Louisiana Administrative Code

A. Except as specified in §1303 of this Chapter, all refrigerated potentially hazardous foods shall be received at a temperature of 41°F (5°C) or below.

A. Shell eggs, milk and molluscan shellstock may be received at a temperature not to exceed 45°F (7.2°C) as specified by law.

A. Foods shall be cooked to heat all parts of the food to a temperature and for a time that are at least: 1. 165°F (74°C) or above for 15 seconds for wild game, poultry, stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed ratites or stuffing containing fish, meat …

A. Food stored for hot holding and service shall be held at a temperature of 135°F (57°C) or higher with the exception of roast beef. If roast beef is cooked in accordance with §1305.A.6 of this Chapter the minimum hot holding temperature shall be 130ºF (54ºC).

A. Food stored for cold holding and service shall be held at a temperature of 41°F (5°C) or below.

A. Cooling of food shall be accomplished by using one or more of the following methods: 1. placing the food in shallow pans; 2. separating the food into smaller or thinner portions; 3. using rapid cooling equipment; 4. stirring the food in a container placed in an ice water bath;…

A. Stored frozen food should be stored at a temperature of 0°F (-17.8°C) or below and shall be maintained frozen.

A. Potentially hazardous food shall be thawed by one of the following methods: 1. under refrigeration that maintains the food temperature at 41°F (5°C) or below; 2. completely submerged under potable running water at a temperature of 70°F (21°C) or below with sufficient velocity …

A. Time only, rather than time in conjunction with temperature, may be used as a public health control for a working supply of potentially hazardous food before cooking, or for ready-to-eat potentially hazardous food before cooking, or for ready-to-eat potentially hazardous food …

A. Except as specified in Subsection B of this Section, before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinated-partially cooked fish other than molluscan shellfish shall be frozen throughout to a temperature of: 1. -4°F (-20°C) or below fo…

A. Temperature measuring devices shall be provided and used to measure: 1. food temperatures of potentially hazardous food on a device scaled in Fahrenheit (F) accurate to a plus or minus 2°F or Celsius (C) accurate to a plus or minus 1°C and should be able to measure the interna…

A. Before permanent closure or a change-in-service is completed, owners and operators shall measure for the presence of a release where contamination is most likely to be present at the UST site, in accordance with the guidelines established by the department. In selecting sample…

A. A removal action is a remedial action performed by the department, or by one or more PRPs as directed by the department, wherein hazardous substances, contaminated soils, and/or other contaminated media are taken from the site to a permitted facility for treatment, storage, or…

A. The Standards for Attorneys Representing Children in Delinquency Proceedings are intended to serve several purposes. First and foremost, the standards are intended to encourage district public defenders, assistant public defenders and appointed counsel to perform to a high sta…

A. The primary and most fundamental obligation of the attorney representing a child client in a delinquency case is to provide zealous and effective representation for his or her client at all stages of the process. The defense attorney’s duty and responsibility is to promote and…

A. The attorney shall represent the child client’s expressed preferences and follow the child client’s direction throughout the course of litigation. In addition, the attorney has a responsibility to counsel the child client and advise the client as to potential outcomes of vario…

A. Certain decisions relating to the conduct of the case are ultimately for the child client and other decisions are ultimately for the attorney. The child client, after full consultation with counsel, is ordinarily responsible for determining: 1. whether to admit or deny the cha…

A. The attorney should consult with the child client and provide representation at the earliest stage of proceedings possible and, whenever possible, the same attorney should continue representing the child client through case closure, including in the post-disposition phase of p…

A. Before agreeing to defend a child client, an attorney has an obligation to make sure that he or she has sufficient time, resources, knowledge and experience to offer quality representation to the child client. Before an attorney defends a child client, the attorney should obse…

A. The attorney should obtain copies of all pleadings and relevant notices. B. The attorney shall participate in all negotiations, discovery, pre-adjudication conferences, and hearings. C. The attorney should confer with the juvenile within 48 hours of being appointed and prior t…

A. The attorney shall be alert to all potential and actual conflicts of interest that would impair his or her ability to represent a child client. Loyalty and independent judgment are essential elements in the lawyer's relationship to a child client. Conflicts of interest can ari…

A. The attorney shall keep the child client informed of the developments in the case and the progress of preparing the defense and should promptly comply with all reasonable requests for information. B. Where the attorney is unable to communicate with the child client or his or h…

A. Juvenile defense counsel is bound by attorney-client confidentiality and privilege. The duty of confidentiality that the attorney owes the child client is coextensive with the duty of confidentiality that attorneys owe their adult clients. B. The attorney should seek from the …

A. The attorney should be familiar with the rules pertaining to the closure of proceedings. If necessary to protect the client’s interests, an attorney shall ensure that any juvenile proceeding which is meant to be closed to the public remains so and, if necessary, shall request …

A. The attorney has the obligation to ensure that the case file is properly documented to demonstrate adherence to these standards, such as, where relevant, documentation of intake and contact information, client and witness interviews, critical deadlines, motions, and any other …

