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childrens-code•Louisiana Children's Code
This Code shall be known as the "Louisiana Children's Code" and may be officially cited: Ch.C.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
The people of Louisiana recognize the family as the most fundamental unit of human society; that preserving families is essential to a free society; that the relationship between parent and child is preeminent in establishing and maintaining the well-being of the child; that parents have the responsibility for providing the basic necessities of life as well as love and affection to their children; that parents have the paramount right to raise their children in accordance with their own values and traditions; that parents should make the decisions regarding where and with whom the child shall reside, the educational, moral, ethical, and religious training of the child, the medical, psychiatric, surgical, and preventive health care of the child, and the discipline of the child; that children owe to their parents respect, obedience, and affection; that the role of the state in the family is limited and should only be asserted when there is a serious threat to the family, the parents, or the child; and that extraordinary procedures established by law are meant to be used only when required by necessity, and then with due respect for the rights of the parents, the children, and the institution of the family, and only to the extent that such procedures are not prohibited by the Louisiana Constitution of 1974, as amended.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992; Acts 2015, No. 124, §1, eff. June 19, 2015.
The provisions of this Code shall be liberally construed to the end that each child and parent coming within the jurisdiction of the court shall be accorded due process and that each child shall receive, preferably in his own home, the care, guidance, and control that will be conducive to his welfare. In those instances when the child is removed from the control of his parents, the court shall secure for him care as nearly as possible equivalent to that which the parents should have given him. These Code provisions shall be construed to promote the stability of the family; to secure simplicity in procedure, fairness in adjudication and administration, and the elimination of unjustifiable delay; and to promote public safety.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992; Acts 2024, No. 93, §1.
Except as otherwise specified in any Title of this Code, the provisions of the Children's Code shall be applicable in all juvenile court proceedings, and only to such proceedings.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
A. The provisions of the federal Indian Child Welfare Act and the regulations promulgated thereunder supersede the Children's Code whenever the outcome of an involuntary or voluntary proceeding may result in the removal of an Indian child from a parent under circumstances in which the parent cannot have the child returned upon demand.
B. Child custody proceedings to which the federal Indian Child Welfare Act and the regulations promulgated thereunder apply include the following:
(1) A child in need of care proceeding.
(2) A certification for adoption proceeding.
(3) A family in need of services proceeding.
(4) A transfer of custody, a surrender for adoption, and any other voluntary proceeding.
Acts 2018, No. 296, §1.
Where procedures are not provided in this Code, or otherwise by law, the court shall proceed in accordance with:
(1) The Code of Criminal Procedure in a delinquency proceeding and in a criminal trial of an adult.
(2) The Code of Civil Procedure in all other matters.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
Except as otherwise specially provided by this Code, the rules of evidence applicable to juvenile adjudication hearings in nondelinquency proceedings are those provisions of the Louisiana Code of Evidence applicable to civil cases. The rules of evidence applicable to delinquency proceedings and criminal trials of adults are those provisions of the Louisiana Code of Evidence applicable to criminal cases.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
Unless the context clearly indicates otherwise:
(1) Words used in the singular number apply also to the the plural; words used in the plural number include the singular.
(2) Words used in one gender apply also to the other.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
The word "shall" is mandatory, and the word "may" is permissive.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
Unless the context clearly indicates otherwise:
(1) The word "and" indicates the conjunctive.
(2) The word "or" indicates the disjunctive.
(3) When the Article is phrased in the disjunctive, followed by the words "or both", both the conjunctive and disjunctive are intended.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
Unless the context clearly indicates the contrary, official titles, such as clerk of court, district attorney, and sheriff, include assistants and deputies.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
Unless the context clearly indicates the contrary:
(1) A reference in this Code to a Title, Chapter, or Article without further designation, means a Title, Chapter, or Article of this Code.
(2) A reference in this Code to an Article of a Code or to a statutory section applies to subsequent amendments thereof.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
The headings of the Articles of this Code and any comments thereto are for convenient reference and do not constitute parts of the law.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
Clerical and typographical errors in this Code shall be disregarded when the legislative intent is clear from the context in which the provision or word is found.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
In the course of any proceeding under this Code, when pleading a statute of Louisiana or an ordinance of a political subdivision thereof, a statute of another state of the United States, or a federal statute, or a right derived therefrom, it is sufficient to refer to the statute or ordinance by an official method of citation, by its title, or in any other manner which identifies the statute or ordinance. A copy of any ordinance pleaded shall be furnished to the court and filed with the record of the proceeding.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
A. In computing a period of time allowed or prescribed by law or by order of court, the date of the act, event, or default after which the period begins to run is not to be included. The last day of the period is to be included, unless it is a legal holiday, in which event the period runs until the end of the next day which is not a legal holiday.
B. A half-holiday is considered as a legal holiday.
C. A legal holiday is to be included in the computation of a period of time allowed or prescribed, except in any one of the following instances:
(1) It is expressly excluded.
(2) It would otherwise be the last day of the period, except that, for purposes of calculating a release date from an order of commitment, a legal holiday shall be included if it is the last day of the period.
(3) The period is less than seven days.
D. All Saturdays and Sundays are also considered as legal holidays.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
A. Witnesses shall swear or affirm to speak the truth and nothing but the truth.
B. A child witness need not be placed under oath or be required to make an affirmation if the court can otherwise assure that the child understands his obligation to speak the truth.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
Except where the context clearly indicates otherwise, these definitions apply for the following terms used throughout this Code:
(1) "Act" includes a failure or omission to perform a legal duty.
(2) "Capital offense" means an offense that may be punished by death.
(2.1) "CASA program" means a court-appointed special advocate program established in compliance with Louisiana CASA Association standards.
(2.2) "CASA volunteer" means a court-appointed special advocate who has been trained in accordance with Louisiana CASA Association standards and is under the supervision of a CASA program.
(3) "Child" means a person who has not attained the age of eighteen years, except as it is specially defined by a Title of this Code.
(4) "Court" means any city, parish, district, or juvenile, or its judge, when exercising juvenile jurisdiction as provided for in this Code. It does not include a judge of a mayor's court or a justice of the peace.
(4.1) "Diligent effort to locate" means efforts made by a curator that, under the circumstances known to the curator, are reasonably calculated to locate an absentee. Such efforts may include a review of court records, department records, law enforcement records, vital records, military records, directory assistance, internet search sites, and licensing agencies. Publication shall not be required except as specifically provided in this Code.
(5) "Felony" means an offense that may be punished by death or by imprisonment at hard labor.
(5.1) "Guardianship" means the judicial placement of a child under the duty and authority of a guardian to make decisions in matters having a permanent effect on the life and development of the child as set forth in Article 719.
(6) "Home study" means an evaluation of a home environment conducted in accordance with applicable requirements of the state in which the home is located to determine whether a proposed placement of a child would meet the individual needs of the child, including the child's safety, permanency, health, well-being, and mental, emotional, and physical development.
(6.1) "Indian child" means any unmarried child under eighteen years of age who is a member of an Indian tribe or who is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.
(6.2) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior in accordance with their status as Indians.
(7) "Indictment" means a written accusation of crime made by a grand jury.
(8) "Information" means a written accusation of crime made and signed by the district attorney or the city prosecutor. It must be filed in open court in a court having jurisdiction to try the offense, or in the office of the clerk thereof.
(8.1) "Interstate home study" means a home study conducted by a state at the request of another state to facilitate an adoptive or foster placement in the state of a child in foster care under the responsibility of the state.
(9) "Judge" means the judge of a court exercising juvenile jurisdiction.
(9.1) "Juvenile crime victim" means a person, under the age of seventeen, against whom a felony offense against the person has been committed.
(10) "Juvenile detention center" means the same as a secure detention facility.
(11) "Juvenile proceeding" or "juvenile case" means a proceeding or case in which the court is exercising juvenile jurisdiction.
(12) "Legal custody" means the right to have physical custody of the child and to determine where and with whom the child shall reside; to exercise the rights and duty to protect, train, and discipline the child; the authority to consent to major medical, psychiatric, and surgical treatment; and to provide the child with food, shelter, education, and ordinary medical care, all subject to any residual rights possessed by the child's parents.
(13) "Licensed institution", "licensed facility", or "licensed agency" means an institution or agency that has been licensed under state law, if licensure is required by law for such an institution or agency.
(14) "Minor" means a person who has not attained the age of eighteen years.
(15) "Misdemeanor" means an offense other than a felony, and includes the violation of an ordinance providing a penal sanction.
(16) "Offense" includes both felony and misdemeanor.
(17) "Parent" means any living person who is presumed to be a parent under the Civil Code or a biological or adoptive mother or father of a child.
(18) "Parole" means the legal status created by court order whereby a child is conditionally released from a juvenile correctional institution to a less restrictive setting where continued supervision will be provided by a probation officer and standards of conduct will be imposed by the court.
(19) "Peace officer" means any sheriff, police officer, or other person deputized by proper authority to serve as a peace officer.
(20) "Physician" means a person permitted to practice and in active practice as a physician under the laws of Louisiana or a person in a postgraduate medical training program of an accredited medical school in Louisiana or a medical officer similarly qualified by the government of the United States while in this state in the performance of official duties.
(21) "Probation" means the legal status created by court order following an adjudication of delinquency or an adjudication that a family is in need of services or that the child is in need of supervision, whereby a child is permitted to remain in a community subject to supervision by a probation officer and to standards of conduct imposed by the court.
(22) "Probation officer" is a representative of the agency providing supervision services to a court exercising juvenile jurisdiction. It also includes any person designated by the court to serve as the court's probation officer.
(23) "Psychiatrist" means a physician who has at least three years of formal training or primary experience in the diagnosis and treatment of mental illness.
(24) "Residual parental rights" means those rights and responsibilities remaining with the parents after the legal transfer of custody of their child, including but not necessarily limited to right of visitation, consent to adoption, right to determine religious affiliation, responsibility of support, and the right of inheritance from the child.
(24.1) "Secure detention facility" means a facility that provides a physically restricting environment for the temporary care of children in accordance with the Minimum Standards for Licensure of the Louisiana Detention Association.
(24.2) "Secure placement" means a placement characterized by a range of moderate to high security level facilities that include construction, fixtures, and staff supervision designed to restrict the movements and activities of the residents, and to control, on a twenty-four-hour basis, the ability of the residents to enter and leave the premises, and which are intended for the treatment and rehabilitation of children who have been adjudicated delinquent. Secure placements shall include but are not limited to secure correctional centers for children and may include community-based secure detention facilities. However, no placement of a child to a community-based secure detention facility shall occur when a child has been adjudicated for the commission of a crime listed in Article 897.1 unless notice of such placement is provided to the committing judge and the district attorney.
(25) "Shelter care facility" means a licensed, physically unrestricting public or private child caring facility, a residential facility operated for runaway, homeless, or sexually exploited children, or a safe house as defined in Article 725.1 which provides temporary care for children.
(26) "State" includes a city or other political subdivision of the state.
(27) "Statute" or "law" means a statute, a constitutional provision, or an ordinance of a city or other political subdivision of the state.
(28) "Tutor" means one other than a parent who has qualified for the office and has been confirmed or appointed by a court.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 732, §2; Acts 1999, No. 275, §1, eff. July 1, 1999; Acts 1999, No. 449, §§1, 2, eff. July 1, 1999; Acts 1999, No. 1317, §1; Acts 2004, No. 484, §1; Acts 2006, No. 344, §3, eff. June 13, 2006; Acts 2007, No. 334, §1; Acts 2011, No. 128, §1; Acts 2017, No. 239, §1; Acts 2017, No. 376, §1; Acts 2018, No. 296, §1; Acts 2018, No. 467, §2; Acts 2025, No. 409, §7.
Arts. 201 - 300. (Reserved)
Acts 1991, No. 235, §2.
As used in this Title, "nonmetropolitan area" means a parish whose largest city has a population of fifty thousand or less and where the population of the entire parish is less than one hundred thousand.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2022, No. 271, §6.
Juvenile jurisdiction shall be exercised as follows:
(1) Special juvenile courts created by law for Caddo, Orleans, Jefferson, and East Baton Rouge Parishes shall have exclusive original juvenile jurisdiction, and any other jurisdiction conferred by the statute creating them, in the parish or parishes for which they are created. Judges of these courts shall exercise their juvenile jurisdiction according to the provisions of this Code.
(2) District courts, except where a separate juvenile court with exclusive original juvenile jurisdiction is established by law, shall have original juvenile jurisdiction for the parish or parishes within their district.
(3) Parish courts, except where a separate juvenile court with exclusive original juvenile jurisdiction is established by law, shall have original juvenile jurisdiction for their parish. This jurisdiction shall be concurrent with that of the district court.
(4) City courts, except where a separate juvenile court with exclusive original juvenile jurisdiction is established by law, shall have original juvenile jurisdiction for their territorial jurisdiction. This jurisdiction shall be concurrent with that of the district court.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
A court exercising juvenile jurisdiction shall have exclusive original jurisdiction over:
(1) Delinquency proceedings pursuant to Title VIII, except when a child either:
(a) Is subject to the jurisdiction of the criminal courts for prosecution and liability as an adult pursuant to Chapter 4 of this Title.
(b) Has been transferred by the juvenile court for criminal prosecution and liability as an adult pursuant to Chapter 11 of Title VIII.
(2) Child in need of care proceedings pursuant to Title VI.
(3) Families in need of services proceedings pursuant to Title VII.
(4) Traffic proceedings pursuant to Title IX.
(5) Involuntary termination of parental rights proceedings pursuant to Title X.
(6) Voluntary termination of parental rights proceedings pursuant to Title XI.
(7) Adoption proceedings pursuant to Title XI or XII.
(8) Mental health proceedings pursuant to Title XIV.
(9) Any special proceeding authorized by Title XV, except domestic abuse assistance proceedings brought in a district court pursuant to R.S. 46:2131 et seq.
(10) Any proceeding necessary to implement the provisions of interstate compacts affecting children pursuant to Title XVI.
(11) Such other jurisdiction over children as may be provided by law.
(12) Extended foster care proceedings as provided for by R.S. 46:288.1 et seq., to review the written report and make a determination whether it is in the youth's best interest to continue in extended foster care in a voluntary placement. For purposes of this Subparagraph, "youth" shall have the same meaning as provided in R.S. 46:288.2.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2001, No. 567, §1; Acts 2019, No. 400, §1, eff. June 19, 2019.
A.(1) Upon request of a court of another state, a court of this state shall accept jurisdiction of a child provided both the following occur:
(a) The child is about to become a resident of or is domiciled in the parish.
(b) The child has been adjudicated in the other state under circumstances which would confer jurisdiction in this state.
(2) The request shall include a certified copy of the judgment of the requesting court and a copy of the record.
B. The order of adjudication of the requesting state is not subject to attack.
C. Within fourteen days of receiving such request, the court shall determine whether the conditions of transfer are met. If the conditions of transfer have not been met, the court shall immediately advise the requesting court in writing. If the conditions of transfer are met, the court shall immediately issue written notice of its intent to accept jurisdiction of the child.
D. Upon receipt of an order of the requesting court transferring jurisdiction of the child, the court shall direct its probation officer or other person to take custody of the child or otherwise provide for his appearance before the court.
E. Upon acceptance, the court shall promptly hold a hearing to determine the proper disposition. The disposition hearing and judgment of disposition shall be in accordance with the provisions of this Code.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
A.(1) When a child is fifteen years of age or older at the time of the commission of first degree murder, second degree murder, aggravated or first degree rape, or aggravated kidnapping, he is subject to the exclusive jurisdiction of the juvenile court until either:
(a) An indictment charging one of these offenses is returned.
(b) The juvenile court holds a continued custody hearing pursuant to Articles 819 and 820 and finds probable cause that he committed one of these offenses, whichever occurs first. During this hearing, when the child is charged with aggravated or first degree rape, the court shall inform him that if convicted he shall register as a sex offender for life, pursuant to Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950.
(2)(a) The district attorney shall have the discretion to file a petition alleging any of the offenses listed in Subparagraph (1) of this Paragraph in the juvenile court or, alternatively, to obtain an indictment. If the child is being held in detention, the district attorney shall file the petition or indictment in the appropriate court within sixty calendar days after the child's arrest, unless the child waives this right.
(b) Failure to institute prosecution as provided in this Subparagraph shall result in release of the child if, after a contradictory hearing with the district attorney, just cause for the failure is not shown. If just cause is shown, the court shall reconsider bail for the child. Failure to institute prosecution as provided in this Subparagraph shall result in the release of the bail obligation if, after a contradictory hearing with the district attorney, just cause for the delay is not shown.
(c) When the juvenile court holds a continued custody hearing pursuant to Articles 819 and 820 and finds probable cause that the child committed one of the offenses listed in Subparagraph (1) of this Paragraph, the time limitations contained in this Code are inapplicable, and the time period for filing an indictment after arrest shall be governed by Code of Criminal Procedure Article 701.
(3) Thereafter, if an indictment is returned, the child is subject to the exclusive jurisdiction of the appropriate court exercising criminal jurisdiction for all subsequent procedures, including the review of bail applications, and the court exercising criminal jurisdiction may order that the child be transferred to the appropriate adult facility for detention prior to his trial as an adult. If the district attorney elects to file a petition and the child waives the right to a continued custody hearing, the child is subject to the exclusive jurisdiction of the juvenile court for all subsequent procedures, including the review of bail applications.
B.(1) When a child is fifteen years of age or older at the time of the commission of any of the offenses listed in Subparagraph (2) of this Paragraph, he is subject to the exclusive jurisdiction of the juvenile court until whichever of the following occurs first:
(a) An indictment charging one of the offenses listed in Subparagraph (2) of this Paragraph is returned.
(b) The juvenile court holds a continued custody hearing and finds probable cause that the child has committed any of the offenses listed in Subparagraph (2) of this Paragraph and a bill of information charging any of the offenses listed in Subparagraph (2) of this Paragraph is filed. During this hearing, when the child is charged with forcible or second degree rape or second degree kidnapping, the court shall inform him that if convicted he shall register as a sex offender for life, pursuant to Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950.
(2)(a) Attempted first degree murder.
(b) Attempted second degree murder.
(c) Manslaughter.
(d) Armed robbery.
(e) Aggravated burglary.
(f) Forcible or second degree rape.
(g) Simple or third degree rape.
(h) Second degree kidnapping.
(i) Repealed by Acts 2001, No. 301, §2.
(j) Aggravated battery committed with a firearm.
(k) A second or subsequent aggravated battery.
(l) A second or subsequent aggravated burglary.
(m) A second or subsequent offense of burglary of an inhabited dwelling.
(n) A second or subsequent felony-grade violation of Part X or X-B of Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950 involving the manufacture, distribution, or possession with intent to distribute controlled dangerous substances.
(3)(a) The district attorney shall have the discretion to file a petition alleging any of the offenses listed in Subparagraph (2) of this Paragraph in the juvenile court or, alternatively, to obtain an indictment or file a bill of information. If the child is being held in detention, the district attorney shall file the indictment, bill of information, or petition in the appropriate court within sixty calendar days after the child's arrest, unless the child waives this right.
(b) Failure to institute prosecution as provided in this Subparagraph shall result in release of the child if, after a contradictory hearing with the district attorney, just cause for the failure is not shown. If just cause is shown, the court shall reconsider bail for the child. Failure to institute prosecution as provided in this Subparagraph shall result in the release of the bail obligation if, after a contradictory hearing with the district attorney, just cause for the delay is not shown.
(4) If an indictment is returned or a bill of information is filed, the child is subject to the exclusive jurisdiction of the appropriate court exercising criminal jurisdiction for all subsequent procedures, including the review of bail applications, and the district court may order that the child be transferred to the appropriate adult facility for detention prior to his trial as an adult.
C. Except when a juvenile is held in an adult jail or lockup, the time limitations for the conduct of a continued custody hearing are those provided by Article 819.
D. The court exercising criminal jurisdiction shall retain jurisdiction over the child's case, even though he pleads guilty to or is convicted of a lesser included offense. A plea to or conviction of a lesser included offense shall not revest jurisdiction in the court exercising juvenile jurisdiction over such a child.
E.(1) If a competency or sanity examination is ordered, except for the filing of a delinquency petition, the return of an indictment, or the filing of a bill of information, no further steps to prosecute the child shall occur until the court exercising criminal jurisdiction appoints counsel for the child and provides notification in accordance with Article 809 and determines the child's mental capacity to proceed.
(2) When an indictment has been returned or a bill of information has been filed pursuant to this Subsection, the district court exercising criminal jurisdiction shall be the proper court to determine the child's mental capacity to proceed. In all other instances, the juvenile court shall be the proper court to make this determination.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1991, No. 501, §1, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1994, 3rd Ex. Sess., No. 15, §1; Acts 1994, 3rd Ex. Sess., No. 39, §1; Acts 1995, No. 367, §1; Acts 1995, No. 959, §1; Acts 1995, No. 979, §1; Acts 2001, No. 301, §2; Acts 2008, No. 222, §1, eff. June 16, 2008; Acts 2010, No. 594, §1; Acts 2012, No. 698, §1; Acts 2015, No. 184, §8; Acts 2016, No. 501, §2, eff. June 14, 2016; Acts 2022, No. 175; §1; Acts 2023, No. 418, §1.
A. Prior to the divesting events specified in Paragraphs A and B of Article 305, the child shall be held in custody in a juvenile detention center, except as hereinafter provided.
B. If a detention facility for juveniles is not available, the child may be held in an adult jail or lockup for identification or processing procedures or while awaiting transportation only as long as necessary to complete these activities for up to six hours, except that in nonmetropolitan areas, the child may be held for up to forty-eight hours if all of the following occur:
(1) The child meets the age and offense criteria set out in Article 305.
(2) A continued custody hearing in accordance with Articles 820 and 821 is held within forty-eight hours after his arrest.
(3) There is no acceptable alternative placement to the jail or lockup in which he is being held.
(4) The sheriff or the administrator of the adult jail or lockup has certified to the court that facilities exist providing for sight and sound separation of the juvenile from adult offenders and that he can be given continuous visual supervision while placed in the jail or lockup.
C. If an indictment has not been returned, a bill of information filed, or a continued custody hearing not held within forty-eight hours, the child held in an adult jail or lockup in a nonmetropolitan area shall be released or removed to a juvenile detention facility.
D. If at the conclusion of the continued custody hearing, the court determines that the child meets the age requirements and that there is probable cause that the child has committed one of the offenses enumerated in Article 305, the court shall order him held for trial as an adult for the appropriate court of criminal jurisdiction. The appropriate court of criminal jurisdiction may thereafter order that the child be held in any facility used for the pretrial detention of accused adults and the child shall apply to the appropriate court of criminal jurisdiction for a preliminary hearing, bail, and for any other rights to which he may be entitled under the Code of Criminal Procedure.
E. If for any reason the court determines that the child is not subject to the jurisdiction of the criminal courts, it may continue him in custody only in those places authorized by Article 822.
F. The court authorizing the detention of the child in an adult jail or lockup pursuant to Paragraph B or D of this Article shall submit a written report delineating appropriate reasons for the continued custody to the judicial administrator of the supreme court for review and shall submit copies to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice and to the sheriff or chief of police of the facility in which the child is being detained within seven working days of the court's decision.
G. Notwithstanding any provision of law to the contrary, a child who is subject to criminal jurisdiction pursuant to Article 305 and being held in a juvenile detention facility before trial shall be transferred to the appropriate adult facility for continued pretrial detention upon reaching the age of eighteen.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2016, No. 501, §2, eff. June 14, 2016; Acts 2023, No. 445, §1, eff. June 28, 2023.
A. If the child has been ordered held for trial as an adult as a result of a continued custody hearing convened pursuant to Article 305(A)(1)(b) or Article 305(B)(1)(b), the court shall transmit the order rendered after the hearing, or a certified copy thereof, without delay, to the clerk of the court having jurisdiction of the offense.
B. Any party may request the court to provide a complete or partial transcript of the testimony of the witnesses; however, neither the record of the hearing nor the reasons for the transfer shall be admissible in evidence in any subsequent criminal proceedings, except for the purpose of impeachment of a witness.
Acts 1992, No. 705, §1, eff. July 6, 1992.
A. A court exercising juvenile jurisdiction shall have exclusive original jurisdiction over adult parties in the following cases involving the care, custody or control of a child:
(1) Child in need of care proceedings pursuant to Title VI.
(2) Families in need of services proceedings pursuant to Title VII.
(3) Involuntary termination of parental rights proceedings pursuant to Title X.
(4) Voluntary termination of parental rights proceedings pursuant to Title XI.
(5) Adoption proceedings pursuant to Title XII.
(6) Special proceedings pursuant to Title XV.
B. In aid of its jurisdiction over children, a court exercising juvenile jurisdiction shall also have jurisdiction over any natural person who is a parent or caretaker of the child or other adult lawfully before it to secure his full cooperation and assistance in the entire rehabilitative program prescribed by the court for the child, including conditions or incidents of probation, supervision, protection, custody, or release on parole in:
(1) Delinquency proceedings pursuant to Title VIII.
(2) Traffic violation proceedings pursuant to Title IX.
(3) Mental health proceedings pursuant to Title XIV.
(4) Any special proceeding authorized by Title XV.
(5) Any proceeding necessary to implement the provisions of interstate compacts affecting children pursuant to Title XVI.
C. Nothing in this Article shall be construed to deprive other courts of jurisdiction over domestic abuse assistance proceedings brought pursuant to R.S. 46:2131 et seq. or over contempt proceedings.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
A. Whenever any court of this state in the trial of any proceeding has cause to believe that a child's physical or mental health or welfare is endangered by abuse or neglect, it may report and refer the charges to the local child protection unit of the Department of Children and Family Services in accordance with Article 610.
B. If from its investigation the department determines that the report is validated or if it has obtained an instanter order from the juvenile court, it shall file appropriate written notice in the civil proceeding in which the complaint arose. Thereafter, the juvenile court shall have jurisdiction to resolve the case as a child in need of care proceeding pursuant to the provisions of Title VI.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
A. Except as provided in Article 313, a court exercising juvenile jurisdiction shall have continuing jurisdiction over the following proceedings and the exclusive authority to modify any custody determination rendered, including the consideration of visitation rights:
(1) Child in need of care proceedings pursuant to Title VI.
(2) Families in need of services proceedings pursuant to Title VII.
(3) Involuntary termination of parental rights proceedings pursuant to Title X.
(4) Voluntary termination of parental rights proceedings pursuant to Title XI.
(5) Adoption proceedings pursuant to Title XII.
(6) Parental transfer of custody proceedings pursuant to Chapter 3 of Title XV.
B. In exercise of its jurisdiction to determine the custody of a child under writs of habeas corpus or when custody is incidental to the determination of pending cases, a district court may enter an order of custody or modify any prior order of custody rendered by a juvenile court concerning the same child in any proceeding except those enumerated in Paragraph A of this Article.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
A. Unless declined, a court exercising juvenile court jurisdiction shall have exclusive original jurisdiction over cases subject to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act, pursuant to R.S. 13:1801 et seq., when in interstate custody disputes any of the following occur:
(1) A claim of emergency jurisdiction is made pursuant to R.S. 13:1816.
(2) A petition alleges that a child is in need of care as defined by Title VI.
(3) A petition otherwise alleges facts that may bring the proceedings within the exclusive original jurisdiction of the juvenile courts pursuant to this Code.
B. The district courts shall have exclusive original jurisdiction over all other claims of jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act and claims of emergency jurisdiction when declined by the juvenile court.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2010, No. 861, §1.
A.(1) A court exercising juvenile jurisdiction shall have exclusive original jurisdiction, except in East Baton Rouge Parish, in the following cases involving support of family:
(a) Proceedings involving criminal neglect of a child by either parent, or of one spouse by the other spouse.
(b) Proceedings under the Revised Uniform Reciprocal Enforcement of Support Act.
(c) Repealed by Acts 2008, No. 532, §6.
(2) A support order rendered pursuant to an action brought under this Paragraph shall not modify a prior judgment of a district court or be modified by a district court having appropriate jurisdiction over support, unless the court rendering the original support order has transferred jurisdiction.
B.(1) A court exercising juvenile jurisdiction shall have concurrent jurisdiction, except in East Baton Rouge Parish, in the following cases involving support of family:
(a) Proceedings brought by the district attorney pursuant to the provisions of Article 1301.1 et seq. of the Uniform Interstate Family Support Act.
(b) Proceedings brought by the district attorney or the Department of Children and Family Services to establish paternity or to establish, modify, or enforce support pursuant to provisions of R.S. 46:236.1.1 et seq., and Children's Code Article 1301.1 et seq.
(c) Proceedings brought by the district attorney to enforce support pursuant to R.S. 46:236.2.
(d) Proceedings brought by the district attorney under any state law to register, enforce, or modify any order of support issued by any court in this state.
(2) A support order rendered pursuant to an action brought under Subsubparagraph (1)(b) or (c) of this Paragraph shall not modify a prior judgment of a district court or be modified by a district court having appropriate jurisdiction over support, unless the court rendering the original support order has transferred jurisdiction.
C. Upon proof thereof, amounts paid for a particular period pursuant to a support order rendered by either court shall be credited against the amounts accruing or accrued for the same period under any support order rendered by the other court.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1992, No. 865, §1; Acts 1997, No. 601, §1; Acts 2008, No. 532, §§1, 6; Acts 2010, No. 238, §6; Acts 2010, No. 754, §1, eff. Jan. 1, 2011.
A. A court exercising juvenile jurisdiction shall have exclusive original jurisdiction, in conformity with any special rules prescribed by law, to try an adult for the following offenses:
(1) The crime of contributing to the delinquency or dependency of children as authorized by R.S. 14:92.1.
(2) Criminal neglect of family.
(3) The crime of improper supervision of a minor by parent or legal custodian as authorized by R.S. 14:92.2.
B.(1) Except as provided in Subparagraph (2) of this Paragraph, a district court shall have exclusive original jurisdiction, in conformity with any special rules prescribed by law, to try an adult for the following offenses:
(a) The crime of contributing to the delinquency of children as authorized by R.S. 14:92.
(b) Any other misdemeanor enacted for the protection of the physical, moral, or mental well-being of children.
(2) In Orleans Parish, jurisdiction pursuant to Subparagraph (1) of this Paragraph is vested in the criminal district court for that parish or the Municipal and Traffic Court of New Orleans.
C. If the defendant in any case within this Article is entitled to trial by jury and does not waive that right, the court shall transfer the case to its criminal docket or to the appropriate court having criminal jurisdiction.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1995, No. 702, §1; Acts 1997, No. 569, §1; Acts 2011, 1st Ex. Sess., No. 28, §1; Acts 2017, No. 193, §1.
A. A court exercising juvenile jurisdiction no longer exercises such jurisdiction in any proceeding authorized by this Code upon:
(1) Declination of jurisdiction.
(2) Transfer of the proceeding.
(3) Expiration or satisfaction of an informal adjustment agreement.
(4) Expiration or satisfaction of an informal family services plan agreement.
(5) Expiration, satisfaction, or vacation of a juvenile disposition or adult sentence.
(6) Dismissal of the proceeding.
B. A court exercising juvenile jurisdiction no longer exercises such jurisdiction in any proceeding authorized by Article 311(B)(1) upon the filing of a motion in accordance with R.S. 46:236.2(B)(2). When the motion is granted, the individual or caretaker to whom the support obligation is owed shall be the proper party to enforce the child support obligation or any arrears owed.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2010, No. 913, §1; Acts 2018, No. 373, §1, eff. October 1, 2018.
Except when a special venue rule is provided by a Title of this Code, any proceeding may be commenced in the parish in which the child is domiciled with his parent or tutor, the parish in which the child is residing, the parish in which the act complained of took place or the conditions complained of existed, or the parish in which the child is found.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
Proceedings to modify an order for child support, medical support, and income assignment, or any one or combination of such orders, brought pursuant to Article 311 shall be brought only in the proper parish specified by Code of Civil Procedure Article 74.2.
Acts 1997, No. 603, §3.
A. At any time, the court in which a petition is filed may transfer the case for the convenience of the parties and the witnesses and in the interests of justice to another court having venue according to Article 314.
B. After adjudication, the court in which a petition is filed shall transfer the proceeding if it receives information at any time that both of the following exist:
(1) The child is domiciled with his parent or tutor in another parish.
(2) The court of the child's domicile has proceedings currently pending before it.
C. Certified copies of all legal and social documents and records pertaining to the case which are on file with the clerk of the court shall accompany the transfer.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
When a petition is filed in a court of improper venue, the court shall either dismiss the petition or transfer it to a court of proper venue.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
Any party by contradictory motion may obtain a change of venue upon proof that he cannot obtain a fair and impartial trial because of the undue influence of an adverse party, prejudice existing in the public mind, or some other sufficient cause.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
A court inherently possesses all powers necessary for the exercise of its juvenile jurisdiction and the enforcement of its lawful orders. It has authority to issue such writs and orders as may be necessary or proper in aid of its jurisdiction. It has the duty to require that the juvenile proceedings be conducted with dignity and in an orderly and expeditious manner.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
A. Any person who willfully violates, neglects, or refuses to obey or perform any lawful order of a court may be proceeded against for contempt of court. This general contempt authority shall not detract from or prevent the application of specific contempt provisions contained elsewhere in this Code.
B. Any parent, guardian, custodian, or other person entrusted with the care of a child coming within the jurisdiction of the juvenile court may be proceeded against for contempt of court for the failure, unwillingness, or neglect, without just cause, to fully cooperate in the rehabilitative program ordered by the court as a part of any protective order or disposition judgment authorized by a Title of this Code, including but not limited to:
(1) Participation in a counseling or instructional program.
(2) Participation in family counseling sessions.
(3) Participation in mental health sessions.
(4) Assistance in obtaining vocational training for the child.
(5) Assistance in obtaining a special educational placement for the child.
(6) Participation in such other adjustment programs that the court finds beneficial and remedial in the rehabilitation of the child.
C. Contempt proceedings shall be conducted in accordance with the provisions of Chapter 2 of Title XV.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
A. For purposes of the appointment of counsel, children are presumed to be indigent.
B. Except as provided in Article 608, the determination of the indigency of any person entitled to counsel in accordance with this Code may be made by the court at any stage of the proceedings. If necessary, the person shall be allowed to summon witnesses to testify before the court concerning the person's financial ability to employ counsel.
C.(1) In determining whether a person is indigent and entitled to the appointment of counsel, the court shall consider whether the person is a needy person and the extent of the person's ability to pay.
(2) The court shall consider such factors as income, property owned, outstanding obligations, and the number and ages of dependents.
(3) Release on bail shall not alone disqualify either an adult or child for appointment of counsel.
D. In each case, subject to the penalty of perjury, the person shall certify in writing the material factors relating to the person's ability to pay as the court prescribes.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2010, No. 593, §1; Acts 2022, No. 272, §1.
A. To the extent that a person is financially able to provide for an attorney, other necessary services and facilities of representation, and court costs, the court shall order him to pay for these items. The court may order payment in installments or in any manner which it believes reasonable and compatible with the person's financial ability.
B. Any payments shall be transmitted to and become a part of the public defender fund of the district in which the proceeding is pending.
C. When a person, who was initially determined to be indigent and was appointed counsel, subsequently hires private counsel, the court shall conduct a contradictory hearing to determine:
(1) Whether he was in fact indigent when counsel was previously appointed.
(2) What charges were incurred in retaining counsel.
(3) What expenses have been incurred by the district public defender or other appointed counsel.
D. Upon determining the expenses incurred, the court may hold the person liable to the district public defender or other appointed counsel for reimbursement of all or part of those expenses. A judgment for the amount owed may be recorded in the mortgage records and may be enforced as provided by law.
E. If the court finds that the parents are financially able, it may order them to reimburse the appointed counsel or district public defender's office for some or all of the costs of representing the child that are incurred before retained counsel has enrolled as counsel of record.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2007, No. 307, §9; Acts 2010, No. 593, §1.
The purpose of this Chapter is to provide further protection for protected persons who are witnesses to or victims of a crime and to permit the trial concerning such crime to proceed with a minimum of additional intrusion into the lives of such protected persons. To effect this purpose, the need for a special exception to the hearsay rule allowing receipt of videotaped statements of the protected person's account and the need for closed-circuit television for transmitting certain protected person's testimony is recognized.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2004, No. 241, §2.
(1) "Civilian investigator" means any person who performs investigative work as a noncertified employee of a law enforcement agency and who has completed training required by that law enforcement agency. Required training shall include but not be limited to basic investigative training and specific training on investigation of crimes involving a protected person.
(2) "Department" means the Department of Children and Family Services.
(3) "Protected person" means any person who is a victim of a crime or a witness in a juvenile proceeding and who either:
(a) Is under the age of eighteen years.
(b) Has a developmental disability as defined in R.S. 28:451.2.
(4) "Videotape" means the visual recording on a magnetic tape, film, videotape, compact disc, digital versatile disc, digital video disc, or by other electronic means together with the associated oral record.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2004, No. 241, §2; Acts 2007, No. 70, §2; Acts 2022, No. 202, §1; Acts 2024, No. 548, §2.
A. A court exercising juvenile jurisdiction may require that a statement of a protected person be recorded on videotape in conformity with Article 326 by any of the following:
(1) Motion of the court or motion of the district attorney, a parish welfare unit or agency, the Department of Children and Family Services, or a child advocacy center operating in the judicial district.
(2) Adoption of a local court rule that authorizes the videotaping of any protected person without the necessity of the issuance of an order by the court in any individual case.
(3) Execution of a written protocol between the court and law enforcement agencies, a parish welfare unit or agency, the Department of Children and Family Services, or a child advocacy center operating in the judicial district that authorizes the videotaping of any protected person without the necessity of the issuance of an order by the court in any individual case.
B. The coroner may, in conjunction with the district attorney and appropriate hospital personnel and pursuant to their duties in R.S. 40:2109.1 and 2113.4, provide for the videotaping of the statements of children under the age of eighteen who present themselves or who are brought to a hospital for treatment as victims of rape or who have been otherwise physically or sexually abused.
C. Such a videotape shall be available for introduction into evidence in any juvenile proceeding under this Code in which it is relevant.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2004, No. 241, §2; Acts 2007, No. 70, §2; Acts 2014, No. 647, §2; Acts 2022, No. 202, §1.
The videotape authorized by this Chapter is hereby admissible in evidence as an exception to the hearsay rule.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
A. A videotape of the statements of a protected person who is alleged to be the victim of or witness to a crime may be offered in evidence for or against such crime. To render such a videotape competent evidence, all of the following must be satisfactorily proved:
(1) Such electronic recording was voluntarily made by the protected person.
(2) No relative of the protected person was present in the room in which the recording was made.
(3) No attorney for either party was present when the statement was made.
(4) Such recording was not made of answers to questions calculated to lead the protected person to make any particular statement.
(5) Such recording is both visual and oral and is recorded on film or videotape or by other electronic means.
(6) Such recording is accurate, has not been altered, and reflects what the protected person said.
(7) The taking of the protected person's statement was supervised by a physician, a social worker, a law enforcement officer, a licensed psychologist, a medical psychologist, a licensed professional counselor, a civilian investigator, or an authorized representative of the department.
(8) Every voice on the recording is identified.
B. The department shall develop and promulgate regulations regarding training requirements and certification for department personnel who are authorized to supervise the taking of the protected person's statement.
C. The provisions of this Article relative to a civilian investigator's ability to render a videotape as competent evidence shall only apply to a civilian investigator within a parish with a population of not less than three hundred eighty-three thousand and not more than four hundred forty thousand as provided in the most recent federal decennial census.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1999, No. 1309, §9, eff. Jan. 1, 2000; Acts 2001, No. 486, §5, eff. June 21, 2001; Acts 2004, No. 241, §2; Acts 2009, No. 251, §13; Acts 2024, No. 548, §2.
A. A prehearing videotape which meets all the requirements of Article 326 may be admissible into evidence if all of the following occur:
(1) The parties to the proceeding are afforded an opportunity to view the recording before it is offered into evidence.
(2) The person conducting or supervising the interview of the protected person in the recording is present at the proceeding and available to testify or be cross-examined by either party.
(3) The protected person is available to testify.
B. The admission into evidence of the videotape as authorized herein shall not preclude the state from calling the protected person as a witness or taking the protected person's testimony outside the courtroom as otherwise authorized by law.
C. Nothing in this Chapter shall be construed to prohibit the right of confrontation of a defendant in a criminal proceeding before the court.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2004, No. 241, §2; Acts 2008, No. 335, §1.
Videotapes which are a part of the court record shall be preserved under a protective order of the court in order to protect the privacy of the protected person. The court shall order the destruction of the videotapes after five years have elapsed from the date of entry of judgment. However, if an appeal is filed, the videotapes shall not be destroyed until a final judgment on appeal has been rendered.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2004, No. 241, §2.
A.(1) A court with civil or family jurisdiction or an administrative law judge may authorize the issuance of a subpoena duces tecum for the production of a videotape of a protected person made pursuant to this Article for good cause shown. The subpoena duces tecum shall order that the videotape of the protected person be returnable to the court for inspection. If the court determines that the videotape is relevant and necessary to the case under review, the court may order in writing that the videotape be disclosed to the attorneys of record for each party, subject to a protective order pursuant to Subparagraph (2) of this Paragraph.
(2) The protective order shall include all of the following information:
(a) Names of the attorneys of record in the case and their regularly employed staff, paralegal, or expert witnesses, who are the only individuals permitted to view or be in possession of the videotape.
(b) The videotape is in the exclusive custody of the court and that the videotape shall not be copied, photographed, duplicated, or otherwise reproduced except as a written transcript that protects the identity of the protected person by the use of initials.
(c) If the party is not represented by an attorney, the party and the employees or retained expert witnesses of the party shall not be given a copy of the videotape but shall be given reasonable access to view the recording by the custodian of the recording.
(d) Attorneys and custodians of the videotape shall file their copy of the videotape under seal into the record of the proceedings upon termination of representation or upon disposition of the matter at the trial level.
(e) The unlawful possession, selling, duplicating, distributing, transferring, or copying of any videotape of protected persons is punishable pursuant to R.S. 14:81.5.
B. Any violation of this Article shall be punished as contempt of court.
C. Nothing in this Article is intended to restrict the ability of the Department of Children and Family Services or law enforcement from sharing information as authorized or required by state or federal law.
Acts 2024, No. 654, §2.
The files, reports, records, communications, working papers, or videotaped interviews used or developed in providing services under Part II of Title V of this Code are confidential and not subject to the Public Records Law. Disclosure of any files, reports, records, communications, or working papers of a child advocacy center may be made only pursuant to Article 525 or by order of the juvenile court of competent jurisdiction pursuant to Article 412. Disclosure of videotaped interviews of protected persons shall be disclosed either pursuant to R.S. 15:440.1 et seq. or Article 322 et seq.
Acts 2024, No. 654, §2.
A. On its own motion or on the motion of the attorney for any party, a court may order that the testimony of a protected person who may have been physically or sexually abused be taken in a room other than the courtroom and be simultaneously televised by closed circuit television to the court when the court makes a specific finding of necessity based upon both of the following:
(1) Expert testimony that the protected person would be likely to suffer serious emotional distress if forced to give testimony in open court.
(2) Expert testimony that without such special shielding procedures, the protected person cannot reasonably communicate his testimony to the court.
B. The court shall ensure that the protected person cannot see or hear the accused unless such viewing or hearing is requested for purposes of identification. However, the court shall ensure that the accused is afforded the ability to consult with his attorney during the testimony of the protected person.
C. The only persons who may be present in the room with the protected person are the person or persons operating the audio-video equipment, the presiding judge, the attorneys for the state and the accused, and any person, other than a relative of the protected person, whose presence is determined by the court to be necessary to the welfare and well-being of the protected person during his testimony. The persons operating the equipment shall be confined to an adjacent room or behind a screen or mirror that permits them to see and hear the protected person during his testimony but does not permit the protected person to see or hear them.
D. Only the attorneys, or the presiding judge as authorized by law, may question the protected person.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2004, No. 241, §2.
A. An appeal may be taken from any final judgment of a court and shall be to the appropriate court of appeal.
B. In delinquency proceedings pursuant to Title VIII, child in need of care proceedings pursuant to Title VI, and families in need of services proceedings pursuant to Title VII, an appeal may be taken only after a judgment of disposition. The appeal shall include all errors assigned concerning the adjudication and disposition.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
A. Except when the court is exercising its jurisdiction pursuant to Article 960, a party to the proceedings or any other party in interest shall have the right to appeal.
B. The state may not appeal from a judgment refusing to adjudicate a child to be delinquent or from a judgment of acquittal.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
A. Except as otherwise provided within a particular Title of this Code, appeals shall be taken within fifteen days from the mailing of notice of the judgment. However, if a timely application for a new trial is made pursuant to Paragraph C, the delay for appeal commences to run from the date of the mailing of notice of denial of the new trial motion.
B. Notice of judgment, including notice of orders or judgments taken under advisement, shall be as provided in Code of Civil Procedure Article 1913.
C. After judgment is signed, a party may make a written request for a motion for new trial on any ground provided by law. The delay for applying for a new trial is three days, exclusive of holidays, and shall commence to run from the mailing of notice of judgment. A motion for new trial shall be decided expeditiously and within seven days from the date of submission for decision.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1995, No. 1095, §1; Acts 2003, No. 545, §2.
A. An appeal is taken by obtaining an order therefor from the court which rendered the judgment.
B. An order of appeal may be granted on oral motion in open court, on written motion, or on petition. The order shall show the return day of the appeal in the appellate court.
C. When the order is granted, the clerk of court shall mail a notice of appeal to counsel of record for all parties represented by counsel, and to parties not represented by counsel. Upon request, notice shall be mailed to counsel for the party seeking the appeal.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
A. Except as otherwise provided in this Code, the return day of the appeal shall be thirty days from the date the appeal is granted, if no costs are required, or from the date estimated costs are paid, unless the trial court fixes a lesser period.
B. The trial court may grant only one extension of the return day, and such extension shall not exceed thirty days. Subsequent extensions of the return day may be granted by the appellate court for sufficient cause.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
A. The clerk of the trial court shall cause the record on appeal to be prepared and lodged with the appellate court on or before the return day or extension thereof.
B. All records and supplemental records prepared for filing in any appellate court shall be certified and dated by the clerk upon completion. The certification shall include the date any transcript was received for inclusion in the record.
C. All transcripts or parts thereof completed for inclusion in the record shall be dated and certified by the court reporter who prepares them. The date of certification by the court reporter shall be the date on which the transcript was concluded and furnished to the clerk for inclusion in the record.
D. If a child desires a transcript for appeal or for supervisory writ, the child or the parents of the child shall not be assessed the cost of transcription of the record or any other costs associated with the preparation of the record.
E. If a parent, in a proceeding brought pursuant to Title V, VI, VII, X, or XI of this Code, desires a transcript for appeal or for supervisory writ, the parent shall pay the cost of transcription of the record unless the court determines that the parent is unable to pay due to poverty or lack of means. The appointment of counsel for the parent in a proceeding shall create a rebuttable presumption that the parent is unable to pay the costs associated with the preparation of the appellate record or the costs for the transcription of the contested proceedings for inclusion in the appeal or supervisory writ. If the court finds that the presumption has been rebutted, the court shall provide written reasons for its finding.
F. If the court finds that the interests of justice so require, the court may waive the costs of transcription of the record or for supervisory writ for any other party with a right to an appeal who is unable to pay due to poverty or lack of means.
G. Failure of the clerk to prepare and lodge the record on appeal either timely or correctly shall not prejudice the appeal.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2022, No. 272, §1.
A. Except as provided by Paragraphs B and C of this Article, the effect of a judgment shall not be suspended by an appeal, unless the trial court or a court of appeal directs otherwise.
B. A parent shall have the right to appeal suspensively from any ruling terminating his parental rights, including a judgment of adoption, notwithstanding the power of the court to order the commencement or continuation of temporary custody of the child with persons other than the parents.
C. A suspensive appeal shall not suspend the execution of the judgment insofar as the judgment relates to custody or child support.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
Appeals authorized by Titles VI, VII, VIII, X, XI, and XII and Chapter 7 of Title XV shall be accorded preference in the court of appeal and shall be determined at the earliest practicable time.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
Applications for supervisory writs may be made to the appropriate court of appeal in accordance with applicable rules of court.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
A. Unless procedures are otherwise provided through rules promulgated by the Louisiana Supreme Court, a court may adopt administrative rules governing internal operating procedures not in conflict with provisions of this Code, or of other laws. When a court has more than one judge, its rules shall be adopted or amended by a majority of the judges thereof sitting en banc.
B. The rules shall be made available to the public by filing a copy with the Judicial Council of the Louisiana Supreme Court and by filing a copy with the clerk of court, and a copy shall be furnished on request to any attorney licensed to practice law in this state.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 2014, No. 354, §1.
A court exercising juvenile jurisdiction is a court of record.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
A. When a court is exercising its juvenile jurisdiction it may sit in chambers and hold its sessions irrespective of regular terms of court.
B. Juvenile courts shall be in continuous session, provided that the judges of said courts shall be entitled to a vacation as provided by existing laws.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
Juvenile cases shall be docketed and handled separately from regular criminal and civil cases, and juvenile case records shall be confidential and kept separately.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
A. Except as otherwise provided by law, no court or witness fees shall be allowed against any party to a petition, and no salaried officer of the state or of any parish or municipality therein shall be entitled to receive any fee for the service or for attendance in court in any such proceedings. Except as otherwise provided in R.S. 13:4521, all other persons acting under orders of the court may be paid in the same manner as in the district court for services or service of process and attendance or serving as witnesses, the fees provided by law for like services in cases before the district court.
B. The court may authorize the payment of necessary travel expenses to witnesses attending in response to summons. Travel expenses, when authorized by the court, shall be paid from the general fund of the parish or other funds available to the court. Except in proceedings initiated by the state, the court may authorize the payment of curator expenses and fees, which, if so authorized, shall be fixed by the court and paid by petitioners.
C. The court may charge a reasonable court cost or charge fees for adoption cases which are payable in the same manner as fees in ordinary civil proceedings. If a case is referred for mediation, the costs of mediation may be taxed as court costs, which shall not exceed fifty dollars.
D. In municipalities with a population in excess of four hundred thousand inhabitants, in all proceedings under Chapter 2 of Title XIII of this Code and R.S. 14:74 et seq. after a conviction or plea of guilty, the court in its discretion, instead of imposing the punishment or fine, or both, provided therein, having issued an order directing the defendant to pay a certain sum weekly or at such periods as the court may direct, may assess costs against the defendant not to exceed five percent of all sums paid weekly or periodically through the registry of the court.
E. In parishes having a population between two hundred twenty-five thousand and four hundred fifty thousand, in all proceedings under Chapter 2 of Title XIII of this Code and R.S. 14:74 et seq. where the defendant has violated the terms of such order as provided therein and the defendant is adjudged guilty of contempt by failing to comply with the judgment or order of the court by paying the support assessed, the court may assess costs against the defendant in an amount not to exceed five percent of the fine imposed by the court for the contempt of its order or judgment; however, in no case shall the fine and costs together exceed the sum of five hundred dollars.
F. All such costs so assessed and collected shall remain with the court and shall be deposited in the judicial expense fund of such court.
G. In all cases in which support rights have been assigned to the Department of Children and Family Services as a condition of eligibility for Family Independence Temporary Assistance Program (FITAP) and in all civil, criminal, or juvenile support proceedings initiated by the department on its own behalf or on behalf of a non-FITAP applicant, the provisions of R.S. 46:236.1.1 et seq. shall apply as to imposition of a collection fee against the person owing the support obligation.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1999, No. 894, §1; Acts 2017, No. 239, §1.
A. In its discretion, the court may waive costs and fees to the extent that a party is unable to pay such costs and fees due to poverty or lack of means or for any other reason determined by the court.
B. In determining whether or to what extent a party is unable to pay, the court shall consider the party's income, property owned, outstanding obligations, and the number and ages of dependents.
C. The court may order payments in installments over time, or in any manner which it believes reasonable and compatible with the financial ability of the party.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2020, No. 146, §1.
A. With the exceptions of delinquency proceedings pursuant to Article 879, child support proceedings, traffic violations pursuant to Chapter 2 of Title IX in East Baton Rouge Parish, and misdemeanor trials of adults pursuant to Chapter 4 of Title XV, proceedings before the juvenile court shall not be public.
B. The child, his parents, counsel, the district attorney, authorized officers of the court, and witnesses called by the parties may be present at an adjudication hearing. The court may admit any other person who has a proper interest in the proceedings or the work of the court.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 769, §1; Acts 1994, 3rd Ex. Sess., No. 120, §1, eff. July 7, 1994; Acts 1995, No. 1261, §1; Acts 2011, 1st Ex. Sess., No. 28, §1; Acts 2011, No. 251, §2.
A. The court shall require that the proceedings be conducted with dignity and in an orderly and expeditious manner, and shall control the proceedings so that justice is done. The court may exclude any person whose conduct is disruptive if the person fails promptly to heed the court's admonition to refrain from such conduct.
B.(1) Restraints shall not be used upon a child during any juvenile court proceeding except in a delinquency proceeding as specifically provided in this Paragraph.
(2) A court may permit a child to be restrained in the courtroom only upon the court's individualized determination that the use of restraints is necessary because the child presents a particularized risk of physical harm to himself or another or presents a particularized substantial risk of flight from the courtroom, and that there are no less restrictive alternative measures to prevent flight or physical harm. The fact that the child is detained is insufficient to warrant a finding that the use of restraints is necessary.
(3) If it is alleged that the use of restraints upon a child is necessary, the district attorney or law enforcement shall inform the judge and the attorney for the child prior to the proceeding. The attorney for the child shall be given an opportunity to be heard and object on the record. If the use of restraints is ordered, the judge shall state on the record the reasons therefor.
(4) In accordance with Paragraph A of this Article, a court may authorize the use of restraints when the conduct of the child during a hearing presents an imminent threat, risk of flight, or physical harm.
(5) This Paragraph does not apply when the child is in a detention center, when the child is in transport from a detention center to the courthouse, or when the child is held in the courthouse outside of the room where the juvenile delinquency proceeding will occur.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 2018, No. 453, §1.
On its own motion the court may, and on request of a party the court shall, order that the witnesses, other than parties, be excluded from the courtroom or from a place where they can see or hear the proceedings and refrain from discussing the facts of the case with anyone other than counsel in the case. In the interests of justice, the court may exempt any witness from its order.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
Juvenile proceedings, except in cases of traffic violations pursuant to Title IX, shall be recorded.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
A. The court shall make, or have made, and keep records of all cases brought before it.
B. The court shall devise and cause to be printed such forms for social and legal records or such other papers as may be required.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
A. Records and reports concerning all matters or proceedings before the juvenile court, except traffic violations, are confidential and shall not be disclosed except as expressly authorized by this Code. Any person authorized to review or receive confidential information shall preserve its confidentiality unless a court order authorizes them to share with others.
B. Nonidentifying information of a general nature, including statistics, is not confidential and may be released without a court order. By court order, an individual may be authorized to review confidential records and reports, including case file samples, for the purpose of collecting nonidentifying general information, including statistics. The court order shall specify the type of information authorized for review and bind the reviewer to preserving the confidentiality of any identifying information reviewed.
C. Records and reports in individual cases may be released to parties, their counsel or other legal representatives, and court-appointed special advocates (CASAs) in accordance with discovery and disclosure provisions of this Code. Notwithstanding any other provision of law to the contrary, access to review all records and reports concerning a child in the custody of the office of juvenile justice, including but not limited to records relating to condition, housing, supervision, treatment, rehabilitation program, education, health, discipline, transition planning, risk assessments, and status reports shall be promptly provided to counsel enrolled for the child or engaged by the child, or to the child's legal guardian, upon written request to the office of juvenile justice. If the child is indigent, copies of all records and reports relevant to post-dispositional defense and reentry advocacy shall be furnished at no cost to the child, the child's family, legal guardian, or counsel. Representation by a public defender shall create an irrebuttable presumption of indigence for the purposes of this Paragraph.
D. When such information is relevant and necessary to the performance of their respective duties and enhances services to the child or his family, the court may authorize the release of records, reports, or certain information contained therein, limited to the specific purpose for which the court authorizes release, to appropriate individuals who represent any of the following when they are providing services to the child whose records are disclosed during the pendency of the matter about which the records are disclosed:
(1) Other courts and court-affiliated programs.
(2) The Department of Children and Family Services.
(3) The office of juvenile justice of the Department of Public Safety and Corrections.
(4) The Louisiana Department of Health.
(5) The Department of Education or the local school in which the child is a student.
(6) The local district attorney's office.
(7) A multidisciplinary investigative child abuse team.
(8) A child advocacy center.
(9) The attorney general's office.
(10) A district public defender or the district public defender's representative, or the representative of a public defender program established pursuant to the Louisiana Public Defender Act of 2007.
E.(1) For good cause when the information is material and necessary to a specific investigation or proceeding, the court may order the release of individual records and reports, or certain information contained therein, to a petitioner, limited to the specific purpose for which the court authorizes release.
(2) The petition must:
(a) Be filed with the juvenile court and served on the juvenile and his attorney.
(b) State the reason for the request and the intended use of the information, including any intended redisclosure.
(c) State the names of all persons that will have access to the information.
(3) In ruling on the petition, the juvenile court shall consider the privacy of the juvenile, risk of harm to the juvenile, whether a compelling reason exists for releasing the information, and whether the release is necessary for the protection of a legitimate interest. The court shall ensure the juvenile is afforded notice of the hearing and an opportunity to be heard at a contradictory hearing on the petition.
F. The court may release records and reports concerning any proceeding, except adoption, to an adult who, as a child, was the subject of the proceeding. For good cause, the court may also order release of records and reports to the counsel or other appropriate legal representative of a child, still a minor, who was the subject of any proceedings, except adoption.
G.(1) In accordance with Articles 811.1 and 811.3, the district attorney or court shall, upon request, release to the victim of a delinquent act constituting a crime of violence as defined in R.S. 14:2(B), or to the victim's legal representative or designated family member:
(a) The results of adjudication and disposition hearings.
(b) Notice of the taking into custody, release pursuant to Chapter 6 of Title VIII of this Code, release due to a rejection of charges by the district attorney, escape, or re-apprehension of the child accused of the crime of violence against the victim.
(c) Advance notice of court proceedings relating to the delinquent act.
(d) Certain information contained in the predisposition report to the court pursuant to Article 890, limited to those items described in Subparagraph (A)(2) of that Article.
(e) The name of the judge presiding over the adjudication and disposition hearings.
(f) The offense which forms the basis for adjudication.
(g) The name of the accused.
(2) In a juvenile delinquency case involving a crime of violence as defined in R.S. 14:2(B), the court shall, upon written request, release to the public the following:
(a) The nonidentifying results of adjudication and disposition hearings.
(b) The name of the judge presiding over the adjudication and disposition hearings.
(c) The offense which forms the basis for adjudication.
H. In order to assist in finding and taking into custody a child wanted for a felony-grade delinquent act involving an offense against the person or involving a dangerous weapon, law enforcement agencies may release to the public identifying information regarding the child if a court has issued an order for taking the child into custody pursuant to Article 813, or if probable cause that the child committed the alleged delinquent act has already been established pursuant to Article 820. Identifying information may include the child's name, age, alleged delinquent act, physical description, and photograph.
I. Any violation of the confidentiality provisions of this Article shall be punishable as a constructive contempt of court pursuant to Articles 1507 through 1509.1.
J. Whenever a child escapes from a juvenile detention center, law enforcement agencies are hereby authorized to release to the public the child's name, age, physical description, and photograph.
K. Every person, other than the juvenile, parents of the juvenile, and attorney for the juvenile, to whom a juvenile record or information from a juvenile is disclosed pursuant to this Article shall execute a non-disclosure agreement that certifies the person is familiar with the applicable disclosure provisions and agrees not to disclose any information to unauthorized persons.
L. Juvenile records or information from juvenile records disclosed pursuant to this Article shall be marked "UNLAWFUL DISSEMINATION OF THIS INFORMATION IS PUNISHABLE AS A CONSTRUCTIVE CONTEMPT OF COURT PURSUANT TO LOUISIANA CHILDREN'S CODE ARTICLE 1509(E)".
M. Records of juvenile criminal conduct shall not be disseminated as a criminal background check to anyone outside of the criminal justice system as defined in R.S. 15:576.
N. This Article shall not apply to records relative to any matters identified in Article 879(B)(1), in which those records and reports shall be made available to the public. Records and reports pertaining to the medical records of the juvenile, mental health of the juvenile, social records of the juvenile, school records of the juvenile, and any records related to the victim of the crime shall not be made available to the public.
O.(1) Notwithstanding any other law to the contrary, the state child ombudsman shall have access to judgments and court minute entries concerning matters or proceedings before the juvenile court as needed in furtherance of the ombudsman's statutory duties. Any judgments and court minute entries provided to the state child ombudsman shall remain confidential and shall not be subject to any further disclosure, absent an order of the juvenile court for that purpose.
(2) The office of juvenile justice shall provide to the state child ombudsman, upon written request of the state child ombudsman, any record or report concerning a child in the custody of or under the supervision of the office of juvenile justice needed in furtherance of the ombudsman's statutory duties, including but not limited to records related to condition, housing, supervision, treatment, rehabilitation program, education, health, discipline, transition planning, risk assessments, and status reports.
P. This Article shall not prohibit the creation of an interoperable set of criminal justice information systems at the state and local levels pursuant to R.S. 15:575 et seq., or preclude the dissemination of criminal history record information as defined in R.S. 15:576 in and to the criminal justice system as defined in R.S. 15:576.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1993, No. 596, §1; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1993, No. 840, §1; Acts 1994, 3rd Ex. Sess., No. 23, §2; Acts 1994, 3rd Ex. Sess., No. 76, §1; Acts 1994, 3rd Ex. Sess., No. 120, §1, eff. July 7, 1994; Acts 1994, 3rd Ex. Sess., No. 140, §1; Acts 1995, No. 1313, §1, eff. June 29, 1995; Acts 1999, No. 515, §1; Acts 1999, No. 976, §1; Acts 2001, No. 461, §1; Acts 2003, No. 567, §1; Acts 2008, No. 715, §1; Acts 2012, No. 792, §1; Acts 2016, No. 617, §1; Acts 2017, No. 362, §1; Acts 2023, No. 448, §1, eff. Jan. 1, 2024; Acts 2024, 2nd Ex. Sess., No. 15, §2, eff. March 6, 2024; Acts 2024, No. 92, §1; Acts 2024, No. 507, §5; Acts 2025, No. 364, §1.
A. Each special juvenile court created by law with exclusive original juvenile jurisdiction may biennially report, by respective section or division, to the Louisiana Supreme Court and its local district attorney and sheriff the aggregate number of preadjudication and postadjudication court interventions resulting from taking a child into custody for the alleged commission of a delinquent act for each child who is:
(1) Released to the custody of his parents or other suitable persons.
(2) Placed on probation.
(3) Committed to the custody of the Department of Public Safety and Corrections.
(4) Referred for appropriate placement at detention, shelter, or other treatment facilities.
(5) Referred to an alternative formal processing program.
B. In addition, such courts may also report by respective section or division to the Louisiana Supreme Court and the local district attorney and sheriff the aggregate number of times each statute was allegedly violated by a child, the number of cases in which adjudicated juveniles violated probation, and the number of times a specific term of probation was violated, including but not limited to curfews, ankle bracelets, and house arrests.
C. The Louisiana Supreme Court may develop a form to be used by the courts for such reporting and provide by policy for the uniform definitions of terms so as to allow statistical analysis of the data and information submitted.
D. The local district attorney or sheriff, at his expense, may publish the data received in the official journal of the locality.
Acts 2012, No. 859, §1.
A. When any court of this state makes a written request, including telegraphic, teletyped or facsimile transmission requests, hereinafter "requesting court", of any other court, hereinafter "responding court", for the arrest, disposition, and other records relating to a juvenile currently within the jurisdiction of the requesting court, the responding court shall promptly comply with such requests by depositing the requested information in the mail, addressed to the requesting court, within ten days exclusive of legal holidays.
B. Failure to comply with the provisions of this Article shall subject the violating court to disciplinary action by the Supreme Court of Louisiana upon receipt by the judicial administrator of the supreme court of a written complaint, subsequently substantiated, by the requesting court.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
A. Notwithstanding any provision of law to the contrary, upon written request, reports and records concerning juvenile court proceedings shall be released to the sentencing judge when necessary for sentencing.
B. The request shall be complied with promptly; however, not more than ten days, exclusive of legal holidays, shall lapse after receipt of the request before the requested information is deposited in the mail, addressed to the requesting court. The court may postpone imposition of sentence until the report is received.
C. Except as provided for in Articles 412(G) and 891(D), the sentencing court shall not copy, duplicate, or otherwise reproduce such juvenile records, and the records shall be deposited in the mail, addressed to the issuing court, within three days after sentencing.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1993, No. 840, §1; Acts 1994, 3rd Ex. Sess., No. 23, §2; Acts 2017, No. 362, §1.
A. On its own motion, after a contradictory hearing with the district attorney, the court may order the destruction of:
(1) Any reports or records of criminal neglect of family proceedings brought pursuant to Chapter 2 of Title XIII of this Code, which have been inactive or closed for five years.
(2) Any other reports or records concerning matters or proceedings under its juvenile jurisdiction which have been inactive or closed for ten years.
(3) Domestic relations and adoption reports and records provided that the clerk of court has reproduced such records by any method of photorecording, photocopying, microfilming, or other photographic method of reproduction and such reproduction shall be retained permanently by the clerk of court. The film stock used in making photographic or microphotographic copies and the processing of the copies shall comply with the standards of the American National Standard Institute for permanent record photographic microcopying film, and any electronic media used shall comply with the standards of the International Standards Organization for electronic storage of records.
B. Any microfilmed or electronically digitized report or record, when certified by the clerk of court and satisfactorily identified, shall be deemed to be an original itself, and shall be admissible in evidence in all courts or administrative proceedings in any agency, whether the preexisting hard copy of the report or record is in existence or not, and an enlargement or facsimile of such a report or record is likewise admissible in evidence, if the microfilm or electronically digitized report or record is in existence and available for inspection under direction of the court or the administrative agency.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 2008, No. 482, §1.
A. A motion to destroy reports and records shall be served upon all of the following:
(1) The district attorney.
(2) The clerk of the court whose records are sought to be destroyed.
(3) The head of any agency whose reports and records are sought to be destroyed.
B. Service shall be in the manner provided for service of a petition.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
A. A judgment ordering destruction of reports and records shall be in writing and shall be served upon all of the following:
(1) The district attorney.
(2) The clerk of the court whose reports and records are to be destroyed.
(3) The head of the agency whose reports and records are to be destroyed.
B. Service shall be in the manner provided for service of a petition.
C. The judgment shall specify the manner and time within which the destruction is to be effected and shall also specify the limitations of Paragraph E of this Article.
D. The judgment may require the custodian of records to submit an affidavit to the court attesting that the reports and records have been destroyed.
E. Although the custodian of the records or report may keep a copy of the judgment ordering destruction, he shall not disclose the fact that such judgment is maintained or that the destroyed reports or records previously existed to anyone except upon written order of the court.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
When another statute uses the term "juvenile court" or "juvenile judge" for purposes of proceedings under this Code, those terms shall be construed to mean "court" or "judge" as defined in Article 116.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
A. The judge of the court may employ such stenographic, secretarial, and other personnel deemed necessary to make the functions of the court effective and provide adequate service.
B. The employment of such persons shall be at the expense of the court and, unless otherwise provided by law, shall be paid by the respective parishes.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
Each judge of the juvenile court is hereby authorized to employ a law clerk, provided funds are available, to perform such research duties as the judge who employs the law clerk may assign. The salary of each such law clerk shall be fixed and paid on the warrant of the employing judge.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
A. The court shall have the authority to commission probation officers, one of whom may be designated as chief probation officer or director of probation.
B. Probation officers shall have the power and authority to make arrests; to serve notices, orders, subpoenas, and writs; and to execute all orders and perform any other duties incident to their office. Nothing in this Paragraph shall be construed to relieve the sheriff from the duties as set forth in R.S. 13:5539.
C. Employment of probation officers by any court for its exclusive service shall in no way be affected by or limit the court in availing itself of the services of the officers or other employees as may be provided by the state.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 2024, No. 92, §1.
A. The judge, or a majority of the judges of a court, may appoint persons to serve as juvenile traffic referees to adjudicate and dispose of traffic violations, when authorized by local rule of court under Article 401. The adjudication and disposition shall be held in the parish where the juvenile is domiciled with his parent or tutor or the parish in which the child is residing. If the violation occurred in a different parish, the court in that parish shall transfer the case to the juvenile court in the parish where the child is domiciled or resides for adjudication and disposition.
B. Any person appointed to serve as a juvenile traffic referee shall have been admitted to the practice of law in this state for at least five years prior to his appointment and shall be domiciled in the district or parish in which the court is located.
C. Any person who is serving and, since September 6, 1985, has served as a juvenile traffic referee without having had the qualifications set forth in this Article may continue to serve in that capacity and all acts performed by such a person in that capacity from and after September 6, 1985, are hereby ratified, confirmed, and validated.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1993, No. 684, §1.
A.(1) The judge or judges of the court may appoint one or more hearing officers to hear child support and support-related matters and to conduct preadjudication hearings and resolve matters preliminary to adjudication in any proceeding authorized by this Code. The judge or judges of the court may request that the clerk of court supply additional personnel, subject to approval of the local governing authority, to support the functions of the additional hearing officers, the cost of which shall be paid by the court.
(2) Notwithstanding any other provisions to the contrary, the judge or judges of the court may authorize one or more hearing officers to accept any agreement reached in a mediation ordered by the court, pursuant to Chapter 6 of Title IV of this Code, regardless of the stage of the case which said agreement would adjudicate. In accepting the mediated agreement from the parties, the hearing officer shall be authorized to perform any duties described in Paragraph C of this Article, including but not limited to making such findings as may be required by law.
(3) No state funds shall be expended to cover the cost of hearing officers or additional personnel provided by the clerk of court.
