Finding Text
Condition:
During the performance of the audit, we selected a sample of 71 case files to assess Southeast Louisiana Legal Services Corporation’s compliance with the applicable requirements of 45 C.F.R. Parts 1600-1644 and the other applicable statutory mandates identified in Legal Services Corporation’s Compliance Supplement for Audits of LSC Recipients. 1 of the 71 case files could not be physically located and could not be provided at the time of testing during the audit. As a result, it could not be determined if the case file selected for testing contained a signed retainer agreement or a signed citizenship attestation form.
Criteria:
For each case reported to LSC, grantees shall capture and maintain case and client information necessary for effective case management. LSC grantees must execute a retainer agreement with each client when extended service representation commences or as soon thereafter as is practicable. Cases reported to LSC must comply with the citizenship or alien eligibility requirements of 45 CFR Part 1626.30 The program must document compliance with either § 1626.4 (that the applicant qualifies under specific anti-abuse laws regardless of citizenship or alienage) or § 1626.5 (either the applicant is a U.S. citizen or has a qualifying immigration status). This citizenship attestation may be on a separate document or may be contained within another document (such as an intake sheet or retainer agreement), provided there is a separate signature line tied only to the citizenship attestation.
Cause:
The electronic case file information was documented within Southeast Louisiana Legal Services Corporation case file management system, but the physical file including the case’s signed retainer agreement and signed citizenship attestation form could not be located at the time of testing.
Effect:
Southeast Louisiana Legal Services Corporation is not in compliance with the terms and conditions of the LSC Basic Field Award requirement for obtaining a signed retainer agreement and signed citizenship attestation form. Non-compliance with the LSC Basic Field Award could result in reduced awards in subsequent years.
Recommendation:
We recommend that Southeast Louisiana Legal Services Corporation obtain a signed retainer agreement and signed citizenship attestation form in accordance with the compliance requirements of the Legal Services Corporation.