A. Any attorney appointed to stand in for another at any delinquency proceeding shall: 1. represent the child zealously as if the child is his or her own client; 2. request continuances if asked to conduct contradictory hearings or contested summary hearings for which the stand-i…

A. The attorney should not have such a large number of cases that he or she is unable to comply with these guidelines and the Louisiana Rules of Professional Conduct. Before agreeing to act as the attorney or accepting appointment by a court, the attorney has an obligation to mak…

A. Attorneys should cooperate with social workers and probation personnel and should instruct the client to do so, except to the extent such cooperation is or will likely become inconsistent with protection of the client’s legitimate interests in the proceeding or of any other ri…

A. For purposes of appointment of counsel, children are presumed to be indigent. The attorney shall meet with a detained child client within 48 hours of notice of appointment or before the continued custody hearing, whichever is earlier, and shall take other prompt action necessa…

A. The attorney should conduct a client interview as soon as practicable in order to obtain the information necessary to provide quality representation at the early stages of the case and to provide the child client with information concerning the representation and the case proc…

A. The attorney shall be familiar with laws subjecting a child client to the exclusive jurisdiction of a court exercising criminal jurisdiction, including the offenses subjecting the child client to such jurisdiction. Counsel should seek to discover at the earliest opportunity wh…

A. Throughout a delinquency proceeding, either party may request or the judge may order a mental health examination of the child client. Admissions made during such examinations may not protected from disclosure. The attorney should ensure the child client understands the consequ…

A. The attorney should be familiar with procedures for a determination of mental incapacity to proceed under the Louisiana Children’s Code and other provisions of Louisiana law. B. Although the client’s expressed interests ordinarily control, the attorney should question capacity…

A. The attorney should be familiar with the procedures for determination of sanity at the time of the offense and notice requirements under the Louisiana Children’s Code and other provisions of Louisiana law when proceeding with an insanity defense. B. If the attorney believes th…

A. Where the child client’s actions that are the subject of the delinquency charge suggest a manifestation of a disability, the attorney should argue that the disability prevented the client from having the mental capacity or specific intent to commit the crime. Where appropriate…

A. The attorney should take all necessary steps to ensure a full official recording of all aspects of the court proceedings.

A. The child client’s attorney shall conduct a prompt and diligent independent case investigation. The child client’s admissions of responsibility or other statements to counsel do not obviate the need for investigation. B. The attorney should ensure that the charges and disposit…

A. The attorney should be familiar with diversionary programs and alternative solutions available in the community. Such programs may include diversion, mediation, or other alternatives that could result in a child client’s case being dismissed or handled informally. When appropr…

A. The attorney should take steps to see that the continued custody hearing is conducted in a timely fashion consistent with the prescribed time limits in the Children’s Code unless there are strategic reasons for not doing so (e.g., when the offense charged would warrant an auto…

A. The attorney should take steps to see that the answer hearing is conducted in a timely fashion consistent with the prescribed time limits in the Children’s Code unless there are strategic reasons for not doing so. B. The attorney should preserve the child client’s rights at th…

A. The attorney should be aware of and protect the child client’s right to a speedy trial under the Children’s Code and constitutional law, unless strategic considerations warrant otherwise. Requests or agreements to continue a contested hearing date should not be made without co…

A. The attorney should pursue discovery, including filing a motion for discovery and conducting appropriate interviews. The attorney has a duty to pursue, as soon as practicable, discovery procedures provided by the rules of the jurisdiction and to pursue such informal discovery …

A. During the investigation and adjudication hearing preparation, the attorney should develop and continually reassess a theory of the case, and this theory should inform all motions practice and trial strategy in order to yield the best result.

A. The attorney should file motions, responses or objections as necessary to zealously represent the client. The attorney should consider filing an appropriate motion whenever there exists a good faith reason to believe that the child client is entitled to relief that the court h…

A. Any interlocutory decision by the juvenile court is subject to the supervisory review of the Louisiana Courts of Appeal pursuant to an application for a writ of review. Writ applications from juvenile proceedings receive priority treatment and should be filed no later than 15 …

A. The attorney should explore with the child client the possibility and desirability of reaching a negotiated disposition of the charges rather than proceeding to an adjudication, and in doing so, should fully explain the rights that would be waived by a decision to enter a plea…

A. The attorney shall attend all hearings.

A. The attorney should explain to the child client, in a developmentally appropriate manner, what is expected to happen before, during and after each hearing. B. The attorney should advise the client as to suitable courtroom dress and demeanor. If the client is detained, the atto…

A. Where appropriate, the attorney should have the following materials available at the time of trial: 1. copies of all relevant documents filed in the case; 2. relevant documents prepared by investigators; 3. outline or draft of opening statement; 4. cross-examination plans for …

A. The attorney should make appropriate motions, including motions in limine and evidentiary and other objections, to advance the child client’s position at adjudication or during other hearings. The attorney should be aware of the burdens of proof, evidentiary principles and cou…