B. The hearing officer shall be a full-time or part-time employee of the court and shall be an attorney who has practiced for five or more years before the juvenile court and is a member in good standing of the Louisiana State Bar Association. If a part-time employee, the limitations upon the hearing officer's practice of law shall be resolved by local rules.
C. The hearing officer shall perform such duties as are assigned in accordance with local rules not inconsistent with this Article or with the constitution and laws of the state, including:
(1) Administering oaths.
(2) Compelling the attendance of witnesses and issuing subpoenas.
(3) Taking testimony.
(4) Making a record of the hearings.
(5) Summarizing testimony, making findings of fact, and submitting a written recommendation to the court concerning the disposition of the assigned matter.
(6) Hearing and making recommendations on all restraining orders and protective orders filed in accordance with Articles 1569 and 1570.
D. In the performance of any judicial assignment, the hearing officer shall be bound by the provisions of this Code governing the authority and responsibility of a juvenile court judge.
E. The hearing officer shall file his report and recommendations with the court, and a copy shall be promptly provided to all parties or their counsel of record either at the hearing or by mail.
F. Within ten days after transmittal of the hearing officer's report and recommendation, any aggrieved party may serve and file objections in writing to findings or recommendations. The court will then hear the case de novo and enter judgment. For hearings utilizing the expedited process for establishment of paternity and establishment or enforcement of support, the delay for serving and filing objections shall be established pursuant to local rule as provided in R.S. 46:236.5.
G. If no objection has been timely filed and if the court approves the hearing officer's findings and recommendations, the court shall enter the proposed order as the judgment of the court which thereafter may be appealed in the same manner as any other appeal from any other judgment of the court.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1999, No. 861, §1; Acts 2001, No. 426, §1, eff. June 15, 2001; Acts 2003, No. 664, §1; Acts 2003, No. 891, §1; Acts 2005, No. 160, §1.
The purpose of CASA is to advocate for timely placement of children in permanent, safe, and stable homes.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1997, No. 904, §1, eff. July 10, 1997; Acts 1999, No. 275, §1, eff. July 1, 1999.
A. The court is authorized in child in need of care proceedings, or in any certification for adoption proceedings, and adoption proceedings arising from a child in need of care proceeding, or a safe haven relinquishment, to appoint a CASA program as defined in Article 116 to assist the court in fulfilling its duties and responsibilities to children brought into court.
B. Except as otherwise ordered by the court, the appointment of a CASA program for a child shall include subsequent proceedings through permanent placement of the child as defined by Article 603, including families in need of services or delinquency proceedings.
C. Upon appointment, the CASA program shall designate the individual CASA volunteer for assignment to the child. The CASA volunteer shall have as his special duty and responsibility the advocacy of the best interests of the child involved in the juvenile proceeding in which he is assigned.
D. CASA volunteers serve without compensation and at the pleasure of the court exercising juvenile jurisdiction. The judge of the court will first satisfy himself of the volunteer's qualifications, training, and ability to serve as a CASA volunteer, including his ability to represent and advocate the best interest of children assigned to him. No volunteer shall be assigned until a comprehensive criminal background check has been conducted.
E. All CASA volunteers shall:
(1) Be sworn by a judge of the court.
(2) Swear or affirm to abide by all laws, regulations, and orders of court.
(3) Swear or affirm to advocate what he perceives to be in the best interest of the child for whom he is assigned in all matters pending before the court.
Acts 1999, No. 275, §1, eff. July 1, 1999; Acts 2003, No. 609, §1; Acts 2008, No. 394.
To accomplish the assignment of a CASA volunteer, the court shall issue an order of assignment which shall grant the CASA volunteer the authority to review all relevant documents pursuant to Article 424.6 and to interview all parties and witnesses involved in the proceeding in which he is appointed. The court may also grant the CASA volunteer access to the home in which the child is placed.
Acts 1999, No. 275, §1, eff. July 1, 1999; Acts 2018, No. 320, §1.
Under the supervision of the CASA program, it shall be the duty of a CASA volunteer to:
(1) Provide independent, factual information to the court regarding the children and cases to which they are assigned.
(2) Advocate on behalf of the children involved in the cases in which they are assigned what they perceive to be in the best interest of the children.
(3) Monitor proceedings in cases in which they have been assigned and advise and assist the court in its determination of the best interest of the children involved.
Acts 1999, No. 275, §1, eff. July 1, 1999.
A. The CASA volunteer shall be notified by the court of all court proceedings and hearings of any kind pertaining to a child for whom he is assigned.
B. The CASA volunteer shall be notified by the department and shall be entitled to attend all administrative review hearings and family team meetings concerning the case to which he has been assigned, unless the parent objects.
Acts 1999, No. 275, §1, eff. July 1, 1999; Acts 2018, No. 320, §1.
A. The CASA volunteer shall be entitled to attend all court proceedings and hearings of any kind pertaining to a child for whom he is assigned.
B. The CASA volunteer may be called as a witness in the proceedings by any party or by the court and may request of the court the opportunity to appear as a witness.
Acts 1999, No. 275, §1, eff. July 1, 1999.
A. The CASA volunteer shall be given access to all portions of the court record relating to proceedings pertaining to a child for whom he is assigned and to the child's family.
B. Upon application to the court and notice to all parties, the court shall grant the CASA volunteer access to other information, including the department records as provided in R.S. 46:56, relating to the child and his family and to other matters involved in the proceeding in which he is appointed.
C. All records and information requested or reviewed by the CASA volunteer in the course of his assignment shall be deemed confidential and shall not be disclosed by him except pursuant to court order. Such material will only be disclosed as directed by court order and will be subject to whatever protective order the court deems appropriate.
Acts 1999, No. 275, §1, eff. July 1, 1999.
A. The CASA program shall submit reports to the court. Except as provided in Paragraph B, it shall distribute a copy of such reports, prior to or at the same time it is submitted to the court, to all counsel of record, any unrepresented party, and the department.
B. CASA reports may be subject to a protective order upon the request of the CASA volunteer, a party or party's attorney, or by the action of the judge.
Acts 1999, No. 275, §1, eff. July 1, 1999; Acts 2001, No. 567, §1.
The CASA volunteer may request a hearing before the court for any of the following reasons:
(1) The case plan on behalf of the child is not being implemented or adhered to by any party.
(2) The plan is not meeting the child's needs.
(3) Other reasons in the best interests of the child.
Acts 1999, No. 275, §1, eff. July 1, 1999.
All records maintained by the CASA volunteer and the CASA program shall be confidential and shall not be disclosed except as provided by Article 412.
Acts 1999, No. 275, §1, eff. July 1, 1999.
No cause of action shall exist against any CASA volunteer, director, employee, staff, or volunteer who in good faith makes a report, cooperates in an investigation by an agency, or participates in judicial proceedings. Each such person shall have immunity from civil or criminal liability that might otherwise be incurred or imposed. This immunity from liability shall not extend to:
(1) An alleged principal, conspirator, or accessory to an offense involving the abuse or neglect or sexual exploitation of a child.
(2) A person who makes a report known to be false or with reckless disregard for the truth of the report.
(3) The unauthorized divulging of confidential information occasioned by the CASA volunteer's gross fault or gross neglect.
Acts 1999, No. 275, §1, eff. July 1, 1999.
Each court shall have power to frame and publish rules of procedure for the conduct of its officers and employees.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
Provisions for extra compensation and for extra expense allowances for courts serving as juvenile courts shall apply to courts exercising juvenile jurisdiction under this Code.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
A. Court clerks shall perform all duties generally required by law of clerks and all duties specifically required under the provisions of this Code.
B. Court clerks shall have all powers and authority granted by law.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
The purpose of mediation is to encourage and assist parties to reach their own mutually acceptable settlement by facilitating communication, helping to clarify issues and interests, fostering joint problem-solving, and exploring settlement alternatives.
Acts 1999, No. 894, §1.
(1) "Approved register" means the register of qualified mediators prepared and maintained by the Alternative Dispute Resolution Section of the Louisiana State Bar Association.
(2) "Mediation" is a procedure in which a mediator facilitates communication between the parties concerning the matters in dispute and explores possible solutions to promote reconciliation, understanding, and settlement.
(3) "Mediation parties" means:
(a) In a child in need of care proceeding, a representative of the Department of Children and Family Services, the parent, and the child.
(b) In a delinquency proceeding, the alleged victim and offender.
(c) In a families in need of services proceeding, the parent and the child and any other person involved in the complaint including, in truancy cases, a school representative, and, in offense cases, the alleged victim.
(4) "Mediator" is a third-party neutral who assists the parties in attempting to reach an agreement and who lacks the authority to impose any particular agreement upon them or to recommend any particular disposition of the case to the court.
Acts 1999, No. 894, §1.
A. At any time the court may order the referral for mediation in any proceeding authorized by this Code, except domestic abuse assistance proceedings brought pursuant to Chapter 8, Title XV.
B. The referral order shall recite that while the parties must attend a scheduled mediation session and must attempt to mediate in good faith, they are not required to reach an agreement.
Acts 1999, No. 894, §1; Acts 2007, No. 396, §1; Acts 2017, No. 359, §§1, 4, special eff. date.
A. Once an order referring a case for mediation has been signed, the parties are encouraged to mutually agree upon a person to be appointed as the mediator from among those qualified in accordance with Article 439. Upon such agreement, the parties shall submit the mediator's name to the court and the court shall enter an order of appointment.
B. A mediator may decline a proposed appointment.
C. If the parties fail to agree upon a mediator within fifteen days after the signing of the referral order or if a mediator has declined appointment, the court may appoint a mediator who meets the qualifications of Article 439 and who is willing to serve or the court may return the case to the docket for further proceedings.
D. Upon notice of appointment, a mediator must disclose to the parties and the court any representation, consultation, or any other professional or personal relationship with any party or counsel that might reasonably raise a question about the mediator's impartiality. The burden of disclosure rests on the mediator. After appropriate disclosure, the mediator may serve if both parties so desire with the approval of the court. If the mediator believes or perceives that there is a clear conflict of interest, he should withdraw, irrespective of the expressed desires of the parties.
E. At any time during the pendency of the proceedings the court may revoke the mediator's appointment upon motion of any party on grounds of the mediator's lack of qualifications or lack of impartiality.
Acts 1999, No. 894, §1; Acts 2001, No. 567, §1.
A. In order to serve as a qualified mediator in any dispute arising under the provisions of this Code, in a court of original juvenile jurisdiction, a person shall meet all of the following criteria:
(1)(a) Possess a four-year college degree and complete a minimum of forty hours of general mediation training and twenty hours of specialized training in the mediation of juvenile court disputes; or
(b) Possess a four-year college degree and hold a license as an attorney, psychiatrist, psychologist, social worker, marriage and family counselor, professional counselor, or clergyman and complete a minimum of twelve hours of general mediation training and twenty hours of specialized training in the mediation of juvenile court disputes.
(2) Complete a minimum of eight hours of juvenile co-mediation training under a course that has been approved by the Louisiana State Bar Association, Alternative Dispute Resolution Section, or under the direct supervision of a juvenile mediator who is qualified under the provisions of Subparagraph (B)(1) of this Article, or a mediator who is qualified under the provisions of R.S. 9:334 and who has served as a dispute mediator for a minimum of fifty hours.
B.(1) Mediators who prior to August 15, 1999, satisfied the provisions of Subparagraph (A)(1) of this Article and served a minimum of fifty hours as a juvenile court dispute mediator are not required to complete eight hours of co-mediation training in order to serve as a qualified mediator and are qualified to supervise co-mediation training as provided in Subparagraph (A)(2) of this Article.
(2) Any person who has served as a Louisiana city, parish, family, juvenile, district, appellate, or supreme court judge for at least ten years and who is no longer serving as a judge shall be deemed qualified to serve as a mediator in juvenile court disputes if the co-mediation requirements of Subparagraph (A)(2) of this Article are completed and:
(a) The former judge has actually served as a judge in juvenile cases at the trial court level for at least three years and completes a minimum of twelve hours of general mediation training; or
(b) The former judge completes at least twenty hours of specialized mediation training in juvenile court disputes.
C. Specialized training in the mediation of juvenile court disputes shall include clinical training in the development and practice of negotiation and mediation skills and instruction concerning these subjects:
(1) Judicial procedure in juvenile cases.
(2) Ethical standards, including confidentiality and conflicts of interest.
(3) Child development.
(4) Family systems theory, including family conflict.
(5) Mediation process and required document execution.
(6) The dynamics of child abuse and neglect, delinquency, and rehabilitation.
(7) Substantive state and federal law, including but not limited to Adoption and Safe Families Act of 1997 (Public Law 105-89).
D. In order to remain qualified, a mediator shall complete a minimum of twenty hours of clinical education in dispute mediation every two years.
E. A mediator shall furnish satisfactory evidence of his qualifications upon request.
F. The Louisiana State Bar Association, Alternative Dispute Resolution Section, may promulgate rules and regulations governing dispute mediator registration and qualifications and may establish a fee not to exceed one hundred dollars for registration sufficient to cover associated costs. A person denied listing in the approved register may request a review of that decision by a panel of three members of the Louisiana State Bar Association, Alternative Dispute Resolution Section.
G. For purposes of this Article, an "hour" means a period of at least sixty minutes of actual instruction.
Acts 1999, No. 894, §1; Acts 2001, No. 567, §1; Acts 2006, No. 472, §1; Acts 2008, No. 631, §2.
A. The mediator shall assist the parties in formulating an agreement to mediate. The agreement shall be in writing, dated, and signed by the parties. It shall identify the controversies between the parties, affirm the parties' intent to resolve these controversies through mediation, and specify the circumstances under which the mediation may continue.
B. A mediator shall not knowingly assist the parties in reaching an agreement which would be unenforceable for reasons such as fraud, duress, overreaching, the absence of bargaining ability, or unconscionability.
C. Prior to signing such an agreement, the mediator shall advise the parties that each of them may obtain review by an attorney of any agreement reached as a result of the mediation.
D. The mediator shall at all times be impartial.
Acts 2001, No. 567, §1.
Upon issuing a referral for mediation, the court may stay the proceeding and order a review of the mediation within sixty days of the referral. The court may extend such period for an additional thirty days.
Acts 1999, No. 894, §1.
A. All oral and written communications and records made during the mediation of a juvenile proceeding are not subject to disclosure and may not be used as evidence in any judicial or administrative proceeding unless:
(1) The communication or record presented in the course of mediation is otherwise subject or is otherwise admissible if based on proof independent of the mediation.
(2) All parties and the mediator specifically agree in writing to waive confidentiality.
(3) Whenever the mediator has cause to believe that a child's physical or mental health or welfare is endangered by abuse or neglect, he shall report and refer the charges to the local child protection unit of the Department of Children and Family Services in accordance with Article 610.
(4) Disclosure is permitted by Paragraph B of this Article.
B. The mediator, parties, counsel, and other participants shall not be required to testify or otherwise make disclosure through discovery and are not subject to subpoena except:
(1) The mediator may report to the court whether the parties appeared as ordered, whether mediation took place, and whether a settlement resulted.
(2) The mediator may maintain records of mediation cases and may use data for research, training, or statistical reports to the court, provided all individual identifying information about the clients is removed.
(3) The court may compel testimony or documents in a contempt proceeding alleging that a party failed to comply with a court order referring the case for mediation; however, the disclosure of any communications and records made during the course of the mediation shall be strictly limited to the issue of noncompliance with the court's order.
(4) A court or administrative tribunal may compel testimony in a proceeding concerning the professional competence or ethics of the mediator or otherwise if necessary to prevent fraud or manifest injustice.
C. In any judicial or administrative proceeding in which disclosure is sought, the court shall determine in camera whether the facts, circumstances, and context of the communications or records warrant a breach of confidentiality in accordance with this Article.
D. The confidentiality protections of this Article are in addition to other provisions governing the confidentiality of juvenile court proceedings contained in this Code.
Acts 1999, No. 894, §1.
A. Either party may withdraw and terminate further participation in mediation at any time.
B. The mediator shall terminate mediation when:
(1) The mediator concludes that the participants are unable or unwilling to participate meaningfully in the process or that an agreement is unlikely.
(2) The mediator concludes that a party lacks the capacity to perceive and assert his own interests to the degree that a fair agreement cannot be reached.
Acts 1999, No. 894, §1.
A. If any agreement is reached by the parties, the mediator shall prepare a written document that contains the details of the agreement between or among the parties.
B. A proposed consent judgment incorporating the agreement shall be prepared by the mediator, signed by the parties, and submitted to the court for its consideration. If approved, the judgment shall be signed and filed in the record.
C. If no agreement has been reached, the mediator shall report that fact to the court without violating the policy of confidentiality of Article 441.
Acts 1999, No. 894, §1; Acts 2001, No. 567, §1.
A. The court has the continuing responsibility for monitoring the conduct of any mediator to whom the court has referred a case. In fulfilling that responsibility to ensure quality control, the court shall order the mediator to prepare regular statistical reports regarding cases referred for mediation. The court shall also seek evaluations of mediator competence from the parties, counsel, or other participants.
B. For the violation of the provisions of this Chapter, the court may institute proceedings for contempt against a mediator, party, counsel, or other participants.
Acts 1999, No. 894, §1.
Pursuant to Article 401, each court is authorized to adopt additional local rules as needed in order to implement mediation to resolve disputes in juvenile proceedings.
Acts 1999, No. 894, §1.
The legislature finds that the use of a multidisciplinary investigative team response to the investigation and disposition of allegations of child sex abuse or allegations of other serious physical abuse and the use of child advocacy centers will encourage agency cooperation, expedite the resolution of allegations, minimize the trauma to children and their families, and otherwise serve the best interests of the children of Louisiana. In accordance with Article V, Section 27 of the Constitution of Louisiana, nothing in this Title will in any way preclude the sheriff, as the chief law enforcement officer of the parish, from taking any action deemed necessary in cases of alleged child abuse or neglect.
Acts 1994, 3rd Ex. Sess., No. 69, §1, eff. July 7, 1994; Acts 1995, No. 1305, §1, eff. June 29, 1995; Acts 2003, No. 749, §1.
For the purposes of this Title, the following terms have the following meanings, unless the context clearly indicates otherwise:
(1) "Abuse" means any one of the following acts that seriously endanger the physical, mental, or emotional health, welfare, and safety of the child:
(a) The infliction, attempted infliction, or, as a result of inadequate supervision, the allowance of the infliction or attempted infliction of physical or mental injury upon the child by a parent or any other person.
(b) The exploitation or overwork of a child by a parent or any other person.
(c) The involvement of the child in any sexual act with a parent or any other person, the aiding or toleration by the parent or the caretaker of the child's sexual involvement with any other person, the child's involvement in pornographic displays, or any other involvement of a child in sexual activity constituting a crime under the laws of this state.
(d) Female genital mutilation as defined by R.S. 14:43.4.
(2) "Child" means a person under the age of eighteen years who has not been judicially emancipated or emancipated by marriage as provided by law.
(3) "Child pornography" or "child sexual abuse materials" means visual depiction of a child engaged in actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals.
(4) "Crime against the child" shall include the commission of or the attempted commission of any of the following crimes against the child as provided by federal or state statutes:
(a) Homicide.
(b) Battery.
(c) Assault.
(d) Rape.
(e) Sexual battery.
(f) Kidnapping.
(g) Criminal Neglect.
(h) Criminal Abandonment.
(i) Repealed by Acts 2014, No. 602, §7, eff. June 12, 2014.
(j) Carnal knowledge of a juvenile.
(k) Indecent behavior with juveniles.
(l) Child sexual abuse materials.
(m) Molestation of a juvenile.
(n) Crime against nature.
(o) Cruelty to juveniles.
(p) Contributing to the delinquency or dependency of children.
(q) Sale of minor children.
(r) Female genital mutilation.
(5) "Neglect" means the unreasonable refusal or failure of a parent or caretaker to supply the child with necessary food, clothing, shelter, care, treatment, or counseling for any injury, illness, or condition of the child, as a result of which the child's physical, mental, or emotional health, welfare, and safety is substantially threatened or impaired. Consistent with Article 606(B), the inability of a parent or caretaker to provide for a child's basic support, supervision, treatment, or services due to inadequate financial resources shall not, for that reason alone, be considered neglect. Whenever, in lieu of medical care, a child is being provided treatment in accordance with the tenets of a well-recognized religious method of healing that has a reasonable, proven record of success, the child shall not, for that reason alone, be considered to be neglected or maltreated. However, nothing in this Subparagraph shall prohibit the court from ordering medical services for the child when there is substantial risk of harm to the child's health, welfare, or safety.
(6) "Nonprofit corporation" means a corporation formed in accordance with the provisions of Chapter 2 of Title 12 of the Louisiana Revised Statutes of 1950.
Acts 1994, 3rd Ex. Sess., No. 69, §1, eff. July 7, 1994; Acts 1995, No. 1305, §1, eff. June 29, 1995; Acts 2003, No. 749, §1; Acts 2014, No. 602, §7, eff. June 12, 2014; Acts 2018, No. 458, §2; Acts 2022, No. 272, §1; Acts 2025, No. 261, §6.
Repealed by Acts 2003, No. 749, §2.
Repealed by Acts 1995, No. 1305, §1, eff. June 29, 1995.
Repealed by Acts 1995, No. 1305, §1, eff. June 29, 1995.
The purpose of this Part is to protect children whose physical or mental health and welfare is substantially at risk of harm by sexual abuse, other physical abuse, neglect, or exploitation and who may be further threatened by the conduct of others, by providing a formal, comprehensive, integrated, multidisciplinary response to the investigation and disposition of cases of child abuse; by expediting and improving the validation or invalidation of such allegations for the benefit of the child, his family and any accused perpetrator; by encouraging the use of collaborative decisionmaking and case management thereby reducing to a minimum the number of times a child victim is questioned and examined, thus preventing further trauma to the child; by coordinating a therapeutic services program thereby providing safety and treatment for a child victim and his family; by developing communication and case coordination among community professionals and agencies who are involved in child protection; by collecting data needed to continually improve cooperative interagency investigations; and, by maintaining the confidentiality of agency records, to ensure the protection of the privacy of the child, his family and any accused perpetrator.
Acts 2003, No. 749, §1.
A. Not later than February 15, 2004, a multidisciplinary investigative team shall be established for the investigation of child abuse within each judicial district.
B. The team shall be responsible for the investigation of all child sexual abuse cases, abuse and neglect cases involving allegations of the commission of a felony-grade crime against a child, and any other case involving trauma to a child, in accordance with their agency scope of services, which is referred to the team by any member and accepted by the team for investigation in compliance with the interagency protocols developed and instituted in accordance with Articles 509 and 510 of this Part.
C. Each team shall develop and institute interagency protocols in accordance with Articles 509 and 510 of this Part.
Acts 2003, No. 749, §1.
A. In each judicial district, the district attorney or his designee shall establish a child abuse protocol committee and convene its meetings.
B. At a minimum, each committee shall include the following members:
NOTE: Paragraph B(1) eff. until October 1, 2027. See Acts 2025, No. 477.
(1) A representative of the office of children and family services, Department of Children and Family Services.
NOTE: Paragraph B(1) as amended by Acts 2025. No. 477, eff. October 1, 2027.
(1) A representative of the office of child welfare, Department of Children and Family Services.
(2) The district attorney or his designee.
(3) The coroner or his designee who has responsibility in the district for the investigation of child abuse cases or expertise in the evaluation of child victims.
(4) A representative of the sheriff and of any other law enforcement agency having responsibility in the district for the investigation of child abuse.
(5) A licensed mental health professional who is experienced in the evaluation of child victims.
(6) A licensed medical professional who is experienced in the evaluation of child victims.
(7) A representative of a child advocacy center that is serving the district or if there is no child advocacy center, a child advocate who is appointed by the juvenile court, or if there is no juvenile court, a child advocate appointed by the division of the district court that hears juvenile cases.
(8) A representative of any other community agency which in the opinion of other team members would contribute to the development of comprehensive and integrated protocols.
C. The committee shall confect protocols in accordance with Article 510 of this Part and shall meet as often as needed to complete that task no later than August 15, 2006. Thereafter, the committee shall be convened upon the request of any team member in order to consider any proposed modifications to the existing protocols.
Acts 2003, No. 749, §1; Acts 2025, No. 477, §1, eff. Oct. 1, 2027.
A. The interagency protocols for the multidisciplinary investigation of allegations of child abuse shall include but not be limited to agreement about the following issues:
(1) Identification of cases in which joint investigations are necessary or appropriate in accordance with Article 508 of this Part.
(2) Identification of community agencies and professions that should be permanent or ad hoc members of the multidisciplinary investigative team in accordance with Article 512 of this Part.
(3) Procedures for conducting joint investigations in emergency and nonemergency cases, including notification of team members about an investigation and a description of each agency's role and responsibilities.
(4) Procedures for ensuring that interviews of the child victim are conducted in a neutral, legally sound manner and by a qualified forensic interviewer, except when the circumstances of the particular case justify the assignment of another interviewer.
(5) Procedures for reducing the risk of harm to child victims, including ensuring that the child is in a safe surrounding, and when necessary the removal of the alleged perpetrator.
(6) Procedures for reducing the number of interviews of the child victim and the use, if available, of a child advocacy center.
(7) Procedures for developing a service and treatment plan for the child victim and his family.
(8) Procedures for respecting the confidentiality of agency records and information, and a policy identifying the conditions for the sharing of information.
(9) Administrative procedures, including the scheduling of team meetings and the designation of leadership roles.
(10) Any other procedures to avoid duplication of fact-finding efforts and interviews of the child.
B. The interagency protocols shall be in writing and signed by each member of the committee and by any other person with authority to bind a represented organization. A copy shall be filed with the juvenile courts, or if there is no juvenile court, with the division of the district court that hears juvenile cases, and also furnished to every agency involved in the investigation of child abuse or treatment of child victims.
C. No agreement made pursuant to this Article shall relieve any public agency of any obligation or responsibility otherwise imposed upon it by law, except that actual and timely performance by an intergovernmental legal entity created to perform joint intergovernmental functions by an agreement made under this Article may be offered in satisfaction of the obligation or responsibility.
Acts 2003, No. 749, §1.
A. In order to serve as a qualified forensic interviewer of children, a person shall:
(1) Possess a relevant educational or experiential background, preferably a college degree, or work experience in a field related to sociology, social work, education, criminal justice, nursing, psychology, counseling, or a similarly applied human services specialty.
(2) Complete a minimum of twenty-five hours of clinical training in interviewing traumatized children.
(3) Complete a minimum of eight hours of interviewing under the supervision of a qualified forensic interviewer of children.
(4) Demonstrate knowledge of investigations of child abuse and neglect, as well as knowledge of child development through coursework, professional training or experience.
(5) Maintain membership in appropriate national professional organizations that report research findings and offer opportunities for other continuing education for the enhancement of its members' knowledge and specialization.
B. In order to remain qualified, a forensic interviewer of children shall complete a minimum of twenty hours of additional clinical training every two years.
C. A forensic interviewer of children shall furnish satisfactory evidence of his qualifications.
D. The cost of employing and training the forensic interviewer is to be decided on in the interagency protocols developed and instituted in accordance with Articles 509 and 510 of this Part, and is not the responsibility of member agencies unless agreed to in the protocols.
Acts 2003, No. 749, §1.
A. The permanent members of the multidisciplinary investigative team shall include governmental entities and other professions with an expertise in evaluating child abuse.
B. Governmental entities that have responsibilities imposed by law for the investigation of child abuse include:
NOTE: Paragraph B(1) eff. until October 1, 2027. See Acts 2025, No. 477.
(1) The office of children and family services, Department of Children and Family Services.
NOTE: Paragraph B(1) as amended by Acts 2025, No. 477, eff. October 1, 2027.
(1) The office of child welfare, Department of Children and Family Services.
(2) The district attorney.
(3) The sheriff and any other law enforcement agency having responsibility in the district for the investigation of child abuse.
(4) The coroner or his designee who is a licensed medical professional with experience in the investigation of child abuse or the evaluation of child victims.
C. Professionals whose expertise can contribute significantly to the investigation and evaluation of allegations of child abuse or to the provision of services to child victims and their families include:
(1) A licensed medical professional with experience in the investigation of child abuse or the evaluation of child victims.
(2) A licensed mental health professional with experience in the investigation of child abuse or the evaluation of child victims.
(3) A representative of a child advocacy center that serves the judicial district or if no center exists within the district, a child advocate who is appointed by the juvenile court, or if there is no juvenile court, the division of the district court that hears juvenile cases, to ensure that the best interests of children remain at the forefront of planning and decisionmaking.
(4) A representative of any community agency or other professional who is knowledgeable about child abuse and who might contribute to the decisionmaking process involving the investigation, evaluation or treatment of child victims of abuse.
(5) The victim assistance coordinator of the judicial district.
D. As needed for a particular child abuse case, the team may include an ad hoc representative of any other community agency or a professional who can contribute to the investigation of the specific case or types of cases.
Acts 2003, No. 749, §1; Acts 2025, No. 477, §1, eff. Oct. 1, 2027.
A multidisciplinary team may obtain all information necessary to perform its official duties from any public agency, department or other organization, including material otherwise made confidential or privileged. Any confidential or privileged material or verbal information obtained by a team member during an investigation shall be disclosed only as necessary to other team members, and shall not be disclosed to any agency or individual not represented on the multidisciplinary team unless otherwise required by law.
Acts 2003, No. 749, §1.
A. In the consideration of any child abuse case, a member of a multidisciplinary team shall not be liable for civil damages while acting in the official scope of his duties if the member, in good faith, refers a report of alleged child abuse for investigation, conducts an investigation, makes an investigative judgment or disposition, or releases or uses information for the purpose of protecting a child.
B. The limitation of civil liability in Paragraph A of this Article does not apply if a multidisciplinary team member acts with gross negligence or in bad faith.
Acts 2003, No. 749, §1.
The purpose of this Chapter is to protect children whose physical or mental health and welfare is substantially at risk of harm by sexual abuse, other physical abuse, neglect, or exploitation, and who may be further threatened by the conduct of others, by providing for interprofessional and interagency cooperation in the investigation of such allegations; by facilitating the exchange of information among agencies, serving as a meeting place of multidisciplinary investigative teams, and as a place of referral for interviewing child victims; by using a multidisciplinary team and case management approach thereby reducing to a minimum the number of times a child victim is questioned, thus reducing further trauma to the child; by providing for the training and continuing education of skilled professional interviewers of child victims; by collecting data, thereby improving cooperative interagency investigations; by providing the services needed by child victims and their families thereby assisting them in their recovery process; by maintaining the confidentiality of center records, in order to ensure the protection of the privacy of the child, his family, and any accused perpetrator; and by developing community outreach programs, thereby enhancing the community's understanding of child abuse.
Acts 2003, No. 749, §1.
A. A child advocacy center is established and becomes subject to the provisions of this Chapter when all of the following have been accomplished:
(1) There is a multidisciplinary investigative team that is operational within the judicial district and in full compliance with the requirements of Part II of Chapter 1 of this Title.
NOTE: Paragraph A(2) eff. until October 1, 2027. See Acts 2025, No. 477.
(2) An agreement to use the services of a child advocacy center has been executed by representatives of the district attorney, the office of children and family services, Department of Children and Family Services, the coroner, the sheriff, and any other law enforcement agency having responsibility in the district for the investigation of child abuse.
NOTE: Paragraph A(2) as amended by Acts 2025, No. 477, eff. October 1, 2027.
(2) An agreement to use the services of a child advocacy center has been executed by representatives of the district attorney, the office of child welfare, Department of Children and Family Services, the coroner, the sheriff, and any other law enforcement agency having responsibility in the district for the investigation of child abuse.
(3) A nonprofit corporation certificate of incorporation has been issued or an agreement to create and assume responsibility for a child advocacy center has been executed by an existing nonprofit corporation or governmental unit.
B. A child advocacy center established before August 15, 2003, has six months from that date in which to revise, if necessary, its policies and procedures to comply with the requirements of this Chapter.
C. A child advocacy center may be established to serve the children and families of one or more judicial districts or parts thereof.
Acts 2003, No. 749, §1; Acts 2025, No. 477, §1, eff. Oct. 1, 2027.
A. A child advocacy center established after August 15, 2003, as an independent nonprofit corporation shall be governed by a child advocacy board of directors, hereafter referred to as a "board", broadly representative of the community and organized in conformity with this Article. If a child advocacy center is a nonprofit corporation established before August 15, 2003, the corporation has until November 13, 2003, in which to revise, if necessary, its policies and procedures to comply with the requirements of this Chapter. All other Child Advocacy Centers under an umbrella of nonprofit corporations shall organize advisory councils or other groups that are broadly representative of the community and organized as nearly practicable in accordance with this Article to advise the corporation.
B. By a majority vote, the board shall adopt a written set of bylaws, multidisciplinary team investigative protocols in accordance with Articles 510 and 512 of this Title, interviewing guidelines and other written policies required by Article 524 of this Title, and a confidentiality policy in accordance with Article 525 of this Title. The board may add other bylaws or protocols as needed from time to time.
C. By a majority vote, the board shall also adopt necessary administrative policies and procedures, including provision for employees' job descriptions, supervision, salary, insurance and other benefits, liability coverage, and a policy of nondiscrimination in hiring or service.
D.(1) The board shall employ a director and such additional administrative and service staff as needed to offer services.
(2) The board shall also cause the sheriff and the Department of Children and Family Services to request that the Louisiana Bureau of Criminal Identification and Information conduct an examination of the criminal history record and identification files of the bureau for any applicant seeking employment at a child advocacy center. The sheriff and the department shall provide a written certificate indicating whether any information was discovered or that no information was found, all in accordance with the applicable rules and regulations promulgated by the department.
(3) The board, to the fullest extent possible, shall strive to hire employees who reflect the diversity of the served community.
E. The board shall have authority to accept any funds appropriated by the state or by any local governmental unit, any funds or grants allocated to it by any agency of the state or local governmental unit, and by any private donations. The board shall also have authority to apply for, receive, and administer any federal or state grants in its own name.
F. Unless specifically provided for by this Article or by the provisions of the bylaws, the board and the operations of a child advocacy center shall be governed by the provisions of Chapter 2 of Title 12 of the Louisiana Revised Statutes of 1950.
Acts 2003, No. 749, §1.
A. Every child advocacy center shall seek full membership in the National Children's Alliance and remain in full compliance with its standards and shall be accredited and periodically reaccredited as required by the standards of the National Children's Alliance. The cost of application for membership, accreditation and reaccreditation by the National Children's Alliance will be the sole responsibility of the child advocacy center seeking such membership, accreditation or reaccreditation.
B. A child advocacy center shall be governed and managed so as to provide at a minimum, for the following:
(1) A comfortable, private setting that is both physically and psychologically safe for children.
(2) Sound program, fiscal and administrative practices.
(3) Policies, practices and procedures that are culturally competent. Cultural competency is defined as the capacity to function in more than one culture, requiring the ability to appreciate, understand and interact with members of diverse populations within the local community.
(4) A multidisciplinary investigative team in accordance with Article 522 of this Title that is diverse and expert.
(5) A written set of interagency protocols for an interdisciplinary and coordinated approach to the investigation of child abuse in accordance with Articles 510, 512, and 522 of this Title.
(6) Compliance with Article 511 of this Title and other policies, practices and procedures that require forensic interviews to be conducted in a manner which is neutral and fact-finding and coordinated to avoid duplicative interviewing.
(7) Specialized medical evaluations and treatment as part of the multidisciplinary investigative team response, either at the center or through coordination with and referral to other appropriate treatment providers.
(8) Specialized mental health services as part of the multidisciplinary investigative team response, either at the center or through coordination with and referral to other appropriate treatment providers.
(9) Victim support and advocacy as part of the multidisciplinary investigative team response, either at the center or through coordination with and referral to other appropriate treatment providers.
(10) A routine interdisciplinary case review process for purposes of decisionmaking, problem solving, systems coordination and information sharing concerning case status and services needed by the child and family.
(11) A comprehensive tracking system for monitoring case process and tracking case outcomes for team members consistent with ensuring confidentiality in accordance with Article 525 of this Title.
(12) A process for evaluating its effectiveness and its operations.
C. In addition, a center may provide space for medical evaluation, therapeutic intervention, support services for child abuse victims and their families, and community education about child abuse. It may also provide specialized interdisciplinary training for professionals involved with child abuse victims and their families and provide any other assistance or service approved by the center's board.
Acts 2003, No. 749, §1.
A. The files, reports, records, communications, working papers or videotaped interviews used or developed in providing services under this Chapter are confidential and not subject to the public records, R.S. 44:1 et seq. Disclosure may only be made to a member of a multidisciplinary investigative team who is engaged in the investigation of a particular case and who needs access to the information in order to perform his duties for purposes consistent with this Chapter.
B. Any public or private department, agency or organization may share with a child advocacy center information that is made confidential by law when it is needed to provide or secure services under this Chapter. Confidential information shared with or provided to a center remains the property of the providing organization.
Acts 2003, No. 749, §1.
A. A board member, staff member, or volunteer of a child advocacy center shall not be liable for civil damages, while acting in the official scope of his or her duties, if the person in good faith makes a recommendation, gives an opinion or releases or uses information for the purpose of protecting a child.
B. The limitation of civil liability in Paragraph A of this Article does not apply if a board member, staff member, or volunteer of a child advocacy center acts with gross negligence or in bad faith.
Acts 2003, No. 749, §1.
The legislature finds that the establishment of the Children's Advocacy Clearinghouse by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice for the processing of child sex abuse cases among the various responsible agencies is in the best interest of the children of Louisiana.
Acts 2003, No. 749, §1.
The Children's Advocacy Clearinghouse is hereby created and established under the jurisdiction of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice in the office of the governor.
Acts 2003, No. 749, §1.
The Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall:
(1) Assist local law enforcement and prosecutorial agencies in the development of programs, resources, or expertise which promote the detection and prosecution of offenders committing crimes of sexual abuse against children.
(2) Provide information relative to child sexual abuse, child sexual abuse programs, including programs dealing with prevention, detection, and treatment of sex abuse to various units of state and local government and other interested parties.
(3) Assist units of local government and qualified private nonprofit institutions in identifying sources of funding to begin the operation of coordinated children's advocacy programs in the state.
Acts 2003, No. 749, §1.
A. In an effort to reform and restructure the juvenile justice system and to improve the availability and quality of programs and services available to assist children who are at risk of becoming part of the system, as well as those who are already involved in the juvenile justice system, the legislature supports interagency efforts to gather comprehensive data and to actively share and disseminate data among those agencies responsible for making informed decisions regarding the treatment, care, security, and rehabilitation of children within the state.
B. The legislature finds that the sharing and integration of appropriate data and information may have numerous benefits for the children and families involved in the juvenile justice system, as well as for the state and local agencies attempting to provide services for them.
C. The legislature finds that such data sharing and integration can serve the best interests of the child and the family, contribute to higher levels of effectiveness in service delivery, greater efficiency and productivity, and eventually reductions in the costs of juvenile justice services. Specifically, such data sharing and integration can reduce redundant data entry, expedite the processing of cases, provide for more timely service delivery, ensure more accurate and up-to-date information, assist in the development of a seamless system of services, and contribute to better performance and greater accountability by all involved parties.
D. The legislature finds that the goals and purposes of this Chapter, including the goal to develop a seamless system of services for children and their families, would be furthered by the development of a central repository of data for planning and evaluation purposes and urges the Children's Cabinet to work towards the development of such a central repository.
Acts 2005, No. 119, §1, eff. Jan. 1, 2006.
For the purposes of this Chapter, "juvenile justice system" means the system of public and private services in Louisiana that includes prevention, early identification, early intervention, child protection, law enforcement, prosecution, defense, adjudication, diversion and informal processing, probation, corrections, aftercare, transitional living, and other services provided to children and families who either are or are likely to be brought into a court with juvenile jurisdiction because of problems such as abuse, neglect or abandonment, mental illness, substance abuse, aspects of a divorce and breakup of families, pre-delinquency, social irresponsibility or delinquent behavior, or spousal abuse involving children.
Acts 2005, No. 119, §1, eff. Jan. 1, 2006.
A. Through the Children's Cabinet, the agencies specified in Article 543(F) shall develop policies to facilitate interagency information sharing in the most effective and expeditious manner. However, the adoption of formal policies shall not be prerequisite to the implementation of the provisions of this Chapter.
B. The Children's Cabinet shall facilitate the development of interagency agreements and cooperation regarding the sharing of data concerning children and families involved in the juvenile justice system.
C. Interagency agreements shall include provisions regarding the specific data to be shared among agencies, the person or persons allowed by each party to have access to the other party's data, and the security arrangements between parties to ensure the protection of the data from unauthorized access that may threaten the privacy of persons and the confidentiality of the data.
D. Interagency agreements shall be in writing and a copy shall be furnished to the court exercising juvenile jurisdiction, the Children's Cabinet, and to each agency involved in the treatment, care, and rehabilitation of the child.
E. The Children's Cabinet shall provide procedures, which may include a forum, for the presentation of interagency recommendations and the resolution of disagreements relating to the contents of interagency agreements or the performance by the parties of their respective obligations under such agreements.
F. Agencies involved in facilitating agreements regarding the sharing of information regarding children and families shall include:
(1) The Department of Children and Family Services.
(2) The Louisiana Department of Health.
(3) The Department of Education.
(4) Youth services of the Department of Public Safety and Corrections.
(5) Louisiana Works.
(6) Courts exercising juvenile jurisdiction.
(7) Offices of district attorneys.
(8) Law enforcement agencies.
(9) City, parish, and other local public school boards.
(10) Truancy assessment service centers.
(11) Families in Need of Services offices.
Acts 2005, No. 119, §1, eff. Jan. 1, 2006; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2023, No. 387, §2, eff. June 14, 2023.
A.(1) Notwithstanding any other provision of law to the contrary, any state agency providing services to children and their families, which shall include but is not limited to the Louisiana Department of Health, the Department of Children and Family Services, youth services of the Department of Public Safety and Corrections, and the Department of Education, and any city, parish, or other local public school board is hereby authorized to request in writing, which shall include but shall not be limited to an email or electronic communication, from any other state agency or city, parish, or other local public school board any information, data, reports, or records in its possession which are relevant and necessary to the performance of the requesting agency's duties to children and their families. This written request shall include the specific purpose for which the information, data, reports, or records are being requested.
(2) Any state agency, including but not limited to those listed in Subparagraph (A)(1) of this Article, or any city, parish, or other local public school board which is either requesting such information or which possesses such information shall exercise due diligence in taking reasonable measures to remove any barriers to the release, exchange, or sharing of information which is otherwise protected by law, regulation, or protective order of a court or administrative tribunal of competent jurisdiction, including obtaining such consent, authorization, or waiver as may be required. If written consent, waiver of confidentiality, or other authorization from the person who is the subject of the information or such person's legal representative is necessary to permit the release, exchange, or sharing of information, the agency or school board requesting the information shall have the primary responsibility for obtaining such consent, waiver, or other authorization. In all other cases, the primary responsibility for removing a barrier to the release, exchange, or sharing of such protected information shall rest with the agency or school board, as the case may be, which is more reasonably able to take the necessary measures under the particular circumstances, and such agency or school board, as the case may be, shall take such necessary measures.
(3) Once a written request is made pursuant to Subparagraph (A)(1) of this Article, the state agency or the city, parish, or other local public school board which possesses the information, data, reports, or records shall release such information to the requesting agency no later than fifteen days after receipt of the written request, except as otherwise provided in Paragraph B of this Article.
B. Within fifteen days after receipt of the written request, the agency or school board in possession of the information may apply to a court of competent jurisdiction for an order denying the request or limiting the scope of information to be released.
C. Unless a court order has been timely sought pursuant to Paragraph B of this Article, if the agency or school board in possession of the information fails or refuses to release such information within fifteen days after receipt of the written request, the requesting agency shall have the right to file a rule in a court of competent jurisdiction requiring the agency or school board in possession of the requested information to show cause why the requested information should not be released.
D.(1) A motion or rule to show cause filed pursuant to this Article shall state the reasons why the applying agency is seeking the release of the information, or why the information request should be limited, restricted, or denied, as applicable, and shall describe with particularity the information that is the subject of the application. No names or other personal identifying information or data regarding a child or family shall be included.
(2) If no opposition to the motion or rule is filed or no appearance in opposition is made, it shall be deemed to be unopposed and the court shall issue an ex parte order granting the relief sought, unless the court finds that the relief requested is clearly contrary to law or not in the best interest of the child, in which event the court shall have the authority to fashion such relief as it deems appropriate.
(3) The court shall give preference to proceedings filed pursuant to this Chapter in order to expedite the provision of services to children and families.
E. If a court is presently exercising juvenile jurisdiction over the child or his family, such court shall be the court of competent jurisdiction for the purposes of this Article.
Acts 2005, No. 119, §1, eff. Jan. 1, 2006.
A. Any court order rendered or interagency information sharing agreement entered into pursuant to this Chapter shall specify the conditions under which information is to be made available to authorized parties, and shall include procedures for preserving the confidentiality of all records and information pertaining to a child.
B. Disclosure of information pursuant to any interagency information sharing agreement shall only be made between authorized persons within agencies that are involved in the assessment, diagnosis, treatment, care, or rehabilitation of children and for the purpose of ensuring cooperation and coordination of all agencies in providing services to children and their families.
Acts 2005, No. 119, §1, eff. Jan. 1, 2006.
A. Any person or agency acting in the performance and scope of official public duties in good faith pursuant to this Chapter or pursuant to an interagency agreement who or which discloses any confidential information regarding a child or his family shall have immunity from any liability, civil, criminal, or otherwise, that might result by reason of the type of information disclosed.
B. The limitation on liability of Paragraph A of this Article shall not apply if a person or agency acts with gross negligence or in bad faith.
Acts 2005, No. 119, §1, eff. Jan. 1, 2006.
The legislature finds that society has a responsibility to protect children from abuse and neglect. Provision of independent counsel for abused and neglected children is an essential due process right provided by Louisiana law to ensure sound and fair decisionmaking concerning children's safety, permanency, and well-being. Counsel providing representation in child protection proceedings should have specialized knowledge and skills essential for effective representation, and should participate in multi-disciplinary interaction together with other professionals involved with the child, including interdisciplinary communication, investigation, discovery, meetings, conferences, proceedings, and administrative hearings. Resources to support the provision of legal representation of children should be used efficiently and equitably to assure qualified representation throughout the state.
Acts 2006, No. 271, §1; Acts 2008, No. 567, §1, eff. June 30, 2008; Acts 2008, No. 752, §1.
As used in this Chapter:
(1) "Child abuse and neglect case" means a child protection proceeding conducted by a court exercising juvenile jurisdiction involving the abuse or neglect of children as provided specifically in Titles VI, X, XI, and XII of the Louisiana Children's Code.
(2) "Program" means a program approved by the Louisiana Supreme Court to provide qualified legal representation of children in child abuse and neglect cases.
Acts 2006, No. 271, §1; Acts 2014, No. 354, §1.
A. Any attorney representing a child in a child abuse and neglect case as defined herein shall have reasonable access to and the opportunity to consult with the child whenever and wherever necessary in the performance of his duties and shall have ready access to view and copy all medical, mental health, developmental disability, and education records pertaining to his client whether such records are in hard copy or electronic form.
B. The person with whom or facility in which the child is placed shall provide reasonable access and privacy for the purpose of attorney-client consultation.
C. A child shall have the right to communicate in any manner in private with counsel at all times.
Acts 2006, No. 271, §1; Acts 2014, No. 354, §1.
The purpose of this Part is to provide for an effective and efficient system of providing qualified legal representation for children in child abuse and neglect cases.
Acts 2006, No. 271, §1; Acts 2014, No. 354, §1.
The statewide Louisiana Child Representation System is hereby established under the oversight of the Louisiana Supreme Court.
Acts 2006, No. 271, §1; Acts 2014, No. 354, §1.
Repealed by Acts 2014, No. 354, §2; Acts 2014, No. 811, §33, eff. June 23, 2014.
A. A program designated by the Louisiana Supreme Court shall provide child representation services to each court exercising jurisdiction over abuse and neglect cases in accordance with a plan for service delivery developed by the program and approved by the supreme court.
B. Representation of children in child abuse and neglect cases shall comply with the provisions of Part III of Rule J of the Administrative Rules of the Supreme Court, including qualifications of appointed counsel and child attorney standards.
Acts 2006, No. 271, §1; Acts 2014, No. 354, §1.
A. The legislature finds that society has a responsibility to provide indigent or absent parents with quality legal representation, including curatorship appointments, in child abuse and neglect cases. Provision of counsel for indigent parents or curators for absent parents are essential due process rights provided by Louisiana law to ensure sound and fair decision-making concerning children's safety, permanency, and well-being. Legal counsel providing representation in child abuse and neglect cases should have specialized knowledge and skills essential for effective representation. Resources to support the provision of legal representation, including curatorship appointments, of indigent or absent parents should be used efficiently and equitably to assure qualified representation throughout the state.
B. The legislature finds that there is a need for a uniform system of representation of indigent or absent parents statewide that provides for appropriate oversight, minimization of potential conflicts, and adequate local and state funding. To this end, the legislature finds that local public defender offices best serve the interests of children and families by representing indigent or absent parents, which shall include curatorship appointments, in child abuse and neglect cases consistent with the provisions of R S. 15:185.1 et seq., and with the Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care and Termination of Parental Right Cases provided in Chapter 11 of Part XV of Title 22 of the Louisiana Administrative Code.
C. Repealed by Acts 2014, No. 354, §2.
Acts 2007, No. 95, §1; Acts 2014, No. 354, §§ 1, 2; Acts 2016, No. 407, §1, eff. June 5, 2016.
As used in this Chapter:
(1) "Child abuse and neglect case" means a child protection proceeding conducted by a court exercising juvenile jurisdiction involving the abuse or neglect of children as provided specifically in Titles VI, X, and XI of this Code.
(2) "Indigent Parents' Program" means the Indigent Parents' Representation Program established in accordance with Article 574.
Acts 2007, No. 95, §1; Acts 2016, No. 407, §1, eff. June 5, 2016.
The purpose of this Part is to provide for an effective and efficient system of providing qualified legal representation, which shall include curatorship appointments, for indigent or absent parents in child abuse and neglect cases.
Acts 2007, No. 95, §1; Acts 2016, No. 407, §1, eff. June 5, 2016.
An Indigent Parents' Representation Program is hereby established within the Louisiana Public Defender Board, or its successor in accordance with the provisions of R.S. 15:185.1 through 185.9.
Acts 2007, No. 95, §1; Acts 2014, No. 354, §1.
A. The program shall provide qualified legal counsel, which shall include curator ad hoc appointments, to indigent or absent parents in child abuse and neglect cases in accordance with the provisions of Articles 608 and 1016 and R.S. 15:141 through 183 and 185.1 through 185.9.
B. Legal representation, which shall include curator ad hoc appointments, of indigent or absent parents in child abuse and neglect cases shall comply with standards promulgated by the Louisiana Public Defender Board, or any successor to that board in accordance with R.S. 15:141 through 183 and 185.1 through 185.9 to ensure competent and fair representation.
C. The Indigent Parents' Representation Program, through its governing authority, may adopt policies to provide representation to indigent parents prior to the commencement of court proceedings.
Acts 2007, No. 95, §1; Acts 2014, No. 354, §1; Acts 2016, No. 407, §1, eff. June 5, 2016; Acts 2022, No. 272, §1.
A. The Child Protection Representation Commission, referred to hereinafter as the "commission", is hereby established for the purpose of reviewing the system of representation of children and indigent parents in child protection cases as provided in Chapters 5 and 6 of this Title. The commission shall be composed of the following members:
(1) The secretary of the Department of Children and Family Services or his designee.
(2) The chief justice of the Louisiana Supreme Court or his designee.
(3) The chairman of the House Committee on Civil Law and Procedure or his designee.
(4) The chairman of the Senate Committee on Judiciary A or his designee.
(5) The president or designee of the Louisiana Bar Association.
(6) The executive director or designee of the Louisiana District Attorneys Association.
(7) The state public defender or designee of the Louisiana Public Defender Board.
(8) The president or designee of the Louisiana Council of Juvenile and Family Court Judges.
(9) The chairwoman of the Louisiana Legislative Women's Caucus or her designee.
B. The members of the commission shall serve without compensation, except for the members of the legislature who shall receive a per diem in accordance with R.S. 42:3.1.
C. The commission shall request and have the authority to obtain all information necessary to review the system of representation and shall meet periodically but in no event less than once annually. The commission shall ascertain the continued effectiveness and efficiency of the system and the adequacy of funding and may, at its discretion, issue such reports and recommendations as it deems necessary to ensure the programmatic efficacy and fiscal viability of the system.
Acts 2014, No. 354, §1; Acts 2016, No. 153, §1.
The purpose of this Title is to protect children whose physical or mental health, welfare, and safety is substantially at risk of harm by physical abuse, neglect, or exploitation and who may be further threatened by the conduct of others, by providing for the reporting of suspected cases of abuse, exploitation, or neglect of children; by providing for the investigation of complaints; and by providing, if necessary, for the resolution of child in need of care proceedings in the courts. The proceedings shall be conducted expeditiously to avoid delays in achieving permanency for children. This Title is intended to provide the greatest possible protection as promptly as possible for children. The health, welfare, safety, and best interest of the child shall be the paramount concern in all proceedings pursuant to this Title. This Title shall be construed in accordance with Article 102. This Title shall be administered and interpreted to avoid unnecessary interference with family privacy and trauma to the child, and yet, at the same time, authorize the protective and preventive intervention needed for the health, welfare, safety, and well-being of children.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2022, No. 272, §1.
Except as otherwise specified in this Title, all provisions of the Code remain applicable.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
As used in this Title:
(1) "Abortion" means that procedure as defined in R.S. 14:87.1.
(2) "Abuse" means any one of the following acts that seriously endanger the physical, mental, or emotional health, welfare, and safety of the child:
(a) The infliction, attempted infliction, or, as a result of inadequate supervision, the allowance of the infliction or attempted infliction of physical or mental injury upon the child by a parent or any other person.
(b) The exploitation or overwork of a child by a parent or any other person, including but not limited to commercial sexual exploitation of the child.
(c) The involvement of the child in any sexual act with a parent or any other person, or the aiding or toleration by the parent, caretaker, or any other person of the child's involvement in any of the following:
(i) Any sexual act with any other person.
(ii) Pornographic displays.
(iii) Any sexual activity constituting a crime under the laws of this state.
(d) A coerced abortion conducted upon a child.
(e) Female genital mutilation as defined by R.S. 14:43.4 of the child or of a sister of the child.
(3) "Administrative review body" means a panel of appropriate persons, at least one of whom is not responsible for the case management of or delivery of services to either the child or the parents who are the subject of the review, including the citizen review boards, state hearing examiners, special department reviewers, or department personnel.
(4)(a) "Caretaker" means any person legally obligated to provide or secure adequate care for a child, including a parent, tutor, guardian, legal custodian, foster parent, an operator or employee of a residential or treatment facility licensed by the Department of Children and Family Services or the Louisiana Department of Health, or other person providing a residence for the child. "Caretaker" shall not include an operator or employee of a correctional facility, detention facility, nonresidential school, or unlicensed residential or child care provider.
(b) For the purposes of this Subparagraph, "restrictive care facility" means a public or private licensed or unlicensed child care facility, group home, emergency shelter facility, maternity home, psychiatric hospital, or a psychiatric unit located in a state-owned or state-contracted general hospital.
(5) "Case review hearing" means a review hearing by a court or administrative review body for the purpose of determining the continuing necessity for and appropriateness of the child's placement, to determine the extent of compliance with the case plan, to determine the extent of progress which has been made toward alleviating or mitigating the causes necessitating placement, and to project a likely date by which the child may be permanently placed.
(6) "Child" means a person under eighteen years of age who, prior to juvenile proceedings, has not been judicially emancipated under Civil Code Article 366 or emancipated by marriage under Civil Code Article 367.
(7) "Child care agency" means any public or private agency exercising custody of a child.
(8) "Child pornography" or "child sexual abuse materials" means visual depiction of a child engaged in actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals.
(9) "Coerced abortion" means the use of force, intimidation, threat of force, threat of deprivation of food and shelter, or the deprivation of food and shelter by a parent or any other person in order to compel a female child to undergo an abortion against her will, whether or not the abortion procedure has been attempted or completed.
(9.1) "Commercial sexual exploitation" means involvement of the child activity prohibited by the following statutes: R.S. 14:46.2, 46.3, 81.1, 81.3, 82, 82.1, 82.2, 83, 83.1, 83.2, 83.3, 83.4, 84, 85, 86, 89.2, 104, 105, and 282.
(10) "Concurrent planning" means departmental efforts to preserve and reunify a family, or to place a child for adoption or with a legal guardian which are made simultaneously.
(11) "Court-appointed or court-approved administrative body" means a body appointed or approved by a court and subject to the court's supervision for the purposes of assisting the court with permanency hearings, including magistrates or other court or noncourt personnel. This body shall not be a part of the Department of Children and Family Services or the Department of Public Safety and Corrections, nor subject to the supervision or direction of either department.
(12) "Crime against the child" shall include the commission of or the attempted commission of any of the following crimes against the child as provided by federal or state statutes:
(a) Homicide.
(b) Battery.
(c) Assault.
(d) Rape.
(e) Sexual battery.
(f) Kidnapping.
(g) Criminal neglect.
(h) Criminal abandonment.
(i) Repealed by Acts 2014, No. 602, §7, eff. June 12, 2014.
(j) Child sexual abuse materials.
(k) Indecent behavior with juveniles.
(l) Child sexual abuse materials.
(m) Molestation of a juvenile.
(n) Crime against nature.
(o) Cruelty to juveniles.
(p) Contributing to the delinquency or dependency of children.
(q) Sale of minor children.
(r) Human trafficking.
(s) Trafficking of children for sexual purposes.
(t) Female genital mutilation.
(13) "Department" means the Department of Children and Family Services.
(14) "Foster care" means placement in a foster family home, a relative's home, a residential child caring facility, or other living arrangement approved and supervised by the state for provision of substitute care for a child in the department's custody. Such placement shall not include a detention facility.
(15) "Foster parent" means an individual who provides residential foster care with the approval and under the supervision of the department for a child in its custody.
(16) "Institutional abuse or neglect" means any case of child abuse or neglect that occurs in any public or private facility that provides residential child care, treatment, or education.
(17) "Mandatory reporter" is any of the following individuals:
(a) "Health practitioner" is any individual who provides healthcare services, including a physician, surgeon, physical therapist, dentist, resident, intern, hospital staff member, an outpatient abortion facility staff member, podiatrist, chiropractor, licensed nurse, nursing aide, dental hygienist, any emergency medical technician, a paramedic, optometrist, medical examiner, or coroner, who diagnoses, examines, or treats a child or his family.
(b) "Mental health/social service practitioner" is any individual who provides mental health care or social service diagnosis, assessment, counseling, or treatment, including a psychiatrist, psychologist, marriage or family counselor, social worker, member of the clergy, aide, or other individual who provides counseling services to a child or his family. Notwithstanding any other provision of law to the contrary, when representing a child, as defined in this Code, in a case arising out of this Code, a mental health/social service practitioner shall not be considered a mandatory reporter under the following limited circumstances: (i) when the practitioner is engaged by an attorney to assist in the rendition of professional legal services to that child, (ii) when the information that would serve as the basis for reporting arises in furtherance of facilitating the rendition of those professional legal services to that child, and (iii) when the information that would serve as the basis for reporting is documented by the mental health/social service practitioner. The documentation shall be retained by the mental health/social service practitioner until one year after the child has reached the age of majority.
(c) "Member of the clergy" is any priest, rabbi, duly ordained clerical deacon or minister, Christian Science practitioner, or other similarly situated functionary of a religious organization, except that he is not required to report a confidential communication, as defined in Code of Evidence Article 511, from a person to a member of the clergy who, in the course of the discipline or practice of that church, denomination, or organization, is authorized or accustomed to hearing confidential communications, and under the discipline or tenets of the church, denomination, or organization has a duty to keep such communications confidential. In that instance, he shall encourage that person to report the allegations to the appropriate authorities in accordance with Article 610.
(d) "Teaching or child care provider" is any person who provides or assists in the teaching, training, and supervision of a child, including any public or private teacher, teacher's aide, instructional aide, school principal, school staff member, bus driver, coach, professor, technical or vocational instructor, technical or vocational school staff member, college or university administrator, college or university staff member, social worker, an employee or an operator of an early learning center as defined in R.S. 17:407.33, an operator or employee of a registered family child day care home, a licensed or unlicensed day care provider, or any individual who provides these services to a child in a voluntary or professional capacity.
(e) Police officers or law enforcement officials. Any police officer or law enforcement official who works as a school resource officer shall be considered a mandatory reporter.
(f) "Commercial film and photographic print processor" is any person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides for compensation.
(g) Mediators appointed pursuant to Chapter 6 of Title IV.
(h) A parenting coordinator appointed pursuant to R.S. 9:358.1 et seq.
(i) A court-appointed special advocates (CASA) volunteer under the supervision of a CASA program appointed pursuant to Chapter 4 of Title IV.
(j) "Organizational or youth activity provider" is any person who provides organized activities for children, including administrators, employees, or volunteers of any day camp, summer camp, youth center, or youth recreation programs or any other organization that provides organized activities for children.
(k) School coaches, including but not limited to public technical or vocational school, community college, college, or university coaches and coaches of intramural or interscholastic athletics.
(l) A foster parent.
(m) A group home or other institutional child care staff member or personnel of residential home facilities.
(n) A probation officer.
(o) Any employee of the office of juvenile justice or the Department of Children and Family Services, whose duties include supervisory or disciplinary authority over children.
(18) "Neglect" means the refusal or unreasonable failure of a parent or caretaker to supply the child with necessary food, clothing, shelter, care, treatment, or counseling for any injury, illness, or condition of the child, as a result of which the child's physical, mental, or emotional health, welfare, and safety is substantially threatened or impaired. Neglect includes prenatal neglect. Consistent with Article 606(B), the inability of a parent or caretaker to provide for a child due to inadequate financial resources shall not, for that reason alone, be considered neglect. Whenever, in lieu of medical care, a child is being provided treatment in accordance with the tenets of a well-recognized religious method of healing that has a reasonable, proven record of success, the child shall not, for that reason alone, be considered to be neglected or maltreated. However, nothing in this Subparagraph shall prohibit the court from ordering medical services for the child when there is substantial risk of harm to the child's health, welfare, or safety.
(19) "Newborn" means a child who is not more than thirty days old, as determined within a reasonable degree of medical certainty by an examining physician.
(20) "Other suitable individual" means a person with whom the child enjoys a close, established, significant relationship, yet not a blood relative, including a neighbor, godparent, teacher, or close friend of the parent.
(21) "Permanency hearing" means a hearing for the purpose of determining the permanent plan for the child.
(22) "Permanent placement" means:
(a) Return of the legal custody of a child to his parent or parents.
(b) Placement of the child with adoptive parents pursuant to a final decree of adoption.
(c) Placement of the child with a legal guardian.
(23) "Person" means any individual, partnership, association, agency, or corporation, and specifically shall include city, parish, or state law enforcement agencies, and a parish or city school board or a person employed by a parish or city school board.
(24) "Prenatal neglect" means exposure to chronic or severe use of alcohol or the unlawful use of any controlled dangerous substance, as defined by R.S. 40:961 et seq., or in a manner not lawfully prescribed, which results in symptoms of withdrawal in the newborn or the presence of a controlled substance or a metabolic thereof in his body, blood, urine, or meconium that is not the result of medical treatment, or observable and harmful effects in his physical appearance or functioning.
(25) "Protective capacity" means the cognitive, behavioral, and emotional knowledge, abilities, and practices that prevent or control threats of danger to children.
(26) "Reasonable efforts" means the exercise of ordinary diligence and care by the department throughout the pendency of a case pursuant to the obligations imposed on the state by federal and state law to provide services and supports designed and intended to prevent or eliminate the need for removing a child from the child's home, to reunite families after separation, and to achieve safe permanency for children. Reasonable efforts shall be determined by the particular facts and circumstances of each case, including the individualized needs of each child and the family, the imminence and potential severity of the threat of danger, the strengths of each child and the family, and the community of support available to the family. In making reasonable efforts, the health, welfare, and safety of the child shall be the paramount concern.
(27) "Relative" means an individual with whom the child has established a significant relationship by blood, adoption, or affinity.
(28) "Removal" means placing a child in the custody of the state or with someone other than the parent or caretaker during or after the course of an investigation of abuse and neglect to secure the child's health, welfare, and safety.
(29) "Safe" and "safety" mean the condition of not being unsafe. Whether a child is unsafe shall be determined by the particular facts and circumstances of each case, including consideration of the threat of danger to the child, whether the child is vulnerable to the threat, and the parent's or caretaker's protective capacity to manage or control the threat.
(30) "Safety plan" means a plan for the purpose of assuring a child's health, welfare, and safety by imposing conditions for the child to safely remain in the home, or, after a child has been removed from the home, for the continued placement of the child with a custodian and terms for contact between the child and the child's parents or other persons.
(31) "Threat of danger" exists when the behavior of a parent or caretaker or the family situation indicates serious harm, in the near future, to the child's physical, mental, or emotional health, welfare, and safety.
(32) "Vulnerable" means the inability to protect oneself from identified threats of danger.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1995, No. 444, §1, eff June 17, 1995; Acts 1999, No. 449, §§1, 2, eff. July 1, 1999; Acts 1999, No. 769, §1, eff. July 2, 1999; Acts 1999, No. 894, §1; Acts 2001, No. 567, §1; Acts 2003, No. 567, §1; Acts 2003, No. 1187, §1; Acts 2004, No. 398, §1, eff. June 23, 2004; Acts 2005, No. 148, §1; Acts 2005, No. 338, §1; Acts 2006, No. 157, §1; Acts 2006, No. 278, §1; Acts 2007, No. 119, §1, eff. June 25, 2007; Acts 2007, No. 265, §1; Acts 2007, No. 334, §1; Acts 2007, No. 396, §1, eff. when funds are appropriated by the legislature; Acts 2008, No. 394, §1, eff. June 21, 2008; Acts 2012, No. 268, §2, eff. May 25, 2012; Acts 2012, No. 380, §1; Acts 2012, No. 446, §6; Acts 2012, No. 614, §2, eff. June 7, 2012; Acts 2013, No. 260, §1; Acts 2014, No. 486, §1; Acts 2014, No. 564, §7; Acts 2014, No. 569, §1; Acts 2014, No. 602, §7, eff. June 12, 2014; Acts 2015, No. 217, §1; Acts 2017, No. 359, §§1, 3, 4; Acts 2018, No. 458, §2; Acts 2019, No. 280, §1; Acts 2021, No. 158, §1; Acts 2021, No. 367, §1; Acts 2022, No. 272, §1; Acts 2024, No. 216, §1, eff. May 23, 2024; Acts 2025, No. 195, §1; Acts 2025, No. 261, §6; Acts 2025, No. 409, §7.
A. Every person graduating from any teacher preparation program in Louisiana shall have had in his curriculum instruction on the requirements of and how to report suspected child abuse cases pursuant to Article 601 et seq., as well as instruction on how to identify the signs and symptoms of child neglect and abuse, including sexual abuse, in order to receive his teacher certification.
B. Teaching or child care providers as defined by Article 603 shall complete an online training course provided by the Department of Children and Family Services between June first and August thirty-first annually. A record of completion of the course by the teaching or child care provider shall be provided to each entity at which the teaching or child care provider is employed. No later than September thirtieth of each year and in a manner prescribed by the state Department of Education each entity at which a teaching or child care provider is employed shall submit a list to the state Department of Education of all teaching and child care providers employed by the entity and identify the employees that have complied with the training requirements and those employees that have not complied. The state Department of Education shall publish the completion rates for each entity on its website.
Acts 2003, No. 769, §1; Acts 2020, No. 272, §1, eff. June 11, 2020; Acts 2025, No. 409, §7.
A court exercising juvenile jurisdiction shall have exclusive original jurisdiction, in conformity with any special rules prescribed by law, over any child alleged to be in need of care and the parents of any such child.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
A. A proceeding under this Title may be commenced in the parish in which the child is domiciled with his parent or tutor, the parish in which the child was present when an act alleged took place or conditions alleged existed, or the parish in which the child is found.
B. When a petition is filed in a parish other than that of the child's domicile, the court in which the proceeding is filed, upon motion of a party or upon the court's own motion, may transfer the proceeding to the court for the parish in which the child is domiciled. A transfer under this Paragraph may be made at any time.
C. When a petition is filed in a parish other than that of the child's domicile and the proceeding is not transferred under Paragraph B of this Article, the court in which the proceeding is filed shall immediately notify the appropriate court for the parish in which the child is domiciled, and if the court for the parish in which the child is domiciled requests a transfer within five days after receipt of the notification, the court in which the proceeding was filed may transfer the proceeding. A transfer under this Paragraph shall be made prior to the adjudication hearing.
D. When a petition is filed in a parish other than that of the child's domicile, and the proceeding is not transferred under Paragraph B or C of this Article, the court in which the proceeding was filed may, after the adjudication hearing, transfer the proceeding to the court of the parish where the child is domiciled for the disposition hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
A. Allegations that a child is in need of care shall assert one or more of the following grounds:
(1) The child is the victim of abuse perpetrated, aided, or tolerated by the parent or caretaker, by a person who maintains an interpersonal dating or engagement relationship with the parent or caretaker, or by a person living in the same residence with the parent or caretaker as a spouse whether married or not, and his welfare is seriously endangered if he is left within the custody or control of that parent or caretaker.
(2) The child is a victim of neglect.
(3) The child is without necessary food, clothing, shelter, medical care, or supervision because of the disappearance or prolonged absence of his parent or when, for any other reason, the child is placed at substantial risk of imminent harm because of the continuing absence of the parent.
(4) As a result of a criminal prosecution, the parent has been convicted of a crime against the child who is the subject of this proceeding, or against another child of the parent, and the parent is now unable to retain custody or control or the child's welfare is otherwise endangered if left within the parent's custody or control.
(5) The conduct of the parent, either as principal or accessory, constitutes a crime against the child or against any other child.
(6) - (8) Repealed by Acts 2021, No. 158, §7.
