Louisiana Statute Provides Appointed Counsel for Parents Facing Termination of Parental Rights in Intra-Family Adoption Proceedings

In July 2008, Louisiana Governor Bobby Jindal signed into law Act 778, which provides for the appointment of counsel for a parent facing termination of parental rights in an intra-family adoption (an adoption action brought by a stepparent or family member), if that parent cannot afford an attorney.

Additionally, the act stipulates that a separate attorney will be provided for the children, that a special notice will be sent to a parent facing termination of parental rights in such a case, and that the burden of proof for the factors creating conditions for termination must be by "clear and convincing" evidence. All of these provisions had previously been in effect in Louisiana for state-initiated terminations, but not for private terminations brought about in the context of an intra-family adoption.

The statute in its final form passed both houses of the legislature without opposition. Read the full version of the act here.

New York City Bill Would Provide Counsel for Seniors Facing Eviction

In New York City a bill is pending before the City Council that would guarantee counsel for low-income seniors threatened with loss of their homes due to eviction or foreclosure proceedings. To be eligible, the senior must be 62 years old or older and have a disposable household income of no more than $27,000. More than 20 city council members, a veto-proof majority, joined as sponsors. For more information, see the task force’s website. For video of an energetic press conference and rally held when the ordinance was introduced, click here. For press coverage of the ordinance, see this site.

California Model Statute Task Force

The California Model Statute Task Force was established by the California Access to Justice Commission in 2004. The Task Force was charged with considering the questions that would arise in legislatively granting a right to counsel in civil cases. The Task Force has now drafted two versions of such a model statute. The State Equal Justice Act, distributed in November 2006, is a model statute implementing an across the board right to counsel in civil cases with only narrow exceptions. 

The State Basic Access Act, distributed in March 2008, is a model for a narrower right to counsel which attaches only to certain high priority basic needs, defined in the Act as shelter, sustenance, safety, health, and child custody.

In each case, the Task Force's mission was to think through the numerous questions involved in implementing a right to counsel, including scope of the right, eligibility criteria and issues, service delivery system, and administration of the new right. 

This draft represents the group's resolution of these and other issues and is intended as a starting point for use in any state considering implementation or expansion of a statutory right to counsel. The composition and work of the Task Force is described in some detail in The California Model Statute Task Force, Clare Pastore, Clearinghouse Review, July-August 2006. For more information contact Clare Pastore.