On July 7, 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.
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