B. A child whose parent is unable to provide basic support, supervision, treatment, or services due to inadequate financial resources shall not, for that reason alone, be determined to be a child in need of care.
C. A diagnosis of factitious disorder imposed on another, formerly known as "Munchausen syndrome by proxy", shall not constitute grounds, either entirely or partially, for a determination that a child is in need of care unless that diagnosis is made in accordance with the provisions of R.S. 37:1745.2.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1995, No. 1095, §2; Acts 1999, No. 1178, §1, eff. July 9, 1999; Acts 2012, No. 446, §6; Acts 2012, No. 730, §1; Acts 2014, No. 564, §§8, 10; Acts 2017, No. 376, §1; Acts 2018, No. 193, §2; Acts 2018, No. 458, §2; Acts 2021, No. 158, §7.
A. The court shall appoint the entity designated for the jurisdiction by the Louisiana Supreme Court to provide qualified, independent counsel for the child in any order issued in accordance with Article 619(C) or 620 or at the time the order setting the first court hearing is signed. Neither the child nor anyone purporting to act on behalf of the child may be permitted to waive this right.
B. The child shall be a party to the proceedings, and the attorney for the child shall have the authority to represent the child at all stages of the proceedings. The attorney for the child shall have the authority to take actions, including but not limited to the following:
(1) Accompany the child and be present for all court appearances, school hearings, and educational and other meetings related to the child.
(2) View and copy the child's medical, dental, psychological, psychiatric, educational, or counseling records.
C. If the court finds that the parents of the child are financially able, the court may order the parents to pay some or all of the costs of the child's representation in accordance with Articles 320 and 321.
D. In any dispositional or postdispositional hearing which may result in the mental health institutionalization of a child who is in the custody of the state, the child shall be entitled to representation by an attorney appointed by the Mental Health Advocacy Service, unless unavailable as determined by the director.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2004, No. 301, §1, eff. June 18, 2004; Acts 2004, No. 321, §1; Acts 2006, No. 271, §1; Acts 2007, No. 307, §9; Acts 2014, No. 354, §1; Acts 2022, No. 272, §1.
A. The parents of a child who is the subject of a child in need of care proceeding shall be entitled to qualified, independent counsel after the court issues any order in accordance with Article 619(C) or 620 or at the filing of a petition and at all stages of the proceedings thereafter. If the court does not issue an order in accordance with Article 619(C) or 620, the right to counsel shall attach upon the filing of a petition. At all proceedings governed by Chapter 6 of this Title, the parents shall be presumed to be indigent. Thereafter, indigence shall be determined in accordance with Article 320. The right to counsel may be waived by a parent if the court determines that the parent choosing to waive the right to representation has been instructed by the court about the rights and the possible consequences of waiver. Before accepting a waiver of counsel, the court shall ensure each of the following:
(1) The parent has been informed by the court that the Department of Children and Family Services cannot provide legal advice to the parent or represent the parent's interest.
(2) The parent has been informed by the court that the child's attorney cannot provide legal advice to the parent and does not represent the parent's interest.
(3) The parent has been informed by the court that a proceeding brought in accordance with this Title may ultimately result in a termination of parental rights and a complete and permanent separation of the parent from the child.
(4) The parent has been informed by the court that if the parent is unable to afford an attorney, one will be provided by the Indigent Parents' Representation Program.
(5) That the parent is eighteen years of age or older.
B. If a parent of a child is financially unable to afford counsel or is presumed indigent in accordance with Paragraph A of this Article, the district public defender office shall provide for representation, unless the Louisiana Public Defender Board has contracted to provide for representation in accordance with R.S. 15:185.3(B)(12) or any other provision of law.
C. The unavailability of counsel to represent the parent shall be good cause for a continuance of the continued custody hearing for up to three days, and the hearing shall not proceed until a qualified, independent attorney is provided to the parent.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2007, No. 307, §9; Acts 2014, No. 354, §1; Acts 2022, No. 272, §1.
A. With respect to mandatory reporters:
(1)(a) Notwithstanding any claim of privileged communication, any mandatory reporter who has cause to believe that a child's physical or mental health or welfare is endangered as a result of abuse or neglect or that abuse or neglect was a contributing factor in a child's death shall report in accordance with Article 610.
(b) For purposes of this Article, the pregnancy of a child under the age of thirteen years shall constitute cause to consider whether the child has been abused.
(2) Violation of the duties imposed upon a mandatory reporter subjects the offender to criminal prosecution authorized by R.S. 14:403(A)(1).
(3)(a) To familiarize mandatory reporters, as defined by Children's Code Article 603, with their legal mandate for reporting suspected child abuse and neglect, such mandatory reporters shall be offered training on the statutory requirements and responsibility of reporting child abuse and neglect. This training shall be made available by the child welfare division of the Department of Children and Family Services or any other mechanism as approved by the department as long as it includes information on the reporting procedure and the consequences of failing to report.
(b) Each mandatory reporter may obtain mandatory reporting training as each mandatory reporter believes to be necessary in accordance with Subsubparagraph (a) or (d) of this Subparagraph.
(c) The appropriate state regulatory department, board, commission, or agency for each category of mandatory reporter may provide continuing education credit for the completion of the training pursuant to this Paragraph.
(d) Any entity, including but not limited to hospitals, educational and religious institutions, and nonprofits, may provide its employees, volunteers, or educational attendees with equivalent training pursuant to Subsubparagraph (a) of this Subparagraph.
B. With respect to permitted reporters, any other person having cause to believe that a child's physical or mental health or welfare is endangered as a result of abuse or neglect, including a judge of any court of this state, may report in accordance with Article 610.
C. The filing of a report, known to be false, may subject the offender to criminal prosecution authorized by R.S. 14:403(A)(3).
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 637, §1, eff. June 15, 1993; Acts 2013, No. 163, §1; Acts 2020, No. 122, §1, eff. June 9, 2020.
A. A reporter shall immediately report suspected child abuse or neglect or that child abuse or neglect was a contributing factor in a child's death in the following ways:
(1) To the Department of Children and Family Services if the reporter has reason to believe that the perpetrator is any of the following:
(a) A parent or caretaker as defined in Article 603.
(b) A person who maintains an interpersonal dating or engagement relationship with the parent or caretaker.
(c) A person living in the same residence as the parent or caretaker.
(d) A person living in the same residence as the child, or any residence of the child, if the child has more than one residence.
(e) An employee or an operator of an early learning center as defined in R.S. 17:407.33.
(f) An operator or employee of a registered family child day care home.
(g) Another child residing in the same residence for cases of suspected sexual abuse.
(h) Indeterminable by the mandatory reporter, but the reporter suspects that the abuse occurred at the child's residence.
(2) To a local or state law enforcement agency if the reporter has reason to believe that the perpetrator is any of the following:
(a) A person other than a person provided for in Subparagraph (1) of this Paragraph.
(b) A teacher, instructor, administrator, staff person, school bus driver, teacher aide, paraprofessional, food service worker, or employee of any public or private elementary, secondary, vocational-technical training, special, or postsecondary school, city, parish, or other local public school board, if the abuse or neglect is perpetrated on a student.
(c) Another child who does not reside in the same residence for cases of suspected sexual abuse.
(3) Dual reporting to both the department and the local or state law enforcement agency is permitted. However, the agency who receives a report pursuant to Subparagraph (1) or (2) of this Paragraph shall be the agency responsible for accepting and acting on the report and shall ensure referral to other agencies as necessary.
(4) Reports to the department shall be made as follows:
(a) A mandatory reporter shall make a report of suspected abuse or neglect requiring immediate assistance via the designated state child protection reporting hotline telephone number. A report of suspected abuse or neglect which is of a nonemergency nature may be reported via the Louisiana Department of Children and Family Services Mandated Reporter Portal online. Reports may also be made in person at any child welfare office.
(b) If a report involves alleged sex trafficking, all mandatory reporters shall report via the hotline telephone number to the department regardless of whether there is alleged parental or caretaker culpability.
(c) A permitted reporter shall make a report through the designated state child protection reporting hotline telephone number or in person at any child welfare office.
(5) If a school resource officer suspects child abuse or neglect of a student or if a mandatory reporter reports suspected child abuse or neglect to a school resource officer, the school resource officer shall immediately notify the officer's employing law enforcement agency or the Department of Children and Family Services in accordance with the provisions of this Article. The school resource officer's employer shall assign investigation of the matter to the most appropriate law enforcement officer, who may be the school resource officer.
(6) If a mandatory reporter is prohibited from immediately making the report required by this Chapter to the department or local or state law enforcement because of an employer's policies or employee manual, the mandatory reporter shall file a complaint with local or state law enforcement. Local or state law enforcement shall investigate the complaint, and an employer violating this Chapter shall be subject to the penalties provided for in R.S. 14:131.1 and 403. An employer shall not discriminate or retaliate against an employee who is a mandatory reporter for complying with this Article. If an employer is found discriminating or retaliating against an employee for complying with this Article, the employer shall be subject to double the fines provided for in R.S. 14:131.1 and 403.
(7) In an investigation of a report of abuse or neglect allegedly committed by a parent or caretaker, the department shall determine whether the person is an active duty member of the United States Armed Forces or the spouse of a member on active duty. If the department determines that the person is an active duty member of the United States Armed Forces or the spouse of a member on active duty, the department shall notify the United States Department of Defense Family Advocacy Program at the closest active duty military installation of the investigation.
B. The report shall contain the following information, if known:
(1) The name, address, age, sex, and race of the child.
(2) The nature, extent, and cause of the child's injuries or endangered condition, including any previous known or suspected abuse to this child or the child's siblings.
(3) The name and address of the child's parent(s) or other caretaker.
(4) The names and ages of all other members of the child's household.
(5) The name and address of the reporter.
(6) An account of how this child came to the reporter's attention.
(7) Any explanation of the cause of the child's injury or condition offered by the child, the caretaker, or any other person.
(8) The number of times the reporter has filed a report on the child or the child's siblings.
(9) Any other information which the reporter believes might be important or relevant.
C. The report shall also name the person or persons who are thought to have caused or contributed to the child's condition, if known, and the report shall contain the name of such person if he is named by the child.
D. If the initial report was in oral form by a mandatory reporter, it shall be followed by a written report made within five days via the online Mandated Reporter Portal of the department or by mail to the centralized intake unit of the department at the address provided on the website of the department; or, if necessary, to the local law enforcement agency. The reporter may use a form for the written report, which shall be developed, approved, and made available by the Department of Children and Family Services. The form is optional and may be available electronically on the department's website.
E.(1) All reports made to any local or state law enforcement agency involving abuse or neglect in which an individual provided for in Subparagraph (A)(1) of this Article is believed responsible shall be reported to the department within twenty-four hours in accordance with Paragraph A of this Article.
(2) All reports made to the department involving abuse or neglect in which someone other than an individual provided for in Subparagraph (A)(1) of this Article is believed to be responsible shall be reported to the appropriate law enforcement agency within twenty-four hours by telephone. The department also shall report all cases of child death which involve a suspicion of abuse or neglect as a contributing factor in the child's death to the local and state law enforcement agencies, the office of the district attorney, and the coroner.
(3) Reports involving a felony-grade crime against a child shall be promptly communicated to the appropriate law enforcement authorities as part of the interagency protocols for multidisciplinary investigations of child abuse and neglect in each judicial district as provided in Articles 509 and 510.
(4) The department shall communicate as soon as possible all reports involving alleged child victims of sex trafficking to the Louisiana State Police for referral to the appropriate local law enforcement agency for investigation or other action as appropriate.
F. Any commercial film or photographic print processor who has knowledge of or observes, within the scope of this professional capacity or employment, any film, photograph, video tape, negative, or slide depicting a child who he knows or should know is under the age of seventeen years, which constitutes child pornography or child sexual abuse materials as defined in Article 603, shall report immediately to the local law enforcement agency having jurisdiction over the case. The reporter shall provide a copy of the film, photograph, videotape, negative, or slide to the agency receiving the report.
G.(1) If a physician has cause to believe that a newborn was exposed in utero to an unlawfully used controlled dangerous substance, as defined by R.S. 40:961 et seq., the physician shall order a toxicology test upon the newborn, without the consent of the newborn's parents or guardian, to determine whether there is evidence of prenatal neglect. If the test results are positive, the physician shall issue a report, as soon as possible, in accordance with this Article. If the test results are negative, all identifying information shall be obliterated if the record is retained, unless the parent approves the inclusion of identifying information. Positive test results shall not be admissible in a criminal prosecution.
(2) If there are symptoms of withdrawal in the newborn or other observable and harmful effects in his physical appearance or functioning that a physician has cause to believe are due to the chronic or severe use of alcohol by the mother during pregnancy or are the effects of fetal alcohol spectrum disorder, the physician shall issue a report in accordance with this Article.
H.(1) All instances of alleged child abuse that occur in a school setting shall be immediately reported to the child's parent or legal guardian and to local or state law enforcement, regardless of the alleged perpetrator.
(2) If more than one child is involved in the allegations, the school shall immediately report to the parent or legal guardian of all involved children.
(3) Law enforcement shall begin an investigation of the allegations within forty-eight hours of receiving the report.
(4) If more than one child is involved in the allegations, law enforcement shall interview the parent or legal guardian of all children involved.
(5) Any sexual abuse cases in which the alleged perpetrator is a child shall be referred to the Department of Children and Family Services. The department shall assess the family of the child victim and the alleged child perpetrator to ensure child safety and well-being in accordance with Children's Code Article 612(A)(3).
(6) For purposes of this Article, the following definitions shall apply:
(a) "School setting" means in a school building, on school grounds, in school vehicles, or at any activities sponsored by a school.
(b) "Sexual abuse" means the perpetration or attempted perpetration of R.S. 14:41, 42, 42.1, 43, 43.1, 43.2, 43.3, 43.4, 80, 81, 81.1, 81.2, 86, 89, or 89.1.
I.(1) The provisions of this Paragraph shall be known and may be cited as The Alfred C. Williams Child Protection Act.
(2) Beginning May 1, 2017, and annually thereafter, the department shall provide to the legislature the following child-specific information regarding reports of child abuse or neglect reported to the department pursuant to the provisions of this Article:
(a) The actual or estimated age, the sex, and the race of each child at the time the latest report was received.
(b) The parish location of primary case name of the latest report accepted for investigation received.
(c) The categories, levels, and final findings assigned to each allegation contained in reports received for each child.
(d) The number of cases accepted for investigation in which the child was an alleged victim during the report year.
(e) The number of cases accepted for investigation in which the child was a substantiated victim during the report year.
(f) The number of reports accepted for investigation prior to report year in which the child was an alleged or substantiated victim.
(g) The number of other alleged victims in reports accepted for investigation in each child's cases prior to report year.
(h) The number of reports accepted for investigation prior to the report year in which the child was a substantiated victim.
(i) The number of other substantiated victims in reports accepted for investigation in each child's cases prior to report year.
(j) The number of distinct reporter names for all investigations in which the child is an alleged or substantiated victim.
(3) For purposes of this Paragraph, the following words shall have the following meanings:
(a) "Alleged victim" includes a child who is the subject of an investigation and for whom there is an allegation of abuse or neglect.
(b) "Substantiated victim" includes an alleged victim for whom one or more allegations of abuse or neglect have been substantiated pursuant to Article 615.
(4) The information provided in the annual report required by Subparagraph (2) of this Paragraph shall not include the name, street address, or other identifying information of any child, parent, sibling, or reporter.
(5) If the department fails to submit timely the report required by Subparagraph (2) of this Paragraph, then the legislature or either house thereof, through its authorized representative, may petition the Nineteenth Judicial District Court for writs of mandamus to compel the submission of the report. Any failure to obey a writ of mandamus issued by the court may be punishable by the court as contempt thereof.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 1103, §1, eff. July 14, 1997; Acts 1999, No. 1178, §1, eff. July 9, 1999; Acts 2004, No. 75, §1, eff. May 28, 2004; Acts 2004, No. 78, §1, eff. May 28, 2004; Acts 2006, No. 157, §1; Acts 2007, No. 396, §1; Acts 2012, No. 268, §2, eff. May 25, 2012; Acts 2012, No. 614, §2, eff. June 7, 2012; Acts 2016, No. 302, §1; Acts 2017, No. 359, §§1, 3, and 4; Acts 2018, No. 104, §1; Acts 2018, No. 207, §1; Acts 2022, No. 662, §1, eff. Jan. 1, 2023; Acts 2024, No. 216, §1, eff. May 23, 2024; Acts 2025, No. 195, §1; Acts 2025, No. 261, §6; Acts 2025, No. 409, §7.
A.(1) No cause of action shall exist against any:
(a) Person who in good faith makes a report, cooperates in any investigation arising as a result of such report, or participates in judicial proceedings authorized under the provisions of this Chapter.
(b) Caseworker who in good faith conducts an investigation, makes an investigative judgment or disposition, or releases or uses information contained in the state repository or central registry for the purpose of protecting a child.
(2) Such individuals shall have immunity from civil or criminal liability that otherwise might be incurred or imposed.
B. This immunity shall not be extended to:
(1) Any alleged principal, conspirator, or accessory to an offense involving the abuse or neglect of the child.
(2) Any person who makes a report known to be false or with reckless disregard for the truth of the report.
C.(1) In any action to establish damages against a defendant who has made a false report of child abuse or neglect, the plaintiff shall bear the burden of proving that the defendant who filed the false report of child abuse or neglect knew the report was false or that the report was filed with reckless disregard for the truth of the report.
(2) A plaintiff who fails to meet his burden of proof provided in Subparagraph (1) of this Paragraph shall pay all court costs and attorney fees of the defendant.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 675, §1; Acts 2004, No. 76, §1; Acts 2006, No. 372, §1; Acts 2017, No. 348, §1, special eff. date.
A.(1) Upon receiving a report of abuse or neglect of a child who is not in the custody of the state, the local child protection unit of the department shall promptly assign a level of risk to the child based on the information provided by the reporter.
(2) Reports of high and intermediate levels of risk shall be investigated promptly. This investigation shall include a preliminary investigation as to the nature, extent, and cause of the abuse or neglect and the identity of the person actually responsible for the child's condition. This preliminary investigation shall include an inquiry as to whether there is reason to know that the child is an Indian child. This preliminary investigation shall also include an interview with the child and the child's parents or other caretaker and shall include consideration of all available medical information provided to the department pertaining to the child's condition. This preliminary investigation shall also include an immediate assessment of any existing visitation or custody order or agreement involving the alleged perpetrator and the child. The department shall request a temporary restraining order pursuant to Article 617, a protective order pursuant to Article 618, or an instanter safety plan order pursuant to Article 619 or 620 if the department determines that any previously ordered visitation or custody would put the child's health, welfare, and safety at risk. Admission of the investigator on school premises or access to the child in school shall not be denied by school personnel. However, the request for a temporary restraining order or a protective order in accordance with this Article shall not independently confer exclusive jurisdiction on the juvenile court in accordance with Article 303.
(3) In lieu of an investigation, reports of low levels of risk and reports from law enforcement of child sexual abuse as provided for in Article 610 may be assessed promptly through interviews with the family to identify needs and available match to community resources. If during this assessment, it is determined that a child is at immediate substantial risk of harm, the local child protection unit shall promptly conduct or participate in an intensive investigation.
(4) During the investigation of a report from a treating health care practitioner of physical abuse of a child who is not in custody of the state, at the request and expense of the child's parent or caregiver, the department shall provide copies of all medical information pertaining to the child's condition or treatment obtained during the investigation to a board certified child abuse pediatrician for purposes of conducting an independent review of the information. Any resulting report shall be provided to the department and to the child's parent or caretaker and shall be utilized in the department's ongoing assessment of risk and to determine what action may be necessary to protect the health, welfare, and safety of the child. Nothing in this Subparagraph shall be construed to prohibit granting an instanter removal order pursuant to Article 615(B).
B. All persons, including without limitation mandatory and permissive reporters, shall cooperate fully with investigative procedures, including independent investigations and psychological evaluations of the child initiated by the parent on behalf of the child. The provisions of this Paragraph shall not require the disclosure of any communications between an attorney and his client or any confession or other sacred communication between priest, rabbi, duly ordained minister, or Christian Science practitioner and his communicant.
C. All interviews of the child or his parents conducted in the course of a child protective investigation shall be tape-recorded, if requested by the parent or parents.
D. Upon determination that there is reason to believe that the child has been abused or neglected, the local child protection unit shall conduct a more intensive investigation. If necessary, the investigator may apply for an evaluation order authorized by Article 614.
E. When the report concerns a facility under the supervision of the department, the secretary of the department may assign the duties and powers enumerated herein to any office within the department to carry out the purposes of this Chapter or may enter into cooperative agreements with other state agencies to conduct investigations in accordance with this Article.
F. Violation of the duties imposed by this Article subjects the offender to criminal prosecution authorized by R.S. 14:403(A)(2).
G. The Department of Children and Family Services shall set priorities for case response and allocate staff resources to cases identified by reporters as presenting immediate substantial risk of harm to children. Absent evidence of willful or intentional misconduct or gross negligence in carrying out the investigative functions of the state child protection program, caseworkers, supervisors, program managers, and agency heads shall be immune from civil and criminal liability in any legal action arising from the department's decisions made relative to the setting of priorities for cases and targeting of staff resources.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 675, §1; Acts 1995, No. 444 §1, eff. June 17, 1995; Acts 1999, No. 1355, §1, eff. July 12, 1999; Acts 2011, No. 189, §1; Acts 2013, No. 225, §1; Acts 2014, No. 486, §1; Acts 2018, No. 296, §1; Acts 2022, No. 272, §1; Acts 2025, No. 409, §7.
A. Upon a finding of institutional abuse or neglect, resulting from a single act or occurrence, the department shall require that the owner, operator, or administrator of the facility formulate a plan of remedial action. Within thirty days of the department's request, the owner, operator, or administrator shall notify the agency in writing of a plan of remedial action. Within ninety days of the request, the owner, operator, or administrator shall fully implement the plan for remedial action, unless otherwise agreed to by the department.
B. Upon a finding of institutional abuse or neglect resulting from several incidents that have occurred at the facility, within seven days of the finding, the department shall require that the owner, operator, or administrator of the facility make appropriate administrative, personnel, or structural changes at the facility. Within thirty days of such request, the owner, operator, or administrator of the facility shall notify the department of the progress in complying with the requirement. The department and the owner, operator, or administrator shall establish a reasonable period in which the requested changes shall be completed.
C. If an owner, operator, or administrator of a facility does not formulate or implement a plan for remedial action or make requested changes, the department shall recommend to the entity that licenses, oversees, certifies, or authorizes the operation of the facility, that appropriate sanctions or actions be imposed against the facility.
D. If there is reasonable cause to believe that a teacher, employee, volunteer, or other staff person has committed an act of child abuse or neglect, he shall be temporarily removed from his position at the institution or reassigned to other duties in which he will not have contact with the child victim or other children.
E. In accordance with the Administrative Procedure Act, the department shall adopt rules setting forth the procedures for the investigation and reporting of institutional abuse. Such rules may provide for the investigation to be conducted by an agency that contracts with the state whose staff is trained to conduct such investigations. The procedures may include the use of review teams to make recommendations to the department concerning the procedures for investigating institutional abuse or neglect.
Acts 2003, No. 567, §1, eff. upon allocation of adequate funding and subject to the approval of the Joint Legislative Committee on the Budget.
A. If in the course of an investigation of a report, admission cannot be obtained to the home, school, or any other place where the child may be found, the investigator shall apply to the juvenile court for an order authorizing an entry for the purposes of interviewing the child and other members of the household, for the visual inspection of the child, and for an inspection of the home to the extent such an inspection is essential to the investigation of specific allegations. The affidavit of the applicant must demonstrate:
(1) That reasonable suspicion exists that the child has been abused or neglected.
(2) That entry has been denied.
B. The court may grant such an order on an ex parte application and may also order a law enforcement officer to accompany the applicant in executing the entry order.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
A. If necessary, the investigator may apply to the court for certain medical examinations and evaluations of the child or other children in the household.
B. Upon a showing of good cause in an affidavit executed by the applicant, the court may order a physical examination and evaluation of the child or other children in the household by any physician. Such an order may be granted ex parte.
C. Upon a showing of good cause in an affidavit executed by the applicant and after a contradictory hearing, the court may order a psychological or psychiatric examination and evaluation of the child or other children in the household by a psychologist or psychiatrist.
D. Upon a showing of good cause in an affidavit executed by the applicant and after a contradictory hearing, the court may order a physical, psychological, or psychiatric examination of the parent or caretaker.
E. When a medical examination of a child has been conducted pursuant to Article 612(A)(4), upon a showing of good cause in an affidavit executed by the applicant and after a contradictory hearing, the court may order an additional physical examination of the child or other children in the household by any physician. For the purposes of this Paragraph, an applicant may be the investigator or the child's parent or caretaker.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1995, No. 1095, §2; Acts 2013, No. 225, §1.
A. In determining the disposition of the report, the agency shall take into account, in mitigation, the possibility of accidental injury or condition, or that the injury resulted from what might be considered a reasonable exercise of discipline for the child's misbehavior.
B. After investigation, the local child protection unit shall make one of the following determinations:
(1) The child appears to be a child in need of care and the child's immediate removal is necessary for protection from further abuse or neglect, in which case, whenever extraordinary justification arises, the local child protection unit shall apply for an instanter removal order to place the child in the custody of a suitable relative or other suitable individual capable of protecting the health, welfare, and safety of the child or the state as authorized by Articles 619 and 620 and shall notify the district attorney as soon as possible.
(2) The report is substantiated, in that there is evidence of child abuse, or neglect, and a protective order or instanter safety plan order would eliminate the need for removal of the child in order to protect him from further abuse, in which case it may apply for a temporary restraining order or protective order authorized by Articles 617 and 618, or an instanter safety plan order authorized by Article 619 or 620.
(3) The report is substantiated, in that there is evidence of child abuse or neglect, in which case it shall report all pertinent information to the district attorney, as soon as possible but in no case more than thirty days after such determination, for evaluation of whether a child in need of care petition should be filed in the court with juvenile jurisdiction.
(4) The report is inconclusive, in that the evidence tends to support a finding of abuse or neglect, but there is not enough information to confirm a justified report.
(5) The report is unsubstantiated as the evidence does not support a finding of child abuse or neglect.
(6) The investigation indicates the report appears to be false and that the reporter knowingly made a false report in which case all pertinent information shall be forwarded to the district attorney for a determination of whether the evidence supports a finding of a false public report.
C. In addition to investigation or assessment of reports, or both, the local child protection family services unit may offer available information, referrals, or services to the family when there appears to be some need for medical, mental health, social, basic support, supervision, or other services. Assignments for case response and allocation of resources shall be made in the order of children at greatest risk of harm to the lowest risk of harm. The individualized intervention strategies based on this risk assessment may include concurrent planning.
D. Violation of the duties imposed by this Article subjects the offender to criminal prosecution authorized by R.S. 14:403(A)(2).
E. When after the investigation of a report, the determination is made that the report is inconclusive or unsubstantiated, as provided in Subparagraphs (B)(4) and (5) of this Article, the files, records, and pertinent information regarding the report and investigation shall be strictly confidential, shall not become part of the central registry except as otherwise provided in Subparagraph (1) of this Paragraph or in Article 616(F), shall not be disclosed or ordered to be produced in conjunction with any legal proceeding or other matter except as provided in Subparagraph (4) of this Paragraph, and shall be maintained only for the following purposes:
(1) The files, records, and information shall remain unsealed and shall be maintained for the exclusive use of child protective services, to assist in future risk and safety assessments. The Department of Children and Family Services shall maintain all files and records for seven years from the date of the determination, unless a subsequent inconclusive or unsubstantiated report is received during that period. In that case, information from all such reports will be maintained until the youngest child in the alleged victim's family attains the age of eighteen years or seven years from the date of the latest determination, whichever is longer. If information from an inconclusive or unsubstantiated report is used as a part of the basis for a later, related, and substantiated report, the earlier report shall become part of the file of the substantiated report and shall cease to be a separate report.
(2) All files, records, and information shall be admissible in any civil litigation or criminal proceeding against the Department of Children and Family Services or its employees wherein work performance or conduct is at issue. They shall remain confidential and be placed under seal by the court to prevent disclosure to the public. The department shall maintain the files, records and information during the pendency of the litigation or prosecution.
(3) All files, records, and information regarding a report that has been determined to be inconclusive may be released to law enforcement investigators in the course of investigations of crimes involving acts against children in order to assist in the proper evaluation of current reports of abuse which may include a pattern of incidents. Notwithstanding any other provision of law to the contrary, these files, records, and information shall remain confidential and shall not be subject to disclosure pursuant to R.S. 44:1 et seq. If a court determines that the files, records, and information are admissible in criminal proceedings involving acts against children, those files, records, and information shall be placed under seal by the court to prevent disclosure to the public.
(4)(a) All files, records, and information regarding a report that has been determined to be inconclusive or unsubstantiated shall be released to local, state, and federal law enforcement agencies, military authorities, prosecuting authorities, and coroners upon request when such entity is in the course of investigations or legal proceedings and the requesting entity has good cause to believe that the files, records, or information contain information which may be constitutionally required to be disclosed pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and its progeny. The requesting agency shall request the information in writing and state the purpose for which the information is being requested.
(b) Files, records, and information released pursuant to this Subparagraph shall be confidential and shall not be further disclosed except as expressly authorized by Article 412. Notwithstanding any other provision of law to the contrary, files, records, and information released pursuant to this Subparagraph shall not be subject to disclosure pursuant to R.S. 44:1 et seq.
F. The department shall promulgate rules to provide for the disposition, handling, maintenance, and storage of inconclusive and unsubstantiated reports in keeping with this Article. Nothing in this Article shall be construed to modify or abrogate the provisions of R.S. 44:411.
G. Except as provided in Subparagraph (B)(6) of this Article, the name of the reporter shall not be disclosed.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 505, §1; Acts 1995, No. 444, §§1, 2, eff. June 17, 1995; Acts 1995, No. 625, §1, eff. June 19, 1995; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 1999, No. 593, §1; Acts 2003, No. 567, §1; Acts 2004, No. 457, §§1, 2, eff. June 24, 2004; Acts 2005, No. 148, §1; Acts 2006, No. 580, §1, eff. June 23, 2006; Acts 2006, No. 394, §1; Acts 2014, No. 486, §1; Acts 2022, No. 232, §1; Acts 2022, No. 272, §1; Acts 2025, No. 409, §7.
A. When a law enforcement agency receives a report of a crime involving sexual abuse of a child, including but not limited to those received pursuant to Louisiana Children's Code Article 610(E)(3), the law enforcement agency shall:
(1) Maintain a report containing all information listed in Louisiana Children's Code Article 610(B) and (C), if known, and conduct a full investigation of the allegations.
(2) Maintain the confidentiality of the identity of the reporter in accordance with R.S. 46:56.
(3) After investigation of the report of child sexual abuse by the law enforcement agency having jurisdiction over the reported incident, send the investigative file to the district attorney for review whether or not an arrest is made.
B. In cases involving allegations of sexual abuse of a child:
(1) If the district attorney determines that the report has been fully investigated and there is insufficient evidence to establish probable cause for arrest, the district attorney shall upload the information contained in the report pursuant to Louisiana Children's Code Article 610(B) and (C) to the central registry for children in need of care maintained by the Bureau of Criminal Identification and Information in the office of state police if an alleged perpetrator has been identified. The information uploaded to the registry shall also include the name of the law enforcement agency that handled the investigation of the complaint.
(2) If the district attorney determines that the report needs further investigation, he shall refer the report to the multidisciplinary team established pursuant to Louisiana Children's Code Article 507 et seq. If, after a multidisciplinary team investigation, there is still insufficient evidence to establish probable cause for an arrest, the pertinent information in the report shall be uploaded to the bureau as provided in Subparagraph (B)(1) of this Article.
(3) In no case shall the district attorney forward information to the Bureau of Criminal Identification and Information in the office of state police when the district attorney finds, based on the investigation, that the allegations are false.
Acts 2006, No. 394, §1.
A. The department shall maintain a state repository of all reports of abuse and neglect. The purpose of this state repository, among other uses, is to provide information of past reports of child abuse or neglect of children to assist in the proper evaluation of current reports of abuse or neglect which may include a pattern of incidents.
B. Within the state repository, the department shall maintain a state central registry of certain substantiated reports of abuse and neglect as set forth in rules promulgated by the department. The name of an individual who was placed on the state central registry as a perpetrator of abuse or neglect prior to the effective date of Article 616.1.1 shall not be released outside of the department until that individual's administrative appeals are exhausted. After the effective date of Article 616.1.1, the name of an individual who is determined to be a perpetrator of abuse or neglect shall not be placed on the state central registry until that individual's administrative appeals are exhausted. All decisions rendered by an administrative law judge are final, and the decisions shall exhaust the individual's administrative remedy. However, notwithstanding any other provision of law, the department shall provide information involving an investigation from either the repository or the state central registry immediately to the local district attorney's office, or its designee, or to the court, when taking court action is necessary to protect the child from abuse or neglect. The department shall provide information involving an open investigation or a completed investigation determined to be substantiated from either the repository or the state central registry to another state's child welfare agency upon written request when the request is made pursuant to an ongoing child protective services investigation in the other state.
C. Except as provided in this Article or R.S. 46:56, all records of reports of child abuse or neglect are confidential. The department shall promulgate rules regarding the maintenance, deletion, and release of information in the state repository and central registry.
D. Upon the written request of the court during its evaluation of any of the following individuals who will have contact with children served by the court-appointed special advocate program, and with the consent of the individual, the department shall search the central registry and report to the court any substantiated report of abuse or neglect alleging that the individual is a perpetrator:
(1) An individual applying to work as a court-appointed special advocate.
(2) A CASA staff member.
(3) A member of the CASA board of directors.
E. When, after an investigation, the determination is made by the department that the report does appear to be substantiated, any subsequent adjudication by a court exercising juvenile jurisdiction which dismisses the child in need of care petition involving this report shall be added to the central registry.
F. Information from investigations of reports that are inconclusive may be disclosed, with the applicant's written consent, for the limited purposes of evaluating the applicant to be a foster parent, an adoptive parent, or caregiver pursuant to R.S. 46:56(F)(11).
G. Violation of the confidentiality provisions of this Article, Article 615, or the lawful regulations of the department subjects the offender to criminal prosecution authorized by R.S. 14:403(A)(2).
H. The department may charge a fee, that shall not exceed twenty-five dollars, to conduct a search of the state central registry of substantiated abuse or neglect reports to determine whether an individual's name is recorded therein. A search shall be allowed only when specifically authorized. The fee shall not apply to searches for school employees conducted pursuant to R.S. 17:15.
I. The department shall promulgate, in accordance with the Administrative Procedure Act, all rules and regulations necessary to carry out the provisions of this Article.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 505, §1; Acts 1995, No. 625, §1, eff. June 19, 1995; Acts 1997, No. 903, §2, eff. July 10, 1997; Acts 1999, No. 593, §1; Acts 2003, No. 567, §1; Acts 2017, No. 348, §1, special eff. date; Acts 2018, No. 320, §§2, 3; Acts 2018, No. 556, §1; Acts 2025, No. 409, §7.
A. When a report alleging abuse or neglect is recorded as justified by the department in the state central registry but when no petition is or was subsequently filed alleging that the child is in need of care, the individual who is the subject of the finding may file a written motion seeking correction of that entry and all related department records in the court exercising juvenile jurisdiction in the parish in which the finding was made.
B. Prior to the hearing, the motion shall be served on the department and the district attorney.
C. If neither the department nor the district attorney files a written objection, the court may enter an order in accordance with Paragraph D.
D. If after a contradictory hearing with the department and the district attorney the court finds that the report was not justified, in accordance with Article 615(B)(4) or (5), and correction of the record is not contrary to the best interest of the child, it may order the department to correct the central registry entry. If the central registry entry is ordered to be corrected, the department and any law enforcement offices having any record of the report shall be ordered to correct those records and any other records, notations, or references thereto, and the court shall order the department and other custodians of such records to file a sworn affidavit to the effect that their records have been corrected. The affidavit of the department shall also attest to the correction of the central registry entry.
E. The originals of the affidavits required in Paragraph D shall be kept by the court and a copy shall be retained by the affiant. The copy shall not be a public record and shall not be open for public inspection but rather shall be kept under lock and key and maintained only for internal recordkeeping purposes and to preserve the integrity of the files of the department or office and shall not be used for any investigative purpose.
F. The provisions of this Article shall apply only to those reports determined by the department to be justified prior to the effective date of Children's Code Article 616.1.1.
Acts 1997, No. 612, §1; Acts 2017, No. 348, §1, eff. upon promulgation and publication by DCFS rules.
A. When a report alleging abuse or neglect is substantiated by the department, the individual who is or was the subject of the determination may make a formal written request to the division of administrative law for an administrative appeal of the substantiated determination, in accordance with the procedures set forth in Title 67 of the Louisiana Administrative Code.
B. When a report alleging abuse or neglect is determined to be inconclusive by the department, there shall be an internal second level approval of any inconclusive finding.
C. The department shall provide a written notice to the individual who is or was the subject of the determination in clear, concise, and understandable language that is easy to read, containing all of the following:
(1) An explanation of the determination by the department.
(2) An explanation of the consequences of the determination.
(3) The individual's right to an administrative appeal.
(4) The specific procedure for requesting an appeal, including the deadline.
(5) The name and contact information of a department representative the individual may contact for additional information.
D. The department shall promulgate, in accordance with the Administrative Procedure Act, all rules and regulations necessary to implement the provisions of this Article.
Acts 2017, No. 348, §1, eff. upon promulgation and publication by DCFS rules; Acts 2022, No. 535, §1; Acts 2024, No. 507, §5; Acts 2025, No. 409, §7.
A. The Bureau of Criminal Identification and Information in the office of state police shall maintain a central index registry of all reports of sexual abuse obtained in accordance with Article 615.1. The purpose of the registry is to provide information of past reports of child sexual abuse to assist in the proper evaluation of current reports of abuse which may include a pattern of incidents and which may prove admissible in a criminal prosecution under Code of Evidence Article 404(B) or 412.2.
B. When the information contained in the reports is obtained by the bureau in accordance with Article 615.1:
(1) The pertinent information regarding the report and investigation shall be indexed by the name of the alleged perpetrator and shall be maintained for the exclusive use of child protection and law enforcement investigators in the course of investigations, for the sole purpose of evaluating the existence of patterns of incidents in pending child abuse investigations.
(2) All pertinent information regarding these reports and investigations shall be strictly confidential and shall not under any circumstances be disclosed or ordered to be produced in conjunction with any legal proceeding or matter, except as provided for in this Article. The Department of Public Safety and Corrections shall promulgate rules and regulations, in accordance with the Administrative Procedure Act, to provide for the disposition, handling, maintenance, and storage of the information forwarded to them pursuant to this Article and not in conflict with this Article.
(3) Notwithstanding Subparagraph (B)(2) of this Article, all information regarding the reports shall be maintained by the Department of Public Safety and Corrections for ten years from the date of receipt of the report, unless a subsequent report is received during that time period, in which case, information from all reports will be maintained indefinitely.
Acts 2006, No. 394, §1.
A. Upon good cause shown in an ex parte proceeding, the court may enter a temporary restraining order, without bond, as the court deems necessary to protect from abuse or neglect the petitioner, any children, or any person alleged to be incompetent. Immediate and present danger of abuse shall constitute good cause for purposes of this Article. The order may include but is not limited to the following:
(1) Directing the defendant to refrain from abusing, neglecting, harassing, or interfering with the person or employment or going near the residence or place of employment of the petitioner, the children, or any person alleged to be incompetent, on whose behalf a petition was filed.
(2) Awarding to a party use and possession of specified community property, such as an automobile.
(3) Granting possession to the petitioner of the residence or household to the exclusion of the defendant, by evicting the defendant or restoring possession to the petitioner where:
(a) The residence is jointly owned in equal proportion or leased by the defendant and the petitioner or the person on whose behalf the petition is brought.
(b) The residence is solely owned by the petitioner of the person on whose behalf the petition is brought.
(c) The residence is solely leased by defendant and defendant has a duty to support the petitioner or the person on whose behalf the petition is brought.
(4) Prohibiting either party from transferring, encumbering, or otherwise disposing of property mutually owned or leased by the parties, except when in the ordinary course of business or for the necessary support of the party or the children.
B. If a temporary restraining order is granted without notice, the matter shall be set within ten days for a rule to show cause why the protective order should not be issued, at which time the petitioner must prove the allegations of abuse or neglect by a preponderance of the evidence. The defendant shall be given notice of the temporary restraining order and the hearing on the rule to show cause by service of process as required by law.
C. During the existence of the temporary restraining order, a party shall have the right to return to the family residence once to recover his or her personal clothing and necessities, provided that the party is accompanied by a law enforcement officer to insure the protection and safety of the parties.
D. If no temporary restraining order has been granted, the court shall issue a rule to show cause why the protective order should not be issued, and set the rule for hearing on the earliest day that the business of the court will permit, but in any case within ten days from the date of service of the petition, at which time the petitioner must prove the allegations of abuse or neglect by a preponderance of the evidence. The defendant shall be given notice by service of process as required by law.
E. If the hearing pursuant to Paragraph B or D of this Article is continued, the court shall make or extend such temporary restraining orders as it deems necessary. Such continuance shall not exceed ten days.
F. The court may, in its discretion, grant an emergency temporary restraining order outside regular court hours.
G, H. Repealed by Acts 2001, No. 567, §3.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 1156, §1; Acts 1999, No. 1356, §1, eff. July 12, 1999; Acts 2001, No. 567, §3; Acts 2024, No. 92, §1.
A. The court may grant any protective order or approve any consent agreement to bring about a cessation of abuse or neglect of a party, any children, or any person alleged to be incompetent, and the relief may include but is not limited to:
(1) Granting the relief enumerated in Article 617.
(2) When there is a duty to support a party, any children, or any person alleged to be incompetent living in the residence or household, ordering payment of temporary support or provision of suitable housing for them.
(3) Awarding temporary custody of or establishing temporary visitation rights and conditions with regard to any children or person alleged to be incompetent.
(4) Ordering counseling or professional medical treatment for either the defendant or the abused or neglected person, or both.
B. A protective order may be rendered pursuant to this Chapter if the court has jurisdiction over the parties and subject matter and either of the following occurs:
(1) The parties enter into a consent agreement.
(2) Reasonable notice and opportunity to be heard are given to the person against whom the order is sought sufficient to protect that person's right to due process.
C. Any protective order issued within this state or outside this state that is consistent with Paragraph B of this Article shall be accorded full faith and credit by the courts of this state and enforced as if it were the order of the enforcing court.
D. On the motion of any party, the court, after notice to the other parties and a hearing, may modify a prior order to exclude any item included in the prior order or to include any item that could have been included in the prior order.
E. A protective order made under this Article shall be served on the person to whom the order applies in open court at the close of the hearing, or in the same manner as a writ of injunction. The clerk of the issuing court shall send a copy of the order or any modification thereof to the chief law enforcement official of the parish where the person or persons protected by the order reside. A copy of the protective order shall be retained on file in the office of the chief law enforcement officer as provided herein until otherwise directed by the court.
F. Any final protective order or approved consent agreement shall be for a fixed period of time, not to exceed six months, and may be extended by the court, after a contradictory hearing, in its discretion. Such protective order or extension thereof shall be subject to a devolutive appeal only.
G, H. Repealed by Acts 2001, No. 567, §3.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1995, No. 1095, §2; Acts 1997, No. 1156, §1; Acts 1999, No. 1356, §1, eff. July 12, 1999; Acts 2001, No. 567, §3; Acts 2024, No. 92, §1.
A.(1) A peace officer, district attorney, or employee of the local child protection unit of the department may file a verified complaint alleging facts showing that there are reasonable grounds to believe that the child is in need of care and that emergency removal or the implementation of a safety plan is necessary to secure the child's health, welfare, and safety.
(2) After the complaint has been filed, the parent is without authority to place the child with any individual or institution except the department until legal custody is returned to the parent or the safety plan is terminated.
B.(1) If removal of the child is requested, the court shall immediately determine whether reasonable efforts, as defined by Article 603, have been made by the department to prevent or eliminate the need for the child's removal. In making the determination, the court shall consider all of the following:
(a) Whether the department has requested a temporary restraining order pursuant to Article 617.
(b) Whether the department has requested a protective order pursuant to Article 618.
(c) Whether the department has requested an instanter safety plan order pursuant to this Article.
(d) Any services or support offered or attempted prior to the request for an instanter order to control the threat of danger or substitute for diminished or absent caretaker protective capacity.
(2) In making and determining reasonable efforts, the child's health, welfare, and safety shall be the paramount concern.
(3) Even if the department's efforts have not been reasonable, the court may authorize the removal of the child if the court determines that removal is necessary to secure the safety of the child and that additional efforts would not keep the child safe from identified threats of danger.
C.(1) Upon presentation of the verified complaint, the court shall immediately determine whether emergency removal or the issuance of an instanter safety plan order is necessary to secure the child's health, welfare, and safety.
(2) If the court finds that continuation in the home would be contrary to the health, welfare, and safety of the child, the court shall immediately issue a written instanter order directing that the child be placed in the provisional custody of a suitable relative or other suitable individual capable of protecting the health, welfare, and safety of the child or that the child be taken into the custody of the state. The order shall contain written findings of fact supporting the necessity for the child's removal. If the child has been ordered into the custody of a suitable relative or other suitable individual, a safety plan shall be made an order of the court and shall direct the provisional custodian to adhere to the conditions of the safety plan. The safety plan shall set forth conditions of contact with parents or other suitable individuals.
(3) If, upon request by the state, the court determines that with the issuance of a safety plan order, the child's health, welfare, and safety can be secured without removal, the court shall immediately issue a written instanter safety plan order directing compliance with the terms of the safety plan. The order shall contain written findings of fact supporting the necessity for the safety plan. The safety plan shall set forth conditions as determined by or agreed upon by the state as necessary for the child's health, welfare, and safety while remaining in the home.
(4) If the court determines that emergency removal or the issuance of a safety plan order is not necessary to secure the child's health, welfare, and safety, the court shall issue a written order denying the request for custody or for the implementation of a safety plan.
D. An instanter order shall be executed by either an employee of the local child protection unit or any peace officer having territorial jurisdiction over the child.
E. Any peace officer having territorial jurisdiction over the child is authorized to serve a summons upon a parent or caretaker, commanding him to appear at court for a continued custody or continued safety plan hearing. The summons shall expressly notify the parent or caretaker that the court may issue a binding order in his absence if he fails to appear. A copy of the summons shall be filed in the record as proof of service. An employee of the local child protection unit shall provide written notice to the parents or caretaker of the date, time, and location of the continued custody or continued safety plan hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1995, No. 1095, §2; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 1999, No. 1215, §1, eff. July 9, 1999; Acts 2001, No. 567, §1; Acts 2005, No. 148, §1; Acts 2006, No. 278, §1; Acts 2014, No. 486, §1; Acts 2022, No. 272, §1.
A. In exceptional circumstances, the facts supporting the issuance of an instanter order and the exceptional circumstances may be relayed orally, including telephonically, to the judge, and the order directing that a child be taken into custody or, upon request by the state, that an instanter safety plan order be implemented may be issued orally.
B. An affidavit containing the information previously relayed orally, including telephonically, shall be filed with the clerk of the court within twenty-four hours, and a written order shall be issued. The written order shall include the court's findings of fact supporting the necessity for the child's removal or the implementation of an instanter safety plan order and, if the child has been removed, shall determine the child's custodian in accordance with Article 619.
C. The affidavit filed after the child has been placed shall indicate whether the child was released to the child's parents or remains removed.
D. The department shall promptly notify the parents or caretaker of the nature of the allegations and, if the child is not released, of the time and place of the continued custody hearing.
E. If the court ordered the implementation of a safety plan, the department shall promptly notify the parents or caretaker of the nature of the allegations, the conditions of the safety plan, and the time and place of a continued safety plan order hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2001, No. 567, §1; Acts 2005, No. 148, §1; Acts 2006, No. 278, §1; Acts 2014, No. 486, §1; Acts 2022, No. 272, §1.
A. A peace officer or probation officer of the court may take a child into custody without a court order if there are reasonable grounds to believe that the child's surroundings are such as to endanger the child's health, welfare, and safety and immediate removal appears to be necessary. The peace officer shall have the responsibility to promptly notify and release the child to the department.
B. Employees of the department shall secure an instanter order before taking a child into custody.
C. The department may release the child or secure an instanter order.
D. The department shall promptly notify the parents or caretaker of the nature of the allegations and, if the child is not released, of the time and place of the continued custody hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2006, No. 278, §1; Acts 2022, No. 272, §1.
A. Prior to the continued custody hearing required in Article 624, a suitable relative or other suitable individual may intervene or seek and obtain an ex parte court order to take provisional custody of the child pending the continued custody hearing. The provisions of Code of Civil Procedure Article 3945 are inapplicable to an ex parte order rendered pursuant to this Paragraph.
B. Unless the best interest of the child requires a different placement, a child who appears to be a child in need of care and whose immediate removal is necessary shall be placed, pending a continued custody hearing, in accordance with the following priorities of placement:
(1) In the home of a suitable relative who is of the age of majority and with whom the child has been living in a stable and safe environment if the relative is willing and able to continue to offer such environment for the child pending an adjudication hearing and if the relative agrees to the safety plan.
(2) In the home of a suitable relative who is of the age of majority if the relative is willing and able to offer a stable and safe environment for the child pending an adjudication hearing and if the relative agrees to the safety plan.
(3) In the home of a suitable individual who is of the age of majority if the individual is willing and able to offer a stable and safe environment for the child pending an adjudication hearing and if the individual agrees to the safety plan.
(4) In foster care under the supervision of the department until further orders of the court.
(5) In a shelter care facility if the child, who is not in the custody of the department, has been the victim of human trafficking as provided for in R.S. 14:46.2 or trafficking of children for sexual purposes as provided for in R.S. 14:46.3.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 1152, §1; Acts 1999, No. 754, §1; Acts 1999, No. 1317, §2; Acts 2005, No. 148, §1; Acts 2006, No. 278, §1; Acts 2017, No. 376, §1; Acts 2022, No. 272, §1; Acts 2023, No. 226, §1.
A. Every juvenile shelter care facility shall maintain a permanent record of certain information as to each child received. The record shall include:
(1) The child's name and address.
(2) The date and time of the child's entry into the facility.
(3) The name of the person who brought the child to the facility.
B. The record in which such information is kept shall not be open for public inspection. Peace officers, counsel representing the child or the parents, the district attorney, the department, persons collecting statistical information, and authorized officers of the court shall have access to the record.
Acts 2007, No. 334, §1.
A. The department shall give notice of any order regarding the child issued in accordance with Article 619(C) or 620 to the child's parents, the district defender or other entity designated for the jurisdiction by the Indigent Parents' Representation Program for representing parents, the entity designated for the jurisdiction by the Louisiana Supreme Court to provide qualified, independent counsel for the child, and other parties. The department shall also give notice regarding any child in foster care to any foster parent, pre-adoptive parent, and relative providing care. The department shall notify the court of each party's address and shall have a continuing duty to provide current information to the court about each party's whereabouts.
B. The notice shall state the date, time, and place of any scheduled hearing and inform the recipient of the right to attend and be heard. The notice to the district defender and the entity designated for the jurisdiction by the Louisiana Supreme Court to provide qualified, independent counsel for the child shall also include a copy of the verified complaint, the affidavit required in Article 620(B), and any order issued by the court.
C. A child twelve years of age or older shall be present in court unless his presence is waived by the court upon motion of the child's counsel. A child below the age of twelve years shall be present in court upon the request of counsel for the child or the court. If the child is present in court, he may choose to testify as to his wishes, and the court shall consider his testimony in the matter. Any testimony given by a child may be taken by a videotaped interview or by closed-circuit television, as authorized by Chapter 8 of Title III of this Code, or by an in-chambers conference attended only by the judge and court reporter and by counsel for the child, for the petitioner, and for the parents.
D. If a foster parent, pre-adoptive parent, or relative providing care for the child fails to appear at a hearing, the department shall report to the court whether notice was given or, if not, what diligent efforts were made to locate and notify the absent person. The court may permit the hearing to be held in the person's absence.
E. The court shall solicit and consider information regarding the care and treatment of the child from any foster parent, pre-adoptive parent, or relative providing care for the child who appears for the hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2007, No. 334, §1; Acts 2012, No. 730, §1; Acts 2022, No. 272, §1.
A. If the court issues an order pursuant to Article 619 or 620, a hearing shall be held by the court within three days after the issuance of the order. An order setting the hearing shall provide for appointment of counsel for the child and notice to the entity approved to represent children. If an instanter safety plan order has been ordered, a hearing shall be held by the court within three days from the issuance of the safety plan order. The parents' signature on the safety plan shall constitute evidence of their agreement with the plan. The continued safety plan hearing shall be conducted in accordance with the procedural and evidentiary rules applicable to continued custody hearings.
B. After notice to all parties and when a child is in foster care, to any foster parent, pre-adoptive parent, and relative providing care, and upon a showing of good cause, the court may grant, deny, or condition a requested continuance of the proceeding in accordance with the best interests of the child. The hearing may be continued for up to three additional days. If a continuance is granted, the court shall issue a written order identifying the mover and reciting the particular facts justifying the continuance.
C.(1) If it appears from the record that, after diligent efforts by the department, the parent cannot be found or has been served a summons or notified by the department to appear at the continued custody or continued safety plan hearing and fails to appear at the hearing, then the hearing may be held in the parent's absence.
(2) If a foster parent, pre-adoptive parent, adoptive parent, or relative providing care for the child fails to appear at the hearing, the department shall report to the court whether notice was given, or, if not, what diligent efforts were made to locate and notify the absent person. The court may permit the hearing to be held in the person's absence.
D. At the commencement of the hearing, on the record, the court shall ask each person before the court whether he knows or has reason to know that the child is an Indian child. Each person before the court shall be instructed to inform the court if he subsequently discovers information indicating that the child is an Indian child.
E. At this hearing, the state has the burden of proving the existence of a ground for continued custody or the continued implementation of a safety plan pursuant to Article 626.
F. The child and the child's parents may introduce evidence, call witnesses, be heard on their own behalf, and cross-examine witnesses called by the state.
G. Hearsay evidence shall be admissible at this hearing.
H. A suitable relative or other suitable individual who seeks to become the custodian of the child shall provide evidence of a willingness and ability to provide a stable and safe environment for the child and to protect the health, welfare, and safety of the child pending an adjudication hearing. The suitable relative or other suitable individual shall affirm a continued acceptance of the terms of the safety plan.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 1999, No. 1215, §1, eff. July 9, 1999; Acts 2001, No. 567, §1; Acts. 2005, No. 148, §1; Acts 2006, No. 278, §§1 and 2; Acts 2007, No. 334, §1; Acts 2014, No. 354, §1; Acts 2014, No. 486, §1; Acts 2018, No. 296, §1; Acts 2022, No. 272, §1.
A. Upon conducting the inquiry required by Article 624(D), a court has reason to know that a child in a continued custody hearing or other child custody proceeding is an Indian child if any of the following occurs:
(1) A person before the court, an officer of the court involved in the proceeding, an Indian tribe, an Indian organization, or an agency informs the court that the child is an Indian child.
(2) A person before the court, an officer of the court involved in the proceeding, an Indian tribe, an Indian organization, or an agency informs the court that it has discovered information indicating that the child is an Indian child.
(3) The child who is the subject of the proceeding gives the court reason to know that he is an Indian child.
(4) The court is informed that the domicile or residence of the child, the child's parent, or the child's Indian custodian is on a reservation or in an Alaska Native village.
(5) The court is informed that the child is or has been a ward of a Tribal court.
(6) The court is informed that either parent or the child possesses an identification card indicating membership in an Indian tribe.
B. If the court makes a finding that there is reason to know that the child is an Indian child, the court may enter any order for placement in accordance with Article 627, but the court shall thereafter proceed as if the child is an Indian child.
Acts 2018, No. 296, §1.
A.(1) At the continued custody or continued safety plan hearing, the court shall advise the parents and may advise the child, insofar as practicable, of:
(a) The nature of the proceedings in terms understandable to the child.
(b) The nature of the allegations in terms understandable to the child.
(c) The right to an adjudication hearing.
(d) The right to be represented by counsel and the right of indigent parents to representation by the Indigent Parents' Representation Program in accordance with Children's Code Article 608.
(2) At the continued custody or continued safety plan hearing, the court shall request the parent and all counsel of record to provide an electronic mail address at which the parent is willing to receive service and notice of future proceedings. The court shall advise the parent that once an electronic mail address is provided, all service and notice of future proceedings may be sent electronically until such time he provides notice to the court and all parties in writing or in open court that he is no longer able to receive service or notice at such address.
B. If the child is continued in the custody of the state, the court shall advise the parents of:
(1) The child's need to have a safe and stable relationship with caretakers, either his parents or, if necessary, others who are willing and able to assume parental responsibility and provide a permanent home, and to have these caretaker decisions made as quickly as possible.
(2) Their responsibility to cooperate in preparing a case plan and otherwise in meeting the needs of their child, and if their child cannot return home safely, to assist the child's adjustment to other caretakers, and their obligation to contribute to the cost of care and treatment of their child as provided in Article 685.
(3) Their responsibility to notify the department and their counsel in writing of their current whereabouts, including their address, cellular number, telephone number, and any other contact information, and that if they fail to do so, the law authorizes hearings to be held in their absence.
C. Upon receipt of information regarding a parent's change of address, the department and the parent's counsel shall promptly inform the court of the new address.
D.(1) The court shall direct all persons before the court to identify the name, address, and whereabouts of each parent and any suitable relative or other suitable individual willing and able to offer a stable and safe home for the child.
(2) The court shall advise all persons before the court of their responsibility in achieving timely permanency for the child, and further shall direct all such individuals to identify the name, address, and whereabouts of all grandparents, all parents of a sibling where such parent has legal custody of such sibling, and all other adult relatives of the child.
E. If at the time of the hearing a petition has been filed, the court may also call upon the parent to answer its allegations in accordance with Chapter 9 of this Title.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 248, §1; Acts 2008, No. 392, §1; Acts 2014, No. 354, §1; Acts 2014, No. 486, §1; Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2022, No. 272, §1.
A. At the first hearing at which the child appears, the judge shall advise any child ten years of age or older, in a developmentally appropriate manner and in terms understandable to the child, that the child is a party to the proceedings and has all of the following rights:
(1) To be represented by an independent and qualified attorney who shall have duties of loyalty, confidentiality, advocacy, and competent representation.
(2) To have notice of and attend all hearings.
(3) To have regular and meaningful communication with the child's attorney in a way that is understandable to the child.
(4) To have the child's attorney present the child's case, including presenting the child's wishes.
(5) To testify as to the child's wishes.
(6) To be free from discrimination based on race, religion, disability, national origin, and sex.
(7) To be provided qualified interpretation, translation, and language assistance services.
(8) To be provided reasonable accommodations for any disability.
(9) If the child has been placed in foster care, to be provided an individualized case plan, which shall provide all of the following:
(a) A focus on the child's health, welfare, and safety and achieving a permanent placement that the child helps to develop and that is continuously updated.
(b) A placement with siblings when consistent with the child's health, welfare, and safety.
(c) A visitation plan that protects significant relationships with relatives through continuing contact when consistent with the child's health, welfare, and safety.
(d) If the child is fourteen years of age or older, the inclusion of a transitional plan that is designed for the child, and with the child, to assist in achieving a successful transition and that is continuously updated. The plan shall include education, health, permanent connections, living arrangements, independent living skills, and employment.
(10) To have the child's attorney file a written response objecting to the case plan and to have the judge approve or disapprove all or part of the case plan.
(11) If the child is fourteen years of age or older and in foster care, to the rights as provided in R.S. 46:286.16, Foster Youth's Bill of Rights (FYBOR).
B. Written notice of the rights set forth in Paragraph A of this Article shall be given to the child; the parents, foster parents, or pre-adoptive parents of the child; and any relative providing care to the child.
Acts 2024, No. 92, §1.
A. The court may authorize continued custody of a child prior to adjudication if there are reasonable grounds to believe the child is in need of care and that continued custody is necessary for the health, welfare, and safety of the child.
B. Except as otherwise provided in Article 672.1, the court shall determine whether the department has made reasonable efforts as defined in Article 603 to prevent or eliminate the need for removal of the child from the home and, after removal, to make it possible for the child to safely return home. The health, welfare, and safety of the child shall be the paramount concern. These determinations shall be supported by findings of fact contained in the continued custody order issued pursuant to Article 627.
C. The court may deem the department to have made reasonable efforts to prevent or eliminate the need for removal if the department's first contact with the family occurred during an emergency which precluded those efforts.
D. The court may authorize the removal of the child even if the department's efforts have not been reasonable if the court determines that removal is necessary to secure the health, welfare, and safety of the child and that additional efforts would not keep the child safe from identified threats of danger. The court may impose any sanctions it deems appropriate pursuant to Article 712.
E. The court may authorize, with the consent of the state, continued implementation of a safety plan prior to the adjudication if there are reasonable grounds to believe that the child is in need of care and that the continued implementation of the safety plan is necessary for the health, welfare, and safety of the child. The safety plan shall continue to set forth conditions as determined or agreed upon by the state as necessary for the protection of the health, welfare, and safety of the child while remaining in the home.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2001, No. 567, §1; Acts 2014, No. 486, §1; Acts 2022, No. 272, §1.
A. Following a hearing, the court may return the child to the parents or, in accordance with Article 622, may place the child in the custody of a suitable relative, other suitable individual, or the department.
B. If a child is not returned to the parents, the court shall place the child in the custody of a suitable relative unless the court has made a specific finding that such placement is not in the best interest of the child. The court shall give specific oral and written reasons for its findings, which shall be made a part of the record of the proceeding.
C. If the court finds that the child can be safely returned home under a protective order pending adjudication, the court may order return of the child and issue protective orders as are deemed necessary for the health, welfare, and safety of the child.
D. If a protective order is issued or modified, the judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall forward it to the clerk of court for filing, all without delay, and the clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to the Louisiana Protective Order Registry, R.S. 46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where available, as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court.
E. If the court finds that the child can safely remain in or return to the home with the implementation of a safety plan developed and agreed upon by the state pending adjudication, the court may order compliance with the conditions of the safety plan.
F. If the court orders that the child be placed in the custody of a suitable relative or other suitable individual, it shall make a safety plan part of its order.
G. The court shall order the appointment of a curator for any parent who is an absentee. The court may order the appointment of a court-appointed special advocate.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 1152, §1; Acts 1997, No. 1156, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 1999, No. 1317, §2; Acts 2005, No. 148, §1; Acts 2006, No. 278, §1; Acts 2014, No. 354, §1; Acts 2014, No. 486, §1; Acts 2022, No. 272, §1.
A. Prior to the filing of a petition, and with the consent of the department, if the child is in the custody of the department, the court or district attorney may authorize an informal adjustment agreement or refer the matter to an intake officer as a families in need of services case.
B. After the filing of a petition, and with the consent of the department, if a child is in the custody of the department, the court may authorize the district attorney to effect an informal adjustment agreement. The court may dismiss the petition or allow the petition to remain pending during the period of informal adjustment.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
A. An informal adjustment agreement shall set forth in writing its terms and conditions and shall be signed by the district attorney, the department, if a child is in the custody of the department, the child's parents, the child if twelve years of age or older, and all counsel of record. When a child is in the custody of the department and a petition has been filed, the agreement must be submitted to the court for its consideration. If approved, the court shall sign the agreement and file it in the record. This agreement shall constitute the case plan for services required by this Title.
B. When the child is not in the custody of the department, the period of informal adjustment shall not exceed six months; however, the court may extend the agreement for one additional period not to exceed six months with consent of all signatories to the original agreement.
C. When a child is in the custody of the department, the period of an informal adjustment agreement shall not exceed three months from the date of the child's entry into foster care; however, the court may extend the agreement for one additional period not to exceed three months with consent of all signatories to the original agreement.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2001, No. 567, §1.
A. An informal adjustment agreement shall not be considered an adjudication. Evidence of such an agreement shall not be admissible in any adjudication hearing or criminal trial.
B. An informal adjustment agreement suspends the proceedings on the acts alleged in the child in need of care petition. If any of the terms of the agreement are violated, the case may proceed to an adjudication hearing on the allegations. If the parent satisfies the terms of the agreement, he shall be discharged from further supervision, and the pending complaint or petition shall be dismissed with prejudice.
C. An informal adjustment agreement does not suspend the elapse of time authorizing pursuit of termination of parental rights consistent with Title X. Evidence of an agreement and the parent's compliance or lack thereof may be admissible in a certification for adoption proceeding.
D. Any incriminating statement made by the parent to the person giving counsel or advice and in the discussions or conferences incident to the informal adjustment agreement shall not be used against the declarant over objection in an adjudication hearing or criminal trial. Any such statement may be used in a disposition hearing in the court or for the purpose of a presentence investigation after a criminal conviction.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2001, No. 567, §1.
A. A child in need of care proceeding shall be commenced by petition filed by the district attorney. The Department of Children and Family Services, when authorized by the court, may file a petition if there are reasonable grounds to believe that the child is a child in need of care.
B. At any time prior to adjudication, any person, including a relative of the child, may petition the court for the provisional or permanent legal custody of the child.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 1317, §2; Acts 2010, No. 462, §1, eff. June 22, 2010; Acts 2014, No. 354, §1.
A. If a child is continued in custody prior to adjudication, or if a protective order is issued, a petition requesting that the child be adjudicated in need of care shall be filed within thirty days of the hearing to determine continued custody. If the child remains in the home and a safety plan order has been issued, a petition requesting that the child be adjudicated in need of care shall be filed within forty-five days of the issuance of the safety plan order.
B. Upon a showing of good cause and notice to all parties, the court may grant, deny, or restrict a requested extension of the time for filing a petition in accordance with the best interests of the child. If an extension is granted, the court shall issue a written order reciting the particular facts justifying the extension.
C. If no petition is filed within the applicable time period, the child shall be returned to the parent or the safety plan shall automatically be terminated.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2014, No. 486, §1.
A. The petition shall contain a caption setting forth the name of the court and the title of the action. The petition shall be entitled, "The State of Louisiana in the Interest of..."
B. Allegations of fact shall be simple, concise, and direct and shall be set forth in numbered paragraphs. As far as practicable, each paragraph shall be limited to a single set of circumstances. Allegations of fact may be made on information and belief.
C. Failure to comply with formal requirements of this Article shall not be grounds for dismissal of a petition or invalidation of the proceedings unless it results in substantial prejudice.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2014, No. 133, §1.
A. The petition shall set forth with specificity:
(1) The name, date and place of birth, sex, race, and address of the child. If the child is in a foster home, the identification of the parish in which he resides shall suffice for his address.
(2) The name and current address of each parent.
(3) A statement as to whether the petitioner knows or has reason to know that the child is an Indian child and facts that support that statement.
(4) Facts that show the child is a child in need of care, including the acts or omissions of either parent which caused or contributed to the child's condition.
B. If any of the information required by Subparagraph (A)(1) or (2) of this Article is unknown, the petition shall so allege. Any defects in the information required by Subparagraph (A)(1) of this Article shall be considered defects of form.
C. The petition shall conclude with a request that the court adjudicate the child to be a child in need of care.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 612, §1; Acts 2018, No. 296, §1.
A. The petitioner may amend the petition at any time to cure defects of form, imperfection, omission, or uncertainty.
B. Prior to the adjudication hearing, the petitioner may amend the petition to include new allegations of fact or requests for adjudication.
C. On motion of the child or parent that he has been prejudiced in his defense on the merits by defect of form, imperfection, omission, or uncertainty, the court may grant a continuance for a reasonable time. In determining whether the child or parent has been prejudiced in his defense upon the merits, the court shall consider all circumstances of the case and the entire course of the proceedings.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2021, No. 270, §1.
Upon the filing of the petition, the court shall provide notice and a copy of the petition to the entity designated for the jurisdiction to provide counsel for the child in accordance with Article 607, and to the entity representing indigent parents in accordance with Article 608.
Acts 2014, No. 354, §1; Acts 2022, No. 272, §1.
When the petition is filed, the court shall issue a summons commanding the child, his resident parents, and such other persons as the court deems proper, to appear before the court at a designated time and place. The summons shall command the parents to appear to answer the petition at a designated time in accordance with Article 646 and may also command the presence of necessary participants for a prehearing conference convened in accordance with Article 646.1.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
If a properly served person fails to appear in response to a summons, the court may order that such person be taken into custody and immediately brought before the court.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
A copy of the petition and the notice of the nature of the hearing and the rights of the parent, as provided for in Article 639, shall be served, in a sealed envelope, upon every parent of the child. A copy of the petition and the notice of the nature of the hearing shall be served on the child through the entity designated for the jurisdiction to provide counsel for the child.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2006, No. 742, §1; Acts 2022, No. 272, §1.
The following notice shall be served with a petition and summons on every parent whose child is the subject of a child in need of care proceeding:
"NOTICE
Louisiana law provides that the health, welfare, and safety of your child or children are of paramount importance and you can lose some or all of your parental rights regarding your children under certain circumstances.
The state has filed a petition that claims that your child is abused or neglected or is otherwise in need of care and asks the court to hold a hearing to determine whether these circumstances exist. If the court rules that your child is being abused or neglected or is otherwise in need of care, as defined by Louisiana law, your rights to have custody of your child, to visit your child, or to make decisions affecting your child will be seriously affected. You may also become liable for paying the costs of your child's care if custody is awarded to some other individual or to the state. If your child cannot be safely returned home and the court grants custody to some other suitable individual or to the state, a petition to terminate your parental rights may be filed.
You have the right to hire an attorney and are encouraged to do so. When you come to court, if you cannot afford to hire an attorney, you may qualify to have the court appoint one for you at state expense.
Whether or not you decide to hire an attorney, you have the right to attend all hearings of your case and must attend as summoned, and the right to call witnesses on your behalf, and to question those witnesses brought against you."
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2022, No. 272, §1.
A. For a child, through counsel, and for a parent who resides within the state, service of the petition, summons, and notice shall be made as soon as possible, and not less than fifteen days prior to commencement of the adjudication hearing on the matter, by any of the following means:
(1) Personal service.
