Know your Rights

Delinquency cases are those when a child under the age of 18 is charged with a crime or status offense by the District Attorney’s Office. Sometimes the case begins with the arrest of the child, but not always. Status Offenses are not crimes but are the violation of a law that the child is expected to follow. Some status offenses include the child being a runaway, being truant from school, or being ungovernable as to the parent’s lawful and reasonable demands.

In delinquency cases, the child is guaranteed all rights that a criminal defendant is by the United States and Louisiana State Constitution, except the right to trial by jury. Unlike adult cases, the juvenile delinquency process is also guaranteed confidentiality, except in certain cases of crimes of violence.

At every stage of the juvenile delinquency proceeding, the accused child is entitled to an attorney paid for by the state through the Public Defender’s Office. The child is automatically deemed unable to pay for an attorney no matter the parent’s or guardian’s income. Therefore, our office appoints a Juvenile Public Defender in every delinquency case. A parent has the right to secure private counsel for the child, but by law the Public Defender will represent that child until the private counsel has enrolled as counsel of record.

Child in Need of Care Cases are those when the State of Louisiana alleges child abuse or neglect of a child by the parents or caretakers. The Department of Children and Family Services, also called DCFS, is the agency responsible for investigating and making findings but they are represented by the District Attorney’s office. DCFS was previously named Office of Children’s Services or OCS.

Most of these cases begin by DCFS removing a child or children from the custody of the parents and placing the child(ren) in foster care or with a relative. When children have been removed, an emergency hearing will be set within 72 business hours of the removal. Each parent is entitled to a court appointed attorney through the Public Defender’s office at this emergency hearing.

After that hearing, the Public Defender’s office will assess the finances of each parent to determine if that parent qualifies financially for a Public Defender to continue to represent them in this matter.

Parents have a right to be represented in every aspect of a Child in Need of Care case, but if their income is higher than that allowing for a state provided attorney then they will need to hire their own attorney. Additionally, a parent is always entitled to hire an attorney of their choice even if they qualify for a Public Defender.

For More information please download this guide.

Guide to Court Process for Parents and Guardians involved in Child in Need of Care Cases