusion of a transitional plan that is designed for the child, and with the child, to assist in achieving a successful transition and that is continuously updated. The plan shall include education, health, permanent connections, living arrangements, independent living skills, and employment. (10) To have the child's attorney file a written response objecting to the case plan and to have the judge approve or disapprove all or part of the case plan. (11) If the child is fourteen years of age or older and in foster care, to the rights as provided in R.S. 46:286.16, Foster Youth's Bill of Rights (FYBOR). B. Written notice of the rights set forth in Paragraph A of this Article shall be given to the child; the parents, foster parents, or pre-adoptive parents of the child; and any relative providing care to the child. Comments - 2024
(a) This Article is new and applies only in child in need of care proceedings.(b) This Article is intended to ensure that the child is informed directly, and all other parties indirectly, of the substantive and procedural rights of the child in a child in need of care proceeding and to limit undue interference by parents, foster parents, or others who may not otherwise know that children have rights. This Article informs all parties that the child is not just the subject of the proceeding but is a party and a full participant. * * *
Added by Acts 2024, No. 92,s. 1, eff. 8/1/2024.