(2) Domiciliary service.
(3) Certified mail.
(4) Electronic mail to the electronic mail address provided by counsel for the child or expressly designated by the parent in a pleading, at the continued custody or continued safety plan hearing, or at any other hearing at which the parent personally appeared before the court.
(5) Actual delivery by a commercial courier.
B. The person effecting service shall execute a return and, if service was made by certified mail, the return receipt shall be attached thereto.
C. Service by electronic mail is complete upon transmission, provided that the sender receives an electronic confirmation of delivery.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2022, No. 272, §1.
A. If a parent does not reside within this state, service of the petition and notice, and summons if issued by the court, shall be made not less than five days prior to commencement of the adjudication hearing on the matter by any of the following means:
(1) Certified mail, return receipt requested, to the address indicated in the petition.
(2) Electronic mail to the electronic mail address expressly designated by the parent in a pleading, at the continued custody or continued safety plan hearing, or at any other hearing at which the parent personally appeared before the court.
B. If service was made by certified mail, the person effecting the service shall file the return receipt as proof of service.
C. Service by electronic mail is complete upon transmission but is not effective if the serving party learns the transmission did not reach the party to be served.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2015, No. 124, §1, eff. June 19, 2015.
If it appears from the record that the parent has been served in accordance with Article 640 or 641 and summoned to any hearing, and the parent fails to appear at the hearing, then the court shall permit the hearing to be held in the parent's absence and the petitioner shall be required to establish prima facie proof of the allegations contained in the petition.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
A. If the parent against whom a proceeding is instituted cannot be served in accordance with Article 640 or 641, the court shall appoint an attorney at law as curator ad hoc for the parent and service shall be made upon the curator ad hoc.
B. Upon appointment of the curator ad hoc, a copy of the letter of appointment shall be forwarded to the department and the district attorney.
C. If the father is unidentified, it is not necessary to appoint a curator ad hoc for that parent. The father shall be considered unidentified if the biological father's name is not provided on the birth certificate, there is no presumed father, and no party to the proceedings or the mother, if not a party, is able to provide a first and last name of a putative father or alias sufficient to provide a reasonable possibility of identification and location.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2017, No. 239, §1.
A. The curator ad hoc shall make a diligent effort to locate the parent and notify him of the pendency and nature of the proceedings. Such notice shall include:
(1) The allegations made against the parent.
(2) The right of the parent to appear at the hearing, to defend against the allegations, and to compel the attendance of witnesses in his behalf.
(3) The right of the parent to retain counsel, or to have counsel appointed if indigent.
(4) The possibility that the parent may be able to enter into an informal adjustment agreement, to consent to judgment, or to transfer custody, with the consent of the court.
(5) The parent's responsibility to notify the department and his counsel in writing of his current whereabouts, including his address, cellular number, telephone number, and any other contact information, and that if he fails to do so, the law authorizes hearings to be held in his absence.
(6) The parent's responsibility to notify the department and the court in writing of the current whereabouts, including address, cellular number, telephone number, and any other contact information, of the child's other parent and any relative or other individual willing and able to offer a wholesome and stable home for the child.
(7) The parent's responsibility to support the achievement of timely permanency for the child.
(8) The parent's responsibility to advise the department and the court in writing of the whereabouts, including the address, cellular number, telephone number, and any other contact information, of all grandparents, all parents of a sibling where such parent has legal custody of such sibling, and all other adult relatives of the child.
(9) The possibility that a judicial certification for adoption proceeding may be initiated if the child remains in the custody of the state.
B. If the curator ad hoc fails to locate the parent, the curator ad hoc shall attend the hearing of this matter, submit a note of evidence on the record indicating the efforts made to locate the parent, and proceed contradictorily unless the parent is subsequently served or waives objection to jurisdiction. Proceedings held contradictorily with the curator ad hoc shall be of full force and legal effect against the parent.
C. If the parent is subsequently served in accordance with either Article 640 or 641 or is located by the curator ad hoc, the curator ad hoc shall be required only to attend the hearing and submit a note of evidence on the record indicating the efforts made to locate the parent.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 578, §4; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 248, §1; Acts 2015, No. 124, §1, eff. June 19, 2015.
A. Notwithstanding any other provision of the law to the contrary, the department shall obtain and provide to the district attorney with any request for a petition all available information pertinent to the location of every parent, including names and addresses of known relatives and any parents of a sibling where such parent has legal custody of the sibling, and any information available from the parent locator service. If a curator ad hoc is appointed, the department shall supply this information to him within fifteen days of its receipt of a copy of the order appointing the curator ad hoc. This duty shall be a continuing one as long as the child remains subject to the jurisdiction of the court.
B. The department shall fully cooperate with any court which has authority with respect to the placement of a child in foster care or for adoption for the purpose of locating a parent of the child. Such cooperation shall include making available all information obtained from the Federal Parent Locater Service.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2007, No. 334, §1; Acts 2015, No. 124, §1, eff. June 19, 2015.
A. The court shall require the parent to appear and to answer the petition at any time prior to the adjudication hearing but no later than fifteen days after the filing of the petition.
B. If the petition is filed prior to or during the hearing to determine continued custody, the court may order the parent to answer the petition upon completion of the hearing.
C. At the appearance, the court may either convene immediately a prehearing conference authorized by Article 646.1, or set a date for the conference.
D. At this hearing, the parent shall be asked to provide an electronic mail address at which the parent is willing to receive service and notice of future proceedings. The court shall advise the parent that once an electronic mail address is provided, all service and notice of future proceedings may be sent electronically until such time he provides notice to the court and all parties in writing or in open court that he is no longer able to receive service or notice at such address.
E. The court may schedule future hearings and serve notice in open court.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2015, No. 124, §1, eff. June 19, 2015.
A. On its own motion or on motion of counsel, the court may convene a prehearing conference attended by the district attorney, the department, counsel for all parties, unrepresented parties, and such other persons as the court deems proper.
B. The prehearing conference may be conducted either in person or by telephone to consider any of the following:
(1) The consideration of alternatives to formal court proceedings when their use is appropriate and in the best interests of the child.
(2) Efforts to identify and locate an absent parent, and suitable relatives or other suitable individuals willing and able to offer a stable and safe home for the child.
(3) Whether there is an issue of paternity requiring the issuance of an order for immediate blood or tissue sampling in accordance with the provisions of R.S. 9:396 et seq.
(4) The simplification of the issues including the elimination of frivolous claims or defenses.
(5) The necessity or desirability of amendments to the petition.
(6) What material facts and issues exist without substantial controversy, and what material facts and issues are actually and in good faith controverted.
(7) Proof, stipulations regarding the authenticity of documents, and advance rulings from the court on the admissibility of the evidence.
(8) Limitations or restrictions on, or regulation of, the use of expert testimony.
(9) The control and scheduling of discovery.
(10) The identification of witnesses, documents, and exhibits.
(11) Such other matters as may aid in the disposition of the action.
C. The court shall render an order which recites the action taken at the prehearing conference, the amendments allowed to the petition, and the agreements made by the parties as to any of the matters considered, and which limits the issues for adjudication to those not disposed of by admissions or agreements of counsel. Such order controls the subsequent course of the action, unless modified at the adjudication hearing to prevent manifest injustice.
D. If counsel for any party fails to obey a prehearing order, or to appear at the prehearing and scheduling conference, or is substantially unprepared to participate in the conference, or fails to participate in good faith, the court, upon its own motion or on the motion of a party, after hearing, may make orders as are just, including orders provided in Code of Civil Procedure Article 1471(A)(2), (3), and (4). In lieu of or in addition to any other sanction, the court may require the party or counsel for the party, or both, to pay the reasonable expenses incurred by noncompliance with this Paragraph, including attorney fees.
Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2022, No. 272, §1.
With the approval of the petitioner and the department, if a child is in the custody of the department, a parent whose child is the subject of pending proceedings may, with or without admitting the allegations of the petition, stipulate that the child is in need of care according to Article 606, provided that:
(1) A prehearing conference has been convened in accordance with Article 646.1.
(2) The parent personally appears before the court.
(3) The court fully informs the parent of his rights as required by Article 625.
(4) The court fully informs the parent of the consequences of such a stipulation, including the parent's responsibility to comply with the case plan and correct the conditions requiring the child to be in care.
(5) The parent knowingly and voluntarily consents to the judgment.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
At the appearance to answer, the court shall advise the parent and the child of their rights and responsibilities pursuant to Articles 625 and 625.1, unless they were so advised at a previous hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2024, No. 92, §1.
A. After the parent has been advised of his rights, and if the parent has not stipulated pursuant to Article 647, the court shall determine whether the parent admits or denies the allegations of the petition.
(1) If the parent denies the allegations of the petition, the court shall set the matter for adjudication.
(2) If the parent admits the allegations of the petition, the court shall determine whether there is a factual basis for adjudication and whether the parent consents to adjudication.
B. A child may object, in writing or in open court, to an answer of his parent, which objection shall be entered into the minutes of the court.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
A. For good cause shown, the court may allow any family member or interested person to intervene to facilitate the placement of the child and to ensure that the best interests of the child are protected.
B. The court may limit the nature and extent of the intervenor's participation in the adjudication hearing.
C. For the purposes of this Article, "interested person" means any person with whom the child enjoys a close, established, significant relationship, yet not a blood relative, including a neighbor, godparent, teacher, or close friend of the parent.
Acts 2023, No. 226, §1.
A. All motions prior to the adjudication hearing shall be made by written motion filed no later than fifteen days before any scheduled adjudication hearing. In the interest of justice, the court may allow additional time within which to make or file such motions or may permit such requests to be made by oral motion.
B. The motion shall state with particularity the grounds therefor and shall set forth the relief sought.
C. A motion may be granted without a contradictory hearing when mover is clearly entitled thereto without supporting proof. A motion shall not be denied without a contradictory hearing unless, assuming the facts alleged to be true, mover is not entitled to relief.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
A. At any stage of the proceeding, upon written motion of counsel for the child or his parent, the court may order the district attorney or the department to permit counsel to inspect:
(1) Reports of investigation in the possession or control of the district attorney or the department.
(2) Reports of evaluations or tests pertaining to the child in the possession or control of the district attorney or the department.
(3) The case records maintained by the department pertaining to the child and the parent, except information otherwise protected under R.S. 46:56 or by restrictive order pursuant to Article 653.
(4) Any videotape of a protected person made in compliance with Chapter 8 of Title III which is in the possession or control of the district attorney.
B. The court shall order the district attorney or the department to permit counsel to inspect and copy any physical evidence, documents, or photographs which the state intends to offer into evidence at the adjudication hearing as provided for in Paragraph A(1), (2), and (4). However, the court may, in its discretion, permit the inspection of evidence provided for in Paragraph A(3).
C. At any stage of the proceeding, upon written motion of counsel for the child or his parent, the district attorney, or the department, and after a contradictory hearing and a showing of good cause, unless all parties agree, the court shall order the other party to permit counsel to obtain discovery not provided for in Paragraphs A and B of this Article regarding any matter, not privileged, including but not limited to attorney-client privilege or information not otherwise protected under R.S. 46:56 and 2124.1 or by restrictive order pursuant to Article 653, which is relevant to the subject matter involved in the adjudication hearing including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things, and the identity and location of a person having knowledge of any discoverable matter. It is not grounds for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.
D. If counsel for the child or the parent is provided discovery, the court may condition that order upon reciprocal discovery by the state.
E.(1) The court shall not order the production or inspection of any part of a writing that reflects the mental impressions, conclusions, or theories of an attorney, nor any other type of discovery except that expressly authorized by this Article.
(2) The court shall not order the production or inspection of any document or information which contains identifying information regarding a victim of domestic abuse or victim of dating violence as defined in R.S. 46:2132 or 2151, including physical or e-mail address, place of employment, telephone number, safety plan, or other protective measure or resource considered, implemented, planned, or accessed by the victim. The court shall not order the production or inspection of any document or information which discloses the location of a shelter or other facility which provides services to victims of domestic abuse or dating violence.
F. The duties imposed by a discovery order are continuing in nature as long as the child is subject to the jurisdiction of the court, unless the order provides to the contrary.
G. The party requesting discovery shall be responsible for reasonable copy costs associated with such discovery. Fees for copying shall be charged according to the uniform fee schedule adopted by the division of administration, as provided by R.S. 39:241, unless the child or parent is indigent, in which case no charge shall be made for such copies.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2004, No. 241, §2; Acts 2010, No. 462, §1, eff. June 22, 2010.
A. The court may limit, modify, or restrict discovery upon written motion and a showing of good cause, such as a claim of confidentiality under R.S. 46:56. Such showing may be made ex parte if the interests of justice so require.
B. If the court restricts, limits, or modifies its order, the written motion showing good cause may be sealed and shall be placed in the record of the proceeding.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
A. On its own motion, or on the motion of the child, the parent, or the petitioner, the court may order any child concerning whom a petition has been filed to be examined by a physician, optometrist, or audiologist.
B. On its own motion or on motion of the parent or the petitioner, after a contradictory hearing and a showing of good cause, the court may order any child alleged to be in need of care to be examined by a psychologist or a psychiatrist.
C. On the motion of the child, the court may order a child concerning whom a petition has been filed, to be examined by a psychologist or a psychiatrist.
D. Any examination as herein provided shall be made and the findings submitted to the court within thirty days of the date the order is entered. Such period may be extended by the court for good cause.
E. Copies of any reports of findings submitted to the court shall be available to counsel for all parties.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
A. On its own motion, or on the motion of the child or the petitioner, the court may order the parent of a child concerning whom a petition has been filed to provide necessary medical or surgical care.
B. If the parent fails to provide such care, the court may, after due notice to the parent, order the care and order the parent to pay all or part of the expense.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
On its own motion, or on the motion of the child, the parent, or the petitioner, if the petition also alleges that the child is a delinquent or that the family is in need of services, the court may, in the interest of justice, order separate adjudication hearings.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
A. All objections to the proceedings, including objections based on defects in the petition and defenses capable of determination as a matter of law, may be raised by a motion to dismiss.
B. Upon a finding of grounds to dismiss the petition as provided in Paragraph A of this Article, the court shall order that the petition be dismissed.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2022, No. 176, §1.
The court shall dismiss a petition on the motion of the petitioner.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2022, No. 176, §1.
A. If the child is in continued custody pursuant to Article 627, the adjudication hearing shall commence within forty-five days of the filing of the petition. If the child is not continued in custody, the adjudication hearing shall commence within one hundred five days of the filing of the petition.
B. After notice to the opposing party and upon a showing of good cause, the court may grant, deny, or condition a requested continuance of the proceeding in extraordinary circumstances. The hearing may be continued for up to five additional days. If a continuance is granted, the court shall issue a written order identifying the mover and reciting the particular facts justifying the continuance.
C. If the hearing has not been commenced timely, upon motion of the child, the court shall release a child continued in custody and may dismiss the petition.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
The court shall determine the order of the presentation of evidence at an adjudication hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
A. The child, his parents, counsel, the district attorney, authorized officials of the court as designated by the judge, agency representatives as designated by the state, court-appointed special advocate (CASA) volunteer, the witness under examination, and the judge may be present at the adjudication hearing.
B. A child twelve years of age or older shall be present in court unless his presence is waived by the court upon motion of the child's counsel. A child below the age of twelve years shall be present in court upon the request of counsel for the child or the court. If the child is present in court, he may choose to testify as to his wishes, and the court shall consider his testimony in the matter. Any testimony given by a child may be taken by a videotaped interview or by closed-circuit television, as authorized by Chapter 8 of Title III of this Code, or by an in-chambers conference attended only by the judge and court reporter and by counsel for the child, for the petitioner, and for the parents.
C. The court shall not admit any other person into the courtroom unless the court has determined that the person has a proper interest in or is necessary to the proceedings.
D. On its own motion the court may, and on the request of a party the court shall, order that the witnesses, other than parties, be excluded from the courtroom or from a place where they can see or hear the proceedings, and refrain from discussing the facts of the case with anyone other than counsel in the case. In the interest of justice, the court may exempt any witness from its order.
E. Prior to the commencement of the hearing, the court shall determine whether it is in the child's best interest for the child to remain in the courtroom during the testimony of the witnesses.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2006, No. 764, §1; Acts 2012, No. 730, §1.
A. At the commencement of the adjudication hearing, the court shall inquire as to whether the petitioner or any person before the court knows or has reason to know that the child is an Indian child. If no person before the court responds affirmatively, the court may proceed, although it shall instruct each person before the court to inform the court if he subsequently discovers information indicating that the child is an Indian child.
B. In accordance with Article 624.1, if the court finds that there is reason to know that the child is an Indian child, the court shall immediately proceed pursuant to the federal Indian Child Welfare Act and the regulations promulgated thereunder.
C. If a tribe fails to respond to multiple requests for verification that the child is an Indian child and the court or department has sought the assistance of the Bureau of Indian Affairs in contacting the tribe, the court may make the determination that the child is not an Indian child based on the information it has available and proceed to adjudication in accordance with this Title.
Acts 2018, No. 296, §1.
The child and his parents may introduce evidence, call witnesses, be heard on their own behalf, and cross-examine witnesses called by the state.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
A. Except as otherwise hereinafter provided, the adjudication hearing shall be conducted according to the rules of evidence applicable to civil proceedings.
B. The court may consider as evidence any videotape which is prepared in compliance with Chapter 8 of Title III and which is relevant to the proceeding.
C. Evidence of a prior criminal conviction shall be admissible in proceedings brought under this Title in order to prove allegations made under Article 606. Such proof shall be by certified copy of the judgment of conviction or certified copy of the minute entry of conviction in accordance with the Louisiana Code of Evidence.
D. Testimony or other evidence relevant to the abuse or neglect of a child or the cause of such condition may not be excluded on any ground of privilege, except in the case of confessions or communications between an attorney and his client or confidential communications between a priest, rabbi, duly ordained minister, or Christian Science practitioner and his confidential communicant.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 612, §1.
The adjudication hearing shall be held before the court without a jury.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
The state shall have the burden to prove the allegations of the petition by a preponderance of evidence.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
A. Following the adjudication hearing, the court shall immediately declare whether the evidence warrants a child in need of care adjudication. In exceptional circumstances, the court may take the matter under advisement for a period not to exceed ten days.
B. If the evidence demonstrates that the child's family is in need of services, the court may adjudicate the child's family to be in need of services and proceed to a disposition in accordance with Chapters 10 and 12 of Title VII.
C. If the court finds that the evidence does not warrant an adjudication that either the child is in need of care or the family is in need of services, it shall dismiss the petition.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 1999, No. 1317, §2; Acts 2004, No. 321, §1.
A. On motion of the child or the parent, an adjudication shall be vacated and a new adjudication hearing ordered if, after contradictory hearing, the court finds that:
(1) The adjudication was obtained by fraud or mistake sufficient to justify vacating the adjudication.
(2) The court making the adjudication lacked jurisdiction.
(3) New evidence not previously discoverable by due diligence requires vacating the adjudication in the interest of justice. A motion based upon this ground must be brought within one year of the adjudication.
B. In the interest of justice, the court may vacate an adjudication prior to disposition.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
A. Following adjudication, the court may order a predisposition investigation. The investigation shall include the circumstances, needs, and social history of the child and his family, and also the circumstances surrounding the factual allegations of the petition. It shall also assess whether the child has an established and significant relationship with a parent, grandparent, sibling, or other relative which should be preserved in the best interests of the child. If so, the department shall include in the case plan arrangements for the child's continuing contact with such individuals while the child is in foster care.
B. A written report of the investigation and findings shall be submitted to the court prior to the disposition hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2003, No. 567, §1.
A. Following the adjudication, the court may order such physical and mental examination and evaluation of the child and his parents as may be helpful in determining a fair and just disposition.
B. After giving the parent a reasonable opportunity to be heard, the court may order that such parent shall contribute to the cost of the examination or evaluation in an amount commensurate with the parent's ability to pay.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
A. Prior to or during the disposition hearing, the court shall advise the petitioner, counsel for the child, and counsel for the parents of the factual contents and the conclusions of the predisposition report authorized by Article 668 and any other reports considered by the court. The court need not, but may, disclose sources of factual information to counsel for the child.
B. If the court has ordered a mental examination of the child or his parents pursuant to Article 669, the court, prior to the disposition hearing, shall provide the petitioner and counsel for the child and parent with copies of reports submitted in connection with such mental examination.
C. The court shall afford the petitioner and counsel for the child and parent fair opportunity to controvert factual contents and conclusions disclosed pursuant to Paragraphs A and B of this Article.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
If at any point in a child in need of care proceeding a child enters the custody of a child care agency, the provisions of this Chapter shall also be applicable.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
A.(1) Whenever custody of a child is assigned to the Department of Children and Family Services, the child shall be assigned to the custody of the department rather than to a particular placement setting. The department shall have authority over the placement within its resources and the allocation of other available resources within the department for children judicially committed to its custody.
(2) The court may disapprove the placement of a child on its own motion or on the motion of a party for good cause shown after a contradictory hearing. The party's motion shall be in writing and contain particularized allegations that the placement is not in the best interest of the child. The court may deny the party's motion or set a contradictory hearing with notice to all parties. The hearing may be consolidated with any previously scheduled hearing. If the court disapproves the placement, the court shall render specific written reasons for finding that the placement is not in the best interest of the child and shall order the department to choose a more suitable placement.
B. The court shall not divide legal and physical custody whenever assigning custody to a department in accordance with this Article, Articles 619, 622, 627, 681, 700, or 716, or any other statute or provision of law. The court shall specify other public agencies or institutions that have legal or financial responsibility, or both, to provide their particular services identified at disposition or subsequent case review. Placing custody of a child with one state department shall not remove the obligation of any other state department to provide services to that child from their resources for which the child is eligible under state or federal statute or state or federal appropriation, including but not limited to twenty-four-hour care.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1993, No. 866, §1; eff. June 23, 1993; Acts 1997, No. 612, §1; Acts 1997, No. 671, §1, eff. July 7, 1997; Acts 2001, No. 567, §1; Acts 2018, No. 189, §1; Acts 2024, No. 92, §1.
A. At any time in a child in need of care proceeding when a child is in the custody of the department, the department may file a motion for a judicial determination that efforts to reunify the parent and child are not required.
B. The department shall have the burden of demonstrating by clear and convincing evidence that reunification efforts are not required, considering the health, welfare, and safety of the child and the child's need for permanency.
C. Efforts to reunify the parent and child are not required if a court of competent jurisdiction has determined that:
(1) The parent has subjected the child to egregious conduct or conditions, including but not limited to any of the grounds for certification for adoption pursuant to Article 1015.
(2) The parent has committed murder or manslaughter of another child of the parent or any other child or has aided or abetted, attempted, conspired, or solicited to commit such a murder or manslaughter.
(3) The parent has committed a felony that results in serious bodily injury to the child or another child of the parent or any other child.
(4) The parental rights of the parent to a sibling have been terminated involuntarily.
D. If the court determines that reunification efforts are not required, it shall document that determination by written findings of fact. A permanency hearing, which considers in-state and out-of-state permanent placement options for the child, may be conducted immediately and shall be conducted within thirty days after the determination.
Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2001, No. 567, §1; Acts 2007, No. 334, §1; Acts 2012, No. 730, §1; Acts 2022, No. 272, §1.
A. Beginning with applications submitted on July 1, 1999, and thereafter, as a condition of application for an initial license from the Louisiana Department of Health to provide residential treatment, group home care, emergency shelter care, or psychiatric hospital services to youths of school age under the supervision or in the custody of the Department of Public Safety and Corrections, a license applicant shall notify the local educational agency in the parish in which the facility is located of its intention to apply for a license to operate such a facility.
B. Documentation of such notification provided for in Paragraph A shall be submitted to the Louisiana Department of Health as part of the application, and shall include the number of children for which the facility is seeking licensure and the anticipated opening date of the facility.
C. Beginning with applications received on July 1, 1999, and thereafter, upon receipt of an application for initial licensure by the Department of Children and Family Services from an applicant which seeks to provide child residential care, or emergency shelter to children of school age, the Department of Children and Family Services shall provide written notification to the Department of Education of such application for initial licensure within thirty days of receipt of such application, including the parish where the facility seeks to operate.
Acts 1999, No. 1173, §1, eff. July 1, 1999.
A. Whenever custody of a child is assigned to the Department of Children and Family Services, the department shall conduct a diligent search for adult relatives of the child and for persons who have a significant relationship with the child. The diligent search shall be completed no later than thirty days from the date the child was taken into custody and include, at a minimum, all of the following:
(1) Interviews with the child's parent during the course of an investigation, while child protective services are provided, and while the child is in care.
(2) Interviews with the child.
(3) Interviews with identified relatives throughout the case.
(4) Interviews with any other person who is likely to have information about the identity or location of adult relatives of the child or persons who have a significant relationship with the child.
(5) Comprehensive searches of databases and other resources available to the Department of Children and Family Services, which may include searches of schools, employment, residence, utilities, vehicle registration, child support enforcement, law enforcement, and corrections records or any other records likely to result in identifying and locating adult relatives of the child or persons who have a significant relationship with the child.
(6) Appropriate inquiry during the course of hearings in the case in accordance with Article 625(D).
(7) Any other reasonable means that are likely to identify relatives or other persons who have demonstrated an ongoing commitment to the child.
B. The Department of Children and Family Services shall file with the court information regarding attempts made pursuant to Paragraph A of this Article ten days before any scheduled disposition, case review, permanency hearing, or as otherwise required by the court. Any additional information obtained by the department subsequent to the initial filing shall be disclosed to the court during the hearing.
C. All relatives of the child identified in the diligent search required by this Article, subject to exceptions due to family or domestic violence or other safety concerns, shall be provided with a notice that does all of the following:
(1) Specifies that the child has been or is being removed from parental custody.
(2) Explains the options that a relative has to participate in the care and placement of the child and any options that may be lost by failing to respond to the notice.
(3) Describes the process for becoming a licensed foster family home and the additional services and supports available for children placed in approved foster homes.
(4) Describes any financial assistance for which a relative may be eligible.
D. After the completion of the diligent search required by this Article, the Department of Children and Family Services shall have a continuing duty to search for relatives or other persons who have demonstrated an ongoing commitment to a child and with whom it may be appropriate to place the child until the relatives or persons are located, the court excuses the department from conducting a diligent search, or permanency is achieved.
E. If a relative entitled to notice pursuant to this Article fails, after ninety days from the date the relative receives the required notice, to demonstrate an interest in and willingness to provide a permanent home for a child, the court may excuse the Department of Children and Family Services from considering the relative as a placement.
Acts 2021, No. 350, §1, eff. June 17, 2021.
Within sixty days after a child enters the custody of a child care agency, the custodian shall develop a case plan detailing the custodian's efforts toward achieving a permanent placement for the child. The health, welfare, and safety of the child shall be the paramount concern in the development of the case plan.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2022, No. 272, §1.
A. A copy of the case plan shall be filed with the court ten days before any scheduled disposition, permanency, or case review hearing. Upon filing, the department shall provide a copy of the case plan to counsel of record either by mail or electronic mail and shall mail a copy by certified mail to any unrepresented parent at his last known address or send the copy by electronic mail at the electronic mail address expressly designated by the parent in a pleading, at the continued custody or continued safety plan hearing, or at any other hearing at which the parent personally appeared before the court, unless otherwise ordered by the court for good cause.
B. Service by electronic mail is complete upon transmission but is not effective if the serving party learns the transmission did not reach the party to be served.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 612, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2015, No. 124, §1, eff. June 19, 2015.
A. The case plan shall be designed to achieve placement in the least restrictive, most family-like, and most appropriate setting available, and in close proximity to the parents' homes, consistent with the best interest and special needs of the child. The health, welfare, and safety of the child shall be the paramount concern in the development of the case plan.
B. The case plan shall at least include all of the following:
(1) A description of the type of home or institution in which the child is placed, including a discussion of the child's health, welfare, and safety; the appropriateness of the placement; and the reasons why the placement, if a substantial distance from the home of the parents or in a different state, is in the best interest of the child.
(2) A plan for assuring that the child receives safe and proper care and that services are provided to the parents, child, and foster parents in order to improve the conditions in the parents' home, facilitate the safe return of the child to the child's own home or other permanent placement of the child, or both, and address the needs of the child while in foster care, including a plan for visitation and a discussion of the appropriateness of the services that have been provided to the child in accordance with the plan.
(3) A plan for assuring that the child is afforded the greatest opportunity for normalcy through engagement in age- or developmentally appropriate activities on a regular basis. The child shall be consulted in an age-appropriate manner about the child's interests and the available opportunities. Recognizing the greatest opportunity for normalcy lies in the day-to-day decisions affecting the child's activities, the caretaker should be supported in making those decisions through the use of the reasonable and prudent parent standard as set forth in R.S. 46:283.
(4) If the child has been committed to the custody of a person other than the parents, the plan shall recommend an amount the parents are obligated to contribute for the cost of care and treatment of their child in accordance with Article 685.
(5) When appropriate for a child fourteen years of age or older, the plan shall include a written description of the programs and services which will help the child prepare for the transition from foster care to independent living.
(6)(a) For a child fourteen years of age or older, the plan shall include a written, individualized, and thorough transitional plan, developed in collaboration with the child and any agency, department, or individual assuming custody, care, or responsibility of the child.
(b) The transitional plan shall identify the programs, services, and facilities that will be used to assist the child in achieving a successful transition. The transitional plan shall address the needs of the child, including but not limited to education, health, permanent connections, living arrangements, and, if appropriate, independent living skills and employment.
(c) The department shall ensure that all records in its files relevant to securing needed services in the community in which the child will live shall be immediately transmitted to the appropriate service provider.
(7)(a) Documentation of the efforts the agency is making to safely return the child home or to finalize the child's placement in an alternative safe and permanent home in accordance with the child's permanent plan.
(b) For children whose permanent plan is adoption or placement in another permanent home, this documentation shall include child-specific recruitment efforts such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, to facilitate orderly and timely in-state and interstate placements.
(c) For children whose permanent plan is guardianship, the documentation shall include the facts and circumstances supporting guardianship, including the reasons that the plan is in the best interest of the child and that reunification with a parent and adoption are not appropriate permanent plans. The documentation shall also address the suitability and commitment of the proposed guardian to offer a wholesome, stable home for the child throughout minority.
(d) For children whose permanent plan is placement in the least restrictive, most family-like alternative permanent living arrangement, the documentation shall include the intensive, ongoing, and as of the date of the hearing, efforts made by the department to return the child home or secure a placement for the child with a fit and willing relative, including adult siblings, a legal guardian, or an adoptive parent.
(8) Assessment of the relationships between the child and the parents, grandparents, and siblings, including a plan for assuring that continuing contact with any suitable relative by blood, adoption, or affinity with whom the child has an established and significant relationship is preserved while the child is in foster care. The preservation of these relationships shall be considered when the permanent plan is adopted.
(9) Documentation of the compelling reasons for determining that filing a petition for termination of parental rights would not be in the best interest of the child, when appropriate.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 612, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2003, No. 567, §1; Acts 2007, No. 334, §1; Acts 2008, No. 392, §1; Acts 2011, No. 128, §1; Acts 2012, No. 730, §1; Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2015, No. 278, §1, eff. June 29, 2015; Acts 2022, No. 272, §1.
Any party may file a written response to the case plan as submitted.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
A. At the disposition hearing, the court shall consider the content or implementation of the case plan and any response filed concerning it. At any other hearing held subsequent to the filing of the case plan, on its own motion or upon motion of any party for good cause shown, the court may consider the content or implementation of the case plan or of any response filed concerning it.
B. If no party files a written response objecting to the case plan and the court finds that the plan protects the health, welfare, and safety of the child and is in the best interest of the child, the court shall render an order approving the plan.
C. If the court does not approve the case plan, the court shall enter specific written reasons for finding that the plan does not protect the health, welfare, and safety of the child or is otherwise not in the best interest of the child.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 612, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2022, No. 272, §1.
A. Prior to entering a judgment of disposition, the court shall conduct a disposition hearing.
B. The disposition hearing may be conducted immediately after the adjudication and shall be conducted within thirty days after the adjudication.
C. Upon a showing of good cause and notice to the opposing party, the court may grant, deny, or restrict a requested continuance of the proceeding in accordance with the best interests of the child. If a continuance is granted, the court shall issue a written order identifying the mover and reciting the particular facts justifying the continuance.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
A. Written notice of the date, time, and place of the disposition hearing shall be served and a return made in the same manner as a petition on all parties and also counsel of record at least fifteen days prior to the hearing unless the parties have been previously notified in open court at a prior hearing.
B. The court shall permit a disposition hearing to be held in the absence of a parent if it is established on the record that the parent was served but is not in attendance or that efforts to serve the parent have been unsuccessful.
C. A child twelve years of age or older shall be present in court unless his presence is waived by the court upon motion of the child's counsel. A child below the age of twelve years shall be present in court upon the request of counsel for the child or the court. If the child is present in court, he may choose to testify as to his wishes, and the court shall consider his testimony in the matter. Any testimony given by a child may be taken by a videotaped interview or by closed-circuit television, as authorized by Chapter 8 of Title III of this Code, or by an in-chambers conference attended only by the judge and court reporter and by counsel for the child, for the petitioner, and for the parents.
D. The department shall give notice of the right to appear at the disposition hearing to any foster parent, pre-adoptive parent, or relative providing care for the child.
E. If a foster parent, pre-adoptive parent, or relative providing care for the child fails to appear at the disposition hearing, the department shall report to the court whether notice was given, or, if not, what diligent efforts were made to locate and notify the absent person. The court may permit the hearing to be held in the person's absence.
F. The court shall solicit and consider information regarding the care and treatment of the child from any foster parent, pre-adoptive parent, or relative providing care for the child who appears for the hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2007, No. 334, §1; Acts 2012, No. 730, §1.
A. All parties have the right to testify, the right to confront and cross-examine adverse witnesses, the right to present evidence and witnesses, and the right to counsel.
B. The court shall consider the report of the predisposition investigation, the case plan, any reports of mental evaluation, and all other evidence offered by the parties relating to the proper disposition. The court may consider evidence which would not be admissible at the adjudication hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2021, No. 158, §1.
A. In a case in which a child has been adjudicated to be in need of care, the health, welfare, and safety of the child shall be the paramount concern. If the child can safely remain in or return to the custody of the parent, the court shall place the child in the custody of the parent under terms and conditions deemed to be in the best interest of the child, including but not limited to the issuance of a protective order pursuant to Article 618 or a safety plan order. If the child cannot safely remain in or return to the custody of the parent, the court may do any of the following:
(1) Order the child into the legal custody of a suitable relative or other suitable individual on terms and conditions deemed to be in the best interest of the child, including but not limited to the issuance of a protective order pursuant to Article 618.
(2) Place the child in the custody of a private or public institution or agency.
(3) Commit a child found to have a mental illness to a public or private institution for persons with mental illness.
(4) Grant guardianship of the child to a nonparent.
(5) Make such other disposition or combination of the above dispositions as the court deems to be in the best interest of the child.
B. A child in need of care shall not be committed to the Department of Public Safety and Corrections, nor shall such department accept a child in need of care.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2011, No. 128, §1; Acts 2014, No. 811, §33, eff. June 23, 2014; Acts 2022, No. 272, §1.
A. The court shall not remove a child from the custody of the parent unless continuation in the home would be contrary to the health, welfare, and safety of the child and the health, welfare, and safety of the child cannot, in the opinion of the court, be adequately secured without removal. Except as otherwise provided in Article 672.1, in support of any disposition removing a child from the parental home, the court shall determine whether the department has made reasonable efforts to prevent or eliminate the need for removal of the child and, after removal, to reunify the parent and child or to finalize placement in an alternative safe and permanent home in accordance with the permanent plan including, if appropriate, through an interstate placement. The health, welfare, and safety of the child shall be the paramount concern in the court's consideration of removal. The department shall have the burden of demonstrating reasonable efforts.
B. If the court concludes that the child is to be removed from the custody of the parent, the court shall do all of the following:
(1) Inform the parents about the case review and permanency review procedure, as provided for in Chapters 15 and 16 of this Title.
(2) Inform the parents that it is their obligation to cooperate with the department, comply with the requirements of the case plan, including their duty to keep the department apprised of their current address, and correct the conditions requiring the child to be in care.
(3) Inform the parents that a petition to terminate their parental rights may be filed based upon their failure to comply with the requirements of the case plan, failure to make significant measurable progress toward achieving case plan goals and to correct the conditions requiring the child to be in care, or on any other ground authorized by Article 1015.
(4) Inform the parties and all persons before the court that it is their continuing responsibility to notify the department and the court in writing regarding the whereabouts, including address, cellular number, telephone number, and any other contact information, of an absent parent and the identity and whereabouts, including address, cellular number, telephone number, and any other contact information, of any suitable relative or other suitable individual willing and able to offer a stable and safe home for the child.
(5) Inform the parties and all persons before the court of their continuing responsibility to support the achievement of timely permanency for the child and further direct all individuals to advise the department and the court in writing of the whereabouts, including the address, cellular number, telephone number, and any other contact information, of all grandparents, all parents of a sibling where the parent has legal custody of the sibling, and all other adult relatives of the child.
(6) Inform the parents of their obligation to support their child, including their obligation to contribute to the care and treatment of their child as provided in Article 685.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 612, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 248, §1; Acts 2007, No. 334, §1; Acts 2008, No. 392, §1; Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2022, No. 272, §1.
A. The court shall impose the least restrictive disposition of the alternatives enumerated in Article 681 that the court finds is consistent with the circumstances of the case and the health, welfare, and safety of the child.
B. If the court determines that the child cannot safely remain in or return to the custody of the parent, the court shall place the child in the custody of a suitable relative unless the court has made a specific finding that the placement is not in the best interest of the child. The court shall give specific written reasons for its findings, which shall be made a part of the record of the proceeding.
C. If the court commits a child to a private institution or agency, it shall select one that has been licensed under state law, if licensure is required by law for such an institution or agency. When no institution, social agency, or association so licensed for care or placement of children is available to the court, the court may commit the child to some other institution, social agency, or association which in the court's judgment is suitable for such child.
D. In committing a child to the custody of another suitable individual or a private agency or institution, the court shall, whenever practicable, select an individual, agency, or institution of the same religious affiliation as the child or the parents.
E. A child shall not be committed to a public or private mental institution or institution for persons with mental illness unless the court finds, based on psychological or psychiatric evaluation, that the child has a mental disorder, other than an intellectual disability, that has a substantial adverse effect on the child's ability to function and requires care and treatment in an institution. When the child is in the custody of the state of Louisiana, this finding shall not be made without a contradictory hearing, notice to the Louisiana Department of Health, bureau of legal services, and representation of the child by an attorney appointed from the Mental Health Advocacy Service, unless the child retains private counsel, who shall represent only the interest of the child. The Mental Health Advocacy Service's attorney appointed shall continue to represent the child in any proceeding relating to admission, change of status, or discharge from the mental hospital or psychiatric unit. Upon modification of the disposition to a placement other than a mental hospital or psychiatric unit, the Mental Health Advocacy Service's attorney shall be relieved of representation of the child.
F. A child shall not be committed to a public or private institution for persons with intellectual disabilities unless the court finds, based on psychological or psychiatric evaluation pursuant to R.S. 28:451.1 et seq., that the child has an intellectual disability and that the condition has a substantial adverse effect on the child's ability to function and requires care and treatment in an institution.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 1999, No. 770, §1; Acts 1999, No. 1317, §2; Acts 2014, No. 811, §33, eff. June 23, 2014; Acts 2022, No. 272, §1; Acts 2024, No. 92, §1.
A. The court shall enter into the record a written judgment of disposition specifying the following:
(1) The nature of the disposition.
(2) The maximum duration of the disposition.
(3) The agency, institution, or person to whom the child is assigned, including the responsibilities of any other agency, institution, or person having legal responsibility to secure or provide services to the child which the court has determined are needed.
(4) Any other applicable terms and conditions regarding the disposition.
B. The court shall enter a written order approving the case plan or specific written reasons why the court finds the plan does not protect the health, welfare, and safety of the child or is otherwise not in the best interest of the child.
C. When the child is to be removed from the custody of the parent, the court shall enter findings that continuation in the home would be contrary to the health, welfare, and safety of the child. Except as otherwise provided in Article 672.1, when the child is to be removed from the custody of the parent, in support of its determination of whether reasonable efforts, as defined in Article 603, have been made to prevent removal, the court shall enter findings, including a description of what preventive and reunification efforts, or both, were made and why additional efforts would not keep the child safe from identified threats of danger. If a child is to be or has been placed out-of-state, the court shall determine and enter findings on whether the placement is safe, appropriate, and in the best interest of the child.
D. When a parent is absent, the court shall enter findings regarding diligent efforts by the curator, the department, and others to locate that parent. In the absence of findings to the contrary, efforts to locate the parent shall be presumed sufficient. If the court determines additional search efforts are needed, it shall specifically identify those efforts.
E. In all cases in which the child is removed from his parents' custody and assigned to the department, the court shall advise the parties and all persons before the court of the following:
(1) Procedures governing the case plan, case review, and permanency review procedure, as provided for in Chapters 15 and 16 of this Title.
(2) The obligation of the parents to cooperate with the department, comply with the requirements of the case plan, including their duty to keep the department and their counsel apprised in writing of their current whereabouts, including address, cellular number, telephone number, and any other contact information, and correct the conditions requiring the child to be in care.
(3) The possibility that a petition to terminate parental rights may be filed based on the parents' failure to comply with the case plan, failure to make significant measurable progress toward achieving case plan goals and to correct the conditions requiring the child to be in care, or on any other ground authorized by Article 1015.
(4) The continuing responsibility of all persons before the court to advise the department and the court in writing of the whereabouts, including the address, cellular number, telephone number, and any other contact information, of an absent parent and the identity and the whereabouts, including address, cellular number, telephone number, and any other contact information, of any relative or other individual willing and able to offer a wholesome and stable home for the child.
(5) The continuing responsibility of all persons before the court to support the achievement of timely permanency for the child and the requirement that those persons advise the department and the court in writing of the whereabouts, including the address, cellular number, telephone number, and any other contact information, of all grandparents, all parents of a sibling where such parent has legal custody of such sibling, and all other adult relatives of the child.
F. The date of entry of the judgment of disposition shall be recorded on the judgment. The advisement in Paragraph E of this Article shall be attached to the judgment of disposition and any other orders of the court furnished to the parties.
G. An extract of minutes of court specifying the information in Paragraph A of this Article and signed by the court shall be considered a written judgment of disposition. A copy of the judgment of disposition shall be furnished to the parents, their counsel, or curator.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 865, §1, eff. June 23, 1993; Acts 1997, No. 612, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 248, §1; Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2022, No. 272, §1.
A. As a part of any judgment of disposition committing a child to the custody of a person other than the parents of the child, the court may, after giving the parent a reasonable opportunity to be heard, order that the parent contribute to the cost of care and treatment of the child after consideration of the following factors:
(1) The best interest of the child.
(2) The recommendation of the department.
(3) The ability of the parent to pay.
(4) The obligation of the parent to support the child.
(5) The needs of the child.
(6) Any other relevant factor.
B. When the department has provided or will provide payment for care and treatment of the child, the payments by the parent shall be made directly to the department and shall, immediately upon receipt, be deposited in the state treasury, except when otherwise provided by federal law. In the event of default in the payment of costs of care by the parent, the department may exercise all administrative and legal alternatives provided by law or regulation to enforce the provisions of this Article.
C. When care and treatment of the child is to be provided by a caretaker other than the department, the payments by the parent shall be made according to the court's order. In the event of default in the payment of costs of care and treatment by the parent, the caretaker, if receiving the contributions, or the department may proceed against the parent as provided by law for failure to pay.
D. An order for a parental contribution to the cost of care and treatment in accordance with this Article shall not be considered child support pursuant to R.S. 9:315 et seq. The court shall not order a contribution for the cost of care and treatment in accordance with this Article if the parent is obligated to pay child support pursuant to R.S. 9:315 et seq. If a valid child support order has been signed in accordance with R.S. 9:315 et seq., a previous order for parental contribution to the cost of care and treatment shall terminate by operation of law.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2004, No. 255, §1, eff. June 15, 2004; Acts 2008, No. 392, §1.
A judgment of disposition shall remain in force only until a child reaches his eighteenth birthday. It may expire earlier by its own terms, if it is modified, or if it is vacated.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
If at any point in child in need of care proceedings, the child is removed from his parents' care and control and placed in the custody of the department, the provisions of this Chapter shall govern the subsequent case review process until such time as the child achieves a permanent placement as defined in Article 603.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
The custodial agency shall file a case review report with the court or, if appropriate, with the administrative review body ten days prior to every scheduled review hearing. The custodial agency shall also distribute a copy of the report to any court-appointed special advocate (CASA) program involved in the case prior to or at the same time as it is filed with the court or administrative review body.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2001, No. 567, §1.
A. A copy of the report shall be served upon counsel of record either by mail or electronic mail and upon any unrepresented party either by certified mail at his last known address or by the department by electronic mail at the electronic mail address expressly designated by the party in a pleading, at the continued custody or continued safety plan hearing, or at any other hearing at which the party personally appeared before the court prior to or at the same time it is filed with the court.
B. Service by electronic mail is complete upon transmission but is not effective if the serving party learns the transmission did not reach the party to be served.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2015, No. 124, §1, eff. June 19, 2015.
A. The case review report shall review the status of the child.
B. The case review report shall address the following:
(1) The continuing necessity for and appropriateness of the placement.
(2) The extent of compliance with the case plan.
(3) The extent of progress which has been made toward alleviating or mitigating the causes necessitating placement in foster care.
(4) A likely date by which the child may be returned to the home or placed for adoption or guardianship of the person of the child.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
Parties may file with the court a written response to the case review report, as long as the response is submitted to counsel of record and any unrepresented party at least five days prior to the review hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
A. A review hearing shall be conducted by the court or administrative review body three months after the disposition hearing if the child was removed prior to disposition or within six months after the disposition hearing if the child was removed at disposition, but in no case more than six months after removal of the child from his parent(s).
B. Case reviews shall continue to be held at least once every six months thereafter until the child is permanently placed, or earlier upon the motion of a party for good cause shown or upon the court's own motion.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
Written notice of the date, time, and place of the case review hearing shall be served and a return made in the same manner as a petition on all parties and counsel of record at least fifteen days prior to the hearing, unless the parties have been previously notified in open court at a prior hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
A. The court shall permit a case review hearing to be held in the absence of a parent if it is established on the record that the parent was served but is not in attendance or that efforts to serve the parent have been unsuccessful.
B. If reunification with the absent parent is the case plan goal, the department shall make continuing diligent efforts to locate the absent parent and notify him of the nature and outcome of the case review hearing and shall promptly inform the court of any known or discovered address. Otherwise, the department shall promptly inform the court of any new address of an absent parent that becomes known through the case planning process.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 248, §1.
A. The department shall give notice of the right to appear at each case review hearing to any foster parent, pre-adoptive parent, or relative providing care for the child.
B. The notice shall state the date, time, and place of the case review hearing and the recipient's right to attend and be heard.
C. If a foster parent, pre-adoptive parent, or relative providing care for the child fails to appear at a case review hearing, the department shall report to the court whether notice was given or, if not, what diligent efforts were made to locate and notify the absent person. The court may permit the hearing to be held in the person's absence.
D. The court shall solicit and consider information regarding the care and treatment of the child from any foster parent, pre-adoptive parent, or relative providing care for the child who appears for the hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2007, No. 334, §1; Acts 2012, No. 730, §1.
A. All parties have the right to testify, the right to confront and cross-examine adverse witnesses, the right to present evidence and witnesses, and the right to counsel.
B. A child twelve years of age or older shall be present in court unless his presence is waived by the court upon motion of the child's counsel. A child below the age of twelve years shall be present in court upon the request of counsel for the child or the court. If the child is present in court, he may choose to testify as to his wishes, and the court shall consider his testimony in the matter. Any testimony given by a child may be taken by a videotaped interview or by closed-circuit television, as authorized by Chapter 8 of Title III of this Code, or by an in-chambers conference attended only by the judge and court reporter and by counsel for the child, for the petitioner, and for the parents.
C. Any party who has received notice of the case review hearing and does not appear shall be deemed to have waived his right to be present.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2012, No. 730, §1.
A. For good cause shown, the court or administrative review body may allow any interested person, agency, or organization to intervene in the case review proceedings to facilitate the permanent placement of the child and to insure that the best interests of the child are protected.
B. Upon motion of a party and for good cause shown, the court or administrative review body may limit the nature and extent of intervenor's participation in the case review hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
A. All parties, foster parents, adoptive parents, and relatives providing care for the child, authorized officers of the court as designated by the judge, agency representatives as designated by the state, court-appointed special advocate (CASA) volunteer, the witness under examination, and the judge or administrative review body may be present at a case review hearing. The court or administrative review body shall not admit any other person unless the court has determined that the person has a proper interest in or is necessary to the proceedings.
B. On its own motion or the motion of any party, the court or administrative review body may order that witnesses, other than parties, be excluded from the courtroom and refrain from discussing the facts of the case with anyone other than counsel in the case. On its own motion the court or administrative review body may, and on the request of a party the court shall, order that the witnesses, other than parties, be excluded from the courtroom or from a place where they can see or hear the proceedings, and refrain from discussing the facts of the case with anyone other than counsel in the case. In the interest of justice, the court may exempt any witness from its order.
C. Prior to the commencement of the hearing, the court shall determine whether it is in the child's best interest for the child to remain in the courtroom during the testimony of the witnesses.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 764, §1.
The court or administrative review body shall consider all relevant evidence offered by the parties and may limit the admissibility or weight of any evidence which it deems unreliable, cumulative, or unduly dilatory.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
A. At the conclusion of the case review hearing, the court shall make a finding as to whether the child can safely return to the custody of the parent and shall order return of custody to the parent if it is safe to do so. The court order shall give specific written reasons for the findings. If the court finds that the child cannot be safely returned to the parent under terms and conditions deemed to be in the best interest of the child, the court may take one of the following actions:
(1) Approve the plan as consistent with the health, welfare, and safety of the child and order compliance by all parties.
(2) Find that the case plan is not appropriate, in whole or in part, based on the evidence presented at the contradictory hearing, and order the department to revise the case plan accordingly.
B. At the conclusion of the case review hearing, the court shall inform the parents of all of the following:
(1) It is their obligation to cooperate with the department, comply with the requirements of the case plan, including their duty to keep the department apprised of their current address, and to correct the conditions requiring the child to be in care.
(2) It is their continuing responsibility to support the achievement of timely permanency for the child and to advise the department and the court in writing of the whereabouts, including the address, cellular number, telephone number, and any other contact information, of all grandparents, all parents of a sibling where such parent has legal custody of such sibling, and all other adult relatives of the child.
(3) A termination of parental rights petition may be filed based on their failure to comply with the case plan, failure to make significant measurable progress toward achieving case plan goals and to correct the conditions requiring the child to be in care, or on any other ground authorized by Article 1015.
C. Any person directly affected may appeal the findings or orders of the court rendered pursuant to this Article.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2022, No. 272, §1.
If at any point in child in need of care proceedings, the child is removed from his parents' care and control and placed in the custody of the department, the provisions of this Chapter shall govern the subsequent review process until such time as the child achieves a permanent placement as defined in Article 603.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
A. The court shall conduct a permanency hearing, which shall consider in-state and out-of-state permanent placement options for the child, within thirty days of a judicial determination pursuant to Article 672.1 that reunification efforts are not required.
B. The court shall conduct a permanency hearing within nine months after the disposition hearing if the child was removed prior to disposition or within twelve months if the child was removed at disposition, but in no case more than twelve months after the removal. Permanency reviews shall continue to be held at least once every twelve months thereafter until the child is permanently placed or earlier upon motion of a party for good cause shown or on the court's own motion.
C. The court shall determine the permanent plan for the child that is most appropriate and in the best interest of the child in accordance with the following priorities of placement:
(1) Return the child to the legal custody of the parents within a specified time period consistent with the child's age and need for a safe and permanent home. In order for reunification to remain as the permanent plan for the child, the parent shall be in compliance with the case plan and making significant measurable progress toward achieving its goals and correcting the conditions requiring the child to be in care.
(2) Adoption.
(3) Placement with a legal guardian.
(4) Placement in the legal custody of a suitable relative who is willing and able to offer a stable and safe home for the child.
(5)(a) Placement in the least restrictive, most family-like alternative permanent living arrangement. The department shall document in the child's case plan and its report to the court the compelling reason for recommending this plan over the preceding higher priority alternatives.
(b) The permanent plan provided for in this Paragraph may be considered only if the child is sixteen years of age or older.
D.(1) The court shall consider a child's need for continuing contact with any relative by blood, adoption, or affinity with whom the child has an established and significant relationship in accordance with Article 1269.2 as one of several factors in determining the permanent plan that is most appropriate and in the best interest of the child.
(2)(a) In the case of a child under the age of six, the court may find that continuation of the child's placement with the current caregiver is in the child's best interest if the child is in a stable home environment where the child's physical and emotional needs are met by a person who has a significant relationship with the child, that no relative or other suitable caregiver has been identified as a concurrent plan caregiver as part of the child's case plan or report submitted to the court, and that it would be detrimental to the child's well-being if the child is removed from the current caregiver. Upon such finding, the department shall not make any change in placement absent prior written notice to the court. Prior notice for a placement change is not required when necessary to ensure the safety of the child, when the current caregiver requests that the child be removed, or when a child is moving to the home of a parent for the purpose of a trial placement.
(b) In the event of removal from a placement with a current caregiver pursuant to Subsubparagraph (a) of this Subparagraph, upon motion of the court, motion of the current caregiver, or motion of the child, which is filed within fifteen days of the change in placement, a contradictory hearing shall be held to determine whether removal was in the best interest of the child.
(c) For the purposes of Subsubparagraph (a) of this Subparagraph, a foster parent, relative, or other suitable individual with whom a child under the age of six has resided continuously for nine months or more is a person who has a significant relationship with the child. Nothing in this Subparagraph shall be construed to interfere with any rights afforded to biological parents.
E. Except as otherwise provided in Article 672.1, the court shall determine whether the department has made reasonable efforts, as defined in Article 603, to reunify the parent and child or to finalize the child's placement in an alternative safe and permanent home in accordance with the permanent plan. The health, welfare, and safety of the child shall be the paramount concern in the court's determination of the permanent plan.
F.(1) If a child is in an out-of-state placement, the court shall determine and enter findings on whether the placement is safe, appropriate, and otherwise in the best interests of the child.
(2) In the case of a child who will not be returned to the parent, the court shall consider in-state and out-of-state placement options.
G. When reunification is determined to be the permanent plan for the child, the court shall advise the parents that it is their obligation to achieve the case plan goals and correct the conditions that require the child to be in care within the time period specified by the court. Otherwise, an alternative permanent plan for the child shall be selected and a petition to terminate parental rights may be filed. When adoption is the permanent plan for the child, the court shall advise the parent of the authority to voluntarily surrender the child and to consent to the adoption prior to the filing of a petition to terminate parental rights.
H. The permanency hearing may be conducted by a court-appointed or court-approved administrative body.
I. In any permanency hearing, including any hearing regarding the transition of the child from foster care to independent living, the court or administrative body conducting the hearing shall consult, in an age-appropriate manner, with the child regarding the proposed permanency or transition plan for the child.
J. In the case of a child fourteen years of age or older, the hearing shall include a review of the transitional plan developed with the child and the department in accordance with Article 675(B)(6).
K. In any permanency hearing for a child whose permanent plan is placement in the least restrictive, most family-like alternative permanent living arrangement, the court or administrative body conducting the hearing shall ask the child about the desired permanency outcome for the child.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 612, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2001, No. 567, §§1 and 3; Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2007, No. 334, §1; Acts 2012, No. 730, §1; Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2021, No. 350, §1, eff. June 17, 2021; Acts 2022, No. 272, §1.
Written notice of the date, time, and place of the dispositional hearing shall be served and a return made in the same manner as a petition on all parties and counsel of record at least fifteen days prior to the hearing, unless the parties have been previously notified in open court at a prior hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
A. The court shall permit a permanency hearing to be held in the absence of a parent if it is established on the record that the parent was served but is not in attendance or that efforts to serve the parent have been unsuccessful.
B. If reunification with the absent parent is the case plan goal, the department shall make continuing diligent efforts to locate the absent parent and notify him of the nature and outcome of the dispositional review hearing and shall promptly inform the court of any known or discovered address. Otherwise, the department shall promptly inform the court of any new address of an absent parent that becomes known through the case planning process.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 248, §1.
A. The department shall give notice of the right to appear at each permanency hearing to any foster parent, pre-adoptive parent, or relative providing care for the child.
B. The notice shall state the date, time, and place of the permanency hearing and the recipient's right to attend and be heard.
C. If a foster parent, pre-adoptive parent, or relative providing care for the child fails to appear at a permanency hearing, the department shall report to the court whether notice was given or, if not, what diligent efforts were made to locate and notify the absent person. The court may permit the hearing to be held in the person's absence.
D. The court shall solicit and consider information regarding the care and treatment of the child from any foster parent, pre-adoptive parent, or relative providing care for the child who appears for the hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2007, No. 334, §1; Acts 2012, No. 730, §1.
A. All parties have the right to testify, the right to confront and cross-examine adverse witnesses, the right to present evidence and witnesses, and the right to counsel.
B. A child twelve years of age or older shall be present in court unless his presence is waived by the court upon motion of the child's counsel. A child below the age of twelve years shall be present in court upon the request of counsel for the child or the court. If the child is present in court, he may choose to testify as to his wishes, and the court shall consider his testimony in the matter. Any testimony given by a child may be taken by a videotaped interview or by closed-circuit television, as authorized by Chapter 8 of Title III of this Code, or by an in-chambers conference attended only by the judge and court reporter and by counsel for the child, for the petitioner, and for the parents.
C. Any party who has received notice of the dispositional review hearing and does not appear shall be deemed to have waived his right to be present.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2012, No. 730, §1.
A. For good cause shown, the court or administrative review body may allow any interested person, agency, or organization to intervene in the permanency review proceedings to facilitate the permanent plan for the child and to insure that the best interests of the child are protected.
B. Upon motion of a party and for good cause shown, the court or administrative review body may limit the nature and extent of intervenor's participation in the hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
A. All parties, foster parents, adoptive parents, and relatives providing care for the child, authorized officers of the court as designated by the judge, agency representatives as designated by the state, court-appointed special advocate (CASA) volunteer, the witness under examination, and the judge or administrative review body may be present at a permanency hearing. The court or administrative review body shall not admit any other person unless the court has determined that the person has a proper interest in or is necessary to the proceedings.
B. On its own motion or the motion of any party, the court or administrative review body may order that witnesses, other than parties, be excluded from the courtroom and refrain from discussing the facts of the case with anyone other than counsel in the case. On its own motion the court or administrative review body may, and on the request of a party the court shall, order that the witnesses, other than parties, be excluded from the courtroom or from a place where they can see or hear the proceedings, and refrain from discussing the facts of the case with anyone other than counsel in the case. In the interest of justice, the court may exempt any witness from its order.
C. Prior to the commencement of the hearing, the court shall determine whether it is in the child's best interest for the child to remain in the courtroom during the testimony of the witnesses.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 764, §1.
The court shall consider all relevant evidence offered by the parties and may limit the admissibility or weight of any evidence which it deems unreliable, cumulative, or unduly dilatory. The court or administrative review body may consider evidence which would not be admissible at the adjudication hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
A. In a written judgment, the court shall make findings of fact regarding:
(1) Whether the child can safely return to the custody of the parent, and shall order return of custody to the parent if it is safe to do so.
(2) The permanent plan that is most appropriate and in the best interest of the child in accordance with the priorities of Article 702 (C).
(3) Except as otherwise provided in Article 672.1, whether the department has made reasonable efforts, as defined in Article 603, to reunify the parent and child or to finalize the child's placement in an alternative safe and permanent home in accordance with the permanent plan.
(4) Whether an out-of-state placement is safe, appropriate, and otherwise in the best interest of the child.
(5) For children whose permanent plan is placement in the least restrictive, most family-like alternative permanent living arrangement, why, as of the date of the hearing, the plan is the best permanency plan for the child and provide compelling reasons why it continues to not be in the best interest of the child to return home, be placed for adoption, be placed with a legal guardian, or be placed with a suitable relative.
B. The court may enter orders as are needed and appropriate to facilitate the timely achievement of each child's permanent plan, including the filing of a certification for adoption petition.
C. An extract of minutes of court specifying the information in Paragraph A of this Article and signed by the court shall be considered a written judgment.
D. Any person directly affected may appeal the findings or orders of the court rendered pursuant to this Article or Article 716.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2001, No. 567, §1; Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2022, No. 272, §1.
When appropriate, case review hearings and permanency hearings may be scheduled to be heard simultaneously, provided the record reflects that the appropriate findings and orders are made pursuant to this Chapter and Chapter 15 of this Title.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
Upon determination by the court that the department has failed to comply with any permanency planning requirements, including but not necessarily limited to Chapters 13, 15, and 16 of this Title, the court may:
(1) Subpoena agency witnesses to testify regarding the failure to comply.
(2) Order the agency or appropriate representatives to show cause why a contempt order should not issue.
(3) Order that the agency not seek federal reimbursement for the cost of the child's care where the court finds that reasonable efforts were not made.
(4) Submit a report of noncompliance to appropriate state and federal agencies.
(5) Refer the agency representative found responsible for the failure to comply to the appropriate department personnel for administrative reprimand or other administrative sanctions.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
In all cases the provisions of this Chapter shall be applicable.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
A. The court may modify a judgment of disposition on its own motion or on the motion of the district attorney, the department, the child, or his parents. When a child has been committed to a mental hospital, psychiatric unit, or substance abuse facility, the court may modify the judgment of disposition, for good cause shown, on the filing of a proper motion by the director of the mental hospital, psychiatric unit, or substance abuse facility.
B.(1) A motion to modify a judgment of disposition may be denied without a contradictory hearing, except when made by the director of a mental hospital, psychiatric unit, or substance abuse facility to which a child has been committed. In such instances, the director shall be permitted to show that the continued commitment would not be in the child's best interest because the facility cannot provide proper treatment or that the child has received the maximum benefit from the treatment available at the facility. The director shall make specific written recommendations regarding proper treatment or placement of the child, or both, in the motion filed with the court. The court shall hold a hearing on the motion for modification of a disposition filed by the director of a mental health hospital, psychiatric unit, or substance abuse facility within ten days of the filing of the motion unless continued for cause shown. An attorney from the Mental Health Advocacy Service shall be appointed to represent the child's interest at such a hearing unless attorneys from such agency are unavailable or the child has retained private counsel who shall represent only the interest of the child.
(2) A motion to modify to impose more restrictive conditions may not be granted without a contradictory hearing unless the parties consent.
C. On its own motion or on oral or written motion of the department, the court may modify a judgment of disposition without a contradictory hearing when the conditions of the disposition are sought to be made less restrictive.
D. Except as provided in Paragraph C of this Article, the motion shall be in writing and set forth in plain and concise terms the facts supporting the modification.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
A. A copy of a motion to modify shall be served upon the child, his parent, the petitioner, and any person, institution, or agency to whom the custody of the child has been assigned.
B. Service shall be in the manner provided for service of the petition.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
A judgment of disposition may be modified if the court finds that the conditions and circumstances justify the modification. A judgment of disposition shall be modified to return custody of the child to the parent, under terms and conditions the court deems to be in the best interest of the child, if the court finds that the child can be safely returned to the parent.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2022, No. 272, §1.
If a judgment of disposition is modified, a copy of the minute entry reflecting the modification shall be served upon the petitioner, the child, his parent, and any person, institution, or agency to whom custody of the child is assigned.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
A. The purpose of guardianship is to provide a permanent placement for children when the court has found that adoption is not in the children's best interest and the children cannot be safely reunified with their parents within a reasonable time; to encourage stability and permanence in the lives of children who have been adjudicated to be in need of care and have been removed from the custody of their parent; and to increase the opportunities for the prompt permanent placement of children, especially with relatives, without ongoing supervision by the department.
B. This Chapter is intended to ensure that the fundamental needs of children are met and the constitutional rights of all parties are recognized and enforced.
Acts 2011, No. 128, §1; Acts 2024, No. 92, §1.
A. Unless the court specifies otherwise, a guardian shall exercise the rights and responsibilities of legal custody and shall have the authority to consent to the child's marriage, to consent to his enlistment in the armed forces of the United States, and to make other decisions concerning the child, except the right to consent to the child's adoption.
B. Guardianship does not subject the guardian to responsibility under Civil Code Article 2317 or 2318 for damage occasioned by the child.
C. The rights and responsibilities of administering the property of the child are governed by the law of tutorship.
Acts 2011, No. 128, §1.
A. After a child has been adjudicated to be in need of care, a motion for guardianship may be filed by the department, parent, counsel for the child, or, when the guardian is deceased, an individual previously named as a successor guardian in a guardianship subsidy agreement with the department; or the department may submit a case plan along with the case review report to the court and all counsel of record recommending guardianship in accordance with Articles 674, 688, and 689.
B. The motion, case review report, or case plan shall include all of the following:
(1) The name and gender of the child, and the date and place of the child's birth.
(2) A description of the mental and physical health of the child.
(3) The current placement of the child and when it began.
(4) The name and address of the proposed guardian and any relationship to the child.
(5) The name and address of the parents of the child.
(6) A plain and concise statement of the facts on which the motion, case review report, or case plan for guardianship is sought; why neither adoption nor reunification with a parent is in the best interest of the child; and why the child cannot be safely reunified with the parent within a reasonable time. If a parent files the motion, any statement that the child cannot be safely reunified with the parent within a reasonable time shall not be deemed an admission for any purpose other than satisfying the motion.
C. If any of the information required by Paragraph B of this Article is unknown, the motion, case review report, or case plan shall state that fact. In addition, if the location of either parent is unknown, the motion, case review report, or case plan shall disclose efforts to locate the parent.
D. Unless not yet completed, the home study, as required by Article 721, shall be attached to the motion, case review report, or case plan. If not attached, the home study shall be submitted to the court as soon as it is completed.
Acts 2011, No. 128, §1; Acts 2014, No. 354, §1; Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2024, No. 92, §1.
The department shall submit to the court a confidential report of its investigation and evaluation of the home of the proposed guardian. The report shall include all of the following:
(1) The moral and financial fitness of the proposed guardian.
(2) The conditions of the home of the proposed guardian with respect to health, adjustment, and other advantages or disadvantages for the child.
(3) The physical and mental condition of the child and his reaction to the proposed guardianship.
(4) The plan for the child if the proposed guardian becomes incapable of providing care.
Acts 2011, No. 128, §1.
A. The mover shall have the burden of proving all of the following by clear and convincing evidence:
(1) The child has been adjudicated to be in need of care.
(2) Adoption is not in the best interest of the child and the child cannot be safely reunified with the parent within a reasonable time.
(3) The child has resided for at least six months with the proposed guardian, unless the court waives the residence requirement for good cause.
(4) The proposed guardian is able to provide a stable and safe home for the child for the duration of minority.
B. If the child is twelve years of age or older, the court shall solicit and consider the wishes of the child in the matter.
C. The court shall hold a hearing before approving a guardianship and shall, at the conclusion of the hearing, enter a written order that includes the findings upon which the order is based.
Acts 2011, No. 128, §1; Acts 2022, No. 272, §1.
A. The court may grant the motion and appoint a guardian for the child if the court finds by clear and convincing evidence that the requirements of Article 722 have been met and that the proposed guardianship is in the best interest of the child.
B. The guardianship order shall address the frequency and nature of visitation or contact between the child and his parent, as necessary to ensure the health, safety, and best interest of the child.
C. The guardianship order may require the parent to contribute to the support of the child to the extent the court finds the parent is able pursuant to Article 685.
D. The guardianship order continues until the child attains eighteen years of age, unless earlier modified or terminated by the court in accordance with Article 724.
Acts 2011, No. 128, §1; Acts 2014, No. 354, §1.
A. The court shall retain jurisdiction to enforce, modify, or terminate a guardianship order until the child attains eighteen years of age. The program representing the child in the child of need of care proceedings pursuant to Children's Code Article 607 and the program representing the indigent parents in the child in need of care proceedings pursuant to Children's Code Article 608 shall provide representation in guardianship proceedings.
B.(1) Any of the following parties may seek to enforce, modify or terminate a guardianship order:
(a) The department.
(b) Counsel for the child.
(c) The guardian or, if the guardian is incapacitated, an individual previously named as a successor guardian by the guardian in a guardianship subsidy agreement with the department.
(d) A parent permitted to intervene under Children's Code Article 707.
(e) The court on its own motion.
(2) A copy of the motion to modify shall be personally served on the parents, and the court shall promptly notify the programs representing the child and indigent parents, respectively, in child in need of care proceedings.
C. A guardianship order may be enforced in accordance with the contempt provisions of Chapter 2 of Title XV of this Code.
D. A guardianship order may be modified or terminated if the court finds by clear and convincing evidence that there has been a substantial and material change in the circumstances of the guardian or child because of any of the following:
(1) The guardian no longer wishes to serve or can no longer serve as guardian of the child.
(2) Continuation of the guardianship is so deleterious to the child as to justify a modification or termination of the relationship or the harm likely to be caused from a change in the guardianship is substantially outweighed by the advantages to the child of the modification.
E. The court shall hold a hearing before modifying or terminating a guardianship and shall, at the conclusion of the hearing, enter a written order that includes the findings upon which the order is based.
Acts 2011, No. 128, §1; Acts 2014, No. 354, §1; Acts 2015, No. 124, §1, eff. June 19, 2015.
A.(1) A guardian who has entered into a guardianship subsidy agreement with the department may name an individual as a successor guardian in the agreement for the purpose of continued eligibility of the subsidy in the event of the death or incapacity of the guardian.
(2) Nothing relative to the subsidy agreement provided for in this Paragraph shall be construed to confer any right of legal guardianship, as such legal guardianship shall be established or modified pursuant to Articles 720 through 724 exclusively.
B. An individual who has been named as a successor guardian in the guardianship subsidy agreement may request an ex parte order of temporary guardianship of the child in a motion for guardianship or modification of guardianship pursuant to Article 720 or 724.
