8.7.3 Challenging the Facilitator

In addition to challenging the program itself, lawyers should carefully examine the training and qualifications of the program’s facilitator(s). Very few mental health professionals possess the training required by this statute.1  In the past, trial courts have primarily examined only the program itself, but this statutory provision also puts the burden on the defendant to prove the credentials of the specific program therapist or facilitator with whom they worked during their 26 weeks of therapy. The provider should be subpoenaed to court and subject to cross-examination. It is unclear how the parent with a history of abuse could meet his burden without testimony from the provider.2

  • 1La. R.S. 9:362(3).
  • 2See D.O.H. v. T.L.H., 01-174 (La. App. 3 Cir. 10/31/01), 799 So. 2d 714, 722–32 (Woodard, J., dissenting).

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.