C. An ex parte order of temporary guardianship of the child may be granted to the named successor only if all of the following conditions are satisfied:
(1) The current guardian is incapacitated or deceased.
(2) It clearly appears from specific facts shown by a verified motion or by supporting affidavit that the individual is able to provide a stable and safe home for the child pending the hearing.
(3) The mover was previously named as a successor guardian in a guardianship subsidy agreement with the department as shown by the agreement.
(4) The mover certifies to the court in writing the efforts undertaken to give notice to the parent of the child, the department, and the attorney for the child of the request for the ex parte order granting temporary guardianship or the reasons supporting the claim that notice should not be required.
D. An ex parte order of temporary guardianship shall:
(1) Continue until a hearing on the motion for guardianship or modification of guardianship is held and guardianship is established or denied by the court.
(2) Provide the date on which the ex parte order is signed and the date and hour of the hearing on the motion for guardianship or modification of the guardianship.
Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2022, No. 272, §1.
The legislature finds that arresting, prosecuting, and incarcerating victimized children serves to re-traumatize them and to increase their feelings of low self-esteem, which only makes the process of recovery more difficult. Both federal and international law recognize that sexually exploited children are the victims of crime and should be treated as such. Therefore, sexually exploited children should not be prosecuted for criminal acts related to prostitution. Instead, sexually exploited children should, where possible, be diverted into services that address the needs of these children outside of the justice system. Sexually exploited children deserve the protection of child welfare services, including diversion, crisis intervention, counseling, and emergency housing services. The purpose of this Chapter is to protect a child from further victimization after the child is discovered to be a sexually exploited child by ensuring that a child protective response is in place in the state. This is to be accomplished by presuming that any child engaged in prostitution, prostitution by massage, or crime against nature by solicitation is a victim of sex trafficking and providing these children with the appropriate care and services where possible. In determining the need for and capacity of services that may be provided, the Department of Children and Family Services shall recognize that sexually exploited children have separate and distinct service needs according to gender, and every effort should be made to ensure these children are not prosecuted or treated as juvenile delinquents, but instead are given the appropriate social services.
Acts 2013, No. 429, §3, eff. June 24, 2013.
As used in this Chapter, the following terms and phrases shall have the following meaning, unless the context requires otherwise:
(1) "Department" means the Department of Children and Family Services.
(2) "Safe house" means a residential facility or a shelter care facility operated by an authorized agency, including a nonprofit agency, with experience in providing services to sexually exploited children and approved by the department to provide shelter for sexually exploited children.
(3) "Sexually exploited child" means any person under the age of eighteen who has been subject to sexual exploitation because the person either:
(a) Is a victim of trafficking of children for sexual purposes under R.S. 14:46.3.
(b) Is a victim of child sex trafficking under 18 U.S.C. 1591.
Acts 2013, No. 429, §3, eff. June 24, 2013; Acts 2017, No. 376, §1.
A.(1) The department shall identify and maintain a current listing of safe houses which are licensed residential homes that specialize in the provision of services to sexually exploited children, regardless of whether those facilities receive taxpayer funding. This listing shall be made available to the governor's office of human trafficking prevention and to courts, prosecutors, and other stakeholders involved in proceedings pertaining to an exploited child.
(2) The department may, to the extent funds are available, operate or contract with an appropriate nongovernmental agency with experience working with sexually exploited children to operate one or more safe houses in a geographically appropriate area of the state.
(3) Each safe house shall provide safe and secure housing and specialized services for sexually exploited children.
(4) Nothing in this Article shall be construed to preclude an agency from applying for and accepting grants, gifts, and bequests for funds from private individuals, foundations, and the federal government for the purpose of creating or carrying out the duties of a safe house for sexually exploited children.
B. Each safe house listed with the department to provide services to sexually exploited children pursuant to the provisions of this Article shall submit to the governor's office of human trafficking prevention and to the department an annual report on their operations including information on the services offered, a listing of credentials, training, and licenses specific to survivor-centered and trauma-informed services for human trafficking survivors, geographic areas served, number of children served, and individual status updates on each child served. This information shall not include the name, address, or other identifying information of the child served. The governor's office of human trafficking prevention shall compile the data from all the reports submitted by each safe house pursuant to the provisions of this Article and shall provide this information in an annual report to the legislature on or before the first day of February each year.
Acts 2013, No. 429, §3, eff. June 24, 2013; Acts 2014, No. 564, §7; Acts 2017, No. 376, §1; Acts 2021, No. 352, §3, eff. June 17, 2021.
A. The department shall develop a statewide protocol for helping to coordinate the delivery of services to sexually exploited children and shall work with court intake officers to ensure that all state, federal, and community-based resources for sexually exploited children are known to children who have been granted diversion under Article 839.
B. A child who is a victim of human trafficking is a child in need of care, and unless otherwise specified in this Chapter, the provisions of Title VI of this Code shall govern, when applicable.
Acts 2013, No. 429, §3, eff. June 24, 2013; Acts 2017, No. 376, §1.
The officer shall notify the Louisiana Victim Outreach of the Department of Public Safety and Corrections that the child may be eligible for special services and, as a mandatory reporter as required by Article 610, shall notify the Department of Children and Family Services that the child is in need of protective services.
Acts 2017, No. 376, §1; Acts 2024, No. 576, §3.
A. The department shall be responsible for investigating reports of abuse or neglect where the abuser is believed to be a parent or caretaker, a person who maintains an interpersonal dating or engagement relationship with the parent or caretaker, or a person living in the same residence with the parent or caretaker as a spouse whether married or not.
B. The department shall fully cooperate with law enforcement, prosecutors, and court staff in the investigation and prosecution of child sexual exploitation, including ensuring that all state, federal, and community-based resources for sexually exploited children are known to the child.
C. The department shall maintain a current listing of licensed residential homes that specialize in the provision of services to exploited children. This listing shall be made available to courts, prosecutors, law enforcement, and other stakeholders involved in proceedings pertaining an exploited child.
D. The department shall cooperate with the prosecution of any perpetrator of child exploitation.
E. The department shall develop policies that reflect best practices. It shall consider all protocols developed by the Louisiana Human Trafficking Commission and assist in compiling data requested by the commission when available.
Acts 2017, No. 376, §1.
In addition to the protections of Article 412, law enforcement officers, investigators, prosecutors, and service providers shall keep confidential all reports and records of sexual exploitation, including the existence of such records. The identity, pictures, and images of the child victim and his family shall be confidential except to the extent that disclosure is:
(1) Essential for the purposes of investigation or prosecution.
(2) Required by court order.
(3) Necessary to ensure services.
Acts 2017, No. 376, §1.
The purpose of this Title is to define self-destructive behaviors by the child and conduct by other family members which contribute to the child's harm and which warrant court intervention in the family's life so that appropriate services to remedy the family's dysfunction can be secured; to secure the effectiveness of the court's intervention by explicitly confirming its duty to obtain the cooperation and coordination of all public institutions or agencies having responsibility to supply services to any member of the family referred to the court; to establish a family service plan binding upon all family members and the appropriate service providers; and to protect the integrity of the family by authorizing adjudication and the imposition of a dispositional judgment requiring participation in a plan of services only after all available voluntary alternatives have been exhausted.
Acts 1991, No. 235, §7.
Except as otherwise specified in this Title, all provisions of the Children's Code remain applicable.
Acts 1991, No. 235, §7.
As used in this Title:
(1) "Caretaker" means any person providing a residence for the child or any person legally obligated to provide or secure adequate care for the child, including a parent, tutor, guardian, or legal custodian.
(2) "Child" means a person under eighteen years of age who, prior to proceedings under this Title, has not been judicially emancipated or emancipated by marriage.
(3) "Runaway" means the continued absence of the child from the home of his caretaker without the caretaker's consent.
(3.1) Repealed by Acts 2004, No. 484, §3.
(4) "Sexually exploited child" means any person under the age of eighteen who has been subject to sexual exploitation because the person either:
(a) Is a victim of trafficking of children for sexual purposes under R.S. 14:46.3.
(b) Is a victim of child sex trafficking under 18 U.S.C. 1591.
(5) "Truant" means the repeated or habitual unauthorized absence or tardiness of a child from school pursuant to the provisions of R.S. 17:233 by a child who is subject to the compulsory attendance laws of this state.
(6) "Ungovernable" means the child's habitual disregard of the lawful and reasonable demands of his caretakers and that the child is beyond their control.
Acts 1991, No. 235, §7; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 1313, §1; Acts 2004, No. 484, §3; Acts 2009, No. 305, §3; Acts 2013, No. 429, §3, eff. June 24, 2013; Acts 2017, No. 362, §1.
A court exercising juvenile jurisdiction shall have exclusive original jurisdiction, in conformity with any special rules prescribed by law, over any child, his caretaker, or any other member of the child's family, who is alleged to be in need of services, as well as over any employee of a public institution or agency having legal responsibility and ability to supply the needed services.
Acts 1991, No. 235, §7.
A proceeding under this Title may be commenced in the parish in which the child is residing with his parent or tutor, the parish in which the child is residing with his caretaker, the parish in which the act complained of took place or the conditions complained of existed, or the parish in which the child is found. Whenever this Title requires that a hearing be convened within twenty-four hours of a child's entry into custody, in a multiparish judicial district, the hearing may be held in any parish within the judicial district.
Acts 1999, No. 1313, §1.
Allegations that a family is in need of services must assert whether the child is currently under the supervision of any state or local entity including, but not limited to, the Department of Children and Family Services or the Department of Public Safety and Corrections, youth services, the office of juvenile justice, and assert one or more of the following grounds:
(1) That a child is truant or has willfully and repeatedly violated lawful school rules.
(2) That a child is ungovernable.
(3) That a child is a runaway.
(4) That a child has repeatedly possessed or consumed intoxicating beverages, or that he has misrepresented or deceived his age for the purpose of purchasing or receiving such beverages from any person, or has repeatedly loitered around any place where such beverages are the principal commodities sold or handled.
(5) That a child has committed an offense applicable only to children.
(6) That a child under ten years of age has committed any act which if committed by an adult would be a crime under any federal, state, or local law.
(7) That a caretaker has caused, encouraged, or contributed to the child's behaviors enumerated in this Article or to the commission of delinquent acts as defined in Title VIII.
(8) That, after notice, a caretaker has willfully failed to attend a meeting with the child's teacher, school principal, or other appropriate school employee to discuss the child's truancy, the child's repeated violation of school rules, or other serious educational problems of the child.
(9) That a child has been found incompetent to proceed with a delinquency matter under Article 832 et seq.
(10) Repealed by Acts 2012, No. 730, §2.
(11) A child found to have engaged in cyberbullying.
Acts 1991, No. 235, §7; Acts 1994, 3rd Ex. Sess., No. 45, §3; Acts 1995, No. 444, §1, eff. June 17, 1995; Acts 1999, No. 784, §1; Acts 1999, No. 1313, §2; Acts 2004, No. 485, §1, eff. Jan. 1, 2005; Acts 2010, No. 989, §1; Acts 2012, No. 660, §1; Acts 2012, No. 730, §2.
A. A caretaker, other adult family member, any representative of an agency having the responsibility or ability to supply services to a family, or any other person authorized by the court may file a complaint which alleges one or more of the grounds enumerated in Article 730. Referring entities shall utilize all appropriate and available resources prior to filing a complaint and provide documentation of all steps taken at the time the complaint is filed. If the referring entity is a school, it shall at a minimum document meetings with the child, meetings with the child's caretaker, and referral of the child to school behavior support personnel.
B. The complaint shall be in writing but may make allegations of fact on information and belief.
C. The complaint shall set forth with specificity:
(1) The name, date and place of birth, sex, race, address, and present location of the child.
(2) The name, age, sex, and current address of the child's parents or other caretakers.
(3) The name, age, and sex of any other family members living within the child's home.
(4) The name of any public institution or agency having the responsibility or ability to supply services alleged to be needed by the family.
(5) Whether the child is currently under the supervision of any state or local entity, including but not limited to, the Department of Children and Family Services or the Department of Public Safety and Corrections, youth services, or the office of juvenile justice.
D. If any of the information required by Paragraph C of this Article is unknown, the complaint shall so allege.
Acts 1991, No. 235, §7; Acts 1997, No. 612, §2; Acts 2012, No. 660, §1.
A. The court shall designate any individual, except a person authorized to file a petition, who will serve as the intake officer for the court in families in need of services cases.
B. Unless otherwise specified by the court, the duties of the intake officer shall include:
(1) Responsibility for receiving all complaints alleging that a family is in need of services.
(2) Responsibility for conducting a preliminary investigation into the merits of the allegations.
(3) Responsibility for identifying any public institutions or agencies having the legal responsibility and ability to supply any needed services.
(4) Scheduling the conference authorized by Article 743 and notifying all parties of the time and place of the conference.
(5) Conducting the Informal Family Services Plan conference and writing the resulting agreement, if any.
(6) Coordinating the implementation of the resulting agreement, if any.
(7) Referring the case for petition and an adjudication hearing, if necessary.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.
A. A peace officer, probation officer, district attorney, or other person designated by the court may file a verified complaint alleging facts showing that there are reasonable grounds to believe that the family is in need of services and that emergency removal of the child from his home is necessary to secure the child's protection or control.
B. If the court determines that the child's welfare cannot be safeguarded without removal, the court may issue an instanter order directing that the child be taken into custody.
C. The order shall specify the place of the child's prehearing placement in accordance with Article 737.
D. An instanter order may be executed by any peace officer having territorial jurisdiction over the child or any other person designated by the court.
E. Any peace officer having territorial jurisdiction over the child or any other person designated by the court may serve a summons upon a caretaker to appear at court for a hearing. A copy of the summons shall be filed in the record as proof of service.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.
A. In addition to the authority provided in Article 736, a peace officer, probation officer, or school attendance officer may briefly detain any child from the age of seven through sixteen whom the officer reasonably believes to be absent from school during normal school hours and the officer may question the child about his reasons for being absent.
B. If based on this inquiry the officer has reasonable grounds to believe that the child is absent from school without justification, the officer may release the child to his parents or transport the child to the appropriate administrator of the child's assigned school or to a receiving center designated by the parish school board for acceptance of such children.
C. Upon the child's transportation to either school or receiving center, the administrator shall promptly notify the child's parents.
D. If the officer has reasonable grounds to believe that the child is truant or that the family is otherwise in need of services, the officer or administrator may file a complaint pursuant to Article 731.
Acts 1994, 3rd Ex. Sess., No. 114, §1; Acts 1995, No. 1095, §3.
A. In exceptional circumstances, the facts supporting the issuance of an instanter order and the exceptional circumstances may be relayed orally, including telephonically, to the judge and his order directing that a child be taken into custody may be issued orally.
B. In such cases, an affidavit containing the information previously relayed orally, including telephonically, shall be filed with the clerk of the court within twenty-four hours and a written order shall be issued.
C. If the affidavit is filed after the child has been taken into custody, it shall indicate whether the child was released to his parents or continued in custody, and if so, the prehearing placement to which the child was taken.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.
A. The court may issue an order directing that a child be taken into custody upon presentation to the court of a written verified complaint by a peace officer, probation officer, district attorney, or other person designated by the court alleging facts showing that there are reasonable grounds to believe that the child's family is in need of services and that the child's conduct or surroundings are such as to endanger his welfare and that immediate removal appears to be necessary for his protection or control.
B. In exceptional cases, the facts supporting the issuance of this order may be relayed telephonically or orally to the judge and his order directing that a child be taken into custody may be issued orally. In such cases, the requirements of Article 734(B) and (C) must be followed.
C. An order directing that a child be taken into custody may be executed by a peace officer or probation officer having territorial jurisdiction over the child.
D. The order shall specify the child's prehearing placement in accordance with Article 737.
Acts 1991, No. 235, §7; Acts 1995, No. 1095, §3; Acts 1999, No. 1313, §1.
A. A peace officer or probation officer of the court may take a child into custody without a court order if he has reasonable grounds to believe that the child's family is in need of services and that the child's conduct or surroundings are such as to endanger his welfare and that immediate removal appears to be necessary for his protection or control.
B. If the child is taken into custody without a court order or warrant, the peace officer shall have the responsibility either to:
(1) Counsel and release the child to the care of his parents or legal custodian upon a written promise to bring the child to court at such time as may be fixed by the court.
(2) Promptly take the child to a shelter care facility.
C. If the officer does not release the child to the care of his parents, the officer promptly shall notify the child's parents that he has been taken into custody.
D. The officer shall submit a report to the district attorney or the officer designated by the court to receive such reports. The report shall include:
(1) The name, address, date of birth, sex, and race of the child.
(2) The name and address of the parents, or spouse, if any, of the child.
(3) A plain and concise statement of the facts and circumstances of the officer's taking the child into custody.
(4) A plain and concise statement of facts and circumstances showing reasonable grounds to believe that the family is in need of services and that the child's conduct or surroundings are such as to endanger his welfare, and that immediate removal appears to be necessary for his protection or control.
(5) A statement indicating whether the child was released or conducted to a shelter care facility.
E. If the child is released pursuant to Paragraph B of this Article, the report shall be submitted by the officer within seven days from the child's release. If the child is not so released, the report shall be submitted within twenty-four hours of the child being taken into custody.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.
Any law enforcement officer acting in good faith upon the request of a parent or guardian, exercising due care in the taking into custody a runaway child, or providing assistance thereto, pursuant to the provisions of this Title shall have immunity from any civil liability that otherwise might be incurred or imposed because of the report, taking into custody, or assistance provided. The limitation of liability provided by this Article shall not extend to acts constituting negligence, a violation of the law, or a violation of the confidentiality provisions of this Code, including those contained in Article 412.
Acts 2001, No. 840, §1; Acts 2017, No. 362, §1.
A. When taken into custody, the child shall be placed in the least restrictive prehearing placement consistent with the child's need for protection or control, in the following order of priority:
(1) The home of a relative who is of the age of majority and who is willing and able to offer a wholesome and stable environment for the child subject to the supervision of the court.
(2) The home of a suitable adult who is concerned about the child and who is willing and able to offer a wholesome and stable environment for the child subject to the supervision of the court and who is eligible for certification as an emergency foster home pursuant to R.S. 46:281 through 286 or R.S. 46:1406 et seq.
(3) A shelter care facility for juveniles.
(4) A secure detention facility, until a hearing is held within twenty-four hours after the child's entry into custody in accordance with Article 739, if the child can be detained separately from children who have been adjudicated delinquent and both of the following apply:
(a) Non-secure placement is not available to meet the child's need for protection or control.
(b) There are reasonable grounds to believe that the child is a runaway, ungovernable, or otherwise at substantial risk of failing to appear at the next scheduled hearing if released to the custody of a parent or guardian.
B. If the court finds that the child is in need of medical or psychological evaluation or treatment, it may issue orders in accordance with Article 760 or 761 and, if necessary, place the child in a medical facility for such evaluation or treatment.
C. If the court finds reasonable grounds to believe that the conduct of the child indicates that he is suffering from mental illness or substance abuse, the court may refer the child to a physician for an assessment in accordance with Article 1422.
D. Any records and reports related to placement of a child into custody under any of the provisions of this Title shall be confidential and shall not be disclosed unless specifically authorized by provisions of this Code, including Article 412.
Acts 1991, No. 235, §7; Acts 1995, No. 1095, §3; Acts 1999, No. 1313, §1; Acts 2017, No. 362, §1.
A. As soon as practicable after a child is received by a shelter care facility or a secure detention facility, the court or a probation officer employed and authorized by the court, upon determining it to be appropriate, shall release the child to the care of his parents or other relatives or caretakers upon their written promise to bring him to court at such times as may be fixed by the court and to comply with other orders of the court for the child's evaluation or treatment, if any. The court may also impose reasonable restrictions upon the child's travel, place of abode, association with other people, or employment during this period of release.
B. If the court finds that release under Paragraph A of this Article is inappropriate, it may authorize the continued custody of the child pending the holding of a continued custody hearing within the time limitations established in Article 739.
C. An appropriate representative of the agency that took the child into custody shall be responsible for transporting the child to the adjudication or disposition hearing, or both, and transporting the child back to the shelter care facility or secure detention facility as determined by the court through its order or judgment of disposition.
D. Repealed by Acts 2017, No. 362, §5.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1; Acts 2017, No. 362, §§1, 5.
A. If the child is not released to the care of his parents, a hearing shall be held by the court within three days after the child's entry into custody. The hearing may be continued for up to three additional days upon motion and with good cause shown. If the hearing is not timely held, the child shall be released unless the hearing is continued at the request of the child.
B. If pursuant to Article 737(A) the child is being held in a secure detention facility, a hearing shall be held within twenty-four hours, excluding weekends and holidays, after the child's entry into custody. If the hearing is not timely held, the child shall be released unless the hearing is continued at the request of the child.
C. At this hearing, the state has the burden of proving the existence of a ground for continued custody pursuant to Article 741.
D. Hearsay evidence shall be admissible at this hearing.
E. Notwithstanding any other provisions of this Code to the contrary, and due to the expedited nature of these hearings, in a judicial district comprised of more than one parish, a continued custody hearing may be conducted in any parish in the judicial district.
Acts 1991, No. 235, §7; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1313, §1; Acts 2008, No. 634, §1.
A. At the continued custody hearing, the court shall advise the parents and the child, in terms understandable by the child, of:
(1) The nature of the proceedings.
(2) The nature of the allegations.
(3) The informal family services plan procedure.
(4) The right to an adjudication hearing.
(5) The right to retain and be represented by an attorney.
(6) The nature of Families in Need of Services proceedings as set forth in Article 792 and the confidentiality of Families in Need of Services records as set forth in Article 793.
B. If a petition seeking a formal adjudication is filed, the court shall appoint independent legal counsel for the child, or refer the child for representation by the district public defender. Neither the child nor anyone purporting to act on his behalf may be permitted to waive this right. If the court finds that the parents of the child are financially able, it may order the parents to pay some or all of the costs of the child's representation.
C. If a petition seeking a formal adjudication is filed, the court shall also advise the child of his privilege against self-incrimination.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1; Acts 1999, No. 1317, §3; Acts 2007, No. 307, §9; Acts 2017, No. 362, §1.
The court may authorize the continued custody of a child prior to adjudication if there are reasonable grounds to believe that the child is in need of services and that continued custody is necessary for his protection or control.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.
A. Following the hearing required by Article 739, the court shall order the least restrictive preadjudication placement consistent with the child's need for protection or control as authorized by Article 737(A)(1) through (3).
B. The court may detain the child in a secure detention facility for up to twenty-four hours, excluding weekends and holidays, only for the purpose of providing adequate time to arrange for an appropriate non-secure alternative placement in accordance with Article 737 pending the adjudication hearing.
C. If appropriate, the court may also enter orders for evaluation or treatment in accordance with Article 737(B) and (C).
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1; Acts 2017, No. 362, §1.
A. Except in emergencies or where the court determines it to be inappropriate, the court, its officer, or any person it designates shall convene a conference to be attended by the child, his parents or other legal custodian, and representatives of any public institution or agency having legal responsibility or discretionary ability to supply services to the family, which according to the petition are needed.
B. This conference may be held at any time before or after a petition is filed but shall be held before any appearance to answer is made.
Acts 1991, No. 235, §7.
A. After any preadjudication conference, the child, his caretakers, and any service provider may effect an informal family services plan agreement.
B. An informal family services plan agreement shall include:
(1) The identification of the conduct of the child, caretaker, or any family member which is causing serious harm to the child and the services needed by that individual to mitigate or eliminate the problems within the family unit.
(2) A description of the services which are needed for the child, his caretakers, or other family members, the availability of such services within the community, and a plan for ensuring that any such services that are available will be secured and delivered.
(3) A description of all expected action to be taken by the child, his caretakers, or other family members.
(4) The name of the person within the affected public service agency who is directly responsible for assuring that the informal family services plan agreement is implemented.
(5) An estimate of the time anticipated to be necessary in order to accomplish the goals set out in the agreement.
C. An informal family services plan agreement shall set forth in writing the terms and conditions agreed to by the parties. It shall be signed by the convenor of the informal adjustment conference and all parties.
D. The informal family services plan agreement must demonstrate that the child and his caretakers understand their right to an adjudication hearing on their need for services. It must also demonstrate that they consent to its terms with knowledge that their consent is not obligatory and with knowledge of the effect of the agreement as set out hereinafter in Article 745.
E. The duration of the informal family services plan agreement shall not exceed six months; however, the court may extend the agreement for one additional period not to exceed six months.
F. If a petition has been filed, the informal family services plan agreement shall be filed in the record.
Acts 1991, No. 235, §7; Acts 1992, No. 705, §1, eff. July 6, 1992.
A. An informal family services plan agreement shall not be considered an adjudication. Evidence of the existence of such an agreement shall not be used against the child, the caretaker, or other family member over objection in any adjudication hearing or criminal trial. Such evidence may, however, be used in a disposition hearing in the juvenile court or for the purpose of a presentence investigation after a criminal conviction.
B. An informal family services plan agreement suspends the proceedings on the conduct alleged in a family in need of services complaint or petition. If any of the terms of the agreement are violated, the case may proceed to an adjudication hearing on the allegations. If the child, caretaker, or other family member satisfies the terms of the agreement, he shall be discharged from further services or supervision, and the pending complaint or petition shall be dismissed with prejudice.
C. Any incriminating statement made by the child, caretaker, or other family member during discussions or conferences incident to the informal family services plan agreement shall not be used against the declarant, over objection, in an adjudication hearing or criminal trial. Any such statement may be reported as the basis for a referral to the local child protection unit of the Department of Children and Family Services in accordance with Article 610, if it causes the intake officer to believe that a child's physical or mental health or welfare is endangered by abuse or neglect. Any such statement may be used in a disposition hearing in the juvenile court or for the purpose of a presentence investigation after a criminal conviction.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1; Acts 2001, No. 567, §1.
If there are reasonable grounds to believe that the family is in need of services, a family in need of services proceeding shall be commenced by a petition filed by the district attorney or any other attorney authorized by the court.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.
A. If a child is continued in custody prior to adjudication, a petition requesting that the family be adjudicated in need of services shall be filed within thirty days of the hearing to determine continued custody.
B. Upon motion and good cause shown, the time for filing a petition may be extended by the court.
C. If no petition is filed within the applicable time period, the child shall be returned to the parent.
Acts 1991, No. 235, §7.
A. The petition shall contain a caption setting forth the name of the court and the title of the action. The petition shall be entitled, "The State of Louisiana in the Interest of...".
B. Allegations of fact shall be simple, concise, and direct and shall be set forth in numbered paragraphs. As far as practicable, each paragraph shall be limited to a single set of circumstances. Allegations of fact may be made on information and belief.
C. Failure to comply with formal requirements of this Article shall not be grounds for dismissal of a petition or invalidation of the proceedings unless it results in substantial prejudice.
Acts 1991, No. 235, §7; Acts 2014, No. 133, §1.
A. The petition shall set forth with specificity:
(1) The name, date, and place of birth, sex, race, address, and present location of the child.
(2) The name, age, sex, race, and current address of the child's parents and caretakers.
(3) The name, age, sex, and race of any other family members living within the child's home.
(4) The name of any public institution or agency having the responsibility or ability to supply services alleged to be needed by the family.
(5) A statement as to whether the child is currently under the supervision of any state or local entity, including but not limited to, the Department of Children and Family Services or the Department of Public Safety and Corrections, youth services, or the office of juvenile justice.
(6) A statement as to whether the petitioner knows or has reason to know that the child is an Indian child and facts that support that statement.
B. If any of the information required by Paragraph A of this Article is unknown, the petition shall so allege. Any defects in the allegations required by Paragraph A of this Article shall be considered defects of form. The petitioner shall inform the court if he subsequently discovers information indicating that the child is an Indian child.
C. The petition shall aver one or more of the grounds set out in Article 730.
D. The petition shall also aver that all available and appropriate attempts to encourage voluntary use of community services by the family have been exhausted.
E. The petition shall conclude with a request that the court intervene to adjudicate the family to be in need of services.
Acts 1991, No. 235, §7; Acts 2012, No. 660, §1; Acts 2018, No. 296, §1.
A. Without leave of court, the court's designate may amend the petition at any time prior to the adjudication hearing to add new names of agencies or institutions having the legal responsibility to provide services to the family or to delete the names of agencies or institutions named in the original petition.
B. The petitioner may amend the petition at any time to cure defects of form, imperfection, omission, or uncertainty.
C. Prior to the adjudication hearing, the petitioner may amend the petition to include new allegations of fact or requests for adjudication.
D. Prior to the adjudication hearing, the petitioner may dismiss the family in need of services petition and instead file a petition which alleges delinquency pursuant to Title VIII of this Code or that a child is in need of care pursuant to Title VI of this Code.
E. On motion of the child or parent that he has been prejudiced in his defense on the merits by defect of form, imperfection, omission, or uncertainty, the court may grant a continuance for a reasonable time. In determining whether the child or parent has been prejudiced in his defense upon the merits, the court shall consider all circumstances of the case and the entire course of the proceedings.
Acts 1991, No. 235, §7; Acts 2021, No. 270, §1.
A copy of the petition shall be served upon any member of the family who is alleged to be in need of services and upon any public institutions or agencies identified in the petition as providing these services.
Acts 1991, No. 235, §7.
A. If a caretaker resides within the state, service shall be made personally or by domiciliary service or by certified mail as soon as possible and not less than fifteen days prior to commencement of the adjudication hearing on the matter.
B. The person effecting service shall execute a return and, if service was made by certified mail, the return receipt shall be attached thereto.
Acts 1991, No. 235, §7.
A. When any petition involves a child whose caretaker is a resident of this state, the court shall issue a summons commanding that the child, his caretaker, and such other persons as the court deems proper appear before the court at a designated time and place.
B. If the petition identifies a public agency having the responsibility or ability to provide services needed by any family member, a summons shall also be served upon the director of the agency or any employee designated by the director to the court to receive notice of family in need of services petitions.
Acts 1991, No. 235, §7.
If a properly served person fails to appear in response to a summons, the court may order that such person be taken into custody and immediately brought before the court.
Acts 1991, No. 235, §7.
A. If a caretaker does not reside within this state, service shall be made by certified mail to the address indicated in the petition, return receipt requested, not less than fifteen days prior to commencement of the adjudication hearing on the matter.
B. The person effecting the service shall file the return receipt as proof of service.
Acts 1991, No. 235, §7.
A. If no informal family services plan agreement has been made, the court shall require the child, the child's caretaker, or other family member served with the petition to appear to answer the petition at any time prior to the adjudication hearing but no later than forty-five days after the filing of the petition.
B. The court may also permit the parties to stipulate that the family is in need of services.
C. If the petition is filed prior to or during the hearing to determine continued custody, the court may order any party to answer the petition upon completion of the hearing or permit the entry of a stipulation that the family is in need of services.
Acts 1991, No. 235, §7.
With the consent of the petitioner and district attorney, any party may stipulate that the family is in need of services, with or without admitting the allegations of the petition, provided that:
(1) The person so stipulating personally appears before the court unless absent with the court's approval.
(2) The court fully informs the person of rights, if any, as required by Article 740.
(3) The court fully informs the person of the consequences of such a stipulation.
(4) The person knowingly and voluntarily consents to the judgment.
Acts 1991, No. 235, §7.
If an appearance to answer the petition is required, the court shall advise the child and the child's caretaker of their rights pursuant to Article 740, unless they were so advised at a previous hearing.
Acts 1991, No. 235, §7.
After the child and his caretaker have been advised pursuant to Article 740, the court shall determine whether each admits or denies the allegations of the petition.
(1) If either the caretaker or child denies the allegations, the court shall set the matter for adjudication.
(2) If both the child and the caretaker admit that the allegations of the petition are true or stipulate that the family is in need of services, the court shall determine whether there is a factual basis for adjudication and if the child and caretaker consent to adjudication. If so, the court may accept a consent judgment and order a predisposition investigation.
Acts 1991, No. 235, §7.
A. On its own motion or on the motion of any party, the court may order any child of the family or the caretaker to be examined by a physician, optometrist, or audiologist.
B. On its own motion or on motion of any party, after a contradictory hearing and a showing of good cause, the court may order any child of the family or the caretaker to be examined by a psychologist or a psychiatrist.
C. Any examination as herein provided shall be made and the findings submitted to the court within thirty days of the date the order is entered. Such period may be extended by the court for good cause.
D. Copies of any reports of findings submitted to the court shall be available to counsel for all parties.
Acts 1991, No. 235, §7.
A. On its own motion or on the motion of any party, the court may order the caretaker to provide medical or surgical care needed by the child.
B. If the caretaker fails to provide such care, the court may order such care or treatment and, after due notice to the caretaker, order him to pay all or part of the expense.
Acts 1991, No. 235, §7.
The hearing on the petition to declare the family in need of services may be consolidated with a hearing on a petition to declare a child delinquent or a petition to declare a child in need of care.
Acts 1991, No. 235, §7.
A. All objections to the proceedings, including objections based on defects in the petition and defenses capable of determination as a matter of law, may be raised by motion to dismiss.
B. Upon a finding of grounds to dismiss the petition as provided in Paragraph A of this Article, the court shall order that the petition be dismissed.
Acts 1991, No. 235, §7; Acts 2022, No. 176, §1.
The court shall dismiss a petition on the motion of the district attorney.
Acts 1991, No. 235, §7; Acts 2022, No. 176, §1.
A. If the child is in continued custody pursuant to Chapter 4 of this Title, the adjudication hearing shall commence within thirty days of the appearance to answer the petition. If the child is not continued in custody, the adjudication hearing shall commence within ninety days of the appearance to answer the petition.
B. For good cause, the court may extend such period.
C. If the hearing has not been commenced timely, upon motion of the child, the court shall release a child continued in custody and may dismiss the petition.
Acts 1991, No. 235, §7.
The court shall determine the order of the presentation of evidence at an adjudication hearing.
Acts 1991, No. 235, §7.
A. The child, his caretakers, counsel, the petitioner, the district attorney, authorized officials of the court, and witnesses called by the parties may be present at the adjudication hearing.
B. The court may admit any other person who has a proper interest in the proceedings or the work of the court.
C. On its own motion the court may, and on the request of a party the court shall, order that the witnesses, other than parties, be excluded from the courtroom or from a place where they can see or hear the proceedings, and refrain from discussing the facts of the case with anyone other than counsel in the case. In the interest of justice, the court may exempt any witness from its order.
Acts 1991, No. 235, §7.
A. At the commencement of the adjudication hearing, the court shall inquire as to whether the petitioner or any person before the court knows or has reason to know that the child is an Indian child. If no person before the court responds affirmatively, the court may proceed, although it shall instruct each person before the court to inform the court if he subsequently discovers information indicating that the child is an Indian child.
B. In accordance with Article 767.2, if the court finds that there is reason to know that the child is an Indian child, the court shall immediately proceed pursuant to the federal Indian Child Welfare Act and the regulations promulgated thereunder.
C. If a tribe fails to respond to multiple requests for verification that the child is an Indian child and the court or Department of Children and Family Services has sought the assistance of the Bureau of Indian Affairs in contacting the tribe, the court may make the determination that the child is not an Indian child based on the information it has available and proceed to adjudication in accordance with this Title.
Acts 2018, No. 296, §1.
Upon conducting the inquiry required by Article 767.1, a court has reason to know that a child is an Indian child if any of the following occurs:
(1) A person before the court, an officer of the court involved in the proceeding, an Indian tribe, an Indian organization, or an agency informs the court that the child is an Indian child.
(2) A person before the court, an officer of the court involved in the proceeding, an Indian tribe, an Indian organization, or an agency informs the court that it has discovered information indicating that the child is an Indian child.
(3) The child who is the subject of the proceeding gives the court reason to know that he is an Indian child.
(4) The court is informed that the domicile or residence of the child, the child's parent, or the child's Indian custodian is on a reservation or in an Alaska Native village.
(5) The court is informed that the child is or has been a ward of a Tribal court.
(6) The court is informed that either parent or the child possesses an identification card indicating membership in an Indian tribe.
Acts 2018, No. 296, §1.
The adjudication hearing shall be conducted according to the rules of evidence applicable to civil proceedings.
Acts 1991, No. 235, §7.
The adjudication hearing shall be held before the court without a jury.
Acts 1991, No. 235, §7.
The petitioner shall prove the allegations of the petition by a preponderance of evidence.
Acts 1991, No. 235, §7.
A. Following the adjudication, the court shall immediately declare whether the evidence warrants an adjudication that the family is in need of services. In exceptional circumstances, the court may take the matter under advisement.
B. If the court finds that the evidence does not warrant an adjudication that the family is in need of services, it shall dismiss the petition.
Acts 1991, No. 235, §7.
A. On motion of the child or his caretaker, an adjudication shall be vacated and a new adjudication hearing ordered if, after contradictory hearing, the court finds that:
(1) The adjudication was obtained by fraud or mistake sufficient to justify vacating the adjudication.
(2) The court making the adjudication lacked jurisdiction.
(3) New evidence not previously discoverable by due diligence requires vacating the adjudication in the interest of justice. A motion based upon this ground must be brought within one year of the adjudication.
B. In the interest of justice, the court may vacate an adjudication prior to disposition.
Acts 1991, No. 235, §7.
Following adjudication, the court may order a predisposition investigation. The investigation shall include inquiring into the circumstances surrounding the factual allegations of the petition and shall gather the information required by Article 744(B). A written report of the investigation and findings shall be submitted to the court prior to the disposition hearing.
Acts 1991, No. 235, §7.
A. Following the adjudication, the court may order such physical and mental examination and evaluation of any child of the family and his caretaker as may be helpful in determining a fair and just disposition.
B. After giving the caretaker a reasonable opportunity to be heard, the court may order that he shall contribute to the cost of any court-ordered examination or evaluation in an amount commensurate with his ability to pay.
Acts 1991, No. 235, §7.
A. Prior to or during the disposition hearing, the court shall advise the child and his caretaker of the factual contents and the conclusions of the predisposition report authorized by Article 773 and any other reports considered by the court.
B. If the court has ordered a mental examination of the child or his caretaker pursuant to Article 774, the court, prior to the disposition hearing, shall provide the counsel for the child and caretaker with copies of reports submitted in connection with such mental examination.
C. The court shall afford the child and his caretaker fair opportunity to controvert factual contents and conclusions disclosed pursuant to Paragraphs A and B of this Article.
D. A copy of any reports relevant to the dispositional plan of services shall also be provided to any agency named in the disposition order as having responsibility to provide services to the child or his caretaker.
Acts 1991, No. 235, §7.
A. If at any point in family in need of services proceedings a child enters the custody of the state, the provisions of Chapters 13, 15, and 16 of Title VI of this Code and Article 1004.2 shall be applicable.
B. When the Department of Public Safety and Corrections is the custodian, the provisions of Chapter 15 of Title VI shall be applicable only as provided in Article 907 and Article 908(C).
Acts 1991, No. 235, §7; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2001, No. 567, §1; Acts 2012, No. 730, §1; Acts 2024, No. 92, §1.
A. Prior to entering a judgment of disposition, the court shall conduct a disposition hearing.
B. This hearing may be conducted immediately after the adjudication and shall be conducted within thirty days after the adjudication. Such period may be extended for good cause.
C. At the hearing, the court shall inform any employee of a public institution or agency designated by its director to represent the agency in this matter that he will be deemed personally responsible for his agency's cooperation in the providing of services to the family unless in writing, the director of the institution or agency subsequently informs the court that some other individual within its administration is to be substituted for him.
Acts 1991, No. 235, §7.
The court may consider the report of the predisposition investigation, any reports of mental evaluation, and all other evidence offered by the child, his caretaker or the state relating to the proper disposition. The court may consider evidence which would not be admissible at the adjudication hearing.
Acts 1991, No. 235, §7.
A. In any case in which the family has been adjudicated to be in need of services, the court may impose the following orders directly affecting any child of the family:
(1) Order the child to submit to counseling or to psychiatric or psychological examination or treatment.
(2) Order the child to cooperate in accepting particular services from any public institution or agency or from any private institution or agency willing and able to provide him with needed services.
(3) Place the child in the custody of a caretaker or other suitable person on such terms and conditions as deemed in the best interests of the child and the public.
(4) Place the child on probation on such terms and conditions as deemed in the best interests of the child and the public.
(5) Assign the child to the custody of a private or public institution or agency, except that the child shall not be placed in a correctional facility designed and operated exclusively for delinquent children, nor shall such facility accept the child.
(6) Make such other disposition or combination of the above dispositions as the court deems to be in the best interests of the child and the public.
B. In any case in which the family has been adjudicated to be in need of services, the court may impose any of the following orders directly affecting a caretaker:
(1) Order the caretaker to submit to counseling or to psychiatric or psychological examination or treatment.
(2) Order the caretaker to cooperate in accepting particular services from any public institution or agency or from any private institution or agency willing and able to provide him with needed services.
(3) Order the caretaker to cooperate in connection with any part of the disposition order directly affecting the child.
(4) Impose any other conditions reasonably related to improving the family relationship.
(5) Order the caretaker to perform court-approved community service activities. If feasible, the court-approved community service activities shall be conducted by the caretaker and child together.
C. In any case in which the family has been adjudicated to be in need of services, the court may order any public institution or agency and its representatives to:
(1) Provide any services specified in its order as necessary to improve the family relationships or reunite the family in the best interests of the child, provided only that such services are available within the agency or institution.
(2) Report at least once every six months in writing concerning the progress of the family in receiving and accepting the services ordered.
Acts 1991, No. 235, §7; Acts 1995, No. 1095, §3; Acts 2010, No. 314, §1.
A. The court shall not remove a child from the custody of his caretakers unless his welfare cannot, in the opinion of the court, be adequately safeguarded without such removal.
B. In support of any disposition removing a child from the caretaker's home, the court shall determine whether reasonable efforts have been made by public institutions and agencies to prevent or eliminate the need for removal of the child from his home and, after removal, to make it possible for the child to return home.
C. If a child is assigned to the custody of a public or private institution or agency, the court shall transmit with the judgment of disposition all relevant reports concerning the child and his family.
D. Any institution or agency to which a child is assigned shall:
(1) Report at least once every six months in writing concerning the whereabouts and condition of the child to the judge who rendered the judgment of disposition.
(2) Upon request, provide the court any information concerning the condition, supervision, treatment, or rehabilitation program of the child.
E. State agencies shall fully cooperate with any court which has authority with respect to the placement of a child in foster care for the purpose of locating a parent of the child. Such cooperation shall include making available all information obtained from the Federal Parent Locator Service.
Acts 1991, No. 235, §7; Acts 2007, No. 334, §1.
A. The court shall impose the least restrictive disposition which the court finds is consistent with the circumstances of the case, the needs of the child, and the best interest of society.
B. If the court commits a child to a private institution or agency, it shall select one that has been licensed under state law, if licensure is required by law for such an institution or agency.
C. In committing a child to the custody of an individual or a private agency or institution, the court shall, whenever practicable, select a person, agency, or institution of the same religious affiliation as the child or his parents.
D. A child shall not be committed to a public or private mental institution or institution for persons with mental illness unless the court finds, based on psychological or psychiatric evaluation, that the child has a mental disorder, other than an intellectual disability, that has a substantial adverse effect on the child's ability to function and requires care and treatment in an institution. When the child is in the custody of the state of Louisiana, this finding shall not be made without a contradictory hearing, notice to the Louisiana Department of Health, bureau of legal services, and representation of the child by an attorney appointed from the Mental Health Advocacy Service, unless the child retains private counsel, who shall represent only the interest of the child. The Mental Health Advocacy Service's attorney appointed shall continue to represent the child in any proceeding relating to admission, change of status, or discharge from the mental hospital or psychiatric unit. Upon modification of the disposition to a placement other than a mental hospital or psychiatric unit, the Mental Health Advocacy Service's attorney shall be relieved of representation of the child.
E. A child shall not be committed to a public or private institution for persons with intellectual disabilities unless the court finds, based on psychological or psychiatric evaluation pursuant to R.S. 28:451.1 et seq., that the child has an intellectual disability and that the condition has a substantial adverse effect on the child's ability to function and requires care and treatment in an institution.
Acts 1991, No. 235, §7; Acts 1995, No. 1095, §3; Acts 2014, No. 811, §33, eff. June 23, 2014; Acts 2024, No. 92, §1.
A. When the court suspends the imposition or execution of sentence and places the child or his parent or both on supervised probation or grants the child supervised parole, and the probationer or parolee is to be supervised by the Department of Public Safety and Corrections or any other agency, the court shall order payment, as a condition of probation or parole, of a monthly supervision fee. The supervision fee imposed shall be not less than ten nor more than one hundred dollars per month and shall be payable to the department or other supervising agency to defray the costs of supervision. These funds are only to supplement the level of funds that would ordinarily be available from regular state or other appropriations.
B. The parent is responsible for payment of any supervision fee imposed and is subject to contempt of court for failure to pay such fees. The parent shall not be subject to judicial sanctions for failure to pay supervision fees if the failure was due to financial inability to pay based upon reasonable expenses for the necessities of life.
Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1995, No. 794, §1.
A. The court shall enter into the record a written judgment of disposition specifying the following:
(1) The nature of the disposition, including the responsibilities of the child, his caretakers, and public providers in securing or providing needed, particularized services for the family members.
(2) The maximum duration of the disposition.
(3) The agency, institution, or person to whom the child is assigned.
(4) How the needed services are to be paid for.
(5) Any other applicable terms and conditions regarding the disposition.
(6) A warning in substantially the following form: "If you do not obey each and every condition and rule of this order, you may be placed in a juvenile shelter or detention facility."
(7) The nature of Families in Need of Services proceedings in accordance with Article 792 and the confidentiality of Families in Need of Services records in accordance with Article 793.
B. If the child is to remain within his family's home, the order shall also reflect the name of the representative of any institution or agency required to provide services who is to be held personally responsible for their provision.
C. An extract of minutes of court specifying the information in Paragraph A of this Article and signed by the court shall be considered a written judgment of disposition.
D. The date of entry of the judgment of disposition shall be recorded on the judgment.
E. A copy of the judgment shall be furnished to all parties.
Acts 1991, No. 235, §7; Acts 1995, No. 1095, §3; Acts 2017, No. 362, §1.
A. As a part of any judgment of disposition assigning a child to custody other than that of the child's parents, the court may, after giving the parent a reasonable opportunity to be heard, order that such parent contribute to the cost of care of the child in an amount commensurate with the parent's ability to pay for such care.
B. When any public agency or institution has provided or will provide payment for care and treatment of the child, the payments by the parent shall be made directly to that public agency or institution and shall, immediately upon receipt, be deposited in the state treasury. In the event of default in the payment of costs of care by the parent, the agency or institution may exercise all administrative and legal alternatives provided by law or regulation to enforce the provisions of this Article.
C. When care and treatment of the child is to be provided by some caretaker other than a public agency or institution, the payments by the parent shall be made according to the court's order. In the event of default in the payment of costs of care by the parent, he may be proceeded against as provided by Chapter 2 or 4 of Title XV, Chapter 1 of Title XIII,* or Title X.
Acts 1991, No. 235, §7.
*AS APPEARS IN ENROLLED BILL. TITLE XIII OF THE CHILDREN'S CODE WAS NOT ENACTED INTO LAW. SEE NOW, GENERALLY, R.S. 14:74 ET SEQ.
A judgment of disposition shall remain in force only until a child reaches his eighteenth birthday. It may expire earlier by its own terms, if it is modified, or if it is vacated.
Acts 1991, No. 235, §7.
If at any point in families in need of services proceedings the child is removed from his caretaker's care and control and placed in the custody of a child care agency, the provisions of Chapters 15 and 16 of Title VI shall govern the subsequent review process until such time as the child achieves a permanent placement as defined by that Title.
Acts 1991, No. 235, §7.
In all cases except a disposition committing the child to the custody of a child care agency, the provisions of this Chapter shall be applicable.
Acts 1991, No. 235, §7.
A. The court may modify a judgment of disposition on its own motion or on the motion of the district attorney, a probation officer, any child of the family, a caretaker, any individual or agency to whom the child's custody has been assigned, or the duly authorized representative of an institution or agency providing services to the family under the court's disposition order.
B. A motion to modify a judgment of disposition to impose less restrictive conditions may be denied without a contradictory hearing. A motion to modify to impose more restrictive conditions may not be granted without a contradictory hearing unless the parties consent.
C. On its own motion or on oral or written motion of a probation officer, the court may modify a judgment of disposition without a contradictory hearing when the conditions of the disposition are sought to be made less restrictive.
D. Except as provided in Paragraph C of this Article, the motion shall be in writing and set forth in plain and concise terms the facts supporting the modification.
Acts 1991, No. 235, §7.
A. A copy of a motion to modify shall be served upon any affected child, his caretaker, the district attorney, the duly authorized representative of any affected institution or agency providing services, and any person, institution, or agency to whom the custody of the child has been assigned.
B. Service shall be in the manner provided for service of the petition.
Acts 1991, No. 235, §7.
A judgment of disposition may be modified if the court finds that the conditions and circumstances justify the modification.
Acts 1991, No. 235, §7.
If a judgment of disposition is modified, a copy of the minute entry reflecting the modification shall be served upon the petitioner, the child, his parent, and any person, institution, or agency to whom custody of the child is assigned.
Acts 1991, No. 235, §7.
A. If there are reasonable grounds to believe that the child has violated the terms of a judgment of disposition, the child may be taken into custody in accordance with Article 735 or 736.
B. If, in addition, there are reasonable grounds to believe that taking the child into custody is necessary for his protection or control or to assure the child's appearance at the contempt hearing, the child may be taken into custody to a secure detention facility in accordance with Article 735 or 736.
C. The peace officer, probation officer, or an appropriate representative of the arresting agency shall have the authority and responsibility to transport the child to such shelter care facility or detention facility.
D. If the child is taken to a shelter care facility or detention facility, there shall be a hearing within twenty-four hours, exclusive of legal holidays, to determine whether:
(1) A judgment of disposition was entered in compliance with Article 782.
(2) Reasonable grounds exist that the child has violated the judgment of disposition.
E. If the requirements of Paragraph D are met, the child may be detained for up to three days pending a hearing on the rule for contempt. This time limitation shall run from the time of the reasonable grounds determination or the taking into custody, whichever is later.
F. A child shall not be detained in a secure juvenile detention facility for any alleged violation of an informal family services plan agreement.
Acts 1995, No. 1095, §3; Acts 1999, No. 1313, §1.
The purpose of this Chapter is to authorize the creation of truancy assessment service centers. Truancy has long been demonstrated nationwide as a primary indicator of a path to juvenile delinquency. Parishes and judicial districts have demonstrated a willingness to address truancy by providing a physical location in each parish where personnel from local schools, law enforcement, courts exercising jurisdiction over juveniles, district attorneys, correction and substance abuse counselors, and family and child-serving agencies can work together in a coordinated effort. Early intervention has been demonstrated as the key to providing the greatest chance for correcting the actions of juveniles who demonstrate a propensity for destructive or criminal behavior. The earliest possible venue for addressing the problem begins in kindergarten. By intervening at this phase, it is possible to correct potential delinquent behavior before the chances for correction become insurmountable. The centers will address the underlying causes of truancy by pooling existing resources targeted at the child and family through appropriate action by service and treatment agencies.
Acts 1999, No. 1372, §1; Acts 2001, No. 745, §1; Acts 2002, 1st Ex. Sess., No. 24, §1; Acts 2003, No. 277, §1; Acts 2003, No. 377, §1; Acts 2004, No. 570, §1; Acts 2007, No. 169, §1, eff. June 27, 2007; Acts 2023, No. 387, §1, eff. June 14, 2023.
Duly authorized representatives of the school board; law enforcement including the sheriffs' offices and city and municipal police offices; courts exercising jurisdiction over juveniles and their parents and guardians; and offices of the district attorney, corrections and designated service providers shall sign interagency agreements specific to each parish which represents a commitment by each entity to agree to provide the following types of services:
(1) School boards and their systems in general will assist child welfare and attendance officers in creating student background data, including attendance records, unexcused absences, conduct violations, discipline records, report cards, and transcripts as permitted by law. School systems will also provide access to all school-based education, counseling, and related services.
(2) Law enforcement agencies in a parish, including the sheriff and municipal and local police, generally will provide selective transportation of youth to the centers and in-kind service identification of truants through regular law enforcement operations and provide for a presence at a center.
(3) Families in need of services personnel will work in partnership with the child welfare and attendance officers to monitor client progress, file all petitions in the cases of noncompliance of the plan for court appearance, and coordinate other services.
(4) Courts having jurisdiction over juveniles and their families will work with collaborating agencies to identify youth and monitor treatment plan progress and, to the degree possible, assist the center in obtaining and utilizing a continuum of services and sanctions for identified youth. The courts in conjunction with the district attorneys will direct formal court action on noncompliance cases and integrate the needs of truant youth with existing drug treatment court programs.
(5) Through multiagency collaborative efforts between various community service organization services, there will be a unified effort to provide services related to child abuse and neglect to identified youth. Service and treatment plans will be developed, including mental health evaluation and treatment; with parental substance abuse evaluation and treatment, educational evaluation, probation services, and alternative school placement and guidance.1
(6) The various offices of the district attorneys will designate prosecutors to work with the district and juvenile courts to develop and implement a coordinated effort to deal with truants and their families early in their court involvement and assist with data follow-up and outcome evaluation. Additionally, the offices of the district attorneys, if necessary, will institute charges that may be levied against the family when they are noncompliant with the service plan.
Acts 1999, No. 1372, §1; Acts 2001, No. 745, §1; Acts 2007, No. 169, §1, eff. June 27, 2007.
1As appears in enrolled bill.
A. The state recognizes that juvenile crime is a statewide problem which is increasing and which adversely affects all its citizens starting with the child and family. In metropolitan areas of the state, juvenile courts report that almost all of its families under the Families in Need of Services program involve school-related issues and the overwhelming majority are truant cases involving children below the age of twelve. "Out-of-school" suspension rates in elementary schools are comparable to those of middle and junior high schools.
B. The state is obligated to provide certain social and health care services to needy families through the Department of Children and Family Services and the Louisiana Department of Health. These services for assessment and psychiatric evaluation and treatment, if deemed needed, must be continued. The state substance abuse clinics, through its employees and contracted programs, shall accept referrals for substance abuse evaluation and treatment if warranted. The legislature recognizes that each parish included in this Chapter has committed through binding interagency agreements to provide certain enumerated services, including providing physical space. This commitment by the parishes is predicated on financial assistance from the state in order to fully comply with the creation of truancy assessment service centers. Additionally, in order to support each truancy assessment service center with sufficient services pursuant to this Chapter, the state will continue to provide social and health-related services where available.
Acts 1999, No. 1372, §1; Acts 2023, No. 387, §2, eff. June 14, 2023.
A. In order to determine the effectiveness of the program, the Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall develop and implement a monitoring and evaluation program subject to state funding.
B. The commission may also develop and implement a monitoring and evaluation program for all parishes with truancy assessment service centers subject to state funding.
Acts 1999, No. 1372, §1; Acts 2001, No. 745, §1; Acts 2004, No. 570, §1; Acts 2007, No. 169, §1, eff. June 27, 2007; Acts 2023, No. 387, §1, eff. June 14, 2023.
A. The Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall report statistical data indicating the effectiveness of this program to the Joint Legislative Committee on the Budget for use by the committee in consideration of continuation or expansion of the program.
B. The provisions of this Chapter with respect to any parish which has a truancy assessment service center shall be operational subject to appropriation by the legislature to the commission.
C. The commission may use appropriated funds to provide for the reasonable costs of administering the provisions of this Chapter and to provide funding for the local truancy assessment service centers.
Acts 2001, No. 745, §1; Acts 2004, No. 570, §1; Acts 2007, No. 169, §1, eff. June 27, 2007; Acts 2023, No. 387, §1, eff. June 14, 2023.
Families in Need of Services proceedings are civil in nature, and actions taken pursuant to this Title, including taking into custody and detention, shall not be considered juvenile delinquency or criminal matters.
Acts 2017, No. 362, §1.
A. The confidentiality of Family in Need of Services records, including the existence of such records, shall be preserved and shall not be disclosed by any record custodian without the consent of the child or order of the court in accordance with Article 412.
B. Records and reports concerning any Families in Need of Services matter shall not be identified, maintained, or otherwise handled by the court or by any other agency or person as a juvenile delinquency or criminal matter.
Acts 2017, No. 362, §1.
The purpose of this Article and Articles 793.2 through 793.4 is to authorize the creation of early intervention programs, hereinafter referred to as the "program", in the parishes of East Baton Rouge, Iberia, St. Mary, and St. Martin. The purpose of the program shall be to address the underlying causes of behavioral problems and school performance problems related to behavior by pooling existing resources targeted at the child and family through appropriate action by service and treatment providers. The legislature finds:
(1) Research indicates that early identification and intervention of aggressive, antisocial, or delinquent behaviors are critical to the prevention of juvenile delinquency in later years.
(2) Research also indicates that school-based preventive tactics for violent or aggressive behaviors are beneficial to the overall academic success of children, especially when such programs include parental involvement in prevention and intervention strategies.
(3)(a) The district attorney of Iberia, St. Mary, and St. Martin parishes, in conjunction with the local school boards in such parishes, has demonstrated a willingness to address behavioral problems or school performance problems related to behavior by providing physical locations in each parish where personnel can work together in a coordinated effort.
(b) The district attorney of East Baton Rouge Parish, in conjunction with the local school boards in such parish, has demonstrated a willingness to address behavioral problems or school performance problems related to behavior by providing physical locations in the parish where personnel can work together in a coordinated effort.
(4) Early intervention has been demonstrated as the key to providing the greatest chance for correcting the actions of youth who demonstrate a propensity for destructive or criminal behavior.
(5) The earliest possible venue for addressing the problem begins in the elementary grades.
(6) By intervening at this phase, it is possible to correct potential delinquent behavior before the changes for correction become insurmountable.
Acts 2004, No. 852, §1, eff. July 12, 2004; Acts 2009, No. 132, §1, eff. June 25, 2009; Acts 2014, No. 479, §1.
Duly authorized representatives of the local school board, law enforcement agencies, including sheriffs' offices and city and municipal police offices, courts exercising jurisdiction over juveniles and their caretakers, and designated service providers shall sign interagency agreements specific to each parish representing a commitment by each entity to agree to provide the following types of services:
(1) The local school board in the parish shall assist in creating student background data, including attendance records, unexcused absences, conduct violations, discipline records, report cards, and transcripts as permitted by law. The board also shall provide access to all school-based education, counseling, and related services.
(2) Law enforcement agencies in the parish, including the sheriff and municipal and local police, shall provide law enforcement necessary to assist the program to reach its goals. These services shall include but shall not be limited to the following:
(a) Supporting early intervention in the implementation of strategies that combat behavioral problems in the school setting.
(b) Delivering court appearance notices and subpoenas.
(c) Accompanying early intervention staff on home visits when needed.
(3) Families in need of services personnel shall work in partnership with the early intervention staff when clients are referred to the families in need of services program. Case plans shall be reviewed with families in need of services personnel and early intervention staff and client progress shall be monitored. Families in need of services personnel shall file all petitions in the event of noncompliance of a plan, and provide with respect to court appearances and the coordination of other services.
(4) Courts having jurisdiction over children and their families shall work with collaborating agencies to identify youth and monitor treatment plan progress and, when possible, assist program staff in obtaining and utilizing a continuum of services and sanctions for identified youth. The courts, in conjunction with the district attorneys, shall direct formal court action on noncompliance cases and integrate the needs of at-risk families with existing court programs and services.
(5) Through multiagency collaborative efforts between various community service organizations, there shall be a unified effort to provide services related to child abuse and neglect to identified youth. Service and treatment plans shall be developed, including mental health evaluation and treatment, with parental substance abuse evaluation and treatment, educational evaluation, probation services, and alternative school placement and guidance.
(6) The district attorney shall designate prosecutors to work with the courts to assist at-risk families early in their court involvement and assist with data follow-up and outcome evaluation. Additionally, the district attorney, if necessary, shall institute charges that may be levied against the family when they are noncompliant with the service plan.
Acts 2004, No. 852, §1, eff. July 12, 2004; Acts 2009, No. 132, §1, eff. June 25, 2009.
A. No later than June fifteenth of each year, the district attorney shall report statistical data indicating the effectiveness of the program to the appropriate standing committees of the legislature for use by the committees in consideration of expansion of the program.
B. The program shall be implemented with fidelity to the Sixteenth Judicial District prosecutor's Early Intervention Program model, in three phases as follows:
(1) Phase one shall be implemented in grades pre-kindergarten through six.
(2) Phase two shall be implemented in grades seven and eight.
(3) Phase three shall be implemented in grades nine through twelve.
C. All children who enroll in a public school within the Sixteenth Judicial District or the Nineteenth Judicial District in grades pre-kindergarten to sixth shall be required to follow all compulsory attendance requirements in R.S. 17:221 et seq. and all families in need of services provisions in Children's Code Article 726 et seq.
D. The implementation of this program may be subject to appropriation of funds by the legislature for such purpose.
E. Repealed by Acts 2009, No. 132, §2, eff. June 25, 2009.
Acts 2004, No. 852, §1, eff. July 12, 2004; Acts 2009, No. 132, §§1, 2, eff. June 25, 2009; Acts 2014, No. 479, §1; Acts 2015, No. 203, §1.
A. In all criminal matters except for matters involving traffic violations in the parishes of East Baton Rouge, Iberia, St. Mary, and St. Martin, there shall be taxed against every defendant who is convicted after trial or after a plea of guilty or nolo contendere or who forfeits his bond, a sum in the amount of twenty-five dollars for each misdemeanor and fifty dollars for each felony, which shall be in addition to all other fines, costs, or forfeitures lawfully imposed, and which shall be transmitted to the sheriff of the respective parish for further disposition in accordance with the provisions of this Article.
B.(1) The sheriff of the respective parish in the Sixteenth Judicial District shall deposit all sums collected or received pursuant to this Article in a separate account to be designated as the Sixteenth Judicial District Attorney Early Intervention Fund.
(2) The sheriff of East Baton Rouge Parish shall deposit all sums collected or received pursuant to this Article in a separate account to be designated as the Nineteenth Judicial District Attorney Early Intervention Fund.
C. The sheriff shall remit on a quarterly basis funds collected in such account to the office of the district attorney of the respective parish.
D. The district attorney shall cause to be conducted on an annual basis an audit of the fund and the books and accounts relating thereto and shall file such audit information with the office of the legislative auditor where it shall be available for public inspection.
E. In matters involving any court other than the district court, the clerk of court or the appropriate court personnel shall remit the money to the sheriff of the respective parish.
Acts 2004, No. 852, §1, eff. July 12, 2004; Acts 2014, No. 479, §1.
The purpose of this Title is to accord due process to each child who is accused of having committed a delinquent act and ensure that he shall receive, preferably in his own home, the care, guidance, and control that will be conducive to his welfare and the best interests of the state and that in those instances when he is removed from the control of his parents, the court shall secure for him care as nearly as possible equivalent to that which the parents should have given him.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 430, §2; Acts 2018, No. 467, §2.
Except as otherwise specified in this Title, all provisions of the Children's Code remain applicable.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
The provisions of this Title shall govern and regulate delinquency proceedings of courts exercising juvenile jurisdiction. Where procedures are not provided in this Title, or otherwise by this Code, the court shall proceed in accordance with the Code of Criminal Procedure.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
As used in this Title:
(1)(a) Before March 1, 2019, and on or after April 19, 2024, "child" means any person under the age of twenty-one, including an emancipated minor, who commits a delinquent act before attaining seventeen years of age.
(b) From March 1, 2019, and until June 30, 2020, "child" means any person under the age of twenty-one, including an emancipated minor, who commits a delinquent act on or after March 1, 2019, until June 30, 2020, when the act is not a crime of violence as defined in R.S. 14:2 and occurs before the person attains eighteen years of age.
(c) From July 1, 2020, until April 19, 2024, "child" means any person under the age of twenty-one, including an emancipated minor, who commits a delinquent act on or after July 1, 2020, until April 19, 2024, and before the person attains eighteen years of age.
(2) "Child care institution" means a nonprofit, licensed private or public institution which accommodates no more than twenty-five children and which is not a detention facility, a forestry camp, a training school, or any other facility operated primarily for the detention of children who are determined to be delinquent.
(3) "Delinquent act" means an act committed by a child of ten years of age or older which if committed by an adult is designated an offense under the statutes or ordinances of this state, or of another state if the offense occurred there, or under federal law, except traffic violations. It includes an act constituting an offense under R.S. 14:95.8, an act constituting an offense under R.S. 14:81.1.1(A)(2), and a direct contempt of court committed by a child. "Delinquent act" shall not include a violation of R.S. 14:82, 83.3, 83.4, 89, or 89.2 for a child who, during the time of the alleged commission of the offense, was a victim of trafficking of children for sexual purposes pursuant to R.S. 14:46.3(E).
(4) "Delinquent child" means a child who has committed a delinquent act.
(5) "Felony-grade delinquent act" means an offense that if committed by an adult, may be punished by death or by imprisonment at hard labor. "Felony-grade delinquent act" shall not include a violation of R.S. 14:82, 83.3, 83.4, 89, or 89.2 for a child who, during the time of the alleged commission of the offense, was a victim of trafficking of children for sexual purposes pursuant to R.S. 14:46.3(E).
(6) "Insanity" means a mental disease or mental illness which renders the child incapable of distinguishing between right and wrong with reference to the conduct in question, as a result of which the child is exempt from criminal responsibility.
(7) "Mental incapacity to proceed" means that, as a result of mental illness or developmental disability, a child presently lacks the capacity to understand the nature of the proceedings against him or to assist in his defense.
(8) "Misdemeanor-grade delinquent act" means any offense which if committed by an adult is other than a felony and includes the violation of an ordinance providing a penal sanction.
(9) "Sexually exploited child" means any person under the age of eighteen who has been subject to sexual exploitation because the person:
(a) Is a victim of trafficking of children for sexual purposes under R.S. 14:46.3.
(b) Is a victim of child sex trafficking under 18 U.S.C. 1591.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2004, No. 485, §1, eff. Jan. 1, 2005; Acts 2010, No. 594, §1; Acts 2010, No. 993, §1; Acts 2012, No. 446, §6; Acts 2013, No. 429, §3, eff. June 24, 2013; Acts 2016, No. 501, §2, eff. June 14, 2016; Acts 2018, No. 654, §1, eff. June 1, 2018; Acts 2024, 2nd Ex. Sess., No. 13, §1, eff. April 19, 2024.
A. A delinquency proceeding shall be commenced in the parish in which the offense complained of took place. The juvenile court shall conduct the adjudication hearing and may also conduct the disposition hearing unless it decides to transfer the case as provided for in Paragraph B of this Article.
B. Upon motion of the district attorney, the child, or upon the court's own motion, after the confection of an informal adjustment agreement or an adjudication that the child is delinquent, the court may transfer the proceeding to the parish in which the child is domiciled.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
When a petition is filed in a court of improper venue, on the court's own motion or upon written motion of a party and after contradictory hearing, the court may dismiss the petition or transfer the proceedings to a court of proper venue.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. A request for change of venue must be made by written motion of the district attorney or the child, sworn to by mover or his counsel, before jeopardy begins. The motion shall contain allegations of facts upon which the motion is based and a statement that the motion is not made for the purpose of delay but to obtain a fair and impartial trial. The motion must be resolved after a contradictory hearing unless waived by the district attorney and the child.
B. A change of venue shall be granted if the court finds that, because of undue influence of an adverse party, prejudice existing in the public mind, or for any other reason, a fair and impartial trial cannot be obtained. The court shall consider whether the reasons are such that they will effect the testimony of witnesses at the trial.
C. The court may order a change of venue in accordance with Articles 623 through 627 of the Code of Criminal Procedure, except that the proceedings may be transferred to any parish.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
All rights guaranteed to criminal defendants by the Constitution of the United States or the Constitution of Louisiana, except the right to jury trial, shall be applicable in juvenile court proceedings brought under this Title.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. At every stage of proceedings under this Title, the accused child shall be entitled to the assistance of counsel at state expense. The court shall appoint counsel or refer the child for representation by the district public defender.
B. If a parent secures the services of retained counsel, the court-appointed counsel or public defender shall continue to represent the child until retained counsel has enrolled as counsel of record.
C. No child shall be admitted in accordance with this Title to a public or private mental institution or institution for persons with mental illness nor shall proceedings in accordance with Chapter 7 of this Title or Article 869 go forward unless he has been represented by retained private counsel who represents only the child's interest or by an attorney from the Mental Health Advocacy Service, unless its executive director has determined that its attorneys are unavailable. Any attorney from the Mental Health Advocacy Service so appointed shall continue to represent the child in any proceeding relating to admission, change of status, or discharge from the mental hospital or psychiatric unit. Upon modification of the disposition to placement other than a mental hospital or psychiatric unit, the Mental Health Advocacy Service's attorney shall be relieved of representation of the child upon request of the Mental Health Advocacy Service or the child.
D. If the court finds that the interests of the child and his parent or caretaker conflict, or if required in the interests of justice, the court shall appoint an attorney to represent the child or refer him for representation by the district public defender.
E. The clerk of court shall promptly send notice of appointment to any attorney appointed in accordance with this Article.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2004, No. 776, §1; Acts 2006, No. 266, §1; Acts 2007, No. 307, §9; Acts 2010, No. 593, §1; Acts 2014, No. 811, §33, eff. June 23, 2014.
A. The court may allow a child to waive the assistance of counsel if the court determines that all of the following exists:
(1) The child has consulted with an attorney, parent, or, if no parent, a caretaker as defined in Children's Code Article 728.
(2) That both the child and the adult consulting with the child as provided in Subparagraph (A)(1) of this Article have been instructed by the court about the child's rights and the possible consequences of waiver.
(3) That the child is competent and is knowingly and voluntarily waiving his right to counsel.
B. Such waiver may be accepted at any stage in the proceedings and shall be evidenced by a writing reciting the requirements contained in Paragraph A of this Article and signed by the child and the adult consulting with the child and filed in the record or by a verbatim transcript of the proceedings which demonstrates compliance with Paragraph A of this Article.
C. The court shall appoint an attorney in any case in which the interests of the child and the adult consulting with the child conflict or whenever appointment of counsel is otherwise required in the interests of justice.
D. The child shall not be permitted to waive assistance of counsel in the following circumstances:
(1) In proceedings in which it has been recommended to the court that the child be placed in a mental hospital, psychiatric unit, or substance abuse facility, nor in proceedings to modify said dispositions.
(2) In proceedings in which he is charged with a felony-grade delinquent act.
(3) In probation or parole revocation proceedings.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2004, No. 776, §1.
When a child enters a denial to the petition, jeopardy begins when the first witness is sworn at the adjudication hearing. When he enters an admission to the petition, jeopardy begins when a valid disposition is made the judgment of the court.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. The juvenile court, district attorneys, and law enforcement agencies shall provide the following services to victims of alleged delinquent acts, providing the victim reported the act to law enforcement authorities within seventy-two hours of its occurrence or discovery, unless extenuating circumstances exist for later reporting:
(1) The district attorney shall, whenever practical, inform the victim or his legal representative of judicial proceedings relating to their case including:
(a) The taking into custody of the alleged delinquent.
(b) Adjudication hearings and disposition hearings relating to the alleged delinquent.
(c) The release pending adjudication after a continued custody hearing whenever an alleged delinquent is accused of a violent offense, such as attempted murder, rape, or a crime against another child.
(2) The district attorney shall, whenever practical, notify the victim or his legal representative if a court proceeding to which he has been subpoenaed will not go on as scheduled, in order to save the person an unnecessary trip to court.
(3) The district attorney shall notify the victim or his legal representative whenever he is notified that a child accused of a violent offense such as attempted murder, rape, or a crime against another child, has escaped from lawful confinement or has been released in accordance with Chapter 6 of this Title, and whenever a child committed to the Department of Public Safety and Corrections has escaped or has been released from a secure institution. The district attorney shall also inform the victim that the sheriff shall provide information relative to victim assistance.
(4) The sheriff shall inform the victim or his legal representative of financial assistance, fees, or other social services available as a result of being a victim of a crime, including information on how to apply for the financial assistance and services.
(5) The court should provide, whenever possible, a secure waiting area during court proceedings that does not require victims and their legal representatives to be in close proximity to accused children and their families and friends. The juvenile court shall provide a secure waiting area in cases involving violent crime. The victim, or the designated member of the victim's family in a case involving homicide or injury to a minor, shall have the right to be present at all court proceedings and, whenever practical, be allowed to observe the proceedings by simultaneous transmission through audiovisual equipment, if such technology is available in the courtroom.
(6) All judicial and law enforcement agencies shall expeditiously return any stolen or other personal property to victims when no longer needed as evidence.
(7) The appropriate law enforcement agency shall ensure that the victim receives emergency, social, and medical services as soon as possible. The appropriate law enforcement agency shall also distribute to the victim, or to the family of a homicide victim, a crime victim's brochure prepared by the Crime Victims Reparations Board as provided in R.S. 46:1844(T), and supplemented as necessary by the district attorney with victim information specific to the parish in which the delinquent act is alleged to have occurred, as provided in R.S. 46:1844(A).
(8) All law enforcement agencies shall provide a private setting for all interviewing of victims of crime. "Private setting" shall mean an enclosed room from which the occupants are not visible or otherwise identifiable and whose conversations cannot be heard from outside such room. Only those persons directly and immediately related to the interviewing of the victim, specifically the victim, a social worker, psychologist, or other professional, the victim advocate designated by the sheriff's office, or a representative from a not-for-profit victim service organization, including but not limited to rape crisis centers, domestic violence advocacy groups, and alcohol abuse or substance abuse groups providing emotional support to the victim, shall be present, unless the victim requests the exclusion of such person from the interview, and, where appropriate, the parent or parents of the victim.
(9) The victim or the family of the victim shall have the right to retain counsel to confer with law enforcement and judicial agencies on the disposition of the victim's case. The prosecutor, in accordance with the provisions of Code of Criminal Procedure Article 63, may confer with the counsel retained by the victim or victim's family in the prosecution of the case.
(10) The district attorney shall, whenever practical, consult the victim or the designated member of the victim's family in the case of homicide or injury to a minor in order to obtain their view regarding:
(a) The disposition of the delinquency case by dismissal, plea bargaining, or adjudication hearing.
(b) The use of available disposition alternatives such as placement in secure detention, probation, community service, and the payment of restitution to the victim.
(11) The victim or a member of the victim's family may file a victim notice form as provided in R.S. 46:1842. Upon filing of a victim notice form by a victim or a family member, it shall be the duty of the Department of Public Safety and Corrections to notify the victim or family member by certified mail of appeal or release at the time of such appeal, discharge, or parole of a delinquent named in that form. Such form shall be included in the delinquent's commitment documents to be delivered to the state training facility where such delinquent has been confined or transferred.
(12) The victim or witness who so requests shall be assisted by judicial and law enforcement agencies in informing employers that the need for victim and witness cooperation in the prosecution of the case may necessitate absence of the victim or witness from work.
B. The family members of all homicide victims shall be afforded all of the rights under this Article accruing to victims. Communication with the appropriate law enforcement or judicial agencies concerning the rights of the victim's family members shall be made through a designated family member. A designated family member is a member of the victim's family designated by a majority of the victim's family members to make such communications.
C. No order or disposition shall be invalidated because of failure to comply with the provisions of this Article.
D. The juvenile court, the district attorney, the sheriff, and law enforcement agencies are exempt from the requirements of this Section in any case in which either:
(1) The victim has failed to provide a current address.
(2) The victim refuses the services offered.
E. Nothing in this Article shall be construed as creating a right of appeal on behalf of any person nor as creating a cause of action on behalf of any person against any public employee, office, or department responsible for the provision of services set forth in this Article.
F.(1) In order to protect the identity and provide for the safety and welfare of juvenile crime victims under the age of eighteen years, all public officials and officers and public agencies, including but not limited to all law enforcement agencies, sheriffs, district attorneys, judicial officers, clerks of court, and the Department of Children and Family Services or any division thereof, shall not publicly disclose the name, address, or identity of a juvenile victim of crime who at the time of the commission of the offense is under eighteen years of age. The public disclosure of the name of the juvenile crime victim by any public official or officer or public agency is not prohibited by this Subparagraph when the crime resulted in the death of the victim.
(2) Notwithstanding any other provision of law to the contrary, all public officials, officers, and public agencies, including but not limited to all law enforcement agencies, sheriffs, district attorneys, judicial officers, clerks of court, and the Department of Children and Family Services or any division thereof, charged with the responsibility of knowing the name, address, and identity of juvenile crime victims as a necessary part of their duties shall have full and complete access to this information regarding a juvenile crime victim, and they may lawfully utilize initials, abbreviations, or other forms of indefinite descriptions on all public documents used in the performance of their duties to whatever extent they deem necessary, to prevent the public disclosure of the name, address, or identity of a juvenile victim of crime under the age of eighteen years.
G. Repealed by Acts 2023, No. 448, §2, eff. Jan. 1, 2024.
Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1995, No. 522, §1; Acts 1995, No. 835, §1; Acts 1997, No. 732, §2; Acts 2003, No. 5, §2; Acts 2005, No. 74, §1; Acts 2023, No. 448, §§1, 2, eff. Jan. 1, 2024.
A. All courts exercising juvenile jurisdiction may levy a special cost in an amount not to exceed fifteen dollars against any juvenile defendant, other than an indigent, who is found to have committed a traffic violation resulting in injury or property loss, or who pleads guilty to or is adjudicated convicted of a juvenile offense. Such cost shall be in addition to any fine, clerk's fees or costs, or any other fees or costs provided by law.
B. The clerk of court shall remit two-thirds of the sums collected or received pursuant to this Article for deposit in a special account which is hereby designated as the Victims of Juvenile Crime Compensation Fund. The fund shall be used to compensate victims of juvenile crimes who do not otherwise receive restitution or reparation. The judges of the courts exercising juvenile jurisdiction shall have control over the fund and disbursements made therefrom. The judges shall cause to be conducted annually an audit of the fund and the books and accounts relating thereto and shall file the same with the office of the legislative auditor, where it shall be available for public inspection.
C. The judges shall provide by court rule for the collection, administration, and distribution of the fund in order to implement the purpose of this Article. However, no amount greater than five hundred dollars shall be disbursed from the fund to any one claimant.
D. The clerk of court shall remit one-third of the total sums collected or received pursuant to this Article monthly to the Crime Victims Reparations Fund as provided in R.S. 46:1801 et seq.
Acts 1993, No. 634, §1, eff. June 15, 1993.
In this Chapter:
(1) "Juvenile crime victim" means a person under the age of eighteen against whom a delinquent act has been committed.
(2) "Victim" means a person against whom an offense that is a delinquent act has been committed.
(3) "Victim's family" means the spouse, child, stepchild, sibling, parent, grandparent, guardian, legal custodian, or legal representative of the victim, except when the person is in custody for an offense or is the defendant.
Acts 1995, No. 522, §1; Acts 1995, No. 835, §1; Acts 1997, No. 732, §2; Acts 2022, No. 271, §8; Acts 2023, No. 448, §1, eff. Jan. 1, 2024.
A. A child may be taken into custody pursuant to an order of the court under this Title or pursuant to the laws governing arrest.
B. The taking of a child into custody is not an arrest, except for the purpose of determining its validity under the Constitution of the United States or the Constitution of Louisiana.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. The court may issue an order directing that a child be taken into custody upon presentation to the court of a written statement of facts sworn to before an officer authorized by law to administer oaths, by a peace officer, probation officer, district attorney, or other person designated by the court alleging facts showing that there is probable cause to believe either that:
(1) The child has committed a delinquent act.
(2) The child has violated the terms of his probation or otherwise has violated the terms of his release.
B. The verified complaint shall be filed with the clerk of court. If it is filed after the child has been taken into custody, the complaint shall indicate whether the child was released to his parents or continued in custody.
C. An order directing that a child be taken into custody may be executed by a peace officer or the child's probation officer having territorial jurisdiction over the child. The officer shall promptly notify the child's parents that their child has been taken into custody. The officer shall also promptly conduct the child to the appropriate facility in accordance with Article 815.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1995, No. 1158, §1.
A. A child may be taken into custody without a court order or warrant by a peace officer or probation officer if the officer has probable cause to believe that the child has committed a delinquent act. When the officer has probable cause to believe that the child has committed a delinquent act, the officer, in lieu of taking the child into custody, may issue a verbal warning to the child.
B. If a child is taken into custody without a court order or warrant, the officer shall have the responsibility to either:
(1) Counsel and release the child to the care of his parents upon their written promise to bring the child to court at such time as may be fixed by the court.
(2) Follow the appropriate procedures set forth in Article 815.
C. If the officer does not release the child to the care of his parents, the officer shall promptly notify the child's parents that he has been taken into custody.
D. The officer shall immediately execute a written statement of facts, sworn to before an officer authorized by law to administer oaths, supporting the existence of probable cause to believe either that the child committed a delinquent act or that the child has violated the terms of his probation or otherwise has violated the terms of his release. This affidavit shall be submitted to the juvenile court. Within forty-eight hours after the child has been taken into custody, including legal holidays within the time computation, the court shall review the affidavit, and if it determines that probable cause exists, the child shall be held for a continued custody hearing pursuant to Article 819. If the court determines that probable cause does not exist, the child shall be released from custody. The provisions of this Paragraph shall not be construed to require the officer who executed the written statement to personally appear in court for any determination of probable cause in connection with the child being taken into custody.
E. The officer shall submit a report to the district attorney or an officer designated by the court to receive such reports. The report shall include:
(1) The name, address, date of birth, sex, and race of the child.
(2) The name and address of the parents, or spouse, if any, of the child.
(3) A plain and concise statement of the facts and circumstances of the officer's taking the child into custody.
(4) A plain and concise statement of facts and circumstances showing probable cause that the child committed a delinquent act.
(5) A statement indicating whether the child was released, or escorted to a juvenile detention center, or placed in a shelter care facility.
F. If the child is released pursuant to Paragraph B or D of this Article, the report shall be submitted by the officer within seven days from the child's release. If the child is not so released, the report shall be submitted within twenty-four hours of the child being taken into custody.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1995, No. 1158, §1; Acts 2008, No. 293, §1; Acts 2019, No. 147, §1.
A.(1) The peace officer or an appropriate representative of the arresting agency shall have the authority and responsibility to transport the child to the appropriate place of detention as specified in this Article, unless the child has been released to the care of his parents pursuant to Article 814(B)(1). Beginning July 1, 2020, a detention screening instrument shall be administered to the child prior to transportation of the child to the appropriate place of detention or upon the child's arrival at the appropriate place of detention, unless it cannot be completed at that time. If the detention screening instrument cannot be completed prior to the child's transportation to the appropriate place of detention or upon the child's arrival at the appropriate place of detention, the detention screening instrument shall be completed as soon as possible after the child has been admitted into the detention center. Reasonable efforts shall be made to administer the instrument at the earliest possible time.
(2) The detention screening instrument shall include, but need not be limited to, consideration of the following factors:
(a) The current offense for which the child was taken into custody.
(b) The child's history of prior delinquent acts.
(c) The child's history of failure to appear.
(d) The child's history of being a runaway.
(e) Any mitigating and aggravating circumstances.
(3) When the child is detained prior to the completion of the detention screening instrument, the results of the detention screening instrument shall be communicated to the court promptly upon its completion.
B. Except as provided in Paragraph E of this Article, if the child has been taken into custody for the commission of a felony-grade delinquent act or of a misdemeanor-grade delinquent act based upon an offense against the person of another, the child may be taken to a juvenile detention center and the procedures regarding the administration of the detention screening instrument set forth in Paragraph A of this Article shall apply.
C. Except as provided in Paragraph E of this Article, for the commission of any other misdemeanor-grade delinquent act, the child may be taken to a juvenile detention center or shelter care facility or released to a parent or guardian upon the written promise of the parent or guardian to bring the child to court pursuant to Article 814. If the child is not released to a parent or guardian, the officer shall follow the procedures set forth in Paragraph A of this Article.
D. The governing authority of the parish or municipality requesting placement of a juvenile in either a regional detention center or a shelter care facility shall be responsible to the regional detention center or shelter care facility for the cost of confinement in accordance with a schedule which may be adopted by the regional detention center or shelter care facility.
E. No child under the age of thirteen shall be detained in a juvenile detention center after being taken into custody for the alleged commission of a misdemeanor-grade delinquent act.
F. If a juvenile detention center is not available, a juvenile may be held in an adult jail or lockup for purposes of and only as long as necessary to complete identification or processing procedures or while awaiting transportation, but not to exceed six hours. However, in nonmetropolitan areas, the juvenile may be held for up to forty-eight hours if all of the following occur:
(1) The juvenile is accused of a nonstatus offense.
(2) A continued custody hearing in accordance with Articles 820 and 821 is held within forty-eight hours after his arrest.
(3) There is no acceptable alternative placement to the jail or lockup in which the juvenile is being held.
(4) The sheriff or the administrator of the adult jail or lockup has certified to the court that facilities exist that provide for sight and sound separation of the juvenile from adult offenders and the juvenile can be given continuous visual supervision while placed in the jail or lockup.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 818, §1; Acts 1995, No. 1158, §1; Acts 1999, No. 1356, §1, eff. July 12, 1999; Acts 2004, No. 120, §1; Acts 2016, No. 499, §2; Acts 2019, No. 147, §1; Acts 2023, No. 445, §1, eff. June 28, 2023.
A. Each judicial district or parish may develop a program or programs to serve as alternatives to secure detention of a child. Such program shall be used only for a child taken into custody for the commission of a delinquent act who is not released pursuant to Article 814.
B. An alternative to detention program may be operated either by a nonprofit or government entity.
C. There shall be no fees associated with participation in an alternative to detention program. Funding may be provided by any source, including through a contract with the office of juvenile justice. Any program funded by the office of juvenile justice shall comply with any requirements established by the office of juvenile justice for the purpose of receiving and retaining such funding.
D. An alternative to detention program shall be considered a form of detention and the time periods set forth in Articles 854 and 877 shall apply unless waived by the child. No child shall remain enrolled in an alternative to detention program following a disposition hearing, except as an alternative to placement in detention or other out-of-home placement.
E. An alternative to detention program is intended to serve the same limited purpose as secure detention as set forth in R.S. 15:1110. The child's participation in an alternative to detention program shall not be considered an adjudication nor shall it suspend delinquency proceedings. An alternative to detention program may include rehabilitative components, but continued participation in the program shall not be required post-adjudication, except as an alternative to detention of the child or other out-of-home placement. Placement of a child in an alternative to detention program does not preclude the child from being referred to treatment programs that are not required as a condition of the child's release from detention.
Acts 2019, No. 147, §1.
A. Every juvenile detention center shall maintain a permanent record of certain information as to each child received. The record shall include:
(1) The child's name, age, sex, race, and address.
(2) The reason the child is being taken into custody.
(3) The date and time of the child's entry into and exit from the juvenile detention center.
(4) The name of the officer and the law enforcement agency employing the officer who brings the child to the juvenile detention center.
B. The record in which such information is kept shall not be open for public inspection. Peace officers, probation officers, counsel representing the child, the district attorney, persons collecting statistical information, and authorized officers of the court shall have access to the record.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
A. As soon as practicable after a child is received by a juvenile detention center or shelter care facility, the court or an individual or entity authorized by the court to make the determination, shall, upon determining it to be appropriate, release the child to the care of his parents or other relatives upon their written promise to bring him to court at such times as may be fixed by the court. The court may also impose reasonable restrictions upon the child's travel, place of abode, association with other people, or employment during the period of this release.
B. If the court finds that these conditions are insufficient to assure the presence of the child at later proceedings, the court may require the posting of bail in accordance with Chapter 6 of this Title.
C. If the court finds that release under neither Paragraph A or B of this Article is appropriate, it may authorize the continued custody of a child pending a hearing in accordance with Chapter 5 of this Title.
D. If custody is continued, an appropriate representative of the arresting agency shall be responsible for transporting the child to the adjudication or dispositional hearing, or both, and transporting the child back to the juvenile detention center or to such state or local facility as determined by the court through its order or judgment or disposition.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2019, No. 147, §1.
A. A child may be photographed or fingerprinted in connection with being taken into custody for the commission of either:
(1) A felony-grade delinquent act.
(2) A misdemeanor-grade delinquent act.
B. Upon motion of the district attorney, the court in its discretion can order any child to submit to other reasonable identification procedures, such as to provide handwriting exemplars or to stand in a lineup.
C. Fingerprints and photographs taken pursuant to Paragraph A of this Article shall be maintained and indexed separately from those of adults. They shall be made available only to law enforcement and correctional agencies for purposes related to their official functions. Fingerprints taken pursuant to Paragraph A of this Article shall be submitted to the central fingerprint repository maintained by the Louisiana Bureau of Criminal Identification and Information as specified under R.S. 15:590 et seq., and to the fingerprint repository, if any, maintained by the local law enforcement agency.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 1078, §1; Acts 2008, No. 641, §1; Acts 2009, No. 158, §1.
If a child is not released to the care of his parents, the court shall set and hold a hearing within three days after the child's entry into the juvenile detention center or shelter care facility. The three-day period includes any day that is included as a legal holiday under Article 114. When the last day of the three-day period is a legal holiday, the hearing shall be set and held on the next business day that is not a legal holiday. If the hearing is not held, the child shall be released unless the hearing is continued at the request of the child.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2019, No. 310, §1.
At the continued custody hearing, the state shall prove that there is probable cause that the child has committed a delinquent act or has violated a condition of his probation or release.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
A. At the outset of the continued custody hearing, if not before, the court shall advise the child of his rights to counsel pursuant to Articles 809 and 810.
B. At the continued custody hearing, the state and the child may produce witnesses, who shall be examined in the presence of the child and shall be subject to cross-examination. The child may also testify, subject to cross-examination.
C. Hearsay evidence shall be admissible.
D. If probable cause has not been demonstrated, the court shall order the child's release.
E. If probable cause has been demonstrated, the court may release the child. The court may also require bail or other security pursuant to Articles 823 through 825 if the court finds that such is necessary to secure the child's appearance for subsequent hearings.
F. Notwithstanding any other provisions of this Code to the contrary, and due to the expedited nature of these hearings, in a judicial district comprised of more than one parish, a continued custody hearing may be conducted in any parish in the judicial district.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2008, No. 634, §1.
A. Following the hearing required by Article 819, the court may order a child alleged to have committed a delinquent act or alleged to have violated probation or parole for a delinquent act, continued in custody in a licensed public or private facility for juveniles, if licensure is required by law for such a facility, or in a private home subject to the supervision of the court or in a juvenile detention center.
B. The court shall not place a child alleged to be delinquent in the custody of either the department of Children and Family Services or the department of Public Safety and Corrections prior to adjudication.
C. No child subject to the jurisdiction of the juvenile court shall be held in an adult jail or lockup.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. Except as provided for in Paragraph C of this Article, upon application by the child, parent, guardian, or legal custodian, a child shall have a right to bail for release from custody prior to adjudication by the deposit of a bond or other security as determined by the court and upon agreeing to any other reasonable conditions found necessary to insure appearance of the child for adjudication.
B. In any case when the child has appeared as ordered and otherwise met the conditions of the bail, the bail shall not be used to satisfy fines and costs except as specified by this Chapter or unless agreed to by the person who executed the bail.
C. A child charged with the commission of a delinquent act which would otherwise be deemed a capital offense under Title 14 of the Louisiana Revised Statutes of 1950 shall not be admitted to bail if the state shows that the proof is evident and the presumption great that the child is guilty of the capital offense. The court shall hold a contradictory hearing to resolve the child's application for bail in these circumstances.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
In determining the amount of bail, alternative security deposits, and conditions of release, the court shall consider:
(1) The nature and circumstances of the delinquent act.
(2) The weight of the evidence.
(3) The child's prior delinquency record, if any.
(4) The financial ability of the child and family to post money bail.
(5) The probability of the child's appearance at any scheduled hearing, considering the following:
(a) The child has failed to appear at some previously scheduled hearing.
(b) The child has violated a condition of his probation or release.
(c) The child has absented himself from home or his usual place of abode without the consent of his parent.
(d) The child is habitually disobedient and is ungovernable and beyond the control of his parent.
(e) The potential danger of release to the child and to the public as it affects the probability of appearance.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
If the court determines that some sort of security is required to insure the child's presence for the adjudication, it shall set bail and may require any of the following forms of security:
(1) The child, parent, guardian, or legal custodian may have executed a bail bond in accordance with Article 314 of the Code of Criminal Procedure and deposit with the clerk the full amount of the bail secured by a deposit in cash or other authorized security, all of which shall be returnable upon satisfactory performance of the bail conditions.
(2) The child, parent, guardian, or legal custodian may have executed a bail bond and may deposit with the court or its designee a sum of money equal to ten percent of the bail, but in no event shall such deposit be less than twenty-five dollars. When the conditions of the bail bond have been discharged, the clerk shall return to the accused, unless the court orders otherwise, ninety percent of the sum which had been deposited and shall retain as bail bond costs ten percent of the amount deposited. However, in no event shall the amount retained by the clerk as bail bond costs be less than five dollars.
(3) The court may in the best interests of the child and his family agree to the deposit of other reasonable items of value or to the encumbrance of property as security to insure appearance for adjudication. These items will be returned to the child or other obligor upon the child's appearance for adjudication and the court's notice to the clerk for return.
(4) The child and his parents may sign a personal bail undertaking without the necessity of furnishing a surety, without depositing any special security, or without meeting any of the requirements for a personal surety as defined by Article 315 of the Code of Criminal Procedure.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1995, No. 1158, §1.
A. A condition of every type of bail authorized in Article 825, and the only condition for which a security on the bail bond may be subject to forfeiture, is that the released child appear at any place and upon any date to which the proceeding is transferred or continued.
B. Every bail order shall also contain the condition that the released child not commit any further delinquent acts while at liberty on such bail bond or security deposit.
C. The court may also impose as a condition of release:
(1) That the child regularly attend school.
(2) That the child voluntarily participate in a pretrial drug testing program which meets the requirements of Article 336 of the Code of Criminal Procedure.
(3) Any other condition of release that is reasonably related to assuring the child's appearance before the court.
D. A violation of any condition by the child or his parents, guardian, or legal custodian shall be considered as a constructive contempt of court.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1995, No. 1158, §1.
A. The court authorizing a child's release from continued custody shall issue an order containing bail provisions, if any, and a statement of conditions imposed upon the child. This order shall also set forth the date of the child's next court appearance.
B. The court shall advise the child and his parents, guardian, or legal custodian of the child's duty to appear as well as of any conditions specified in the order.
C. The child and his parent, guardian, or legal custodian shall sign the agreement of security and release and acknowledge the conditions of release imposed by the court.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. Any failure to comply with the conditions of release, including failure to appear before the court as scheduled, may constitute a breach of the bail agreement. Any such breach of the agreement constitutes constructive contempt of court and failure to appear constitutes the offense of bail jumping.
B. Where there is a breach of the bail agreement or the court is satisfied with good cause that the bail agreement should be modified, the court may order the child and his parent, guardian, legal counsel, and the surety, if any, to appear before the court, or the court may issue an order directing that the child be taken into custody and brought before the court.
C. When the child's parents, guardian, legal custodian, or the child's counsel has good cause to believe that the child has violated or will violate the conditions of the bail agreement, which violation will result in the child's failure to appear before the court as directed, he may report the breach or impending violation to the court, surrender the child, and request revocation of the bail agreement.
D. If a surety obligated under a bail bond, executed pursuant to Article 825(1), has good cause to believe that the child has violated or will violate the conditions of the bail agreement, which will result in the child's failure to appear before the court as directed, he may report the breach and apply to the court for an instanter order for the child to be taken into custody. Unless authorized by the court, the surety shall not arrest or take the child into custody.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
The court shall order the bail bond cancelled or other security released when there is no further liability thereon.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
The court on its own motion or on motion of the state or upon subsequent application by the child or his parent, guardian, or legal custodian, for good cause may either increase or reduce the amount of bail or other security.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A child refused bail, or as a remedy for excessive bail, may invoke the supervisory jurisdiction of the court of appeal.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A child's mental incapacity to proceed, as defined by this Title, may be raised at any time by the child, the district attorney, or the court. When the question of the child's mental incapacity to proceed is raised, there shall be no further steps in the delinquency proceeding, except the filing of a delinquency petition, until counsel is appointed and notified in accordance with Article 809(C) and the child is found to have the mental capacity to proceed.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2004, No. 485, §1, eff. Jan. 1, 2005.
A. The court shall order a mental examination of the child when it has reasonable grounds to doubt the mental capacity of the child to proceed. Findings of fact and the reasons for judgment shall be attached to the order. Prior to ordering a mental examination, the court shall appoint counsel to represent the child if the child is not yet represented.
B. The court order for a mental examination shall not deprive the child or the district attorney of the right to an independent mental examination by a physician of his choice. Such physician shall be permitted to have reasonable access to the child for the purposes of the examination.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2006, No. 266, §1.
A.(1) Within seven days after a mental competency examination is ordered, the court shall appoint a competency commission to examine and report on the mental condition of the child. The competency commission shall consist of at least one and not more than three persons who are physicians or psychologists. If only one member is appointed, the court upon request of the district attorney or counsel for the child, shall appoint another member. Not more than one commission member shall be the coroner or his deputy.
(2) Every person appointed to the commission shall be licensed in his field in Louisiana, have been in the actual practice of medicine or clinical or counseling psychology for not less than three consecutive years immediately preceding the appointment, have expertise in child development specific to severe chronic disability of children attributable to intellectual impairment, and be qualified by training or experience in the forensic evaluation of children.
(3) The order appointing the competency commission shall set the time and date of the contradictory hearing to determine the mental capacity of the child to proceed as provided in Article 836.
B. If no psychologist is appointed to the commission and one of the appointed physicians determines that psychological testing is needed, upon request of the commission the court shall appoint a psychologist to the commission.
C. The members of the commission appointed to make the examination shall have free access to the child at all reasonable times. The court shall issue a subpoena for the attendance of witnesses at the examination upon the request of the child, the commission, or any member thereof.
D. For the purpose of the mental competency examination, the court may order a child previously released on bail to appear for any mental examinations and hearings authorized by this Chapter.
E. The clerk of court shall give written notice of the time and date of the contradictory hearing and all continuances to the Louisiana Department of Health, bureau of legal services.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2004, No. 485, §1, eff. Jan. 1, 2005; Acts 2006, No. 266, §1; Acts 2008, No. 222, §1, eff. June 16, 2008.
A. The order appointing the competency commission and setting the contradictory hearing shall also require the clerk of court to provide the members of the commission with:
(1) A copy of the verified complaint.
(2) The names and addresses of the judge, district attorney, and counsel for the child.
(3) All other relevant information as specified by the court.
B. The court shall order the district attorney to provide the police report to the members of the competency commission. The court shall also order the district attorney and counsel for the child to provide to the members of the commission the mental health records, developmental disability records, educational records, and any other additional information regarding the child that is in their possession, and that is relevant to the evaluation of the mental capacity of the child to proceed and that is not protected by the attorney-client privilege.
C. All information required by this Article shall be delivered to the members of the competency commission within five business days after the appointment of the commission. For good cause shown, the court may extend the time of delivery for a period not to exceed fifteen days.
Acts 2006, No. 266, §1; Acts 2008, No. 222, §1, eff. June 16, 2008.
A. The competency commission shall file its report in the court record and mail copies to all counsel of record within thirty days after the date of the order of appointment. For good cause shown, the court may extend the time for filing for a period not to exceed fifteen days.
B. The report shall include the following:
(1) The reason for the evaluation, if known.
(2) The evaluation procedures used, including any psychometric tests administered, records reviewed, and identity of any persons interviewed.
(3) Pertinent background information, including history of school performance, previous psychiatric history, and family history.
(4) Results of mental status examination, including any psychometric testing administered.
(5) A description of any psychiatric symptoms or cognitive deficiencies, including a diagnosis, if one has been made.
(6) A description of the child's abilities and deficits in the following mental competency functions, coupled with the reasons therefor:
(a) Understanding and appreciation of the nature and object of the proceedings.
(b) Comprehension of his situation in relation to the proceedings.
(c) Rendering assistance to defense counsel in preparation of the case.
(7) An opinion regarding whether as a result of mental illness or developmental disability a child presently lacks the capacity to understand the nature of proceedings against him or to assist in his defense.
(8) Recommendations for modifications to court procedures which may help compensate for mental competency weaknesses.
C. If, in the competency commission's opinion, the child should not be considered to possess mental capacity to proceed, the report shall also include the following:
(1) A prognosis as to whether there is a substantial probability that the child will attain mental competency to proceed in the foreseeable future.
(2) Recommendations for the type of remediation necessary, such as competency restoration services.
D. The report shall not include any statement of the child relating to the alleged offense, and no such statement may be used against the child in court proceedings on the offense.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2004, No. 485, §1, eff. Jan. 1, 2005; Acts 2006, No. 266, §1; Acts 2008, No. 222, §1, eff. June 16, 2008.
A. The issue of the mental capacity of the child to proceed shall be determined by the court after a contradictory hearing. If the child is in a secure detention facility, the hearing shall be held within forty-five days of the appointment of the competency commission. Otherwise, the hearing shall be held within sixty days of the appointment of the commission. The court may extend either time period for a period not to exceed fifteen days, if an extension of time was granted in accordance with Article 835.
B. The report of the competency commission is admissible in evidence at the hearing. Members of the commission may be called as witnesses by the court, the child, or the district attorney. The members of the competency commission are subject to cross examination by the child, the district attorney, and the court. Other evidence pertaining to the child's capacity to proceed may be introduced at the hearing by the child and by the district attorney.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2006, No. 266, §1; Acts 2008, No. 222, §1, eff. June 16, 2008.
A. If the court determines that the child has the mental capacity to proceed, the delinquency proceedings shall be resumed.
B. If the court determines by a preponderance of the evidence that the child lacks the mental capacity to proceed and the alleged delinquent act is a felony, the proceedings shall be suspended and the court may:
(1) Dismiss the petition in accordance with Article 876.
(2) Adjudicate the family of the child to be in need of services and proceed to a disposition in accordance with Chapters 10 and 12 of Title VII.
(3) Commit the child to the Louisiana Department of Health, a private mental institution, or an institution for persons with mental illness in accordance with Louisiana Department of Health policy. The court may also order restoration services for the child and appoint a restoration service provider. However, a child shall not be committed unless the court finds, after a contradictory hearing with ten days notice to the district attorney and counsel for the child, that the child, as a result of mental illness, is dangerous to himself or others or is gravely disabled. If the court further finds that the child will not have the mental capacity to proceed in the foreseeable future, the court shall order civil commitment as provided in Title XIV. However, no child shall be discharged or conditionally discharged except upon court order after a motion and contradictory hearing.
(4) Place the child in the custody of his parents or other suitable person or private or public institution or agency under such terms and conditions as deemed in the best interests of the child and the public, which conditions may include the provision of outpatient services by any suitable public or private agency. The court may also order restoration services for the child and appoint a restoration service provider.
C. If the court determines by a preponderance of the evidence that the child lacks the mental capacity to proceed and the alleged delinquent act is a misdemeanor, the court may either:
(1) Dismiss the petition in accordance with Article 876.
(2) Adjudicate the family of the child to be in need of services and proceed to a disposition in accordance with Chapters 10 and 12 of Title VII.
D. In a misdemeanor or felony case, if the court determines by a preponderance of the evidence that the child lacks the mental capacity to proceed primarily because of immaturity and the child may attain the mental capacity to proceed in the future without restoration services, the court may only:
(1) Dismiss the petition in accordance with Article 876.
(2) Adjudicate the family of the child to be in need of services and proceed to a disposition in accordance with Chapters 10 and 12 of Title VII.
(3) Continue the matter for six months in order to review the child's mental capacity to proceed.
E. In no instance shall a commitment or placement ordered pursuant to Subparagraph (B)(3) or (4) of this Article exceed the time of the maximum disposition the child could receive if adjudicated delinquent for the alleged delinquent act.
F. Upon commitment, the court shall furnish to the institution the following information:
(1) The name and address of the child's counsel.
(2) The offense with which the child is charged and the date of such charges.
(3) A copy of the competency commission report.
(4) Any other pertinent information concerning the child's health which has come to the attention of the court.
(5) The name, address, and phone number of the child's parents, tutor, caretaker, and custodial agency.
G. Under no circumstances shall a child who is found to lack the mental capacity to proceed in accordance with this Chapter be held in a secure placement facility longer than permitted elsewhere by this Code for a child with a mental illness or developmental disability.
H. An out-of-home placement or commitment shall be in a separate unit and program from an adult forensic program unless the child is seventeen years of age or older and the court finds, after a contradictory hearing, that the child can be appropriately treated in an adult forensic program.
I. Subsequent to a finding that a child is incompetent to proceed pursuant to a felony charge, upon a showing of good cause that a child presents a danger of flight, the court may authorize the Louisiana Department of Health to use appropriate restraints on the person of a child during transport, until further order of the court. Use of restraints pursuant to the provisions of this Article shall comply with the policy of the Louisiana Department of Health on seclusion and restraints.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2004, No. 485, §1, eff. Jan. 1, 2005; Acts 2006, No. 266, §1; Acts 2008, No. 222, §1, eff. June 16, 2008; Acts 2009, No. 230, §1, eff. July 1, 2009; Acts 2014, No. 811, §33, eff. June 23, 2014.
A. A restoration service provider shall meet the following qualifications:
(1) Shall not have served on the competency commission.
(2) Shall be a psychiatrist, psychologist, medical psychologist, certified special education teacher, social worker, or counselor, if the court determines the child lacks the mental capacity to proceed solely because of ignorance of court procedure or legal rights.
(3) Shall be a psychiatrist, licensed psychologist, medical psychologist, licensed clinical social worker, qualified intellectual disability professional, or licensed professional counselor all of whom have been engaged in the practice of clinical psychology or counseling for not less than three consecutive years immediately preceding the appointment and who have expertise in child development specific to severe chronic disability of children attributable to intellectual impairment, if the court determines the child lacks the mental capacity to proceed because of mental illness or developmental disorder.
(4) May be a combination of persons meeting the qualifications in Subparagraphs (2) and (3) of this Paragraph, if the court determines the child lacks the mental capacity to proceed both because of ignorance of court procedure or legal rights and because of mental illness or developmental disorder.
B. All restoration service providers shall:
(1) Possess at least two years experience working with children or adolescents.
(2) Be knowledgeable of the state's competency standards and statutes and with the treatment, training, and restoration courses approved by the Louisiana Department of Health.
(3) Have undergone child capacity to proceed restoration training, reviewed the training materials provided, and have certified in writing that the materials have been reviewed.
(4) Be certified by the Louisiana Department of Health as having completed a restoration service provider training course.
C. The Louisiana Department of Health shall promulgate rules and regulations for certifying restoration providers and develop a training module within one year from August 15, 2006. The department shall set reasonable fees for the training and certification of restoration service providers.
D. To remain certified, a restoration provider shall complete additional training every two years.
Acts 2006, No. 266, §1; Acts 2008, No. 222, §1, eff. June 16, 2008; Acts 2009, No. 251, §13; Acts 2014, No. 811, §33, eff. June 23, 2014.
A. A restoration service provider shall submit a report to the court, the district attorney, and counsel representing the child ninety days after the initial contradictory hearing to determine the mental capacity of the child to proceed and every ninety days thereafter, as long as the child is receiving restoration services.
B. Each report shall include all of the following:
(1) The services provided to the child, including medication, education, and counseling.
(2) The likelihood that the mental capacity of the child to proceed will be restored in the foreseeable future.
(3) The progress of the child including his ability to:
(a) Understand and appreciate the delinquency allegations against him.
(b) Understand and appreciate the range and nature of possible adjudications and the range of dispositions that may be imposed.
(c) Comprehend his situation in relation to the proceedings.
(d) Make simple decisions in response to well-explained alternatives.
(e) Distinguish an admission from a denial and understand and appreciate the consequences of each.
(f) Understand and appreciate his legal rights.
(g) Understand and appreciate what defenses are available and maintain a consistent defense.
(h) Understand and appreciate the adversarial nature of the legal process, including the roles of the judge, defense counsel, and the district attorney.
(i) Disclose to counsel facts pertinent to the proceedings at issue and aid counsel in locating and examining relevant witnesses.
(j) Display appropriate courtroom behavior.
(k) Testify relevantly without his mental state deteriorating under the stress of trial.
(l) Listen to witness testimony and inform counsel of any distortions and misstatements.
C. If the child has been placed by the court in an out-of-home placement, the report shall also include an assessment of the danger the child poses to himself or others and an assessment of the appropriateness of the placement. In addition, the restoration service provider or agency with custody of the child shall also file a report which includes all components required in Paragraph B of this Article at any time the provider or agency determines that the child has attained the mental capacity to proceed or out-of-home placement is no longer appropriate.
D. Testimony from a restoration service provider and reports provided to the court regarding restoration services shall not include any statement of the child relating to the alleged offense, and no such statement may be used against the child in subsequent court proceedings.
Acts 2006, No. 266, §1.
A. If, within six months of the initial contradictory hearing to determine the mental capacity of the child to proceed, the restoration service provider determines that the child has not attained the mental capacity to proceed, the provider shall evaluate the likelihood of the child to attain the mental capacity to proceed within two years of the initial contradictory hearing. If unlikely, the court shall, within a reasonable time and after at least ten days notice to the district attorney, counsel for the child, the parents of the child, the child, the physical custodian of the child, and the restoration provider, conduct a contradictory hearing to determine whether the child, in the two years following the initial hearing, will likely have the mental capacity to proceed and whether he is a danger to himself or others, or is gravely disabled.
B. After the hearing, if the court determines that the child will not likely have the mental capacity to proceed within two years of the initial hearing and that the child is not a danger to himself or others, the court may either:
(1) Dismiss the petition in accordance with Article 876.
(2) Adjudicate the family of the child to be in need of services and proceed to a disposition in accordance with Chapters 10 and 12 of Title VII.
(3) Place the child in the custody of his parents or other suitable person or private or public institution or agency under such terms and conditions deemed to be in the best interest of the child and the public, which conditions may include the provision of outpatient services by any suitable public or private agency.
C. After the hearing, if the court determines that the child will not likely have the mental capacity to proceed within two years of the initial hearing, and that the child, as a result of mental illness, is dangerous to himself or others, or is gravely disabled, the court shall order commitment to a designated and medically suitable treatment facility. The court order shall constitute an order of civil commitment as provided in Title XIV. However, no child shall be discharged or conditionally discharged except upon court order after a motion and contradictory hearing.
Acts 2006, No. 266, §1.
A. If, after two years of the initial contradictory hearing to determine the mental capacity of the child to proceed, the restoration service provider determines that the child has not attained the mental capacity to proceed, the provider shall evaluate the likelihood of the child to attain the mental capacity to proceed within one year. If unlikely, the court shall, within a reasonable time and after at least ten days notice to the district attorney, counsel for the child, the parents of the child, the child, the physical custodian of the child, and the restoration service provider, conduct a contradictory hearing to determine whether the child, in the one year following, will likely have the mental capacity to proceed and whether he is a danger to himself or others, or is gravely disabled.
B. After the hearing, if the child has not attained the mental capacity to proceed, and there is evidence that the child will not attain the mental capacity to proceed within a year, the court may either:
(1) Dismiss the petition in accordance with Article 876.
(2) Adjudicate the family of the child to be in need of services and proceed to a disposition in accordance with Chapters 10 and 12 of Title VII.
(3) Place the child in the custody of his parents or other suitable person or private or public institution or agency under such terms and conditions as deemed in the best interest of the child and the public, which conditions may include the provision of outpatient services by any suitable public or private agency.
C. If the court determines that the child, as a result of mental illness, is dangerous to himself or others or is gravely disabled and is incapable of proceeding and is unlikely in the foreseeable future to be capable of proceeding, the court may order commitment to a designated and medically suitable treatment facility. The court order shall constitute an order of civil commitment as provided in Title XIV. However, no child shall be discharged or conditionally discharged except upon court order after a motion and contradictory hearing.
Acts 2006, No. 266, §1.
A. If, after three years of the initial contradictory hearing to determine the mental capacity of the child to proceed, the restoration service provider determines that the child has not attained the mental capacity to proceed, the court shall, within a reasonable time and after at least ten days notice to the district attorney, counsel for the child, the parents of the child, the child, the physical custodian of the child, and the restoration service provider, conduct a contradictory hearing to determine whether the child has the mental capacity to proceed and whether he is a danger to himself or others, or is gravely disabled.
B. After the hearing, if the child has not attained the mental capacity to proceed, the court shall either:
(1) Dismiss the petition in accordance with Article 876.
(2) Adjudicate the family of the child to be in need of services and proceed to a disposition in accordance with Chapters 10 and 12 of Title VII.
(3) Place the child in the custody of his parents or other suitable person or private or public institution or agency under such terms and conditions as deemed in the best interest of the child and the public, which conditions may include the provision of outpatient services by any suitable public or private agency.
C. If the court determines that the child, as a result of mental illness, is dangerous to himself or others or is gravely disabled and is incapable of proceeding and is unlikely in the foreseeable future to be capable of proceeding, the court may order commitment to a designated and medically suitable treatment facility. The court order shall constitute an order of civil commitment as provided in Title XIV. However, a child shall not be discharged or conditionally discharged except upon order of the court after a motion and contradictory hearing.
Acts 2006, No. 266, §1.
A. If the child has been placed in an out-of-home placement, and the agency, institution, or individual charged with the care and custody of the child determines that the existing out-of-home placement is no longer appropriate for the child, the agency, institution, or individual shall file a motion requesting a contradictory hearing to determine the appropriate placement for the child.
B. The motion shall contain reasons for the determination that the current placement is no longer appropriate for the child and shall contain recommendations for an alternative placement. Notice of filing the motion shall be served upon the court, the district attorney, and counsel for the child.
C. The court shall set a hearing on the motion within fourteen days of filing and shall provide at least three days notice to the agency, institution or individual filing the motion, the district attorney, and counsel for the child.
Acts 2006, No. 266, §1.
A.(1) At any time after a child's commitment, if the Louisiana Department of Health or the superintendent of the mental institution reports to the committing court that the child presently has the mental capacity to proceed, the court shall:
(a) Hold a contradictory hearing within ten days on this issue and determine, for good cause shown and in accordance with the best interests of the child, if the child can be released from the custody of the Louisiana Department of Health. The hearing may be continued for up to three additional days.
(b) Appoint counsel to represent the child in accordance with Article 809 if the child no longer has counsel.
(2) If all parties stipulate that the child presently has the mental capacity to proceed, another mental examination by a competency commission is not necessary. If all parties do not agree that the child has the mental capacity to proceed, then the court shall order a mental examination by a competency commission to reevaluate the child. The court may release the child from the custody of the Louisiana Department of Health to a less restrictive environment during the reevaluation process.
B. The district attorney or the child may apply to the court to have the proceedings resumed on the ground that the child presently has the mental capacity to proceed. Upon receipt of such application the court shall order a mental examination by a competency commission appointed on the issue of whether the child presently has the mental capacity to proceed. The court may order the Louisiana Department of Health or superintendent of the mental institution where the child is committed to make a report as to the child's course of treatment and current mental status. The court shall hold a contradictory hearing within ten days to determine, for good cause shown and in accordance with the best interests of the child, if the child presently has the mental capacity to proceed. The court may continue the hearing for up to three additional days.
C. Reports as to present mental capacity to proceed shall be filed in conformity with Article 835, and the court's determination of present mental capacity to proceed shall be made in conformity with the provisions of Article 836.
D. If the court determines that the child has the mental capacity to proceed, the proceedings shall be promptly resumed. If the court determines that the child does not have the mental capacity to proceed, the court shall proceed in accordance with Article 837.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2004, No. 485, §1, eff. Jan. 1, 2005; Acts 2006, No. 266, §1; Acts 2008, No. 222, §1, eff. June 16, 2008.
A. Prior to the filing of a petition, the district attorney or the court with the consent of the district attorney may authorize an informal adjustment agreement.
B. After the filing of a petition but before the attachment of jeopardy pursuant to Article 811, the court may authorize the district attorney or probation officer to effect an informal adjustment agreement if the child and district attorney have no objection. The court may, with concurrence of the district attorney, dismiss the petition or allow the petition to remain pending during the period of informal adjustment.
C. When entering an informal adjustment agreement, the court may, with concurrence of the district attorney, utilize or initiate a teen or youth court program and may assess a fee to a participant in the program to offset costs.
D.(1) Where a petition involves an allegation of an act of prostitution pursuant to R.S. 14:82, prostitution by massage pursuant to R.S. 14:83.3 or 83.4, or crimes against nature by solicitation pursuant to R.S. 14:89.2 and it is the child's first offense and the child expresses a willingness to cooperate and receive specialized services for sexually exploited children, the district attorney may effect an informal adjustment agreement which includes specialized services for the child.
(2) If, however, the child has previously been adjudicated a delinquent in violation of R.S. 14:82, 83.3, 83.4, or 89.2 or is unwilling to cooperate with specialized services for sexually exploited children, continuing with the delinquency proceeding shall be within the discretion of the district attorney.
(3) The specialized services referenced in Subparagraph (1) of this Paragraph may include but are not limited to safe and stable housing, comprehensive on-site case management, integrated mental health and chemical dependency services, including specialized trauma recovery services, education and employment training, and referrals to off-site specialized services, as appropriate.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 897, §1; Acts 2003, No. 940, §1; Acts 2009, No. 213, §1; Acts 2013, No. 429, §3, eff. June 24, 2013.
A. An informal adjustment agreement shall set forth in writing the terms and conditions of the child's supervision during the term specified in the agreement. It shall be signed by the district attorney or the probation officer and by the child and his parents.
B. It must demonstrate that the child and his parents understand the child's right to an adjudication hearing on the offense. It must also demonstrate that they consent to the terms of the adjustment agreement with knowledge that their consent is not obligatory and with knowledge of the effect of the agreement as set out hereinafter in Article 841.
C. The initial period of informal adjustment shall not exceed six months; however, the court may extend the agreement for additional periods of six months, not to exceed a total of two years.
D. If a petition has been filed, the adjustment agreement shall be filed in the record.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2009, No. 213, §1.
A. An informal adjustment agreement shall not be considered an adjudication. Evidence of the existence of an agreement shall not be used against the child over objection in any adjudication hearing or criminal trial. That evidence may be used in a disposition hearing in the juvenile court or for the purpose of a presentence investigation after a criminal conviction.
B. An informal adjustment agreement suspends the proceedings on the delinquent acts charged in the complaint or petition. If any of the terms of the agreement are violated, the case may proceed to an adjudication hearing on the charges. If the child satisfies the terms of the agreement, he shall be discharged from further supervision, and the pending complaint or petition shall be dismissed with prejudice.
C. Any incriminating statement made by the child to the person giving counsel or advice and in the discussions or conferences incident to the informal adjustment agreement shall not be used against the child, over objection, in an adjudication hearing or criminal trial. The incriminating statement may be used in a disposition hearing in the court or for the purpose of a presentence investigation after a criminal conviction.
D. If any medical, mental health, sensory, or special competency evaluation is performed during the period of an informal adjustment agreement, the report shall not include any incriminating statement made by the child. The examination shall not occur until five days after the clerk of court has given notice to all parties of the examination order. Any incriminating statement made by the child to the evaluator, which would violate the child's privilege against self-incrimination, shall not be used against him in any future court proceedings, adjudication hearing, or later criminal trial.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2001, No. 567, §1; Acts 2010, No. 594, §1.
A delinquency proceeding shall be commenced by a petition. The district attorney may file a petition without leave of court. Any person authorized by the court may file a petition if there are reasonable grounds to believe that the child is a delinquent child.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. If a child is continued in custody prior to adjudication, the delinquency petition shall be filed within forty-eight hours of the hearing to determine continued custody.
B. If no petition is filed within the applicable time period, the child shall be released.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. The petition shall contain a caption setting forth the name of the court and the title of the action. The petition shall be entitled, "The State of Louisiana in the Interest of...".
B. Allegations of fact shall be simple, concise, and direct and shall be set forth in numbered paragraphs. As far as practicable, each paragraph shall be limited to a single set of circumstances. Allegations of fact may be made on information and belief.
C. Failure to comply with formal requirements of this Article shall not be grounds for dismissal of a petition or invalidation of the proceedings unless it results in substantial prejudice.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2014, No. 133, §1.
A. The petition shall set forth with specificity:
(1) The name, date, and place of birth, sex, race, address, and present location of the child.
(2) The names and addresses of the parents and spouse, if any, of the child. If the parents are not within the state or cannot be located, the name and address of the child's closest adult relative within the state, or, if there be none, the known adult relative residing nearest to the court.
(3) Facts which show that the child is a delinquent child.
(4) The statute or ordinance which the child is alleged to have violated.
B. If the information required by Subparagraph (A)(1) or (2) of this Article is unknown, the petition shall so allege. Any defects in the allegations required by Subparagraphs (A)(1) and (2) of this Article and in the citation of the statute or ordinance required by Subparagraph (A)(4) of this Article shall be considered defects of form.
C. Two or more delinquent acts may be charged in the same petition in a separate count for each act if the acts charged, whether based upon felony or misdemeanor offenses, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan.
D. The petition shall conclude with a request that the court adjudicate the child to be delinquent.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. The petitioner may amend the petition at any time to cure defects of form, imperfection, omission, or uncertainty.
B. Prior to the adjudication hearing, the petitioner may amend the petition to include new allegations of fact or requests for adjudication.
C. After jeopardy begins pursuant to Article 811, a petition shall not be amended to include new allegations of fact or requests for adjudication.
D. On motion of the child that he has been prejudiced in his defense on the merits by defect of form, imperfection, omission, or uncertainty, the court may grant a continuance for a reasonable time. In determining whether the child has been prejudiced in his defense upon the merits, the court shall consider all circumstances of the case and the entire course of the prosecution.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2021, No 270, §1.
A. A copy of the petition and the right to counsel form specified in Article 848 shall be served upon the child.
B. A copy of the petition and the right to counsel form specified in Article 848 shall also be served upon every parent whose address is known or can be determined after due diligence.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
"NOTICE
RIGHT TO COUNSEL
Under the laws of Louisiana, every child accused of delinquency is entitled to have a lawyer to be present and to assist the child to answer the attached petition. A child is entitled to be represented by a lawyer at every stage of proceedings in the juvenile court, including the right to appeal from any judgment of disposition which might be ordered by the court.
If the parents of an accused child are completely financially unable to afford to employ a lawyer, the court will appoint a lawyer and the state will pay for his services.
If the parents are found to be financially able to afford to employ a lawyer but fail to employ one, the juvenile court may appoint a lawyer for the child and require the parents to pay for the lawyer's services.
The financial ability or inability of the parents to employ a lawyer will be determined by the court after a hearing. The court may require the parents to pay for some or all of the costs of lawyer's services on behalf of the child.
After consulting with parents or other adult interested in the child's welfare, the child may be permitted by the court to proceed without the assistance of a lawyer. This decision can be made at any time during the proceedings in the juvenile court."
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. If a parent resides within the state, service shall be made personally or by domiciliary service or by certified mail as soon as possible and not less than forty-eight hours prior to commencement of the adjudication hearing on the matter.
B. The person effecting service shall execute a return and, if service was made by certified mail, the return receipt shall be attached thereto.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. Except as provided in Paragraph B of this Article, when a delinquency petition involves a child whose parent is a resident, the court shall issue a summons commanding that the child, his parents, and such other persons as the court deems proper appear before the court at a designated time and place.
B. In its discretion the court may decline to issue a summons to appear at any hearing for the parents of any child who is eighteen years of age or older.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
If a properly served person fails to appear in response to a summons, the court may order that such person be taken into custody and immediately brought before the court.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. If a parent does not reside within this state, service shall be made by personal service or by certified mail to the address indicated in the petition, return receipt requested, not less than five days prior to the commencement of the adjudication hearing on the matter.
B. The person effecting the service shall file the return receipt as proof of service.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
If it appears from the record that the parent has been served in accordance with Article 849 or 852 and summoned to any hearing, or cannot be found, and the parent fails to appear, the hearing may be held in the parent's absence. The court shall appoint counsel for the child.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2012, No. 730, §1.
A. If the petition is filed prior to or during the hearing to determine continued custody, the court may order the child to answer the petition upon completion of the hearing. If not so ordered and the child is continued in custody, he shall be ordered to appear to answer the petition within five days after the filing of the petition.
B. In all other cases, the child shall be ordered to appear to answer the petition within fifteen days after the filing of the petition.
C. For good cause, the court may extend such period.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. When the child appears to answer the petition, the court shall first determine that the child is capable of understanding statements about his rights under this Code.
B. If the child is capable, the court shall then advise the child of the following items in terms understandable to the child:
(1) The nature of this delinquency proceeding.
(2) The nature of the allegations of the petition.
(3) His right to an adjudication hearing.
(4) His right to be represented by an attorney, his right to have counsel appointed as provided in Article 809, and his right in certain circumstances authorized by Article 810 to waive counsel.
(5) His privilege against self-incrimination.
(6) The range of responses authorized under Article 856.
(7) The possible consequences of his admission that the allegations are true, including the maximum and minimal dispositions which the court may impose pursuant to Articles 897 through 900. In addition, if the child is fourteen years of age or older and the petition charges the child with the perpetration, attempted perpetration, or conspiracy to commit any of the following offenses, the court shall inform the child that, if he admits to allegations of the petition, or the allegations of the petition are found to be true, he may be required to register as a sex offender pursuant to Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950, and the court shall inform the child regarding applicable required registrations and their duration:
(a) Aggravated or first degree rape as defined in R.S. 14:42.
(b) Forcible or second degree rape as defined in R.S. 14:42.1.
(c) Second degree sexual battery as defined in R.S. 14:43.2.
(d) Aggravated kidnapping of a child who has not attained the age of thirteen years pursuant to R.S. 14:44 or 44.2.
(e) Second degree kidnapping of a child who has not attained the age of thirteen years as defined in R.S. 14:44.1.
(f) Aggravated crime against nature defined by R.S. 14:89.1(A)(2) involving circumstances defined by R.S. 15:541 as an aggravated offense.
(g) Aggravated crime against nature as defined in R.S. 14:89.1(A)(1).
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2010, No. 594, §1; Acts 2014, No. 602, §1, eff. June 12, 2014; Acts 2015, No. 184, §8.
A. After the child has been advised pursuant to Article 855, the court shall inquire how the child responds. The child may:
(1) Deny the allegations of the petition, in which case the court shall set the matter for an adjudication hearing.
(2) Deny the allegations of the petition and contest the request for adjudication due to insanity as defined in this Title, in which case the court shall not adjudicate the child without a hearing, at which time the child has the burden of establishing this defense.
(3) Admit the allegations of the petition, in which case the court shall further inquire to determine whether there is a factual basis for adjudication. If so, the court may then adjudicate the child delinquent.
(4) With the court's permission, enter a response of nolo contendere. If, in its discretion, the court accepts such response, the court shall further inquire to determine whether there is a factual basis for adjudication, and it may then adjudicate the child delinquent.
B. A child shall plead when called upon to answer. If he stands mute, refuses to plead, or pleads evasively, a denial of the petition shall be entered of record.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. The court on its own motion or on motion of the district attorney may conduct a hearing to consider whether to transfer a child for prosecution to the appropriate court exercising criminal jurisdiction if a delinquency petition has been filed which alleges that a child who is fourteen years of age or older at the time of the commission of the alleged offense but is not otherwise subject to the original jurisdiction of a court exercising criminal jurisdiction has committed any one or more of the following crimes:
(1) First degree murder.
(2) Second degree murder.
(3) Aggravated kidnapping.
(4) Aggravated or first degree rape.
(5) Aggravated battery when committed by the discharge of a firearm.
(6) Armed robbery when committed with a firearm.
(7) Repealed by Acts 2001, No. 301, §2.
(8) Forcible or second degree rape if the rape is committed upon a child at least two years younger than the rapist.
B. Notwithstanding any other provision of law to the contrary, a fourteen-year-old who is transferred pursuant to this Article and subsequently convicted shall not be confined for such conviction beyond his thirty-first birthday.
C.(1) An adult who is charged with an offense committed at the time he was a child for which the time limitation for the institution of prosecution pursuant to Code of Criminal Procedure Article 571 has not lapsed and for which he was subject to prosecution as an adult due to his age at the time the offense was committed shall be prosecuted as an adult in the appropriate court exercising criminal jurisdiction. If convicted, he shall be punished as an adult as provided by law.
(2) An adult who is charged with an offense committed at the time he was a child for which the time limitation for the institution of prosecution pursuant to Code of Criminal Procedure Article 571 has not lapsed and for which he was not subject to prosecution as an adult due to his age at the time the offense was committed shall be prosecuted as an adult in the appropriate court exercising criminal jurisdiction. If convicted, he shall be committed to the custody of the Department of Public Safety and Corrections to be confined in secure placement for a period of time as determined by the court not to exceed the maximum amount of confinement he could have been ordered to serve had he been adjudicated for the offense as a child at the time the offense was committed.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1994, 3rd Ex. Sess., No. 15, §1; Acts 1994, 3rd Ex. Sess., No. 39, §1; Acts 1997, No. 1137, §1, eff. July 14, 1997; Acts 2001, No. 301, §2; Acts 2008, No. 670, §1; Acts 2010, No. 805, §1; Acts 2015, No. 184, §8.
A. On motion of the district attorney, the child, or on its own motion, the court may conduct a transfer hearing. Such motion may be filed at any time following the filing of a delinquency petition but shall be heard prior to the adjudication hearing or acceptance of an admission to the delinquency petition.
B. Notice in writing of the time, place, and purpose of the hearing shall be given to the child and his parents and other custodian, if any, at least ten days before the hearing. In addition, if the petition charges the child with second degree kidnapping, aggravated or first degree rape, or forcible or second degree rape, the court shall inform the child regarding the applicable registration and duration requirements in Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2010, No. 594, §1; Acts 2015, No. 184, §8.
A. The transfer hearing shall be conducted in accordance with the provisions of Chapter 13 of this Title governing the conduct of an adjudication hearing, except as otherwise provided herein.
B. Only such evidence which pertains to the transfer criteria set out in Article 862 may be introduced.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. On its own motion or on the motion of the child or district attorney, the court may order any child subject to a motion to transfer to be examined by a physician, optometrist, audiologist, psychologist, or psychiatrist. Unless waived by the child, the examination shall not occur until five days after the clerk of court has notified all parties of the examination order.
B. Any examination shall be made and the findings submitted to the court within three days of the transfer hearing. This time period may be extended by the court for good cause.
C. Copies of any reports of findings submitted to the court shall be made available to counsel for all parties.
D. Unless the child has sought the examination or otherwise waives his privilege against self-incrimination, neither testimony about the report nor any of its contents is admissible in an adjudication hearing or later criminal trial, if any, which would violate the child's privilege against self-incrimination.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2010, No. 594, §1.
A. The child shall have all rights to discovery as provided for in Article 866.
B. In addition to the rights to review any report submitted pursuant to Article 860, the child shall have the right to review any report prepared regarding the transfer.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. In order for a motion to transfer a child to be granted, the burden shall be upon the state to prove all of the following:
(1) Probable cause exists that the child meets the requirements of Article 857.
(2) By clear and convincing proof, there is no substantial opportunity for the child's rehabilitation through facilities available to the court, based upon the following criteria:
(a) The age, maturity, both mental and physical, and sophistication of the child.
(b) The nature and seriousness of the alleged offense to the community and whether the protection of the community requires transfer.
(c) The child's prior acts of delinquency, if any, and their nature and seriousness.
(d) Past efforts at rehabilitation and treatment, if any, and the child's response.
(e) Whether the child's behavior might be related to physical or mental problems.
(f) Techniques, programs, personnel, and facilities available to the juvenile court which might be competent to deal with the child's particular problems.
B. The court shall state for the record its reasons for judgment.
C.(1) The court shall transmit the order rendered after the hearing or a certified copy thereof, without delay, to the clerk of court having jurisdiction of the offense.
(2) Any party may request the court to provide a complete or partial transcript of the testimony of the witnesses; however, neither the record of the hearing nor the reasons for the transfer shall be admissible in evidence in any subsequent criminal proceedings, except for the purpose of impeachment of a witness.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
A. An order of transfer terminates the jurisdiction of the court exercising juvenile jurisdiction over the child with respect to the delinquent acts alleged in the petition. The appropriate court exercising criminal jurisdiction shall retain jurisdiction over the case, even though the child pleads guilty to, or is convicted of, a lesser included offense. The plea to, or conviction of, a lesser included offense shall not revest juvenile jurisdiction over such child.
B. The decision of the court regarding transfer of the case to the court exercising criminal jurisdiction is only an interlocutory judgment which either the child or the state, or both, have the right to have reviewed summarily by the appropriate court of appeal. Such review shall be by preference.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. Prior to the entry of a judgment ordering his transfer, the child shall be held in custody only in those places authorized for the preadjudication detention of children as specified in Article 822.
B. After the entry of a judgment ordering his transfer, the child shall be held in any facility used for the pretrial detention of accused adults and shall apply to the appropriate court of criminal jurisdiction for a preliminary hearing, bail, and for any other rights to which he may be entitled under the Code of Criminal Procedure.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. All motions or other requests for relief prior to the adjudication hearing shall be made by written motion filed within fifteen days after the child or his counsel has appeared to answer the petition. In the interest of justice, the court may allow additional time within which to make or file such motions or may permit such requests to be made by oral motion.
B. The motion shall state with particularity the grounds therefor and shall set forth the relief sought.
C. A motion may be granted without a contradictory hearing when mover is clearly entitled thereto without supporting proof. A motion shall not be denied without a contradictory hearing unless, assuming the facts alleged to be true, mover is not entitled to relief.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
Discovery shall be as provided in the Louisiana Code of Criminal Procedure.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. On its own motion or on the motion of the child or district attorney, the court may order any child to be examined by a physician, optometrist, or audiologist. Unless waived by the child, the examination shall not occur until five days after the clerk of court notified all parties of the examination order.
B. On motion of the child, the court may order a child concerning whom a petition has been filed, to be examined by a psychologist or a psychiatrist.
C. Any examination shall be made and the findings submitted to the court within thirty days of the date the order is entered. This time period may be extended by the court for good cause.
D. Copies of any reports of findings submitted to the court shall be available to counsel for all parties.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2010, No. 594, §1.
A. On its own motion, or on the motion of the child or the district attorney, the court may order the parent of a child concerning whom a petition has been filed to provide necessary medical or surgical care.
B. If the parent fails to provide such care, the court may, after due notice to the parent, order the care and order the parent to pay all or part of the expense.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. In addition to the provisions of Article 867, when a child contests an adjudication based on his insanity, the court shall appoint counsel in accordance with Article 809(C) and may appoint a sanity commission as provided for in Article 869.1 to make an examination as to the child's mental condition at the time of the offense. The court may also order the commission to examine the child's present mental capacity to proceed.
B. The child has the burden to establish by a preponderance of the evidence that he was insane at the time of the offense.
C. Mental examinations and reports under this Article shall be conducted and filed in conformity with Chapter 7 of this Title.
D. The costs of such court ordered mental examinations shall be paid in accordance with Chapter 3 of Title XXI of the Code of Criminal Procedure.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2008, No. 222, §1, eff. June 16, 2008.
A.(1) Within seven days after a mental examination is ordered, the court shall appoint a sanity commission to examine and report upon the mental condition of the child. The sanity commission shall consist of at least two and not more than three physicians. Not more than one member of the commission shall be the coroner or any one of his deputies. The court may appoint, in lieu of one physician, a psychologist.
(2) Every person appointed to the commission shall be licensed in his field in Louisiana, have been in the actual practice of medicine or clinical or counseling psychology for not less than three consecutive years immediately preceding the appointment, have expertise in child development specific to severe chronic disability of children attributable to intellectual impairment, and be qualified by training or experience in forensic evaluation of children.
(3) The order appointing the sanity commission shall set the time and date of the contradictory hearing within sixty days if the child is in a secure detention facility and otherwise within seventy-five days.
B. If no psychologist is appointed to the commission and one of the appointed physicians determines that psychological testing is needed, upon request of the commission the court shall appoint a psychologist to the commission.
C. The commission members shall have free access to the child at all reasonable times. The court shall issue a subpoena for the attendance of witnesses to be interviewed by the examiner at the request of the child, the commission, or any member thereof.
D. For the purpose of the mental examination, the court may order a child previously released on bail to appear for any mental examination and hearing authorized by this Chapter.
E. The clerk of court shall give written notice of the time and date of the contradictory hearing and all continuances to the Louisiana Department of Health, Bureau of Legal Services.
Acts 2008, No. 222, §1, eff. June 16, 2008.
A. The order appointing the sanity commission shall also order the clerk of court to provide the members of the sanity commission with:
(1) A copy of the verified complaint.
(2) The names and addresses of the judge, district attorney, and counsel for the child.
(3) All other relevant information as specified by the court.
B. The court shall order the district attorney to provide a copy of the police report, and a copy of any statements made by the child, the victim or any witnesses, to the members of the sanity commission. The court shall also order the district attorney and counsel for the child to provide the members of the sanity commission with the mental health records, developmental disability records, educational records, and any other additional information regarding the child that is in their possession, that is relevant to the evaluation of the mental capacity of the child to proceed, and is not protected by the attorney-client privilege. The court may order, after a motion by the district attorney or counsel for the child, a contradictory hearing to determine if the victim or any witnesses may be interviewed by the members of the sanity commission.
C. All information required by this Article shall be delivered to the members of the sanity commission within five business days after the appointment of the sanity commission. For good cause shown, the court may extend the time of delivery for a period not to exceed fifteen days.
Acts 2008, No. 222, §1, eff. June 16, 2008.
A. The sanity commission shall file its report in the court record and mail copies to all counsel of record within forty-five days after the date of the order of appointment. For good cause shown, the court may extend the time for filing for a period not to exceed fifteen days.
B. The report shall include the following:
(1) The reason for the evaluation, if known.
(2) The evaluation procedures used, including any psychometric tests administered, records reviewed, and identity of any persons interviewed.
(3) Pertinent background information, including history of school performance, previous psychiatric history, and family history.
(4) Results of all previously completed mental examinations.
(5) A description of any psychiatric symptoms or cognitive deficiencies, including any diagnosis.
(6) A determination as to whether or not as a result of mental disease or mental defect the child was incapable of distinguishing between right and wrong at the time of the offense.
C. The report of the sanity commission shall be admissible at the sanity hearing.
D. A member of the sanity commission may be called as a witness at the sanity hearing by the court, the defense, or the district attorney.
Acts 2008, No. 222, §1, eff. June 16, 2008.
A. On motion of the child or on its own motion, the court may require the district attorney to furnish a bill of particulars setting forth more specifically the nature and cause of the allegations charging that the child committed a delinquent act.
B. When a bill of particulars is furnished, it shall be filed with the clerk of court and a copy shall be given to the child or his counsel.
C. Supplemental bills of particulars may be ordered by the court at any time before the adjudication hearing.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. The court shall dismiss the petition unless its defects are cured by a supplemental bill of particulars if it finds from the bill of particulars and the petition either that:
(1) No delinquent act cognizable under the provisions of this Code was committed.
(2) The child named in the petition did not commit the delinquent act charged.
B. The defect will be cured if the district attorney furnishes, within a period fixed by the court, not to exceed three days from the order, another bill of particulars which either by itself or together with any particulars appearing in the petition so states the particulars as to make it appear that the offense charged was committed by the defendant.
C. If the district attorney fails to furnish a sufficient bill of particulars when ordered to do so by the court, the court may dismiss the petition.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
The child may move to suppress evidence obtained in violation of the Constitution of the United States or the Constitution of Louisiana.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. If it appears that the child or the state is prejudiced by a joinder of delinquent acts in the petition or by such joinder for trial together, the court may order separate adjudication hearings, grant severance, or provide whatever other relief justice requires.
B. If a petition joins a request to adjudicate the child delinquent with a request for adjudication on any other jurisdictional ground authorized by this Code, the court may, in the interests of justice, order separate adjudication hearings.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
Where petitions have been filed which allege that one or more children were involved in the commission of the same delinquent act or acts, the children shall be tried jointly unless either:
(1) The state elects to try them separately.
(2) The court, on motion of the child and after contradictory hearing with the district attorney, is satisfied that justice requires a severance.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. All objections to the proceedings, including objections based on defects in the petition and defenses capable of determination as a matter of law, may be raised by motion to dismiss.
B. Upon a finding of grounds to dismiss the petition as provided for in Paragraph A of this Article, the court shall order that the petition be dismissed.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2011, No. 172, §1.
The court shall dismiss a petition on the motion of the district attorney.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2011, No. 172, §1.
A. When the child is charged with a crime of violence as defined in R.S. 14:2(B) and the child is continued in custody pursuant to Chapter 5 of this Title, the adjudication hearing shall commence within sixty days of the appearance to answer the petition. In all other cases, if the child is continued in custody pursuant to Chapter 5 of this Title, the adjudication hearing shall commence within thirty days of the appearance to answer the petition.
B. If the child is not continued in custody, the adjudication hearing shall commence within ninety days of the appearance to answer the petition.
C. If the hearing has not been commenced timely, upon motion of the child, the court shall release a child continued in custody and shall dismiss the petition.
D. For good cause, the court may extend such period.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2012, No. 124, §1, eff. May 14, 2012.
A. The normal order of an adjudication hearing shall be:
(1) Presentation of evidence offered by the state.
(2) Presentation of evidence offered on behalf of the child.
(3) Presentation of evidence to rebut evidence offered on behalf of the child.
(4) Closing arguments of counsel.
B. With consent of counsel, the order may be varied. When the child is not represented by counsel, the order may not be varied.
C. The court may permit opening statements of the state and of counsel representing the child.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. The child, his parents, counsel, the district attorney, authorized officials of the court, and witnesses called by the parties may be present at the adjudication hearing.
B.(1) All proceedings in a juvenile delinquency case involving a crime of violence as defined in R.S. 14:2(B) or a delinquent act which is a second or subsequent felony-grade adjudication shall be open to the public.
(2) Except as otherwise provided by law, in all juvenile delinquency proceedings involving the violation of first degree murder (R.S. 14:30), second degree murder (R.S. 14:30.1), aggravated or first degree rape (R.S. 14:42), aggravated kidnapping (R.S. 14:44), armed robbery (R.S. 14:64), negligent homicide (R.S. 14:32), or vehicular homicide (R.S. 14:32.1), the court shall allow the victim, the victim's spouse, children, siblings, parents, grandparents, guardians, and legal custodians to be present at the adjudication hearing.
C. On its own motion the court may, and on the request of a party the court shall, order that the witnesses, other than parties, be excluded from the courtroom or from a place where they can see or hear the proceedings, and refrain from discussing the facts of the case with anyone other than counsel in the case. In the interest of justice, the court may exempt any witness from its order.
D. This Article does not authorize exclusion of any of the following witnesses:
(1) A party who is a natural person.
(2) A single officer or single employee of a party which is not a natural person designated as its representative or case agent by its attorney.
(3) A person whose presence is shown by a party to be essential to the presentation of his cause such as an expert.
(4) The victim of the offense or the family of the victim.
E. A court may impose appropriate sanctions for violations of its exclusion order including contempt, or when such sanctions are insufficient, disqualification of the witness.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 769, §1; Acts 1994, 3rd Ex. Sess., No. 120, §1, eff. July 7, 1994; Acts 1995, No. 1313 §1, eff. June 29, 1995; Acts 2011, No. 251, §2; Acts 2015, No. 184, §8; Acts 2023, No. 448, §1, eff. Jan. 1, 2024.
A. Among other rights guaranteed by Chapter 3 of this Title, at the adjudication hearing the child may introduce evidence, call witnesses, be heard on his own behalf, and cross-examine witnesses called by the state.
B. When a child has contested an adjudication based on his insanity, the members of the sanity commission may be called as witnesses by the court, the child, or the district attorney. Regardless of who calls them as witnesses, the members of the commission are subject to cross-examination by the child, by the district attorney, and by the court.
C. Other evidence pertaining to the defense of insanity at the time of the offense may be introduced at the adjudication hearing by the child and by the district attorney.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. The adjudication hearing in delinquency proceedings shall be conducted according to the provisions of the Code of Evidence applicable to criminal cases.
B. The child shall not be required to testify, and evidence obtained in violation of the child's rights under the Constitution of the United States or the Constitution of Louisiana shall not be admitted over objection.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. A confession made by an accused child without a knowing and voluntary waiver shall not be admissible unless the state proves beyond a reasonable doubt that it was freely and voluntarily given and was not made under the influence of fear, duress, intimidation, menaces, threats, inducements, or promises.
B. In making this determination, the court shall consider all of the following:
(1) The age of the child.
(2) The education of the child.
(3) The knowledge of the child as to both the substance of the charge, if any has been filed, and the nature of his rights to consult with an attorney and to remain silent.
(4) Whether the child is held incommunicado or allowed to consult with relatives, friends, or an attorney.
(5) Whether the child was interrogated before or after formal charges had been filed.
(6) The methods used in the interrogation.
(7) The length of the interrogation.
(8) Whether or not the child refused to voluntarily give statements on prior occasions.
(9) Whether the child has repudiated an extra-judicial statement at a later date.
Acts 2010, No. 593, §1.
The adjudication hearing shall be held before the court without a jury.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
In order for the court to adjudicate a child delinquent, the state must prove beyond a reasonable doubt that the child committed a delinquent act alleged in the petition.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. Following the adjudication hearing, the court shall immediately declare whether the evidence warrants an adjudication that the child is delinquent. In exceptional circumstances, the court may take the matter under advisement.
B. If the evidence demonstrates that the child's family is in need of services, the court may adjudicate the child's family to be in need of services and proceed to a disposition in accordance with Chapters 10 and 12 of Title VII.
C. If the court finds that the evidence does not warrant any requested or authorized adjudication, it shall dismiss the petition.
D. In addition to any other use provided for in this Code, a prior adjudication order of delinquency, whether felony grade or misdemeanor grade, may be used as a predicate offense for enhancement purposes in future juvenile delinquency proceedings only.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1999, No. 1317, §4; Acts 2004, No. 321, §1; Acts 2011, No. 321, §1.
A. When the child has admitted the allegations of the petition or when adjudicated delinquent for any of the following offenses, the court shall provide him with written notice of the requirements for registration as a sex offender:
(1) Aggravated or first degree rape as defined in R.S. 14:42.
(2) Forcible or second degree rape as defined in R.S. 14:42.1.
(3) Second degree sexual battery as defined in R.S. 14:43.2.
(4) Aggravated kidnapping of a child who has not attained the age of thirteen years pursuant to either R.S. 14:44 or 44.2.
(5) Second degree kidnapping of a child who has not attained the age of thirteen years as defined in R.S. 14:44.1.
(6) Aggravated crime against nature defined by R.S. 14:89.1(A)(2) involving circumstances defined by R.S. 15:541 as an aggravated offense.
(7) Aggravated crime against nature as defined in R.S. 14:89.1(A)(1).
B. The court shall use this form for the notice:
STATE IN THE INTEREST OF _________
_________ JUDICIAL DISTRICT COURT
DOCKET # __________ PARISH OF _________________________
DIVISION __________ STATE OF LOUISIANA
Notification to Sex Offender in accordance with Children's Code Article 884.1, this Court has the duty to provide _______________________ (name of juvenile) with the information necessary for awareness of sex offender and child predator registration requirements. _______________________ (name of juvenile) has admitted the allegations of the petition or has been adjudicated of a violation of R.S. ________. Based on the provisions of Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950 and the substance of the statute violated, IT IS ORDERED that ___________________ shall register for the period of ___________ from the date of his release from confinement being placed on aftercare, supervised release or probation, or from the date of his adjudication, if the disposition does not involve a term of confinement.
(1) You shall initially register with the sheriff and chief of police, if any, of the parish of the juvenile court in which you were adjudicated. Additionally, you shall update your registration, in person, every ninety days from the date of initial registration, with the sheriff and chief of police, if any, of the parish of your residence and the parish where you attend school or are employed.
Within three business days of establishing residence in Louisiana or if a current resident, within three business days after adjudication if not immediately committed to confinement or taken into custody, or within three business days after release from confinement, you shall obtain and provide all of the following information to each sheriff or police department (except in Orleans Parish where registration shall take place with the New Orleans Police Department):
(a) Name and any aliases.
(b) Physical address or addresses of residence.
(c) Name and physical address of place of employment. If you do not have a fixed place of employment, you shall provide information with as much specificity as possible regarding the places where you work, including but not limited to travel routes.
(d) Name and physical address of the school in which you are a student.
(e) Two forms of proof of residence for each residential address provided, including but not limited to a driver's license, bill for utility service, and bill for telephone service. If those forms of proof are not available, you may provide an affidavit of an adult resident living at the same address.
(f) The offense for which you were adjudicated and the date and place of the adjudication, and if known, the court in which the adjudication was obtained, the docket number of the case, the specific statute violated, and the disposition imposed. Note that this information is all contained at the beginning of this form.
(g) A current photograph, fingerprints, palm prints, and a DNA sample.
(h) Your telephone numbers, including fixed location phone, mobile phone numbers, or telephone number associated with any residence address.
(i) A description of every vehicle registered to or operated by you, including license plate number and a copy of your driver's license or identification card.
(j) Your social security number and date of birth.
(k) A description of your physical characteristics, including but not limited to sex, race, hair color, eye color, height, age, weight, scars, tattoos, or other identifying marks.
(l) Every e-mail address, online screen name, or other online identity you use or have used to communicate on the Internet.
(m) Temporary lodging information regarding any place where you plan to stay for seven or more days and the length of the planned stay.
(n) Travel and immigration documents, including but not limited to passports and documents establishing immigration status.
(2) If you are committed to the office of juvenile justice, you shall provide this information to that office within ten days prior to release from confinement. You shall still appear in person at the sheriff's office within three business days of release from confinement.
(3) During the declaration of an emergency if you enter an emergency shelter, you shall, within the first twenty-four hours of admittance, notify the management of the shelter, the chief of police of the municipality, and the sheriff of the parish in which the shelter is located of your sex offender status.
(4) You have a duty to provide notice of change of address or other registration information to the sheriff of the parish of residence within three business days. If the new or additional residence is located in a different parish, then you shall register with the sheriff of the parish in which the new or additional residence is located. You shall also send written notice within three business days of re-registering in the new parish to the sheriff of the parish of former registration.
(5) If you provide recreational instruction to persons under the age of seventeen, you shall post a notice in the building or facility where such instruction is being given.
(6) Within ten days prior to release from confinement in a correctional facility, you shall provide a photograph and other relevant information noted in this Article to the office of juvenile justice for purposes of the State Sex Offender and Child Predator Registry.
(7) If you change your place of residence or establish a new or additional residence, you shall appear in person at the office of the sheriff of your parish of residence where you are currently registered within three business days of the change to register the new address. If the new address is located in a different parish, then you shall also appear in person at the office of the sheriff of your new parish of residence within the same time period. If your parish of residence is in Orleans Parish, then the registration shall take place at the New Orleans Police Department and not with the Orleans Parish Sheriff's Office.
(8) If you are absent from your current address of registration for more than thirty consecutive days or an aggregate of thirty days or more in a calendar year, and are physically present at another address during that same period of time, you shall register the new address in person as one of your addresses of residence. If the new address is in a parish different from your current address, you shall also register in person with the sheriff of the new parish within three business days of the tolling of the time periods listed. This requirement notwithstanding, you shall still notify the sheriff of one of your parishes of residence in person if you are to take up temporary lodging for seven or more days. It is only after the thirty-day limit is exceeded that the new registration shall occur. If your address of residence is in Orleans Parish, this registration update shall take place at the New Orleans Police Department and not with the Orleans Parish Sheriff's Office.
(9) You shall also appear in person at the office of the sheriff of any of your parishes of residence when there is a change in your name, place of employment, or enrollment. This appearance shall occur within three business days of the change. If your address of residence is in Orleans Parish, this registration update shall take place at the New Orleans Police Department and not with the Orleans Parish Sheriff's Office.
(10) You shall also timely sign and return the periodic address verification form sent to you by the Louisiana Bureau of Criminal Identification and Information according to the instructions on the verification form.
(11) You shall update your registration annually on the anniversary of the initial registration by appearing in person at the office of each law enforcement agency with which you are required to register and shall pay an annual registration fee of sixty dollars ($60.00).
(12) Failure to comply with any of these registration and notification requirements is a felony for which you may be punished by a fine of up to one thousand dollars ($1,000.00) and imprisonment at hard labor for not less than two years nor more than ten years without benefit of parole, probation, or suspension of sentence. Upon a second or subsequent conviction, you may be punished by a fine of up to three thousand dollars ($3,000.00) and imprisonment at hard labor for not less than five years, nor more than twenty years without benefit of parole, probation, or suspension of sentence.
(13) If you have been adjudicated of a sex offense as defined in R.S. 15:541 involving a victim who was under the age of thirteen at the time of the offense, you are prohibited from residing or being present in certain locations. A copy of this statute is provided to you with this notification, if applicable.
THUS DONE AND SIGNED this ____ day of __________, 20 in open court, in _____________, Louisiana.
Judge, _____ Juvenile Court
I hereby certify that the above requirements have been explained to me, that I have received a copy of the above notice of sex offender registration and notification requirements, and a copy of the statutes providing for such requirements. I also understand that I will be subject to any changes made by the legislature to the registration laws from this day forward.
Signature of Juvenile
Defense Counsel Signature
Acts 2010, No. 594, §1; Acts 2014, No. 602, §1, eff. June 12, 2014; Acts 2015, No. 184, §8; Acts 2015, No. 256, §3.
A. Without any further hearing, whenever any child over the age of thirteen is adjudicated delinquent for the commission of any offense involving the possession, use, or abuse of alcohol or one or more controlled dangerous substances, any offense in violation of the Uniform Controlled Dangerous Substances Law, or any offense in violation of any provision of the Louisiana Drug Racketeering Act, the court shall order the child to relinquish his driver's license, if any, and shall order a denial of driving privileges, including the right to apply for driving privileges, by the child for a period of not less than thirty days but not more than one year.
B. In addition to any other authority granted by this Article, the court may issue an order which authorizes the Department of Public Safety and Corrections to issue a restricted driver's license to the child after the first thirty days of the suspension period upon a demonstration to the court's satisfaction that a hardship would result from the child being unable to commute to either school or work. In its discretion, the court shall determine the appropriate restrictions which shall last for the term of the suspension of driving privileges.
C.(1) In addition to any other authority granted by this Article, the court may order that upon the expiration of the first thirty days of the suspension period, the terms of the restricted driver's license include permission during the term of the suspension for the child to operate a motor vehicle for the purpose of going to and from meetings of Alcoholics Anonymous, approved group therapy, or special education courses for or about the disease of alcoholism, alcohol abuse, or drug use in a suitable public or private institution or state approved program if either:
(a) Bail was forfeited by the child for an offense of operating or being in actual physical control of a motor vehicle while under the influence of intoxicating beverages.
(b) The adjudication was the child's first adjudication of an offense involving the possession of any controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Law.
(2) If ordered by the court, a medical evaluation and recommendation is submitted which demonstrates that the child is pathologically addicted to alcohol or is a habitual alcoholic or other drug offender; or
(3) If ordered by the court, the child agrees to submit to medical treatment or medically approved group therapy or special education courses for or about the disease of alcoholism, alcohol abuse, or drug abuse, in a suitable public or private institution or state-approved program.
D. The privilege of driving with a restricted driver's license authorized by Paragraph B or C of this Article may be allowed only once to each child. A copy of the order containing the restrictions authorized by Paragraph B or C of this Article shall be attached to the license of the child and shall be in his possession whenever he is operating a motor vehicle.
E. A subsequent adjudication of delinquency for the offenses set out in Paragraph A of this Article or a violation of the restrictions imposed pursuant to either Paragraph B or C of this Article during the period of suspension shall result in the extension of the period of suspension for one year from the date upon which the child would otherwise have been able to apply for a new license. Such an adjudication or violation shall also constitute contempt of court.
F. The court shall prepare and send a copy of the order of denial of driving privileges, together with any special restrictions, to the Department of Public Safety and Corrections within ten days of the adjudication.
G. Any period of suspension imposed pursuant to this Article shall begin upon receipt by the Department of Public Safety and Corrections of the child's driver's license.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. At the conclusion of the hearing if the child has been adjudicated delinquent, the court shall consider whether the child should be released or held in custody pending a disposition hearing.
B. If the adjudication was based upon a misdemeanor-grade delinquent act, the child shall have a right to bail in accordance with the procedures established in Chapter 6 of this Title.
C. If the adjudication was based upon a felony-grade delinquent act, there is a presumption in favor of the child's right to bail unless the court has reason to believe, based upon competent evidence, that the release of the child will pose a danger to any other person or the community. If the child is to be released, the court shall set bail according to the procedures established in Chapter 6 of this Title.
D. If the child is held in custody, the court may place him in a juvenile detention center, in a public or private facility for juveniles, in a private home subject to the supervision of the court, or in any other suitable facility for juveniles authorized by the court.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. On motion of the child prior to disposition, a delinquency adjudication shall be vacated and the child discharged if, after contradictory hearing, the court finds that:
(1) The petition is substantially defective, in that an essential averment is omitted, although the child may be recharged by a new petition within the time limitations provided by law for that offense.
(2) The delinquent act charged in the petition is not based upon an offense which is punishable under a valid statute.
(3) The court making the adjudication lacked jurisdiction.
(4) The act charged constitutes double jeopardy, if not previously urged.
(5) The prosecution was not timely instituted, if not previously urged.
B. On motion of the child before disposition, an adjudication shall be vacated and a new adjudication hearing ordered if, after a contradictory hearing, the court finds that:
(1) The adjudication is not responsive to the petition, or is otherwise so defective that it will not form the basis of a valid judgment, in which case the child shall be remanded to custody or bail to await a new adjudication hearing.
(2) The adjudication was obtained by fraud or mistake sufficient to justify vacating the adjudication.
(3) The child and his counsel satisfy the requirements of Articles 851(3), 853, and 854 of the Code of Criminal Procedure regarding the discovery of new and material evidence.
(4) The adjudication judgment is contrary to the law and evidence.
C. If the court is of the opinion that the ends of justice would be served, it may vacate the adjudication prior to disposition, although the child may not be entitled to such relief as a matter of strict legal right.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. Following the adjudication, the court may order such physical and mental examination and evaluation of the child as may be helpful in determining a fair and just disposition.
B. In conjunction with such an examination or evaluation, the court may order the preparation of a social summary and case history about the child, including otherwise confidential information within the court's records, for submission to the evaluator.
C. The court may, after due notice to the parent, order the parent to pay all or part of the expense of any evaluation or examination. The court shall make a determination of the parent's ability to pay according to the procedures of Article 406.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
Copies of any reports of findings submitted to the court pursuant to Article 888 shall be made available to the district attorney and counsel for the child.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. In making the investigation, the probation officer shall investigate and report to the court regarding:
(1) The circumstances attending the commission of the offense; the attitudes of the child and his parents toward the offense; the prior offenses committed by the child, including other referrals or contacts not resulting in juvenile court petitions; and, when applicable, the disposition of companion cases arising out of this offense.
(2) The impact on the victim, if a child is adjudicated of or admits to a delinquent act involving a victim. The court shall require that a victim impact statement be included in the predisposition report. The victim impact statement shall include factual information as to whether the victim or his family has suffered, as a result of the offense, any monetary loss, medical expense, or physical impairment, and shall include any other information deemed relevant. The district attorney may also file a victim impact statement with the court.
(3) The child's home environment including his family's composition and dynamics, stability, economic status, participation in community or religious activities, and any physical, mental, or emotional handicaps, substance abuse, or criminal history of any of its members.
(4) The child's current physical description, developmental and medical history, social adjustment in the community, school record, including the name and address of the school where the child is registered and enrolled, employment or vocational interest, significant behavior patterns, or other personality traits relevant to his rehabilitation.
B. The report shall contain a list of all persons contacted in completing the investigation and their relationship to the child.
C. The report shall contain a brief statement of the child's identified behavioral problems and the probation officer's assessment of cause and potential for rehabilitation, indicating specifically those resources available in the community or within the child's extended family which could provide needed assistance to the child and his family.
D. The report shall contain recommendations for suggested disposition, including, if applicable, special conditions of supervision.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1993, No. 840, §1.
A. Copies of the predisposition report shall be made available to the district attorney and counsel for the child at least three days in advance of any scheduled disposition hearing. Such period may be extended for good cause.
B. The court may order that the predisposition report be edited to protect the identity of confidential sources or to exclude the recommendations of the probation officer. In addition, the court may caution the district attorney or counsel for the child not to disclose any such information contained within the report which may prove harmful to the child.
C. If the child is unrepresented by counsel, the court shall disclose to the child the factual contents of the predisposition report.
D. After August 15, 1993, and within thirty days after receiving a predisposition report, the sentencing court shall order the release of any portion of a predisposition report containing and limited to the instant arrest, conviction, adjudication, or disposition of a child in grades nine through twelve, who is arrested, charged, or adjudicated a delinquent for committing a felony-grade delinquent act or a misdemeanor-grade delinquent act involving distribution or possession with intent to distribute a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Law, to the principal of the school in which the child is registered and enrolled or registered and enrolled but suspended.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 840, §1.
Prior to entering a judgment of disposition, the court shall conduct a disposition hearing. The disposition hearing may be conducted immediately after the adjudication and shall be conducted within thirty days after the adjudication. Such period may be extended for good cause.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. At the disposition hearing, unless the child waives the presentation, the court shall hear evidence as to whether the child is in need of treatment or rehabilitation and shall make and file its findings.
B. All evidence helpful in determining the proper disposition, including oral and written reports, the report of the predisposition investigation, any reports of mental evaluation, and all other evidence offered by the child or the state shall be received by the court and may be relied upon to the extent of its probative value even though not admissible at the adjudication hearing. Upon motion of the district attorney or the child, the court may hear testimony from the victim of the offense.
C. Counsel for the state and for the child shall be afforded an opportunity to present evidence and to examine and controvert written reports so received and to cross-examine individuals preparing the reports or other witnesses who give testimony at the hearing. Sources of confidential information need not be disclosed.
D. If the court finds that the child is in need of treatment or rehabilitation as a delinquent child, the court shall proceed immediately to make any appropriate disposition authorized by Articles 895 through 899.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
In cases in which a child has not been adjudicated a delinquent and has been found to be insane at the time of the offense, the court may take any of the following actions:
(1) Place the child in the custody of his parents or other suitable person under such terms and conditions as deemed in the best interests of the child and the public.
(2) Place the child on probation in the custody of his parents or other suitable person under such terms and conditions as deemed in the best interests of the child and the public.
(3) Commit the child to the Louisiana Department of Health, office of behavioral health or a private mental institution or an institution for persons with mental illness pursuant to Article 895 of this Chapter.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2014, No. 811, §33, eff. June 23, 2014.
A. In cases in which a child has been adjudicated a delinquent, the court may commit the child to a public or private mental institution or institution for persons with mental illness if the court finds, based on psychological or psychiatric evaluation, that the child has a mental disorder, other than an intellectual disability, that has a substantial adverse effect on the child's ability to function and requires care and treatment in an institution.
B. This finding shall not be made without a contradictory hearing and notice to the Louisiana Department of Health, bureau of legal services, and unless the child is accorded counsel in accordance with Article 809.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014; Acts 2024, No. 92, §1.
A. At any time after the entry of an adjudication order, the court may, on motion of the district attorney or of counsel for the child, suspend further proceedings and place the child on supervised or unsupervised probation, with or without any of the conditions authorized by Article 897(B)(1) or Article 899(B)(1).
B. The child and his parent must consent to this special type of disposition. If the child has waived counsel, the court must advise the child and his parent concerning the consequences of a deferred dispositional agreement and of the child's right to have a disposition imposed by the court in accordance with Articles 897 through 900.
C. A deferred dispositional agreement order shall comply with all the requirements of Article 903.
D. A deferred dispositional agreement shall remain in force for six months unless the child is discharged sooner by the court. Upon application of the district attorney or by any agency supervising the child made before the expiration of the six-month period, a deferred dispositional agreement order may be extended by the court for an additional period not to exceed six months, or for such period in which the child is a full-time participant in a juvenile drug court program operated by a court of this state, whichever period is longer.
E. If prior to the expiration of the order a new petition alleging the commission of a delinquent act is filed against the child, or the child otherwise fails to fulfill the express terms and conditions of the order, the court may proceed to impose any disposition authorized by this Title and the child may be held accountable as if the deferred dispositional agreement order had never been entered.
F. If the child satisfactorily completes the court ordered period of supervision, the court shall discharge the child from any further supervision or conditions, set aside the adjudication, and dismiss the petition with prejudice.
G. Pursuant to the provisions of this Article, the court has the authority to utilize or initiate a teen or youth court program and may assess a fee to a participant in the program to offset costs.
H. Notwithstanding any provision of law to the contrary, a child shall not be eligible for a deferred dispositional agreement as provided in this Article if the child has been convicted of a crime of violence as defined in R.S. 14:2(B).
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2003, No. 334, §1; Acts 2003, No. 940, §1; Acts 2022, No. 565, §1.
In addition to any other disposition which may be ordered as a result of adjudication, the court may recommend that the child, if eligible, participate in the pilot program established pursuant to the provisions of Part VI of Chapter 7 of Title 15, R.S. 15:971 et seq.
Acts 2009, No. 170, §1, effective if and when sufficient funds are appropriated.
A. After adjudication of any felony-grade delinquent act other than those described in Article 897.1, the court may:
(1) Reprimand and warn the child and release him into the custody of his parents either unconditionally or subject to such terms and conditions as deemed in the best interests of the child and the public.
(2) Reprimand and warn the child and release him into the custody of some other suitable person either unconditionally or subject to such terms and conditions as deemed in the best interests of the child and the public. The court shall, whenever practicable, select a person of the same religious faith as the child or his parents.
(3) Place the child on probation in the custody of his parents or other suitable person.
B. As conditions of probation, if ordered pursuant to Subparagraph (A)(3) of this Article:
(1) The court shall impose all of the following restrictions:
(a) Prohibit the child from possessing any drugs or alcohol.
(b) Prohibit the child from engaging in any further delinquent or criminal activity.
(c) Prohibit the child from possessing a firearm or carrying a concealed weapon, if he has been adjudicated for any of the following offenses and probation is not otherwise prohibited: first or second degree murder; manslaughter; aggravated battery; aggravated or first degree rape, forcible or second degree rape, or simple or third degree rape; aggravated crime against nature as defined by R.S. 14:89.1(A)(1); aggravated kidnapping; aggravated arson; aggravated or simple burglary; armed or simple robbery; burglary of a pharmacy; burglary of an inhabited dwelling; unauthorized entry of an inhabited dwelling; or any violation of the Uniform Controlled Dangerous Substances Law which is a felony or any crime defined as an attempt to commit one of these enumerated offenses.
(2) The court may impose any other term and condition deemed in the best interests of the child and the public, including:
(a) A requirement that the child attend school, if the school admits the child.
(b) A requirement that the child perform court-approved community service activities.
(c) A requirement that the child and his parent or legal guardian cooperate in connection with any part of the disposition order, including but not limited to a court-approved decisionmaking course necessary for his rehabilitation.
(d) A requirement that the child make reasonable restitution to any victim for any personal or property damage caused by the child in the commission of the delinquent act.
(e) A requirement that the child participate in any program of medical or psychological or other treatment found necessary for his rehabilitation.
(f) A requirement suspending or restricting the child's driving privileges, if any, for all or part of the period of probation. In such cases, a copy of the order shall be forwarded to the Department of Public Safety and Corrections, which shall suspend the child's driver's license or issue a restricted license in accordance with the order of the court.
(g) A requirement prohibiting the child from possessing a firearm or carrying a concealed weapon.
(h) A requirement that the child pay a supervision fee of not less than ten nor more than one hundred dollars per month, payable to the Department of Public Safety and Corrections or other supervising agency, to defray the costs of supervision. The amount of the fee shall be based upon the financial ability of the payor to pay such a fee. The court may order a parent, tutor, guardian, or other person who is financially responsible for the care of the child to be responsible for payment of all or part of any supervision fee imposed.
C. Except as provided for in Article 897.1, the court may commit the child to the custody of a private or public institution or agency. When commitment is to be made to a private institution or agency, the court shall:
(1) Select one that has been licensed under state law, if licensure is required by law for such an institution or agency.
(2) Whenever practicable, select an agency or institution of the same religious faith as the child or his parents.
D. Except as provided in Article 897.1, the court may commit the child to the custody of the Department of Public Safety and Corrections, with or without a recommendation that the child be placed in alternative care facilities through the department's client placement process, or be referred to appropriate placement resources in the state available through other public or private agencies.
E. Except as provided for in Article 897.1, the court may impose but suspend the execution of the whole or part of any order of commitment and place the child on probation subject to any of the terms and conditions authorized under Paragraph B of this Article.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 299, §1; Acts 1993, No. 430, §2; Acts 2003, No. 567, §1; Acts 2014, No. 602, §1, eff. June 12, 2014; Acts 2015, No. 184, §8; Acts 2022, No. 674, §1.
A. After adjudication of a felony-grade delinquent act based upon a violation of R.S. 14:30, first degree murder or R.S. 14:30.1, second degree murder, the court shall commit the child who is fourteen years or older at the time of the commission of the offense to the custody of the Department of Public Safety and Corrections to be confined in secure placement until the child attains the age of twenty-one years without benefit of parole, probation, suspension of imposition or execution of sentence, or modification of sentence.
B. After adjudication of a felony-grade delinquent act based upon a violation of R.S. 14:42, first degree rape, or R.S. 14:44, aggravated kidnapping, the court shall commit the child who is fourteen years or older at the time of the commission of the offense to the custody of the Department of Public Safety and Corrections to be confined in secure placement until the child attains the age of twenty-one years without benefit of probation, suspension of imposition or execution of sentence, or modification of sentence.
C. Except as provided in Paragraphs A and B of this Article, after adjudication of a felony-grade delinquent act based upon a violation of R.S. 14:64, armed robbery, or R.S. 14:64.2, carjacking, or for a second or subsequent offense that is a crime of violence, as defined in R.S. 14:2(B), the court shall commit the child who is fourteen years of age or older at the time of the commission of the offense to the custody of the Department of Public Safety and Corrections, or to the custody of a secure public or private institution, to be confined in secure placement without benefit of probation or suspension of imposition or execution of sentence.
D. Juveniles confined in secure placement for an adjudication as set forth in Paragraph C of this Article shall be eligible for modification after serving twenty-four months of the disposition or if the disposition is less than thirty-six months, one-half of the disposition.
E. A motion for modification of a disposition shall be filed pursuant to Article 910 et seq. and a contradictory hearing shall be set no sooner than thirty days from the date of notice to the district attorney. To grant a motion for modification of disposition, the court must find that the child poses a reduced risk to the community based on the following considerations:
(1) The child has a favorable progress report from the placement facility.
(2) The child meets one of the following work or self-improvement criteria:
(a) Has attained a high school diploma or equivalent.
(b) Is actively participating in workforce training or a certification program and is in good standing as evidenced by grades and behavior notes submitted by the child's instructors.
(3) The child has obtained a low-risk designation as determined by a valid risk assessment procedure approved by the office of juvenile justice.
(4) The recommendation of the office of juvenile justice.
(5) A reentry plan that includes an appropriate placement to conduct supervision and achieve aftercare goals.
(6) Any additional evidence provided by the child, the state, or the office of juvenile justice.
F. At least six months prior to the release of the child, the department shall prepare an individualized and thorough transitional plan that identifies the techniques, programs, personnel, and facilities that will be used to assist the child in achieving a successful return to his family and the community. A copy of the transitional plan shall be mailed to the court that ordered the disposition of commitment.
G. The provisions of this Article shall apply to all children in the custody of the Department of Public Safety and Corrections, office of juvenile justice, on or after August 1, 2018.
Acts 1993, No. 430, §2; Acts 2004, No. 484, §1; Acts 2015, No. 184, §8; Acts 2018, No. 467, §2; Acts 2023, No. 420, §1; Acts 2024, 2nd Ex. Sess., No. 14, §1, eff. July 1, 2024.
A. Notwithstanding any other provision of law to the contrary, no judgment of disposition shall remain in force for a period exceeding the maximum term of imprisonment for the felony forming the basis for the adjudication. The court shall give a child credit for time spent in secure detention prior to the imposition of disposition.
B. If a child is adjudicated delinquent for a felony-grade offense that is not a crime of violence as defined in R.S. 14:2 and is committed to the custody of the Department of Public Safety and Corrections pursuant to Article 897(D):
(1) The total duration of the commitment served shall not exceed nine months, including credit for time spent in secure detention prior to the imposition of the disposition unless all of the following conditions are met:
(a) The child is brought in person before the court for a contradictory modification hearing, pursuant to Article 909 et seq., before the lapse of the maximum duration of the initial nine-month commitment. The hearing date shall be set by the court at the time of disposition.
(b) The court finds by clear and convincing evidence that the child's treatment cannot be accessed and completed in a less restrictive setting.
(2) If the child's commitment is continued beyond nine months, a contradictory modification hearing shall occur on the date of the hearings scheduled as required by Article 906(B)(1). At any such hearing, the child shall be released unless the court determines by clear and convincing evidence that the child's treatment cannot be accessed and completed in a less restrictive setting. The total duration of disposition shall not exceed the maximum provided in this Article.
(3) The provisions of this Paragraph may be waived at the time of disposition if the waiver is knowing, intelligent, and voluntary and made after the child is afforded an adequate and meaningful opportunity to consult with counsel.
(4) The provisions of this Paragraph shall apply to all children in the custody of the office of juvenile justice on and after August 1, 2018. If a child in the custody of the office of juvenile justice on August 1, 2018, has not had a hearing scheduled pursuant to this Paragraph, the court shall schedule a hearing no later than September 30, 2018, and, if a child is eligible for a hearing, the hearing shall take place no later than October 30, 2018.
C. If a child is adjudicated delinquent for a felony-grade offense that is not a crime of violence as defined in R.S. 14:2 and is placed on probation:
(1) The duration of the probation shall not exceed eighteen months unless all of the following conditions are met:
(a) The child is brought in person before the court for a contradictory modification hearing, as provided in Article 909 et seq., before the lapse of the maximum duration of the initial eighteen-month probationary period. The hearing date shall be set by the court at the time of disposition.
(b) The court finds by clear and convincing evidence that continued probation is necessary for completion of the child's treatment.
(2) If probation is continued beyond eighteen months, a contradictory modification hearing shall occur not less than every six months from the disposition. At any such hearing, if the court determines by clear and convincing evidence that extending the child's probation is not necessary to complete treatment, the child shall be released. The total duration of disposition shall not exceed the maximum provided in this Article.
(3) The provisions of this Paragraph may be waived at the time of disposition if the waiver is knowing, intelligent, and voluntary and made after the child is afforded an adequate and meaningful opportunity to consult with counsel.
D. When modification and parole is not prohibited by Article 897.1, if an order of commitment to custody of the Department of Public Safety and Corrections is subsequently modified and the child is placed on parole, the maximum term of parole shall be the remainder of the sentence originally imposed.
E. These maximums do not apply if:
(1) The child was under thirteen at the time of a commitment to custody of the Department of Public Safety and Corrections, in which case the judgment shall terminate upon the child's reaching age eighteen.
(2) A portion of an order of commitment was suspended, when permitted by law, in which case the term of parole shall end when the time period so suspended has elapsed.
(3) The child is tried as an adult and is convicted of, or pleads guilty to a felony after having been committed to the Department of Public Safety and Corrections. In this instance, after sentencing, the department shall have the authority to keep the offender in custody according to terms of the juvenile disposition, or to transfer him to serve his adult sentence. The department shall retain such authority until the expiration of the juvenile commitment when, if not effected earlier, the individual will be transferred to begin serving the adult sentence.
(4) The judgment expires by its own terms, is modified when permitted by law, or is vacated.
(5) The child reaches age twenty-one.
(6) The child is ordered to participate in a juvenile drug court program operated by a court of this state, as a condition of probation, so long as the child is a full-time participant in such juvenile drug court program.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 430, §2; Acts 1995, No. 969, §1; Acts 1995, No. 1158, §1; Acts 2003, No. 334, §1; Acts 2016, No. 499, §2; Acts 2016, No. 617, §1; Acts 2018, No. 355, §1.
A. After adjudication of a misdemeanor-grade delinquent act, the court may:
(1) Reprimand and warn the child and release him into the custody of his parents either unconditionally or subject to such terms and conditions as deemed in the best interests of the child and the public.
(2) Reprimand and warn the child and release him into the custody of some other suitable person either unconditionally or subject to such terms and conditions as deemed in the best interests of the child and the public. The court shall, whenever practicable, select a person of the same religious faith as the child or his parents.
(3) Place the child on probation in the custody of his parents or other suitable person.
B. As conditions of probation, if ordered pursuant to Subparagraph (A)(3) of this Article:
(1) The court shall impose all of the following restrictions:
(a) Prohibit the child from possessing any drugs or alcohol.
(b) Prohibit the child from engaging in any further delinquent or criminal activity.
(2) The court may impose any other term and condition deemed in the best interests of the child and the public, including:
(a) A requirement that the child attend school, if the school admits the child.
(b) A requirement that the child or his parent or legal guardian perform court-approved community service activities. If feasible, the court-approved community service activities shall be conducted by the caretaker and child together.
(c) A requirement that the adjudicated child make reasonable restitution to any victim for any personal or property damage caused by the child in the commission of the delinquent act.
(d) A requirement that the child participate in any program of medical or psychological or other treatment found necessary for his rehabilitation.
(e) A requirement suspending or restricting the child's driving privileges, if any, for all or part of the period of probation. In such cases, a copy of the order shall be forwarded to the Department of Public Safety and Corrections, which shall suspend the child's driver's license or issue a restricted license in accordance with the order of the court.
(f) A requirement prohibiting the child from possessing a firearm or carrying a concealed weapon.
(g) A requirement that the child pay a monthly supervision fee of not less than ten nor more than one hundred dollars per month, payable to the Department of Public Safety and Corrections or other supervising agency, to defray the cost of supervision. The court may order a parent, tutor, guardian, or other person who is financially responsible for the care of the child to be responsible for payment of all or part of any supervision fee imposed.
(h) A requirement that the child and his parent or legal guardian cooperate in connection with any part of the disposition order, including but not limited to a court-approved decisionmaking course necessary for his rehabilitation.
C. The court may commit the child to the custody of a private or public institution or agency. When commitment is to be made to a private institution or agency, the court shall:
(1) Select one that has been licensed under state law, if licensure is required by law for such an institution or agency.
(2) Whenever practicable, select an agency or institution of the same religious faith as the child or his parents.
D. If the child is thirteen years of age or older at the time of the commission of the delinquent act, the court may commit the child to the custody of the Department of Public Safety and Corrections, with or without a recommendation that the child be placed in alternative care facilities through the department's client placement process, or be referred to appropriate placement resources in the state available through other public or private agencies.
E. The court may impose but suspend the execution of the whole or part of any authorized order of commitment and place the child on probation subject to any of the terms and conditions authorized under Paragraph B of this Article.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 299, §1; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2003, No. 567, §1; Acts 2010, No. 314, §1; Acts 2022, No. 674, §1.
A. No judgment of disposition shall remain in force for a period exceeding the maximum term of imprisonment for the offense which forms the basis for the adjudication, except that if the child is placed on probation, the term of probation may extend for a maximum of one year, or for such longer period of time as the child is a full-time participant in a juvenile drug court program operated by a court of this state, if such participation has been ordered by the court as a condition of the child's probation. The court shall give a child credit for time spent in secure detention prior to the imposition of disposition.
B. If an order of commitment to the custody of the Department of Public Safety and Corrections is subsequently modified and the child is placed on parole, the maximum term of parole shall be the remainder of the sentence originally imposed.
C. These maximums do not apply if:
(1) A portion of an order of commitment was suspended, in which case the term of parole shall end when the time period so suspended has elapsed.
(2) The child commits a felony after having been committed to the custody of the Department of Public Safety and Corrections or while on probation and is tried as an adult and convicted or pleads guilty, in which case the judgment of disposition in the juvenile court shall terminate as of the date of conviction. The child shall earn no diminution of his felony sentence based upon time served under the order of disposition.
(3) The judgment expires by its own terms, is modified, or is vacated.
(4) The child reaches age twenty-one.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2003, No. 334, §1; Acts 2016, No. 499, §2.
A. Except as provided in Article 897.1, in considering dispositional options, the court shall not remove a child from the custody of his parents unless his welfare or the safety and protection of the public cannot, in the opinion of the court, be adequately safeguarded without such removal.
B. Except as provided in Article 897.1, the court should impose the least restrictive disposition authorized by Articles 897 through 900 of this Title which the court finds is consistent with the circumstances of the case, the needs of the child, and the best interest of society.
C. Except as provided in Article 897.1, commitment of the child to the custody of the Department of Public Safety and Corrections may be appropriate if any of the following exists:
(1) There is an undue risk that during the period of a suspended commitment or probation the child will commit another crime.
(2) The child is in need of correctional treatment or a custodial environment that can be provided most effectively by his commitment.
(3) A lesser disposition will deprecate the seriousness of the child's delinquent act.
(4) The delinquent act involved the illegal carrying, use, or possession of a firearm.
D. Except as provided in Article 897.1, the following grounds, while not controlling the discretion of the court, shall be accorded weight in its determination of suspension of the disposition or probation:
(1) The child's delinquent conduct neither caused nor threatened serious harm.
(2) The child did not contemplate that his delinquent conduct would cause or threaten serious harm.
(3) The child acted under strong provocation.
(4) There were substantial grounds tending to excuse or justify the child's delinquent conduct, though failing to establish a defense.
(5) The victim of the child's delinquent conduct induced or facilitated its commission.
(6) The child or his family has compensated or will compensate the victim of his delinquent conduct for the damage or injury that the victim sustained.
(7) The child has no history of prior delinquency or has led a law-abiding life for a substantial period of time before the commission of the instant delinquent act.
(8) The child's delinquent conduct was the result of circumstances unlikely to recur.
(9) The character and attitudes of the child indicate that he is unlikely to commit another delinquent act or crime.
(10) The child is particularly likely to respond affirmatively to probationary treatment.
(11) The commitment of the child would entail excessive hardship to himself or his family.
E. State agencies shall fully cooperate with any court which has authority with respect to the placement of a child in foster care for the purpose of locating a parent of the child. Such cooperation shall include making available all information obtained from the Federal Parent Locator Service.
F. The court shall notify the child in writing of the expungement and sealing procedures set forth in Article 917 et seq.
G. Repealed by Acts 2018, No. 467, §3.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 430, §2; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2004, No. 484, §1; Acts 2007, No. 334, §1; Acts 2015, No. 184, §8; Acts 2017, No. 362, §1; Acts 2018, No. 467, §§2, 3.
A. When the court suspends the imposition or execution of sentence and places the child or his parent or both on supervised probation or grants the child supervised parole, and the probationer or parolee is to be supervised by the Department of Public Safety and Corrections or any other agency, the court shall order payment, as a condition of probation or parole, of a monthly supervision fee. The supervision fee imposed shall not exceed fifty dollars per month and shall be payable to the department or other supervising agency to defray the costs of supervision. These funds are only to supplement the level of funds that would ordinarily be available from regular state or other appropriations.
B. The parent is responsible for payment of any supervision fee imposed and is subject to contempt of court for failure to pay such fees. The parent shall not be subject to judicial sanctions for failure to pay supervision fees if the failure was due to financial inability to pay based upon reasonable expenses for the necessities of life.
Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1995, No. 794, §1; Acts 2012, No. 173, §1; Acts 2012, No. 669, §1.
All parties shall be present when the court enters a judgment of disposition. Witnesses need not be present.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A.(1) Before entering a judgment of disposition, the court shall orally inform the child and shall state for the record the considerations taken into account and the factual basis therefor in imposing the particular disposition chosen.
(2) In every case or proceeding involving a judgment of disposition of a child, the court shall refrain from manifesting by any words or conduct, bias or prejudice based on race, sex, religion, national origin, age, or disability.
B. The court shall enter into the record a written judgment of disposition specifying all of the following:
(1) The offense for which the child has been adjudicated a delinquent.
(2) The nature of the disposition.
(3) The agency, institution, or person to whom the child is assigned.
(4) The conditions of probation, if applicable.
(5) Any other applicable terms and conditions regarding the disposition.
(6) The maximum duration of the disposition and, if committed to the custody of the Department of Public Safety and Corrections, the maximum term of the commitment.
(7) An order of expungement to be made executory at the end of the disposition unless, at the end of the disposition, a person or agency files an objection using the form provided in Article 926 on any of the following grounds:
(a) The adjudication was for murder, manslaughter, an offense requiring registration as a sex offender under R.S. 15:542, kidnapping, or armed robbery.
(b) The child has a criminal court felony conviction or a criminal court conviction for a misdemeanor involving a firearm against a person.
(c) The child has an outstanding indictment or bill of information for a felony charge or a charge of a misdemeanor involving a firearm against a person.
C. The order of commitment may require the department to take physical custody of a child adjudicated a delinquent, committed to its custody pursuant to Article 897(D) or Article 899(D), and recommended by the court or the department for assignment to a secure program or facility, within fourteen days from the date of the court's signing of the judgment of disposition when the child is in or is going to be placed in the physical custody of a parish juvenile facility. If a court modifies a judgment of disposition, in accordance with Chapter 17, and gives the department custody of the adjudicated delinquent, the provisions of this Article and R.S. 15:901 apply.
D. An extract of the minutes of court specifying the information required by Paragraph B of this Article and signed by the court shall be considered a written judgment of disposition.
E. The date of entry of the judgment of disposition shall be recorded on the judgment.
F. Upon request, a copy of the judgment of disposition shall be furnished to the parent.
G.(1) The court shall provide to the child, in plain language, the following information:
(a) Information regarding the rights and procedures of expungement and sealing of juvenile records.
(b) Information regarding expungement, including instructions to the child that when his records are expunged he is not required to disclose that he has a juvenile record.
(c) The expungement motion provided in Article 925.
(2) Failure of the court to inform the child of the right to petition for expungement shall not create a substantive right and shall not constitute grounds for a reversal of an adjudication of delinquency, grounds for a new trial, or grounds for an appeal.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 200, §1; Acts 1993, No. 873, §2; Acts 1997, No. 615, §1, eff. July 3, 1997; Acts 2003, No. 762, §1; Acts 2017, No. 362, §1.
If the child is assigned to the custody of the Department of Public Safety and Corrections or to the custody of a public or private institution or agency, the court shall transmit with the judgment of disposition all relevant reports concerning the child.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. Any institution or agency to which a child is assigned, upon request, shall provide the court any information concerning the condition, supervision, treatment, or rehabilitation program of the child. When such information is provided to the court, it shall also be provided to the state and to counsel for the child at the same time it is provided to the court.
B. Any institution, agency, or person to which a child is assigned shall, not less than once every six months, report in writing the whereabouts and condition of the child to the judge who rendered the judgment of disposition and to counsel for the child. Such reports shall be provided to the court, counsel for the child, and the district attorney not less than one week before any in-court review hearing.
C. If the child is indigent, the information and reports contemplated by this Article shall be furnished at no cost to the child, the child's family, or to counsel. Representation by a public defender shall create an irrebuttable presumption of indigence for the purposes of this Article.
D. Information and reports required by this Article may be submitted electronically to the extent practicable.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2016, No. 617, §1; Acts 2022, No. 217, §1.
A. When a child is assigned to the secure custody of the Department of Public Safety and Corrections following an adjudication of delinquency, the department shall assess the child's academic grade level using a research-based diagnostic tool within thirty days of the child's admission to a secure care facility.
B. The department shall develop a written academic plan for the child based upon all of the following criteria for each individual child:
(1) Grade level diagnostic test results.
(2) Past academic performance.
(3) The individualized education plan or individualized learning plan, as applicable.
(4) The length of time the child will be in the department's secure custody.
C. If the child tests at grade level or above, the individualized education plan or individualized learning plan shall be structured to allow the child to timely prepare for or earn a high school diploma, General Educational Development Certification or certificate of achievement from the Special School District, during the period the child is in the department's secure custody.
D. If the child tests below grade level, the individualized education plan or individualized learning plan shall be structured, depending on the child's abilities, to bring the child's academic performance up to grade level or as reasonably close thereto as possible, during the period the child is in the department's secure custody.
E. The department shall submit the individualized education plan or individualized learning plan to the court within forty-five days of the child's admission to the secure care facility and a copy shall be provided to the parents or guardian of the child, the district attorney, and counsel for the child at the time it is submitted to the court.
F. A report on the child's academic progress shall be included in the department's quarterly report to the court.
G. For purposes of this Code, "individualized learning plan" shall include vocational training.
H. Upon discharge from the department's custody, a copy of the child's academic plan and all progress reports shall be provided to the child's parents or guardian. The department shall provide this information to the school or academic program in which the child is thereafter enrolled upon written request.
Acts 2012, No. 629, §1, eff. June 7, 2012; Acts 2024, No. 124, §1.
A.(1) The medical staff of a mental institution to which a child is committed or placed by the Louisiana Department of Health after the child has been found not guilty by reason of insanity or after a court determines that the child lacks mental capacity to proceed shall review the child's record after the first sixty days, again after one hundred twenty days of commitment, and every one hundred eighty days thereafter.
(2) The purpose of these reviews is to determine the child's present mental condition and whether he is presently capable of being discharged, conditionally or unconditionally, or being placed on probation, without being a danger to others or himself, or is presently capable of proceeding.
(3) The department or the superintendent of the private institution shall make such recommendations to the court as provided in Article 835 or 838.
B.(1) Any child committed by a court to the custody of the office of juvenile justice must be physically transported to the committing court for an in-person review hearing not more than six months after the child's commitment, and at least every six months thereafter, unless such an in-person hearing is waived by counsel for the child and by the committing court. The date of the initial review hearing shall be set by the court at the time of disposition.
(2) The purpose of the hearing shall be to ensure the child is receiving necessary treatment and services and all terms and conditions of his disposition are followed. The court may also consider any motions for modification of disposition pursuant to Article 909 et seq. at the hearings.
(3) For the purposes of this Paragraph, a child is deemed "committed by a court to the custody of the office of juvenile justice" if he is judicially committed to the legal custody of the office of juvenile justice, regardless of where the child is physically held, including but not limited to state-run secure facilities, state-run nonsecure facilities, private facilities with which the office of juvenile justice contracts, and detention centers.
(4) The provisions of this Paragraph shall apply to all children in the custody of the office of juvenile justice on and after August 1, 2018. If a child in the custody of the office of juvenile justice on August 1, 2018, has not had a hearing scheduled pursuant to this Paragraph, the court shall schedule a hearing no later than September 30, 2018, and, if a child is eligible for a hearing, the hearing shall take place no later than October 30, 2018.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2016, No. 617, §1; Acts 2018, No. 355, §1.
If the Department of Public Safety and Corrections makes a placement of a child committed to its legal custody in a foster home or child care institution for which the department claims funding under 42 U.S.C. §672(c), it shall be subject to the permanency planning requirements of Chapters 13, 15, and 16 of Title VI, except that the time limitations for the preparation of case plans, and administrative and judicial reviews shall date from the time when such an initial placement is made.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. Notwithstanding any other provisions of law to the contrary, the Department of Public Safety and Corrections, office of juvenile justice, shall have sole authority over the placement, care, treatment, or any other considerations deemed necessary from the resources that are available for children judicially committed to the department.
B. When care and treatment are to be provided by the department, either through facilities and programs operated by it or through contractual arrangements or through purchase of service arrangements for which the department provides funding, the child shall be committed to the department rather than to a particular institution or facility.
C. The department shall ensure that a child has a certified birth certificate and valid six-year identification card or submit all necessary applications, records, and fees to obtain those records within thirty days from when a child is committed to the custody of the department. The department shall ensure that a child has both a certified copy of the child's birth certificate and a valid state identification card upon release from custody. Failure of the department to obtain these records shall not prevent a child's release from custody.
D.(1) At least six months prior to the release of the child, the department shall prepare a written, individualized, and thorough transitional plan developed in collaboration with the child and any agency or department assuming his custody, care, or responsibility.
(2) The plan shall identify the programs, services, and facilities that will be used to assist the child in achieving a successful release from the department's custody.
(3) A copy of the transitional plan shall be provided to the court, counsel for the child, and the district attorney.
(4) The transitional plan shall address the needs of the child, including but not limited to education, health, permanent connections, living arrangements, independent living skills, vocational training, and employment. The services included within the transitional plan shall be offered to the child.
(5) The department shall ensure that all records in its files relevant to securing needed services in the community in which the child will live shall be immediately transmitted to the appropriate service provider.
E. The court shall not divide legal and physical custody of a child when assigning custody to the department in accordance with this Article or in accordance with any other statute or provision of law.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2012, No. 730, §1; Acts 2016, No. 500, §1; Acts 2024, No. 124, §1; Acts 2024, No. 258, §1, eff. May 24, 2024.
When a juvenile is adjudicated a delinquent for a sexual offense as defined in R.S. 14:42 through 43.4, the provisions of R.S. 15:535(C) and (D) shall apply.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2008, No. 678, §2.
Except as provided for in Article 897.1, after the entry of any order of disposition, the court retains the power to modify it, including changing the child's legal custody, suspending all or part of any order of commitment, discharging conditions of probation, or adding any further condition authorized by Article 897(B) or 899(B). It may also terminate an order of disposition at any time while it is still in force.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 430, §2.
A. Except as specially provided in Articles 911 through 916, a motion for modification may be filed by the district attorney, the child, his parents, the custodian of the child, a probation officer, or the court. A motion for modification shall be in writing and shall set forth in plain and concise terms the facts supporting the modification. A motion for modification shall be served upon all parties at least three days prior to the hearing unless waived by the parties.
B. Any motion for modification may be denied without a hearing.
C. Except as provided by Paragraph B of this Article, a motion for modification shall be tried at a contradictory hearing unless waived by the parties.
D. A judgment of disposition shall not be modified to release a child from the custody of a public or private mental institution or an institution for persons with mental illness without three days prior notice to the district attorney and the institution.
E. If a judgment of disposition is modified, a copy of the minute entry reflecting the modification shall be served upon the district attorney, the child, his parent, and any person, institution, or agency to whom custody of the child is assigned.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014; Acts 2018, No. 467, §2; Acts 2020, No. 106, §1.
A. A motion filed by the Department of Public Safety and Corrections seeking the release of a child from its custody shall be tried contradictorily against the district attorney, unless the district attorney files in the record an affidavit averring no opposition to the motion.
B. A judgment of disposition shall not be modified to release a child from the custody of the Department of Public Safety and Corrections unless three days' prior notice is given to the district attorney and to the Department of Public Safety and Corrections.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2018, No. 321, §1.
A. When committed to the custody of the department of Public Safety and Corrections, a child shall have the right to file a grievance concerning his care, custody, and control and have it resolved pursuant to Louisiana Administrative Code, Section 22:I:325, the administrative remedy procedure.
B. Upon exhausting his administrative remedies, any child who is still aggrieved by an adverse decision by the department may seek judicial review of that decision by applying, within thirty days after receipt of the department's decision, to the juvenile court which entered the order of commitment.
C. If represented by counsel, the application shall be in the form of a petition. If unrepresented, the child may secure court review by writing a letter to the court outlining the facts of his complaint and the steps he had taken to secure administrative redress of his grievance.
D. If the court concludes that all administrative remedies have been exhausted and that the child's grievance appears to have merit, it shall proceed to schedule a contradictory hearing to resolve the grievance.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. A motion filed to revoke a child's probation shall be accompanied by a supporting affidavit specifying the claimed violations which form the basis of the revocation. The child shall be entitled to a copy of the motion and supporting affidavit.
B. Unless the child waives his right, the court shall conduct a contradictory hearing. At this hearing, the child shall be entitled to:
(1) The right to confront and cross-examine adverse witnesses.
(2) The right to appear in person and to present witnesses in his own behalf.
(3) The right to have the state bear the burden of providing by clear and convincing evidence that he violated a condition of his probation which was contained in the order of disposition.
C. The hearing may be more informal and summary than an adjudication hearing. Consistent with the child's constitutional rights and the burdens upon the prosecution which full compliance with the Code of Evidence might otherwise entail, the court shall have discretion in the receipt and consideration of proffered evidence.
D. An order revoking probation shall comply with the requirements of Article 903.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1995, No. 1158, §1.
A. Except as provided in Paragraph B of this Article, if the court finds that the child has violated a condition of his probation, it may, consistent with the best interests of the child and the public, do any of the following:
(1) Reprimand and warn the child.
(2) Order that supervision be intensified.
(3) Impose additional conditions to the probation.
(4) Extend the period of probation, provided the total amount of time served by the child on probation for any one offense shall not exceed the maximum period of probation authorized by Articles 898 and 900.
(5) Order that probation be revoked and execute the suspended sentence.
B. If the probation violation is the illegal or unlawful possession of a firearm, probation revocation is mandatory, and the child shall be committed to the custody of the Department of Public Safety and Corrections.
C. For repeated violations of a judgment of disposition, the court may also find the child in direct or constructive contempt of court and commit him to a juvenile detention center or other licensed facility, provided that the child shall not be physically housed in the same dormitory, room, or area used to house children adjudicated delinquent for behavior other than direct or constructive contempt.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
A. When revoking a previous order of probation, the court may reinstate the original suspended or deferred disposition order and commit the child to the Department of Public Safety and Corrections for the term of that order, with credit for any time served in secure detention prior to the revocation hearing and with or without credit for time served on probation, in the discretion of the court. In no event shall the term of commitment exceed the maximum term of imprisonment for the offense forming the basis for the original adjudication.
B. When finding a child in direct or constructive contempt of court, commitment for each contempt shall not exceed fifteen days, including time spent in detention for the contempt prior to adjudication for contempt.
C. When the conduct alleged as the basis for probation revocation also constitutes a delinquent act, a petition shall be filed and an adjudication hearing scheduled for resolution of the new offense. If the child is adjudicated delinquent on the new petition, the order of disposition may include any sanction authorized by this Title as well as the revocation of the child's probation and imposition of any suspended disposition originally ordered.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
A. In cases where a child has been committed to the Louisiana Department of Health, office of behavioral health, or private mental institution, or an institution for persons with mental illness, the court may also modify the judgment on motion of the department or superintendent of a private mental institution.
B. In cases in which a child has been adjudicated a delinquent, a judgment of disposition shall not be modified to release a child from the custody of the Louisiana Department of Health, office of behavioral health, or private mental institution or an institution for persons with mental illness without three days prior notice to the district attorney and the department or other institution.
C. Notwithstanding any provisions of law to the contrary, in cases in which a child has not been adjudicated a delinquent and has been found to be insane at the time of the offense, a child shall not be released from the custody of the Louisiana Department of Health, office of behavioral health, or private mental institution, or an institution for persons with mental illness except upon order of the court after motion and contradictory hearing.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2014, No. 811, §33, eff. June 23, 2014.
This Chapter provides the exclusive procedure by which records and reports of proceedings under Title VIII of this Code may be expunged and sealed.
Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
A. Records and reports of a delinquency matter that did not result in adjudication and records concerning delinquency adjudications for R.S. 14:82, 83.3, 83.4, 89, or 89.2 may be expunged and sealed at any time.
B. Records and reports of a matter that resulted in a finding of Families in Need of Services or an adjudication for any charge other than murder, manslaughter, an offense requiring registration as a sex offender under R.S. 15:542, kidnapping, or armed robbery shall be expunged and sealed only if the court exercising juvenile jurisdiction has ceased to exercise jurisdiction in accordance with Article 313.
C. Records concerning conduct or conditions that resulted in a delinquency adjudication may be expunged and sealed only if all of the following circumstances exist:
(1) The person seeking expungement and sealing has no criminal court felony convictions and no criminal court convictions for misdemeanors against a person involving a firearm.
(2) The person seeking expungement and sealing has no pending indictment or bill of information.
D. If the adjudication was for murder, manslaughter, a sex offense requiring registration under R.S. 15:542, kidnapping, or armed robbery, the child may petition the court for an expungement of his juvenile record when the court has ceased to exercise jurisdiction in accordance with Article 313 and all of the following conditions are met:
(1) Five or more years have elapsed since the person seeking expungement and sealing satisfied the most recent judgment against him.
(2) The person seeking expungement and sealing has no criminal court felony convictions and no criminal court convictions for misdemeanors against a person involving a firearm.
(3) The person seeking expungement and sealing has no pending indictment or bill of information.
Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2012, No. 446, §6; Acts 2017, No. 362, §1.
A. A person may move for the expungement and sealing of his records and reports.
B. The motion for expungement and sealing shall be substantially in the form provided in Article 925 and shall state facts that constitute grounds for expungement and sealing under Article 918.
C. The motion for expungement and sealing shall be filed with the court possessing the records and reports, or with the court exercising juvenile jurisdiction over the arresting agency.
D. The motion shall be served personally or by domiciliary service, or by United States mail or electronic means, on the district attorney, the clerk of the court whose records and reports are sought to be expunged and sealed, and the head of any agency whose records and reports are sought to be expunged and sealed, including but not limited to the Federal Bureau of Investigation, the Louisiana Bureau of Criminal Identification and Information, the Department of Public Safety and Corrections, office of juvenile justice, and local law enforcement agencies.
E. Any person or agency that objects to the granting of the motion for a matter that resulted in a delinquency adjudication for a misdemeanor offense or for a felony offense shall file an affidavit of response in the form provided in Article 926, and a contradictory hearing shall be conducted with the district attorney and any agency whose records and reports are sought to be expunged and sealed.
F. If the court finds that the grounds have been established and that the person is entitled to expungement and sealing, the court shall order expungement and sealing.
Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
A. An order for the expungement and sealing of juvenile court records and reports shall be in the form provided in Article 925 and, except as otherwise provided by law, shall require that the clerk of court expunge and seal all records and reports relating to the conduct or conditions referred to in the motion for expungement and sealing, including pleadings, exhibits, reports, minute entries, correspondence, and all other documents.
B. References, documents, recordings, or other materials shall be expunged and sealed. Under no circumstances may any expunged and sealed information be released.
C. The court may maintain a confidential record, such as a minute entry, of the fact of an adjudication. This information may be released only upon written motion of a court exercising criminal jurisdiction over the person whose record is sought and then only for the purposes authorized by the Code of Criminal Procedure.
Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
A. An order for the expungement and sealing of juvenile records and reports shall be in the form provided in Article 925 and shall require that both of the following occur:
(1) Except as otherwise provided by law, all officials, agencies, institutions, boards, systems, and law enforcement offices, and their employees, agents, and consultants, expunge and seal all records and reports, in any form, and any other photographic, fingerprint, DNA, or any other information of any kind and all kinds or descriptions relating to the conduct or conditions referred to in the motion for expungement and sealing.
(2) All agencies and law enforcement offices file with the court an affidavit to the effect that such records and reports have been expunged and sealed and that no notation or references have been retained in any central depository which will or might lead to the inference that any record or report ever was on file with that agency or law enforcement office. A copy of the affidavit of expungement and sealing shall be retained by the court.
B. The order shall state that the expungement and sealing is to be effected no later than thirty days from the date of the order. The order shall also specify the limitations on information that may be maintained in accordance with this Article.
C. An order for expungement and sealing shall be served in the manner provided for service of the motion on both the district attorney and the head of each agency whose records or reports are to be expunged and sealed.
D. A copy of the order of expungement and sealing may be maintained by the custodian of records and reports of the agency or office. However, the custodian shall not disclose to anyone the fact that such order is maintained or that the expunged and sealed records or reports previously existed except upon written order of the court.
Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
A. Except for the limited purposes stated in Articles 920 and 921, upon an order of expungement and sealing, the records and reports expunged and sealed and the underlying conduct and conditions are considered nonexistent and shall not be made available to any person. No person whose juvenile records and reports have been expunged and sealed shall be required to disclose to any person that he was arrested or adjudicated or that the records and reports of arrest or adjudication have been expunged and sealed.
B. A child that is the subject of an expunged record or the child's parent shall not be found guilty of perjury or otherwise giving false statements by reason of the child's failure to recite or acknowledge his expunged record in response to any inquiry made of the child or the child's parent for any purpose. However, if the child is a witness in a criminal or juvenile delinquency matter, the child may be ordered to testify regarding his expunged record.
Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
A. A motion to set aside an adjudication pursuant to the provisions of this Article, may be filed and served upon the district attorney at any time following an adjudication of delinquency and completion of the disposition relating thereto involving the offenses of prostitution pursuant to R.S. 14:82, prostitution by massage pursuant to R.S. 14:83.3 or 83.4, or crime against nature by solicitation pursuant to R.S. 14:89.2 when the child's participation in the offense was a result of having been a victim of human trafficking under R.S. 14:46.2 or a victim of a severe form of trafficking under the federal Trafficking Victims Protection Act (22 U.S.C. 7101 et seq.).
B. The motion shall be in writing, shall describe the supporting evidence with particularity, and shall include copies of any documents showing that the child is entitled to relief under this Article.
C. The motion shall not be denied without a contradictory hearing unless it appears on the face of the motion that, as a matter of law, the child is not entitled to the relief sought.
D. The court shall grant the motion if the court finds by a preponderance of the evidence that the violation was a result of the child having been a victim of human trafficking. Documentation of a child's status as a victim of human trafficking provided by a federal, state, or local government agency shall create a presumption that the child's adjudication was obtained as a result of having been a victim of human trafficking. However, such documentation shall not be required to grant a motion under this Article.
E. If the motion is granted, the court shall order the expungement and sealing of the record and report of the juvenile proceedings including all records and files related to the child's arrest, citation, investigation, charge, delinquency proceedings, adjudication, and probation for the offense.
Acts 2013, No. 429, §3, eff. June 24, 2013; Acts 2017, No. 362, §1.
A. No court costs or fees shall be allowed against any party to a proceeding for an expungement and sealing.
B. The court may waive all or any part of any other fees or costs associated with the expungement and sealing and shall waive those fees and costs upon finding that the applicant is indigent.
C. Notwithstanding any provision of law to the contrary, a child who has successfully completed a juvenile drug court program operated by a court of this state shall be exempt from payment of any processing or filing fees or other costs associated with the expungement and sealing of his related juvenile records and reports.
Acts 2017, No. 362, §1.
A. The following form shall be used for filing a motion, setting a contradictory hearing, and ordering the expungement and sealing of records and reports:
MOTION FOR EXPUNGEMENT AND SEALING
NOW INTO COURT COMES _______________________________, in proper person or through undersigned counsel, and herein moves this Honorable Court:
(1) To order the expungement and sealing of all records and reports, including but not limited to the record of arrest and order of disposition concerning the below-described conduct or condition, and directing all officials, agencies, institutions, boards, and systems, including their employees, agents, consultants, and special committees, to expunge and seal any record, in any form, concerning the arrest of mover, and any other photographic, fingerprint, DNA, or any other information of any and all kinds or descriptions; and
(2) To direct each agency and law enforcement office having any such records, including but not limited to the above named entities, to file a sworn affidavit with the clerk of court to the effect that such records have been expunged and sealed and that no notation or reference has been retained in any central depository which could or might lead to the inference that the expunged and sealed record was ever on file with that agency or law enforcement office, except as otherwise specifically provided by law.
I.
Full name of mover:
SEX: { } Male { } FemaleSocial Security Number:_________
Race/Ethnicity: _______Date of Birth: //
Address: Street: ______________________________________ Apt. #: _______
City/State: __________________________________________Zip: __________
NOTE: A separate page shall be completed for EACH of the charges for which expungement and sealing is sought. Failure to provide ALL of the requested information may result in dismissal of the motion for insufficiency.
II.
Offense Report #: ___Offense charged:
Date of Arrest: //________
Arresting Agency: ___________________________________________________
City/ Parish of Arrest: ________________________________________________
III.
Action taken: (Check appropriate action and insert date)
{ } Charges not filed
{ } Charges refused on____/____/________
{ } Informal Adjustment Agreement completed on____/____/________
{ } Adjudicated on //________
{ } Dismissed on //________
{ } Continued without date on____/____/________
IV.
Court Docket and Complaint #: __________________, # _____________
V.
Authority for motion (Check one only)
{ } This matter did not result in adjudication.
{ } This matter resulted in a Families in Need of Services or delinquency adjudication.
AND the court which had exercised juvenile jurisdiction has ceased to exercise such in accordance with Children's Code Article 313.
AND the adjudication was not for murder, manslaughter, an offense requiring registration as a sex offender under R.S. 15:542, kidnapping, or armed robbery.
AND mover has no adult felony conviction and no adult conviction for a misdemeanor against a person involving a firearm.
AND mover has no pending indictment or bill of information against him.
WHEREFORE, mover prays that after due proceedings are had, there be an order herein in favor of mover, ordering the clerk of court and all other agencies, offices or organizations to expunge and seal their records or reports concerning the conduct or condition of mover as a child as more fully described herein.
Respectfully submitted,
Name of Mover or Attorney
Address
City/State/Zip
Phone
ORDER
CONSIDERING the above and foregoing:
IT IS ORDERED that a contradictory hearing be and is hereby set for the ______ day of _____________, 20 at _________ in Section ________.
_________________, Louisiana this ______ day of _______________20.
JUDGE
Note: Please add any additional necessary agencies below.
PLEASE SERVE:
Parish of___________________
District Attorney________________
Clerk of Court _________________
Sheriff________________________
Bureau of Criminal Identification and Information
Attn: Expungements
7919 Independence Blvd.
Baton Rouge, Louisiana 70806
and
Name of Agency Name of Agency
Attn:Attn:
AddressAddress
City/State/ZipCity/State/Zip
B. The following form shall be used to order the expungement and sealing:
ORDER OF EXPUNGEMENT AND SEALING
CONSIDERING the Motion for Expungement and Sealing and the evidence adduced as to the following described matter, and as to the following described conduct or conditions:
Item #s
Offense(s) Charged
Date of Arrest(s)
Arresting Agencies
IT IS ORDERED that the clerk of court expunge and seal all records and reports, in any medium, including but not limited to pleadings, exhibits, reports, minute entries, correspondence, and all other documents. The court may maintain a confidential record of the fact of an adjudication, which may be released only upon written motion of a court exercising criminal jurisdiction over the mover herein and then only for purposes authorized by the Code of Criminal Procedure.
IT IS FURTHER ORDERED that all officials, agencies, institutions, boards, systems, and law enforcement officers and their employees, agents, and consultants expunge and seal all records and reports, in any form, concerning the above-described matter, and any other photographic, fingerprint, DNA, or any other information of any and all kinds and descriptions. The custodian of records and reports of the agency or office may maintain a copy of this order. However, the custodian shall not disclose to anyone the fact that an order is maintained or that the expunged and sealed records or reports previously existed except upon written order of the court.
IT IS FURTHER ORDERED that each agency and law enforcement office herein served and having any records or reports of the conduct or condition file a sworn affidavit with the clerk of court to the effect that the records and reports have been expunged and sealed and that no notation or references have been retained in any central depository which could or might lead to the inference that any report or record was on file with the agency or law enforcement office served, which affidavit shall be filed with the clerk of court within ______ days after service of this order.
Signed at______________, Louisiana this ____ day of ___________20.
JUDGE
Note: Please add any necessary agencies below.
PLEASE SERVE:
Parish of____________________
District Attorney______________
Clerk of Court_____________________
Sheriff______________________
Bureau of Criminal Identification and Information
Attn: Expungements
7919 Independence Blvd.
Baton Rouge, Louisiana 70806
and
Name of Agency Name of Agency
Attn:Attn:
AddressAddress
City/State/ZipCity/State/Zip
Acts 2017, No. 362, §1.
The following form shall be used for filing an affidavit of response to a motion for expungement and sealing in accordance with Article 919:
AFFIDAVIT OF RESPONSE
Pursuant to Children's Code Article 919, the Respondent agency or office, ____________________, acknowledges the following:
{ } No Opposition. Respondent has no opposition to the motion and respectfully consents to waiver of the contradictory hearing.
{ } Opposition to the Motion of Expungement and Sealing with Reasons. Respondent respectfully requests a contradictory hearing.
As grounds for its objection, the Respondent asserts as follows:
{ } The court is still exercising jurisdiction.
{ } The adjudicated offense was for murder, manslaughter, an offense requiring registration as a sex offender under R.S. 15:542, kidnapping, or armed robbery and therefore a hearing is required by law.
{ }The adjudication was for a felony offense, and the applicant has an adult felony conviction.
{ }The adjudication was for a felony offense, and the applicant has an adult conviction for a misdemeanor against a person involving a firearm.
{ }The adjudication was for a felony offense, and the applicant has a pending indictment or bill of information filed against him.
Respectfully submitted,
Name of Respondent/Signature of Attorney
Address
City/State/Zip
Phone
PLEASE SERVE:
Parish of____________________
District Attorney______________
Clerk of Court_____________________
Sheriff______________________
Bureau of Criminal Identification and Information
Attn: Expungements
7919 Independence Blvd.
Baton Rouge, Louisiana 70806
and
Name of Agency Name of Agency
Attn:Attn:
AddressAddress
City/State/Zip City/State/Zip
Acts 2017, No. 362, §1.
The purpose of this Title is to facilitate and expedite proceedings involving minor traffic offenses. The intent of this Title is to recognize both the state's strong interest in protecting the public safety through the imposition of reasonable regulations on the operation of motor vehicles and the due process rights of children accused of traffic violations.
Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
Except as otherwise specified in this Title, all provisions of the Children's Code remain applicable.
Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
Traffic violation means any violation of a statute or ordinance regulating traffic, except the following criminal offenses:
(1) Vehicular homicide.
(2) Vehicular negligent injuring.
(3) Unauthorized use of a movable.
(4) Operating a vehicle while intoxicated.
(5) Reckless operation of a vehicle.
(6) Hit and run driving.
Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
In cases of traffic violations, a petition is not required. The child may be summoned to appear and the case may be instituted with a uniform traffic citation. The citation shall describe in general terms the nature of the violation. The citation or summons may direct the child to bring a parent with him when he appears.
Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
The court may, by local rule, refer cases of traffic violations to a juvenile traffic referee for adjudication and disposition.
Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
A. A juvenile traffic referee shall have the authority including but not limited to the following:
(1) To administer oaths.
(2) To compel the attendance of witnesses and issue subpoenas.
(3) To take testimony.
(4) To make a record of the hearing.
B. The referee's exercise of control over traffic proceedings through punishment for contempt of court shall be limited to the following:
(1) The referee may make a recommendation to any judge of the court exercising juvenile jurisdiction that the child be charged with a direct or constructive contempt of court, as otherwise governed by Chapter 2 of Title XV.
(2) Failure to comply with a subpoena, without reasonable excuse, proof of service of which appears of record, constitutes a direct contempt of the court which issued the subpoena. The referee may order the witness attached and brought to court forthwith or on a designated day. If an order of attachment is issued, it may be executed in any parish by the sheriff of the parish from which the attachment was issued, or by the sheriff of the parish where the witness is found.
Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
The juvenile court or traffic referee may appoint an attorney to represent the child whenever appointment of counsel is required in the interests of justice.
Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
A. In cases of traffic violations, the court or juvenile traffic referee may dispense with a predisposition investigation and enter a judgment of disposition immediately following adjudication if there is sufficient information in the record to enable the court or referee to determine a fair and just disposition of the case.
B. Judgments of disposition in traffic cases may be evidenced by a minute entry.
Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
If the court or juvenile traffic referee finds that the child committed a traffic violation, the court or referee may:
(1) Suspend the child's driver's license for a specific or indefinite period.
(2) Revoke the child's driver's license.
(3) Restrict the child's driving privileges to driving at specified times, under specified conditions, or for specified purposes.
(4) Order the child to attend traffic school or to receive additional driving instruction.
(5) Order inspection of a motor vehicle and correction of any deficiencies.
(6) Require public liability insurance coverage as a condition of the child's driving.
(7) Impose a fine not exceeding two hundred dollars payable immediately or over a period of time.
(8) Place the child on probation.
(9) Make such other disposition or combination of dispositions as it deems to be in the best interests of the child.
Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
A. In cases of traffic violations, the child may appeal to the court from a judgment of the juvenile traffic referee. Such an appeal shall be filed within three days of the judgment of disposition.
B. On appeal, the case shall be tried de novo, and there shall be no further appeal.
Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
The purpose of this Title is to protect children whose parents are unwilling or unable to provide safety and care adequate to meet their physical, emotional, and mental health needs, by providing a judicial process for the termination of all parental rights and responsibilities and for the certification of the child for adoption. In all proceedings, the primary concern is to secure the best interest of the child if a ground justifying termination of parental rights is proved. Termination of parental rights is to be considered the first step toward permanent placement of the child in a safe and suitable home, and if at all possible, to achieve the child's adoption. The procedural provisions of this Title shall be construed liberally. The proceedings shall be conducted expeditiously to avoid delays in resolving the status of the parent and in achieving permanency for children.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 1999, No. 449, §1, eff. July 1, 1999.
Any petition filed and any proceeding held under the provisions of this Title shall be given priority, to the extent practicable, over any other civil action before the court, except emergency proceedings for the protection of the child under Articles 617 through 627, or Domestic Abuse Assistance proceedings under Chapter 8 of Title XV. Any petition filed under the provisions of this Title shall be docketed immediately upon filing, and hearings shall be scheduled for the earliest dates practicable.
Acts 1997, No. 256, §1.
Except as otherwise specified in this Title, all provisions of the Children's Code remain applicable.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992.
As used in this Title:
(1) "Abuse" means any of the following acts that seriously endanger the physical, mental, or emotional health, welfare, and safety of the child:
(a) The infliction or attempted infliction, or, as a result of inadequate supervision, the allowance or toleration of the infliction or attempted infliction of physical or mental injury upon the child by a parent or any other person.
(b) The exploitation or overwork of a child by a parent or any other person.
(c) The involvement of the child in any sexual act with a parent or any other person, or the aiding or toleration by the parent or the caretaker of the child's sexual involvement with any other person or of the child's involvement in pornographic displays, or any other involvement of a child in sexual activity constituting a crime under the laws of this state.
(2) "Agency" shall include the Department of Children and Family Services, the corresponding department of any other state, and those private agencies and institutions licensed for the placement of children for adoption by the Department of Children and Family Services or by the corresponding department of any other state.
(3) "Child in need of care" means a child adjudicated as such under Title VI.
(4) "Dangerous to others" means the condition of a person whose behavior or significant threats support a reasonable expectation that there is a substantial risk that he will inflict physical harm upon another person in the near future.
(5) "Dangerous to self" means the condition of a person whose behavior, significant threats, or inaction supports a reasonable expectation that there is a substantial risk that he will inflict physical or severe emotional harm upon his own person.
(6) "Department" means the Louisiana Department of Children and Family Services.
(7) "Grave disability" means the condition of a person who is unable to provide for his own basic physical needs, such as essential food, clothing, medical care, and shelter, as a result of serious mental illness or substance abuse and is unable to survive safely in freedom or protect himself from serious harm. The term also includes incapacitation by alcohol, which means the condition of a person who, as a result of the use of alcohol, is unconscious or whose judgment is otherwise so impaired that he is incapable of realizing and making a rational decision with respect to his need for treatment.
(8) "Mental deficiency" means significantly subaverage intellectual functioning existing concurrently with deficits in adaptive behavior, as determined by a psychiatrist or psychologist and manifested during the developmental period.
(9) "Mental illness" means a psychiatric disorder which has substantial adverse effects on the parent's ability to function and which requires care and treatment as determined by a psychiatrist or psychologist. It does not include a person who has, solely, one of the following conditions:
(a) An intellectual disability.
(b) Epilepsy.
(c) Alcoholism.
(d) Drug abuse.
(10) "Neglect" means the refusal or failure of a parent or caretaker to supply the child with necessary food, clothing, shelter, care, treatment, or counseling for any injury, illness, or condition of the child, as a result of which the child's physical, mental, or emotional health, welfare, and safety is substantially threatened or impaired. Whenever, in lieu of medical care, a child is being provided treatment in accordance with the tenets of a well-recognized religious method of healing that has a reasonable, proven record of success, the child shall not, for that reason alone, be considered to be neglected or abused. Disagreement by the parent regarding the need for medical care shall not, by itself, be grounds for termination of parental rights. However, nothing in this Subparagraph shall prohibit the court from ordering medical services for the child when there is substantial risk of harm to the child's health, welfare, or safety.
(11) "Permanent placement" means either placement of the child with a legal guardian or placement of the child with adoptive parents pursuant to a final decree of adoption.
(12) "Starvation" means mistreatment causing suffering from extreme hunger or malnourishment.
(13) "Substance abuse" means the condition of a person who uses narcotic, stimulant, depressant, soporific, tranquilizing, or hallucinogenic drugs or alcohol to the extent that it renders the person dangerous to himself or others or renders the person gravely disabled.
(14) "Torture" means torment, maiming, mutilation, or ritualistic or malicious acts causing extreme and unjustifiable physical or mental pain or suffering, disfigurement, or injury.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 256, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2014, No. 811, §33, eff. June 23, 2014; Acts 2022, No. 272, §1.
A. At any time, including in any hearing in a child in need of care proceeding, the court on its own motion may order the filing of a petition on any ground authorized by Article 1015 or 1015.1.
B. Counsel appointed for the child pursuant to Article 607 may petition for the termination of parental rights of the parent of the child if the petition alleges a ground authorized by Article 1015(4), (5), or (6) and, although eighteen months have elapsed since the date of the child's adjudication as a child in need of care, no petition has been filed by the district attorney or the department.
C. The district attorney may petition for the termination of parental rights of the parent of the child on any ground authorized by Article 1015.
D. The department may petition for the termination of parental rights of the parent of the child when any of the following apply:
(1) The child has been subjected to abuse or neglect after the child is returned to the parent's care and custody while under department supervision, and termination is authorized by Article 1015(3)(j).
(2) The parent's parental rights to one or more of the child's siblings have been terminated due to neglect or abuse and prior attempts to rehabilitate the parent have been unsuccessful, and termination is authorized by Article 1015(3)(k).
(3) The child has been abandoned and termination is authorized by Article 1015(4).
(4) The child has been placed in the custody of the state, and termination is authorized by Article 1015(5).
(5) The child is in foster care because the parent is incarcerated, and termination is authorized by Article 1015(6).
(6) The child is in foster care and, despite diligent efforts by the department to identify the child's father, the father's identity is unknown, and termination is authorized by Article 1015(8).
E. When termination is authorized by Article 1015, other than on the grounds specified by Paragraph D of this Article, by special appointment, the district attorney may designate counsel for the department as a special assistant authorized to act in his stead in all such termination actions or in a particular case.
F. By special appointment for a particular case, the court or the district attorney may designate private counsel authorized to petition for the termination of parental rights of the parent of the child on the ground of abandonment authorized by Article 1015(4).
G. Foster parents who intend to adopt the child may petition for the termination of parental rights of the foster child's parents when, in accordance with Article 702(D), adoption is the permanent plan for the child, the child has been in state custody under the foster parent's care for seventeen of the last twenty-two months, and the department has failed to petition for such termination.
H. When termination is authorized by Article 1015(1) or (2) and no petition is filed to terminate the parental rights of the surviving parent pursuant to Paragraph A, C, or E of this Article after a written request to file such action is made to the district attorney by any interested person and no petition is filed within sixty days by the district attorney, that person may file suit to terminate the parental rights of the surviving parent.
I. Repealed by Acts 2023, No. 271, §3, eff. June 9, 2023.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 256, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 1999, No. 1067, §1; Acts 2001, No. 567, §1; Acts 2005, No. 80, §1; Acts 2016, No. 608, §1; Acts 2017, No. 151, §1, eff. June 12, 2017; Acts 2017, No. 239, §1; Acts 2023, No. 271, §§1, 3, eff. June 9, 2023; Acts 2024, No. 92, §1.
At any time, including prior to or during an adoption proceeding, when a child is conceived as the result of the conviction or commission of a sex offense as defined in R.S. 15:541, the victim of the sex offense may petition to terminate the rights of the perpetrator of the sex offense. Termination shall result in the loss of all parental rights of the perpetrator regarding the child, including any rights to custody, visitation, and contact, as well as any right to intervene in such action. The termination shall not affect the inheritance rights of the child. The perpetrator shall be cast in judgment for all court costs.
Acts 2023, No. 271, §1, eff. June 9, 2023.
NOTE: Former Ch.C. Art. 1004.1 redesignated as Ch.C. Art. 1004.2 by Acts 2023, No. 271, §1, eff. June 9, 2023.
The department shall file and pursue to judgment in the trial court a petition to terminate the parental rights of the parent or parents if the child has been in state custody for seventeen of the last twenty-two months, unless the department has documented in the case plan a compelling reason why filing is not in the best interest of the child.
Acts 1999, No. 544, §1; Redesignated from Ch.C. Art. 1004.1 by Acts 2023, No. 271, §1, eff. June 9, 2023.
Any parent may be subject to proceedings under this Title and shall have juridical capacity for such proceedings regardless of age or matrimonial status.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992.
A proceeding under this Title may be commenced in the parish in which the child is domiciled with his parent or tutor, the parish in which the child was present when an act alleged in the petition took place or conditions alleged in the petition existed, or the parish in which the child is found.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
A. All records and reports which result from proceedings held pursuant to the provisions of this Title are confidential and shall not be disclosed except as otherwise provided by this Chapter, by Chapter 7 of this Title, or as may be necessary to facilitate any order for continued contact as authorized by Article 1037.1.
B. The address and parish of the petitioner and each person on whose behalf the petition for termination of parental rights is filed under the provisions of Article 1015.1 may remain confidential with the court.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 2016, No. 608, §1; Acts 2024, No. 92, §1.
The clerks of the courts having proper jurisdiction over proceedings under this Title shall keep separate indices of all suits filed in accordance with this Title and shall index such suits in the name of the parents and in the name of the child. These records are subject to the confidentiality requirements of this Chapter.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
A. A child whose parent's rights have been terminated and who has not been subsequently adopted may have access to the records of the termination of parental rights action as provided by Chapter 3 of Title IV.
B. A child whose parent's rights have been terminated and who has been subsequently adopted may have access to the records of the termination of parental rights action only as provided by Articles 1010 through 1013.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1.
The child or if still a minor, his legal representative on his behalf, may file a petition for disclosure of information pertaining to the termination of parental rights proceeding. The action shall be styled: "In re the termination of parental rights to____________________".
Acts 1991, No. 235, §10, eff. Jan. 1, 1992.
The petition must show compelling necessity overriding the general policy of confidentiality for termination of parental rights records by demonstrating any of the following:
(1) That there are inheritance rights which are or may be due from his biological parents under Civil Code Article 214.
(2) That there is a medical necessity requiring information about his biological family or his own health history in order to treat the petitioner or his descendants.
(3) That both he and a person reasonably believed to be his biological parent have registered with the department pursuant to Chapter 14 of Title XII.
(4) That such information is otherwise required to be disclosed by federal or state law.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
Upon reviewing a petition for disclosure, the court may deny it for lack of a proper showing of compelling necessity. Before granting a petition, the court may appoint a curator ad hoc and shall set the petition for a hearing.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
A. Upon appointment, the curator ad hoc shall be responsible for all of the following:
(1) Securing all records pertaining to the petitioner's request through subpoenas duces tecum or other discovery process, if necessary.
(2) Reviewing all records pertaining to the termination of parental rights proceeding.
(3) Reporting to the court any objections to disclosure which he may have received from a custodian of records.
(4) After the records review is completed, recommending the granting or denial of the petitioner's request and particularizing the necessary scope of any disclosure order for the court's consideration.
B. A person proceeding in forma pauperis shall receive the services of the curator ad hoc without having to pay the curator's fees. However, in all cases, the curator shall be entitled to a reasonable fee for his services, and the court shall fix the fee commensurate with the services performed.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
After hearing the petitioner, the court may order disclosure. Insofar as possible, an order disclosing information from the court's own records or any records obtained by the curator ad hoc shall contain nonidentifying information about the biological family. If identifying information must be disclosed, the court may release such information to the person requiring it and order that its confidentiality be maintained without disclosure to the petitioner.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992.
The grounds for termination of parental rights are:
(1) Conviction of murder of the child's other parent.
(2) Unjustified intentional killing of the child's other parent.
(3) Misconduct of the parent toward this child or any other child of the parent or any other child which constitutes extreme abuse, cruel and inhuman treatment, or grossly negligent behavior below a reasonable standard of human decency, including but not limited to the conviction, commission, aiding or abetting, attempting, conspiring, or soliciting to commit any of the following:
(a) Murder.
(b) Unjustified intentional killing.
(c) Aggravated crime against nature as defined by R.S. 14:89.1(A)(2).
(d) Rape.
(e) Sodomy.
(f) Torture.
(g) Starvation.
(h) A felony that has resulted in serious bodily injury.
(i) Abuse or neglect which is chronic, life-threatening, or results in gravely disabling physical or psychological injury or disfigurement.
(j) Abuse or neglect after the child is returned to the parent's care and custody while under department supervision, when the child had previously been removed for his safety from the parent pursuant to a disposition judgment in a child in need of care proceeding.
(k) The parent's parental rights to one or more of the child's siblings have been terminated due to neglect or abuse, prior attempts to rehabilitate the parent have been unsuccessful, and the court has determined pursuant to Article 672.1 that current attempts to reunite the family are not required.
(l) Sexual exploitation or abuse, which shall include but is not limited to acts which are prohibited by R.S. 14:43.1, 43.2, 46.3, 80, 81, 81.1, 81.2, 82.1(A)(2), 89, and 89.1.
(m) Human trafficking when sentenced pursuant to the provisions of R.S. 14:46.2(B)(2) or (3).
(4) Abandonment of the child by placing him in the physical custody of a nonparent, or the department, or by otherwise leaving him under circumstances demonstrating an intention to permanently avoid parental responsibility by any of the following:
(a) For a period of at least four months as of the time of the hearing, despite a diligent search, the whereabouts of the child's parent continue to be unknown.
(b) As of the time the petition is filed, the parent has failed to provide significant contributions to the child's care and support for any period of six consecutive months.
(c) As of the time the petition is filed, the parent has failed to maintain significant contact with the child by visiting him or communicating with him for any period of six consecutive months.
(5) Unless sooner permitted by the court, at least one year has elapsed since a child was removed from the parent's custody pursuant to a court order; there has been no substantial parental compliance with a case plan for services which has been previously filed by the department and approved by the court as necessary for the safe return of the child; and despite earlier intervention, there is no reasonable expectation of significant improvement in the parent's condition or conduct in the near future, considering the child's age and his need for a safe, stable, and permanent home.
(6) The child is in the custody of the department pursuant to a court order or placement by the parent; the parent has been convicted and sentenced to a period of incarceration of such duration that the parent will not be able to care for the child for an extended period of time, considering the child's age and his need for a safe, stable, and permanent home; and despite notice by the department, the parent has refused or failed to provide a reasonable plan for the appropriate care of the child other than foster care.
(7) The relinquishment of an infant pursuant to Chapter 13 of Title XI of this Code.
(8) The child is in the custody of the department pursuant to a court order for at least one year, unless sooner permitted by the court, and the identity of the child's father remains unknown and all the following have occurred:
(a) In the course of investigating the case and providing services to the family, the department has been unable to learn the identity of the father.
(b) No party to the proceedings or the mother, if not a party, is able to provide a first and last name of a putative father or alias sufficient to provide a reasonable possibility of identification and location.
(c) The department has obtained all of the following:
(i) A certified copy of the child's birth certificate with no one indicated thereon as the father of the child, or the father listed has been determined not to be the biological father of the child.
(ii) A recent certificate from the putative father registry indicating that no person is listed or registered as the child's father.
(iii) A recent certificate from the clerk of court in the parish in which the child was born indicating that no acknowledgment with respect to this child has been recorded.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2000, 1st Ex. Sess., No. 109, §1, eff. April 17, 2000; Acts 2001, No. 499, §1; Acts 2003, No. 609, §1; Acts 2003, No. 781, §1; Acts 2012, No. 446, §6; Acts 2012, No. 730, §1; Acts 2014, No. 602, §1, eff. June 12, 2014; Acts 2016, No. 608, §1; Acts 2017, No. 239, §1; Acts 2018, No. 206, §6; Acts 2023, No. 271, §1, eff. June 9, 2023.
Parental rights of a natural parent may be terminated in cases where there is a conviction or commission of a sex offense as defined in R.S. 15:541 by that natural parent which resulted in the conception of the child.
Acts 2023, No. 271, §1, eff. June 9, 2023.
NOTE: Former Ch.C. Art. 1015.1 redesignated as Ch.C. Art. 1015.2 by Acts 2023, No. 271, §1, eff. June 9, 2023.
A. A petitioner shall not be required to prepay nor be cast with court costs or costs of service or subpoena for the filing of the petition pursuant to Article 1015.1. The clerk of court shall immediately file and process the petition, regardless of the ability of the petitioner to pay court costs.
B. All court costs, attorney fees, costs of enforcement and modification proceedings, costs of appeals, evaluation fees, and expert witness fees incurred in filing, maintaining, or defending any proceeding in accordance with Article 1015.1 shall be paid by the perpetrator of the sex offense, including all costs of medical and psychological care for the sexually abused parent or for the child conceived as a result of the sex offense.
Acts 2016, No. 608, §1; Redesignated from Ch.C. Art. 1015.1 by Acts 2023, No. 271, §1, eff. June 9, 2023; Acts 2024, No. 92, §1.
A.(1) The child and each identified parent shall have the right to be represented by separate counsel in a termination proceeding brought in accordance with this Title. The child shall be a party to the proceedings. Neither the child nor anyone purporting to act on behalf of the child shall be permitted to waive the child's right to counsel.
(2) In no event shall the petitioner of an action pursuant to Article 1015.1 or the child be required to interact with the respondent as a condition to pursue termination in accordance with this Article. Any counsel acting on behalf of the child shall not require a petitioner to make the child available for any visitation or conversation with the respondent or the respondent's family and shall not require any nonoffending petitioner to take classes or provide updates on the child. A petitioner shall have the right to seek an emergency supervisory writ for any violation of this Article.
B. The court shall appoint the entity designated for the jurisdiction by the Louisiana Supreme Court to provide qualified, independent counsel for the child in the proceeding. Counsel for the child shall have the authority to represent the child throughout the termination proceeding and any appellate review.
C. If the court determines that the parent is indigent and unable to employ counsel solely for that reason, the court shall refer the parent for representation by the Indigent Parents' Representation Program.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2004, No. 301, §1, eff. June 18, 2004; Acts 2004, No. 321, §1; Acts 2006, No. 271, §1; Acts 2014, No. 354, §1; Acts 2017, No. 239, §1; Acts 2022, No. 272, §1; Acts 2023, No. 271, §1, eff. June 9, 2023; Acts 2024, No. 92, §1.
A proceeding under this Title shall be commenced by petition.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992.
A. The petition shall contain a caption setting forth the name of the court and the title of the action. The petition shall be entitled, "The State of Louisiana in the Interest of...".
B. Allegations of fact shall be simple, concise, and direct and shall be set forth in numbered paragraphs. As far as practicable, each paragraph shall be limited to a single set of circumstances. Allegations of fact may be made on information and belief.
C. Failure to comply with formal requirements of this Article shall not be grounds for dismissal of a petition or invalidation of the proceedings unless it results in substantial prejudice.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2014, No. 133, §1.
A. The petition shall set forth with specificity:
(1) The name, date, and place of birth, sex, race, and address of the child. If the child is in a foster home, the identification of the parish in which he resides shall suffice for his address.
(2) The name and current address of the child's parents.
(3) The name, age, and sex of any other biological relatives of the child who are currently living with the child in his home.
(4) The name of any public institution or agency having the responsibility or ability to supply services alleged to be needed by the family.
(5) A statement as to whether the petitioner knows or has reason to know that the child is an Indian child and facts that support that statement.
B. If any of the information required by Paragraph A of this Article is unknown, the petition shall so allege. Any defects in the information required by Paragraph A of this Article shall be considered defects of form. The petitioner shall inform the court if he subsequently discovers information indicating that the child is an Indian child.
C. The petition shall allege facts that constitute the grounds necessary for the termination of parental rights as set forth in Article 1015 or 1015.1.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 2018, No. 296, §1; Acts 2024, No. 92, §1.
Upon the filing of the petition, the court shall provide notice and a copy of the petition to the entity designated for the jurisdiction to provide counsel for the child in accordance with Article 607 and to the entity representing indigent parents in accordance with Article 608.
Acts 2022, No. 272, §1.
A copy of the petition and the notice of the nature of the hearing and the rights of the parent, as provided for in Article 1020, shall be served, in a sealed envelope, upon every parent of the child. A copy of the petition and the notice of the nature of the hearing shall be served on the child through the entity designated for the jurisdiction to provide counsel for the child.
Acts 2022, No. 272, §1.
Notice shall be issued by the clerk and served, together with a copy of the petition, on every parent against whom a proceeding is instituted under this Title and shall state:
"NOTICE
Louisiana law provides that you can permanently lose your rights as a parent. A petition has been filed requesting the court to terminate your parental rights to your child. A copy of the petition is attached to this notice. A court hearing of your case has been scheduled for the _____ day of __________, _____ at the __________ division of __________ court in the parish of __________. At this hearing, you will be asked to answer the petition by either admitting or denying the truth of the facts stated in the petition. If you admit those facts, you may also consent to the termination of your parental rights at this hearing. If you deny any or all of those facts, you will be given a date to return for a trial. If you fail to appear, the court can terminate your rights despite your absence. If the court at the trial finds that the facts set out in the petition are true and that termination of your rights will serve the best interests of your child, the court can enter a judgment ending your rights to your child. If the judgment terminates your parental rights, you will no longer have any rights to visit or to have custody of your child, or make any decisions affecting your child. Your child will be legally freed to be adopted by someone else. This is a very serious matter. You should contact a lawyer immediately so that you can be prepared for the court hearing. You have the right to hire a lawyer and to have him or her represent you. If you cannot afford to hire a lawyer, you may call the telephone number on the attached form for information concerning free legal aid. If free legal aid is not available, the court will appoint a lawyer at the scheduled hearing if the court finds that you are unable to pay some or all of the costs. Whether or not you decide to hire an attorney, you have the right to attend the hearing of your case, to call witnesses on your behalf, and to question those witnesses brought against you. If you have any questions concerning this notice, you may call the telephone number of the clerk's office which is __________."
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 256, §1.
A. For a child, through counsel, and for a parent who resides within the state, service of the petition, summons, and notice shall be made as soon as possible, and not less than fifteen days prior to commencement of the adjudication hearing on the matter, by any of the following means:
(1) Personal service.
(2) Domiciliary service.
(3) Certified mail.
(4) Electronic mail to the electronic mail address provided by counsel for the child or expressly designated by the parent in a pleading, at the continued custody or continued safety plan hearing, or at any other hearing at which the parent personally appeared before the court.
(5) Actual delivery by a commercial courier.
B. The person effecting service shall execute a return and, if service was made by certified mail, the return receipt shall be attached thereto.
C. Service by electronic mail is complete upon transmission, provided that the sender receives an electronic confirmation of delivery.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2022, No. 272, §1.
If a parent against whom a proceeding is instituted does not reside within this state, service of citation shall be made by registered or certified mail to the address indicated in the petition, return receipt required, not less than five days prior to commencement of the hearing on the matter.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2021, No. 158, §1.
A. If the parent against whom a proceeding is instituted cannot be served in accordance with either Article 1021 or 1022, the court shall appoint an attorney at law as curator ad hoc for the parent and service of citation shall be made upon the curator ad hoc.
B. Upon appointment of the curator ad hoc, a copy of the order of appointment shall be forwarded to the department.
C. If the father is unidentified, it is not necessary to appoint a curator ad hoc for that parent. The father shall be considered unidentified if the biological father's name is not provided on the birth certificate, there is no presumed father, and no party to the proceedings or the mother, if not a party, is able to provide a first and last name of a putative father or alias sufficient to provide a reasonable possibility of identification and location.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2016, No. 407, §3, eff. June 5, 2016; Acts 2017, No. 239, §1.
A. The curator ad hoc shall make a diligent effort to locate the parent and notify him of the pendency and nature of the proceedings. Such notice shall include:
(1) The allegations made against the parent.
(2) The right of the parent to appear at the hearing, to defend against the allegations, and to compel the attendance of witnesses on his behalf.
(3) The right of the parent to retain counsel.
B. If the curator ad hoc fails to locate the parent, the curator ad hoc shall attend the hearing of this matter, submit a note of evidence on the record indicating the efforts made to locate the parent, and proceed contradictorily unless the parent is subsequently served or waives objection to jurisdiction. Proceedings held contradictorily with the curator ad hoc shall be of full force and legal effect against the parent.
C. If the parent is served in accordance with either Article 1021 or 1022 or is located by the curator ad hoc, the curator ad hoc shall attend the hearing and submit a note of evidence on the record indicating the efforts made to locate the parent.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 578, §4.
A. The parish or municipality in which a termination of parental rights proceeding is held shall reimburse the transporting sheriff for the expenses incurred in transporting the incarcerated parent to and from the termination of parental rights proceeding and any other related proceeding at which the court requires the presence of the parent.
B. Upon application of the transporting sheriff, the court shall order the parish or municipality in which the termination of parental rights proceeding was held to pay the costs of transporting the incarcerated parent to the proceeding.
Acts 2006, No. 272, §1.
A. Notwithstanding any provision of the law to the contrary, the department shall provide to the curator ad hoc all available information pertinent to the location of an absentee parent, including names and addresses of known relatives, within fifteen days of receipt of a copy of the court order appointing the curator ad hoc.
B. The department shall fully cooperate with any court which has authority with respect to the placement of a child in foster care or for adoption for the purpose of locating a parent of the child. Such cooperation shall include making available all information obtained from the Federal Parent Locator Service.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2007, No. 334, §1.
A. The court shall require the parent to appear in person to answer the petition within fifteen days after the filing of the petition.
B. The court may also permit the parent to consent to judgment in accordance with Article 1025.2 or execute a surrender for adoption in accordance with Article 1122.
C. At the appearance the court may either convene immediately the pre-hearing conference required by Article 1025.4 or set a date for the conference.
Acts 1997, No. 256, §1.
The parent whose rights are sought to be terminated may stipulate that the grounds alleged in the petition are true provided that all of the following occur:
(1) He personally appears before the court. A parent who resides either in another parish or in another state may personally appear before the court exercising juvenile court jurisdiction in his place of residence.
(2) The court fully informs him of his rights and the consequences of such a stipulation.
(3) The parent knowingly and voluntarily consents to the judgment.
Acts 1997, No. 256, §1.
A. If, after proper service, the parent fails to appear before the court to answer the petition as required by Article 1025.1(A), the court shall set the date for the termination of parental rights hearing as required by Article 1031.
B. Notice of the hearing date shall be sent to the nonappearing parent by either registered or certified mail, return receipt requested, postage prepaid, to the addressee only.
Acts 1997, No. 256, §1.
A. At the appearance, on its own motion or on motion of counsel, the court shall direct counsel for the petitioner, for the parents, and for the child to appear before it for a conference to consider the following:
(1) The consideration of alternatives to formal court proceedings when their use is appropriate and in the best interest of the child.
(2) Efforts to identify and locate an unidentified or absent parent and relatives or other individuals willing and able to offer a wholesome and stable home for the child.
(3) Whether there is an issue of paternity requiring the issuance of an order for immediate blood or tissue sampling in accordance with the provisions of R.S. 9:396 et seq.
(4) The simplification of the issues including the elimination of frivolous claims or defenses.
(5) The necessity or desirability of amendments to the petition.
(6) What material facts and issues exist without substantial controversy, and what material facts and issues are actually and in good faith controverted.
(7) Proof, stipulations regarding the authenticity of documents, and advance rulings from the court on the admissibility of evidence.
(8) Limitations or restrictions on or regulation of the use of expert testimony under Louisiana Code of Evidence Article 702.
(9) The control and scheduling of discovery.
(10) The identification of witnesses, documents, and exhibits.
(11) Such other matters as may aid in the disposition of the action.
B. The court shall render an order which recites the action taken at the conference, the amendments allowed to the petition, and the agreements made by the parties as to any of the matters considered, and which limits the issues for adjudication to those not disposed of by admissions or agreements of counsel. Such order controls the subsequent course of the action, unless modified at the termination of parental rights hearing to prevent manifest injustice.
C. If a party's counsel fails to obey a prehearing order, or to appear at the prehearing and scheduling conference, or is substantially unprepared to participate in the conference, or fails to participate in good faith, the court, upon its own motion or on the motion of a party, after hearing, may make such orders as are just, including orders provided in Code of Civil Procedure Article 1471(2), (3), and (4). In lieu of or in addition to any other sanction, the court may require the party or his counsel, or both, to pay the reasonable expenses incurred by noncompliance with this Paragraph, including attorney fees.
Acts 1997, No. 256, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2017, No. 239, §1.
A. Upon motion of any party or the court, the court may order physical or mental examination or evaluation of any party whose mental or physical condition is in controversy in accordance with the provisions of Article 1464 of the Louisiana Code of Civil Procedure.
B. The cost of any ordered examination or evaluation shall be paid by the moving party unless apportioned by the court, in its discretion, to any other party or parties.
C. The information obtained by an examination or evaluation ordered pursuant to this Article shall not be admissible in any subsequent proceeding for any purpose including impeachment.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992.
A. At any stage of the proceedings, upon written motion of counsel for the protected person or his parent, the court may order the district attorney or the department to permit counsel to inspect:
(1) Reports of investigation in the possession or control of the district attorney or the department.
(2) Reports of evaluations or tests pertaining to the child in the possession or control of the district attorney or the department.
(3) The case records maintained by the department pertaining to the child and the parent, except information otherwise protected under R.S. 46:56 or by restrictive order pursuant to Article 1028.
(4) Any videotape of a protected person made in compliance with Chapter 8 of Title III which is in the possession or control of the district attorney or the department.
B. The court shall order the district attorney or the department to permit counsel to inspect and copy any physical evidence, documents, or photographs which the state intends to offer into evidence at the hearing as provided for in Subparagraphs A(1), (2), and (4). However, the court may, in its discretion, permit the inspection of evidence provided for in Subparagraph A(3).
C. If counsel for the child or his parents is provided discovery, the court may condition that order upon reciprocal discovery by the state.
D. The court shall not order the production or inspection of any part of a writing that reflects the mental impressions, conclusions, or theories of an attorney nor any other type of discovery except that expressly authorized by this Article.
E. The duties imposed by a discovery order continue while the child is subject to the jurisdiction of the court, unless the order provides otherwise.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2004, No. 241, §1.
A. The court may limit, modify, or restrict discovery upon written motion and a showing of good cause, such as a claim of confidentiality under R.S. 46:56. Such showing may be made ex parte if the interests of justice so require.
B. If the court restricts, limits, or modifies its order, the written motion showing good cause may be sealed and shall be placed in the record of the proceeding.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
No person shall be allowed to intervene in a proceeding brought under this Title.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992.
Once a petition to terminate parental rights has been filed, the parent is thereafter without authority to execute an act of surrender or otherwise to affect the custody of the child except:
(1) The parent may execute an act of surrender in favor of the department with the approval of the court.
(2) The parent may consent to a judgment terminating his parental rights as provided in Article 1025.2.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2012, No. 730, §1.
The termination of parental rights hearing shall commence within sixty days after the date set for the appearance to answer the petition.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 256, §1.
Upon a showing of good cause and notice to the opposing party, the court may grant, deny, or restrict a requested continuance of the proceeding. The court shall avoid delays in resolving the status of the parent and in achieving permanency for the child.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1.
If it appears from the record that the parent has been served in accordance with Article 1021 or 1022 or has been located and notified in accordance with Article 1020 and the parent fails to appear at the hearing, then the hearing shall be held in the parent's absence and the petitioner shall be required to establish prima facie proof of the allegations contained in the petition.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1.
A. Among other rights expressly guaranteed by this Title or by due process of law, at the hearing the parent may introduce evidence, call witnesses, be heard on his own behalf, and cross-examine witnesses called by the petitioner or the child.
B. Among other rights expressly guaranteed by this Title or by due process of law, at the hearing the child may introduce evidence, call witnesses, and cross-examine witnesses called by the petitioner or by the parent.
C. If competent, the child may be heard on his own behalf. Any testimony given by a child may be taken by a videotaped interview or by closed circuit television, as authorized by Title 3, Chapter 8 of this Code, or by an in-chambers conference attended only by the judge and court reporter and by counsel for the child, for the petitioner, and for the parents.
D. Testimony or other evidence relevant to the abuse or neglect of a child or the cause of such condition may not be excluded on any ground of privilege, except in the case of communications between an attorney and his client or communications between a priest, rabbi, duly ordained minister, or Christian Science practitioner and his communicant.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1.
A. At the commencement of the hearing, the court shall inquire as to whether the petitioner or any person before the court knows or has reason to know that the child is an Indian child. If no person before the court responds affirmatively, the court may proceed, although it shall instruct each person before the court to inform the court if he subsequently discovers information indicating that the child is an Indian child.
B. In accordance with Article 1034.2, if the court finds that there is reason to know that the child is an Indian child, the court shall immediately proceed pursuant to the federal Indian Child Welfare Act and the regulations promulgated thereunder.
C. If a tribe fails to respond to multiple requests for verification that the child is an Indian child and the court or department has sought the assistance of the Bureau of Indian Affairs in contacting the tribe, the court may make the determination that the child is not an Indian child based on the information it has available and proceed to termination in accordance with this Title.
Acts 2018, No. 296, §1.
Upon conducting the inquiry required by Article 1034.1, a court has reason to know that a child is an Indian child if any of the following occurs:
(1) A person before the court, an officer of the court involved in the proceeding, an Indian tribe, an Indian organization, or an agency informs the court that the child is an Indian child.
(2) A person before the court, an officer of the court involved in the proceeding, an Indian tribe, an Indian organization, or an agency informs the court that it has discovered information indicating that the child is an Indian child.
(3) The child who is the subject of the proceeding gives the court reason to know that he is an Indian child.
(4) The court is informed that the domicile or residence of the child, the child's parent, or the child's Indian custodian is on a reservation or in an Alaska Native village.
(5) The court is informed that the child is or has been a ward of a Tribal court.
(6) The court is informed that either parent or the child possesses an identification card indicating membership in an Indian tribe.
Acts 2018, No. 296, §1.
A. The petitioner bears the burden of establishing each element of a ground for termination of parental rights by clear and convincing evidence.
B. The parent asserting a mental or physical disability as an affirmative defense to abandonment pursuant to Article 1015(4) bears the burden of proof by a preponderance of the evidence.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 2017, No. 151, §1, eff. June 12, 2017; Acts 2024, No. 92, §1.
A. The admissibility of the conviction of a parent is governed by the Code of Evidence.
B. A prior conviction may be proved by certified copy of the judgment of conviction or certified copy of the minute entry of conviction.
C. In accordance with Article 1015(5), lack of parental compliance with a case plan may be evidenced by one or more of the following:
(1) The parent's failure to attend court-approved scheduled visitations with the child.
(2) The parent's failure to communicate with the child.
(3) The parent's failure to keep the department apprised of the parent's whereabouts and significant changes affecting the parent's ability to comply with the case plan for services.
(4) The parent's failure to contribute to the costs of the child's foster care, if ordered to do so by the court when approving the case plan.
(5) The parent's repeated failure to comply with the required program of treatment and rehabilitation services provided in the case plan.
(6) The parent's lack of substantial improvement in redressing the problems preventing reunification.
(7) The persistence of conditions that led to removal or similar potentially harmful conditions.
(8)(a) The parent's failure to provide a negative test result for all synthetic or other controlled dangerous substances, except for any drug for which the parent has lawfully received a prescription, at the completion of a reasonable case plan.
(b) For purposes of this Article, "controlled dangerous substance" shall have the meaning ascribed in R.S. 40:961.
D. In accordance with Article 1015(5), lack of any reasonable expectation of significant improvement in the parent's conduct in the near future may be evidenced by one or more of the following:
(1) Any physical or mental illness, mental deficiency, substance abuse, or chemical dependency that renders the parent unable or incapable of exercising parental responsibilities without exposing the child to a substantial risk of serious harm, based upon expert opinion or based upon an established pattern of behavior.
(2) A pattern of repeated incarceration of the parent that has rendered the parent unable to care for the immediate and continuing physical or emotional needs of the child for extended periods of time.
(3) Any other condition or conduct that reasonably indicates that the parent is unable or unwilling to provide an adequate permanent home for the child, based upon expert opinion or based upon an established pattern of behavior.
E. In accordance with Article 1015(6), a sentence of at least five years of imprisonment raises a presumption of the parent's inability to care for the child for an extended period of time, although the incarceration of a parent shall not in and of itself be sufficient to deprive a parent of parental rights.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 2017, No. 151, §1, eff. June 12, 2017; Acts 2018, No. 237, §1, eff. May 15, 2018; Acts 2024, No. 92, §1.
A. Evidence of a prior adjudication or a parent's prior stipulation that a child is in need of care and an instanter order or disposition judgment removing the child from the parent's custody shall be admissible in proceedings brought under this Title. If the prior adjudication judgment was entered by the same court, it may take judicial notice of its own records. If the prior order or judgment was entered by another court, a certified copy of the order or judgment or certified copy of the minute entry shall be admissible in accordance with the Louisiana Code of Evidence.
B. The court record of a prior child in need of care proceeding involving the child who is the subject of the termination proceeding may be introduced into evidence at the hearing on the termination of parental rights.
Acts 1997, No. 256, §1.
A. An incarcerated parent of a child in the custody of the department shall provide a reasonable plan for the appropriate care of his child other than foster care. Failure by the incarcerated parent to provide an appropriate plan may result in an action to terminate his parental rights.
B. Within thirty days of notification that a parent of a child in foster care is incarcerated in this state, a representative of the department shall visit the incarcerated parent and give written notification to the incarcerated parent of his duty to provide a reasonable plan for the appropriate care of the child. The department, at that time, shall obtain information regarding the plan, including the names, addresses, cellular numbers, telephone numbers, and other contact information of every potential suitable alternative caregiver.
C. The incarcerated parent shall provide the department with the required information in writing within sixty days of receipt of the notification form. During that period, a parent may submit additional information or names of other caregivers using the form attached to the notice. The department shall provide the parent with a stamped, self-addressed envelope for this purpose. No additional caregiver names will be accepted after the expiration of the sixty-day period, as evidenced by a postmark.
D. The department shall conduct an assessment of the persons named as caregivers by the incarcerated parent and shall notify the parent within ten days of completion of the assessment whether the persons named are willing and able to offer a wholesome and stable environment for the child.
E. The notification form given to the incarcerated parent shall be substantially as follows:
NOTICE OF DUTY TO PROVIDE A REASONABLE PLAN FOR THE APPROPRIATE CARE OF YOUR CHILD AND TERMINATION OF
PARENTAL RIGHTS LAW
NOTICE TO PARENT: YOUR CHILD(REN),___________________________
HAS/HAVE BEEN PLACED IN THE CUSTODY OF THE LOUISIANA DEPARTMENT OF CHILDREN AND FAMILY SERVICES BY ORDER OF THE ________________________ Parish juvenile court _______________________ on ______________________.
PLEASE BE ADVISED OF THE FOLLOWING:
Louisiana law provides that you may name a person who is willing and able to serve as the custodian of your child(ren) and to offer a wholesome and stable environment for your child(ren). Failure to furnish a reasonable plan for the appropriate care of your child(ren) may result in the termination of your parental rights.
Please refer to Louisiana Children's Code, Title X, Articles 1001 to 1043, especially Articles 1015(6) and 1036(E), for the details of Louisiana law regarding the termination of parental rights. A copy of the law is attached to this notice.
You are hereby notified that Louisiana law requires that you provide a reasonable plan for the appropriate care of your child(ren), other than continued foster care, within sixty (60) days of your receipt of this notice, which date is _________________________. Your plan shall include the names, addresses, cellular numbers, telephone numbers, and other contact information of every suitable alternative caregiver. You may provide additional information by filling out this form and mailing it in the stamped, self-addressed envelope given to you by the department before ______________________. If you fail or refuse to do so, you may lose all rights to your child(ren). Your plan will be examined to determine if it is reasonable and appropriate. Please provide your plan in detail no later than ____________________________________ to the following person:
NAME: ____________________________________________
ADDRESS: _________________________________________
CITY/STATE/ZIP: ___________________________________
TELEPHONE: ______________________________________
NOTE: IF YOU HAVE ANY QUESTIONS OR NEED ANY ASSISTANCE, CONTACT THE ABOVE PERSON OR YOUR ATTORNEY IMMEDIATELY.
Copy of the law, La. Ch.C. Arts. 1001 - 1043, Attached. PLEASE READ.
I, ____________________________________, hereby certify that a copy of this notice with La. Ch.C. Arts. 1001-1043 attached, was delivered to ___________________________ on __________________________________ by personal delivery at the following location _____________________________.
DATE:________________________________
Signature of caseworker
I, __________________________________, have received a copy of this notice, together with the attached laws (La. Ch.C. Arts. 1001-1043), and acknowledge that I understand fully that my rights may be terminated and my child(ren) adopted by others if I do not provide a reasonable plan of appropriate care while I am incarcerated, other than continued foster care, within sixty (60) days of my receipt of this notice on _____________________.
Signature of parent
Witness: ____________________________ Date: ______________
Acts 2006, No. 272, §1; Acts 2017, No. 151, §1, eff. June 12, 2017; Acts 2024, No. 92, §1.
A. After final submission, the court shall render its judgment within thirty days.
B.(1) When the court finds that the alleged grounds set out in any Paragraph of Article 1015 or 1015.1 are proven by the evidentiary standards required by Article 1035 and that it is in the best interest of the child, it shall order the termination of the parental rights of the parent against whom the allegations are proven. The court shall enter written findings on both issues. The consideration of the best interest of the child shall include consideration of the child's attachment to his current caretakers.
(2) When the grounds for termination set forth in Article 1015.1 have been established, it shall be considered in the best interest of the child for the parental rights of the perpetrator to be terminated.
C. The court shall enter into the record a written, signed judgment. The date of the entry of the judgment shall be recorded on the judgment.
D. A judgment terminating the parental rights of the parent shall grant custody of the child to the department, a relative who is of the age of majority and who is willing to adopt the child without an adoption subsidy, or other suitable person, in accordance with the best interest of the child.
E. A judgment terminating the parental rights of the parent shall inform the parent of his right to use the services of the voluntary registry as provided in Chapter 15 of Title XII, although failure to include such information shall not affect the validity of the termination judgment.
F. The judgment shall also certify the child for adoption if, as a result of proceedings pursuant to this Title or Titles XI and XII, the rights of all parents as defined by Article 1193 have been terminated or relinquished.
G. A copy of the judgment shall be furnished to all counsel of record and to all unrepresented parties.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 256, §1; Acts 1999, No. 754, §1; Acts 2003, No. 567, §1; Acts 2023, No. 271, §1, eff. June 9, 2023.
A. Subsequent to a termination of parental rights judgment when custody is granted to the department, the court may order continuing contact between the child and the parent, sibling, or other biological relative. The court may grant an order only after it makes findings of fact that continuing contact is in the best interest of the child. The court may receive expert testimony on the issue of continuing contact.
B. Any order for continuing contact shall remain in effect until the order is modified in accordance with Paragraph C of this Article, or the final decree of adoption is rendered.
C. Any order of continuing contact remains modifiable and shall be reviewed in the subsequent hearings required by Chapter 10 of this Title.
Acts 1997, No. 256, §1; Acts 2001, No. 567, §1; Acts 2024, No. 92, §1.
A final judgment terminating parental rights relieves the child and the parent against whom the judgment is rendered of all of their legal duties and divests them of all of their legal rights with regard to one another except as provided in Article 1037.1, and except:
(1) The right of the child to inherit from his biological parents and other relatives.
(2) The right of the child to benefits due him from any third person, agency, state, or the United States based on his status as a child of his biological parents or the rights and benefits that a native American derives from his descent from a member of a federally recognized Indian Tribe.
(3) The right of the child to pursue any civil action, other than future child support, against his biological parents.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1.
A. After final submission, the court shall render its judgment within thirty days.
B.(1) If the court finds that the alleged grounds are not proven in accordance with the evidentiary standards set forth in Article 1035 or if the court finds that termination of parental rights is not in the best interest of the child, it shall enter written findings on both issues and may:
(a) Dismiss the petition.
(b) Reinstate the parent to full care and custody of the child.
(c) If the child has been previously adjudicated as a child in need of care, reinstate that proceeding pursuant to Title VI of this Code.
(d) Upon a showing of sufficient facts, adjudicate the child in need of care in accordance with Title VI of this Code.
(e) Upon a showing of sufficient facts, adjudicate the family in need of services in accordance with Title VII of this Code.
(f) Make any other disposition that is in the best interest of the child.
(2) In actions based on Article 1015.1, if the court finds the alleged grounds are not proven, then any determination of custody, visitation, contact, and all other parental rights of the alleged perpetrator shall be determined in a separate action independent of the termination proceeding.
C. The court shall enter into the record a written judgment, signed by the court. The date of the entry of the judgment shall be recorded on the judgment.
D. A copy of the judgment shall be furnished to all counsel of record and to all unrepresented parties.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2003, No. 567, §1; Acts 2023, No. 271, §1, eff. June 9, 2023.
A. Following a judgment terminating all parental rights pursuant to this Title, when the department is the legal custodian of the child, the department shall report to the court in detail concerning the child's permanent placement.
B. When the department is not the legal custodian of the child, the petitioner shall report to the court concerning the child's adoptive placement.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1999, No. 1062, §2, eff. Jan. 1, 2000.
A. If no permanent placement has been made by the department within ninety days of such a judgment, the child shall be registered by the appropriate child placement agency involved or the state child placement agency with the Louisiana Adoption Resource Exchange within the department. Any such registration shall not include the surname of the child or otherwise reveal the identities of the blood parents of the child.
B. The department shall maintain a list of the registered children. Such list shall be updated quarterly and made available to all licensed child placement agencies in the state. Subject to the confidentiality requirements of all adoption matters, the department shall use every reasonable method of effecting a permanent placement. Media presentation of available children and other means of public solicitation for the purpose of matching potential adoptive parents with available children shall be used only in cases involving a child who is difficult to place for adoption, subject to rules and regulations adopted pursuant to the Administrative Procedure Act.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1999, No. 1062, §2, eff. Jan. 1, 2000.
A. When the department is the legal custodian of the child, if no permanent placement has been made within ninety days of such judgment, review hearings shall be held in accordance with the provisions of Chapters 15 and 16 of Title VI of this Code.
B. When the department is not the legal custodian of the child, review hearings shall be held every ninety days until a final decree of adoption is rendered.
C. Any attorney appointed to represent the child in the termination action shall continue to represent the child in all subsequent review hearings until the child is permanently placed.
D. The attorney appointed to represent the child shall also be responsible for reviewing and submitting a recommendation to the court regarding any agreement for post-adoption continuing contact that is filed for approval in accordance with Chapter 14-A of Title XII.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1995, No. 1095, §4; Acts 1999, No. 1062, §2, eff. Jan. 1, 2000; Acts 2001, No. 568, §1, eff. Jan. 1, 2002.
Parents whose rights have been terminated and an adopted child are permitted to use the services of the voluntary registry as provided in Chapter 15 of Title XII.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992.
A. If a child is in foster care and is over the age of fifteen, counsel appointed for the child or the department may file a motion to restore the parental rights or parental contact with a parent whose rights have been terminated. The motion shall be filed in the court in which permanency hearings for the child are being conducted. When the counsel for the child files the motion, it shall be served on the department.
B. The court shall sign an order setting the time and place of the hearing on the motion not less than forty-five nor more than sixty days after the date of the filing of the motion. The court may continue the hearing for up to thirty additional days for good cause, which may include a showing by the department that it, despite its diligent effort, has been unable to complete the confidential report required by Article 1052 within the prescribed time. Upon joint motion of the department and the child, the court may set the date of the hearing within fifteen days after the filing of the motion.
C. The moving party shall mail a copy of the motion and order to the parents, foster parents, and CASA volunteer of the child. The parents, foster parents, and CASA volunteer shall have a right to be heard at the hearing but are not parties and the hearing may be conducted in their absence.
D. The motion shall be dismissed if the parent cannot be located. The court may not grant the relief requested in the motion without the consent of the parent.
Acts 2008, No. 436, §1.
A. The department shall make a diligent effort to locate a parent whose rights may be restored and notify him of the effects of the restoration, including the obligation to pay child support or parental contribution. The notice to the parent shall contain a copy of the motion showing the time and date of the hearing.
B. Within forty-five days after the date the motion is filed, or by an earlier date as set by the court, the department shall submit a confidential report to the court which shall include findings on the following:
(1) The change in circumstances since the certification for adoption.
(2) A summary of the reasons why parental rights were terminated and the date of the judgment.
(3) The willingness of the parent to resume contact with the child and to have parental rights restored.
(4) The willingness of the child to resume contact with the parent and to have parental rights restored.
(5) The ability and willingness of the parent to be involved in the life of the child and to accept the physical custody of the child.
(6) Other relevant information.
Acts 2008, No. 436, §1.
A. At the hearing, the court may, in the best interest of the child:
(1) Allow contact between the parent and child, and if so, under what conditions.
(2) Restore the parental rights of the parent.
(3) Place the child in the custody of the parent with or without continuing supervision of the department. If the court orders placement of the child in the custody of a parent who resides out of state, it shall order compliance with the Interstate Compact on the Placement of Children.
B. If the department, counsel for the child, CASA volunteer, and the parent stipulate that restoration of parental rights or parental contact is in the best interest of the child, the court may, after reviewing the report of the department, enter a judgment to that effect without a hearing.
C. The restoration of parental rights and placement of the child in the custody of the parent without supervision by the department is considered a permanent placement. Any other disposition by the court shall be made part of the case plan.
Acts 2008, No. 436, §1.
Except as otherwise provided in Articles 1195 and 1196 of this Code, this Title provides the exclusive means by which a parent can voluntarily relinquish his parental rights to a child for the ultimate purpose of adoption.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 2000, 1st Ex. Sess., No. 109, §1, eff. April 17, 2000; Acts 2003, No. 609, §1.
Except as otherwise specified in this Title, all provisions of the Children's Code remain applicable.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
As used in this Title:
(1) "Agency" includes the Department of Children and Family Services, the corresponding department of any other state, and those private agencies and institutions licensed for the placement of children for adoption by the Department of Children and Family Services or by the corresponding department of any other state.
(2) "Birth certificate" means the child's official birth certificate or a true copy of a prefiled version of the birth certificate in the event the official birth certificate has not yet been issued.
(3) "Child" means a person under eighteen years of age and not emancipated by marriage.
(4) "Department" means the Louisiana Department of Children and Family Services.
(5) "Parental fitness" means:
(a) That a parent has not abused the child. For purposes of this Subparagraph, abuse means the infliction of physical or mental injury which causes deterioration to the child, sexual abuse, exploitation, or overworking of a child to such an extent that his health or moral or emotional well-being is endangered.
(b) That a parent has consistently offered to provide reasonably necessary food, clothing, appropriate shelter, or treatment for the child. For purposes of this Subparagraph, treatment means medical care or other health services provided in accordance with the tenets of a well-recognized religious method of healing with a reasonable, proven record of success.
(c) That a parent suffers from no medical or emotional illness, mental deficiency, behavior or conduct disorder, severe physical disability, substance abuse, or chemical dependency which makes him unable or unwilling to provide an adequate permanent home for the child at the present time or in the reasonably near future based upon expert opinion or based upon an established pattern of behavior.
(d) Viewed in its entirety, the parent's past or present conduct, including his criminal convictions, would not pose a risk of substantial harm to the physical, mental, or emotional health of the child.
(6) "Putative father registry" means the Louisiana putative father registry established in Part I-C of Chapter 1 of Code Title VII of Code Book I of Title 9 of the Louisiana Revised Statutes of 1950, comprised of R.S. 9:400 and 400.1.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 797, §1; Acts 2022, No. 202, §1.
A. To the extent there are special provisions set forth in this Title, a voluntary act of surrender executed pursuant to this Title is subject to the provisions herein and not to conventional obligations law.
B. The act of surrender shall be presumptive evidence of a legal and voluntary surrender only if it contains every element required by Article 1122, and is in all other respects executed in accordance with the provisions of this Title.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
The clerks of the respective juvenile courts shall open separate records and keep separate indices of all documents filed in accordance with this Title. All such records shall be indexed in the name of the child and shall be subject to disclosure only as provided in this Title.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
A. Acknowledgment of a child by authentic act may be evidenced by proof of its filing. If the child is born in Louisiana, and the acknowledgment is by authentic act, it shall be filed with the state registrar, office of vital records, the central repository for paternity acknowledgments, and recorded in the office of the clerk of court in the parish in which the child is born in order for the father to be accorded the rights afforded by Article 1193.
B. All acknowledgments by authentic act recorded pursuant to this Article shall indicate the name of the child, the child's date of birth, if known, the name of the mother, and the full name and address of the acknowledging father.
C. A judgment of filiation rendered by a court which recognizes a father as having formally acknowledged a child born outside of marriage and in which the father is adjudged the parent of the child shall also be filed with the state registrar, office of vital records, the central repository for adjudications of paternity, and filed and recorded in the office of the clerk of court in the parish in which the child was born, if born in this state, or if the child was born in another state, in the parish in which the child is domiciled at the time of the judgment.
D. The clerk of court shall issue, on request, a certificate indicating whether any act of acknowledgment or any filiation judgment has been recorded relative to a particular child. If such an act has been recorded, the clerk shall include on the certificate the name and address of the father, the name of the notary, and the date of recordation of the certificate. Records of requests for certificates and copies of certificates issued shall be maintained in confidential records and shall not be open to public inspection. The acts recorded, however, shall be made available only upon motion and order for good cause shown. Certifications shall be issued to the department, other adoption agencies, and the courts of this state at no charge. The clerk may assess reasonable charges for copies of the certificate requested by other persons or agencies.
E. For purposes of this Article, "clerk of court" means the clerk of court in the parish in which the child was born. However, "clerk of court" means only the following clerks of court in the following parishes:
(1) In the parish of Caddo, the clerk of the Caddo Parish Juvenile Court.
(2) In the parish of East Baton Rouge, the clerk of the East Baton Rouge Parish Juvenile Court.
(3) In the parish of Jefferson, the clerk of the Jefferson Parish Juvenile Court.
(4) In the parish of Orleans, the clerk of the Orleans Parish Juvenile Court.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2004, No. 26, §3; Acts 2008, No. 561, §1.
A. All records maintained in accordance with this Title shall be confidential and shall not be open to inspection except on written authorization by the court and there shall be no publication.
B. Such written authorization shall be granted only upon a showing of compelling reasons and then only to the extent necessary to satisfy the compelling necessity pursuant to the procedures contained in Articles 1188 through 1192.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
During her pregnancy or thereafter, a mother of a child may execute an intent to surrender for adoption in accordance with Chapter 2-A of this Title.
Acts 2003, No. 564, §1.
A. The purpose of an act of intent to surrender for adoption is to facilitate early planning for the child who may be surrendered by the mother for adoption and to provide due notice at the earliest possible time to any alleged or adjudicated father who may have an interest in the child's custody.
B. An act of intent to surrender for adoption may be executed only by a pregnant female or mother of a child.
C. The intent to surrender for adoption process may be used only when the alleged or adjudicated father is identified and can be served.
D. The intent to surrender for adoption process may not be used to terminate the rights of a legal father.
Acts 2003, No. 564, §1.
A. A pregnant female or mother of a child may execute an act of intent to surrender for adoption if she meets the requirements for capacity to execute an act of surrender as set forth in Articles 1111 through 1114.
B. In all private adoptions, she must receive legal counseling in accordance with Article 1121(A). Her counsel shall execute an affidavit of counsel, which shall be attached to the intent to surrender for adoption and comply with the requirements of Article 1121(C).
C. Execution of an intent to surrender for adoption shall have no effect upon the parental rights of the pregnant female or mother of a child or of the legal father.
Acts 2003, No. 564, §1.
The agency or attorney for the prospective adoptive parents shall file any intent to surrender for adoption in a court of proper venue as authorized by Article 1180.
Acts 2003, No. 564, §1.
A. Every act of intent to surrender for adoption shall contain the following information:
(1) The name, parish of domicile, age, and marital status of the pregnant female anticipating adoption of her unborn child or of the mother of a child.
(2) The name and address of the alleged father of the child or expected child.
(3) The anticipated or actual birth date of the child.
(4) The court in which the act of intent to surrender for adoption will be filed.
B. The act of intent to surrender for adoption shall also recite the following declarations:
(1) Whether the act of intent to surrender for adoption is being executed prior to or after the birth of the child.
(2) That she has no mental incapacity and is under no interdiction that impairs her capacity to consent to the surrender of her child.
(3) That, if required by Article 1113, she is joined in the act of intent to surrender for adoption by her parents or tutor.
(4) That she has been informed and understands that the act of intent to surrender for adoption is only in anticipation of adoption and does not mean that she agrees to surrender the child.
(5) That she has been informed and understands that her rights as the parent of the child are not being terminated by execution of this act of intent to surrender for adoption.
(6) That she has been informed and understands that the act of intent to surrender for adoption is being executed for the purpose of determining whether the alleged father will oppose her plans for surrendering her child for adoption.
(7) That she has been informed and understands that if the alleged father responds by filing a timely written objection, he will receive notice of any motion for hearing to determine his parental rights that she may thereafter file or of any surrender she may thereafter execute and will be given notice of a hearing on his opposition and will be given an opportunity to present evidence to acknowledge his paternity, to demonstrate his fitness as a parent, and to demonstrate his commitment to the child.
(8) That she has been informed and understands that if the father does not respond by filing a timely written objection, that his potential parental rights may be terminated by the court upon the court's approval of her surrender.
(9) That she freely and voluntarily executes the act of intent to surrender for adoption and understands that she is not required to execute it and that failing to execute it will not prevent her from later deciding to surrender her child for adoption.
C. In a private adoption, the act of intent to surrender for adoption shall also recite that the pregnant female or mother has consulted with and been fully advised by an attorney about the meaning of these declarations and the consequences of the act of intent to surrender for adoption, other than the attorney, associate, partner, shareholder, or employee of the attorney's law firm or corporation for the prospective adoptive parent.
D. The act of intent to surrender for adoption shall be in authentic form and shall be dated and signed by the pregnant female or mother and her representative, if applicable. If required by Article 1113, it shall also be signed by the minor's parents or tutor, or the written consent of the court shall be attached.
E. The act of intent to surrender for adoption shall contain the requirements in substantially the following form:
"INTENT TO SURRENDER A CHILD FOR ADOPTION
STATE OF LOUISIANA"
PARISH OF (NAME OF PARISH)
BEFORE ME, the undersigned notary public, and in the presence of the two undersigned competent witnesses who are over the age of eighteen, personally came and appeared:
(NAME OF MOTHER)
a female of the age of (AGE), who is (MARITAL STATUS), and domiciled in the Parish of (NAME OF PARISH), who being first duly sworn, did depose and state:
(1) She is pregnant and expects to deliver a child on or about (EXPECTED DELIVERY DATE)
OR
[She is the mother of (CHILD'S NAME), born on (DATE OF BIRTH) in the (PARISH/COUNTY OF BIRTH), State of (STATE OF BIRTH).]
(2) The father of the child is [is believed to be] (FATHER'S NAME), and his address is (ADDRESS).
(3) To the best of her knowledge, the alleged father:
(a) Has not executed a notarial act of acknowledgment of the child.
(b) Has not admitted his paternity of the child by registering with the putative father registry.
(c) Has not informally acknowledged his paternity of this child.
(d) Has not had his paternity of this child established by court judgment.
OR
[The paternity of this child has been established by the judgment of the (NAME OF COURT) _________ on (DATE) finding that (FATHER'S NAME) is the father.]
(4) The court in which this act of intent to surrender for adoption is to be filed is (NAME OF JUVENILE COURT) located in (CITY AND PARISH OF COURT).
(5) Affiant declares that she has no mental incapacity and is under no interdiction that impairs her capacity to surrender the child.
(6) Affiant declares that she has been informed and understands that this act of intent to surrender for adoption is only in anticipation of adoption and does not mean that she agrees to surrender the child nor does her refusal to sign this intent to surrender for adoption prevent her from surrendering the child after birth for adoption.
(7) Affiant declares that she has been informed and understands that her rights as the parent of the child are not being terminated by execution of this act of intent to surrender for adoption.
(8) Affiant declares that she has been informed and understands that this act of intent to surrender for adoption is being executed for the purpose of determining whether the father will oppose her plans for surrendering her child for adoption.
(9) Affiant declares that she has been informed and understands that if the father responds by filing a timely written objection, he will receive notice of any motion for hearing to determine his parental rights that she may thereafter file or of any surrender she may thereafter execute, and will be given notice of a hearing on his opposition, and will be given an opportunity to present evidence to acknowledge his paternity, to demonstrate his fitness as a parent, and to demonstrate his commitment to the child.
(10) Affiant declares that she has been informed and understands that if the father does not respond by filing a timely written objection, that his potential parental rights may be terminated by the court upon the court's approval of her surrender.
(11) Affiant declares that she freely and voluntarily executes this act of intent to surrender for adoption.
(ADDITIONAL DECLARATIONS IF THE INTENT
TO SURRENDER IS FOR A PRIVATE ADOPTION)
(12) Affiant declares that she is eighteen years of age or older.
OR
[Affiant declares that she is under the age of eighteen and that (NAME OF PARENTS OR TUTOR) join in this act of intent to surrender for adoption.]
OR
[Affiant declares that she is under the age of eighteen and that (NAME OF JUVENILE COURT) located in (CITY AND PARISH OF COURT) has given its written consent for her execution of this act of intent to surrender for adoption.]
(13) Affiant declares that she has consulted with and been fully advised by an attorney about the meaning of these declarations and the consequences of this act of intent to surrender for adoption, other than the attorney for the prospective adoptive parent or an associate, partner, shareholder, or employee of the prospective adoptive parent's attorney's law firm or corporation.
Sworn to, signed, and notarized, after being carefully read and explained to (NAME OF MOTHER) in the presence of the undersigned notary and witnesses on this _____ day of _______, 20.
AFFIANT MOTHER
WITNESSES:
(ADDITIONAL SIGNATURE(S) IN PRIVATE ADOPTION
IF THE MOTHER IS A MINOR)
PARENT(S)/TUTOR OF MINOR MOTHER
NOTARY PUBLIC AND SEAL
(REQUIRED ADDITIONAL ATTACHMENT(S) IF THE ACT OF INTENT TO SURRENDER FOR ADOPTION IS FOR A PRIVATE ADOPTION:
(AFFIDAVIT OF ATTORNEY FOR MOTHER)
(REQUIRED ADDITIONAL ATTACHMENT IF THE SURRENDER IS BY A MINOR MOTHER WHOSE PARENT(S) OR TUTOR REFUSE TO JOIN IN THE INTENT TO SURRENDER FOR ADOPTION:
(WRITTEN CONSENT OF THE COURT)
Acts 2003, No. 564, §1; Acts 2004, No. 26, §3.
A. To preserve his right to oppose a subsequent adoption, the alleged or adjudicated father shall file an objection, in accordance with Article 1107.8, within fifteen days of service of the notice of intent to surrender for adoption, or, if the child has not yet been born, within five days of the birth of the child, whichever is earlier.
B. If the father fails to file a timely objection, he shall be deemed to have waived notice of the filing and service of any pleading in any subsequent surrender or adoption proceeding and to have no cause of action to challenge the child's adoption.
C. The court shall, upon motion, render an order terminating the parental rights of both parents if:
(1) A motion for hearing to determine the father's rights or a surrender by the mother is filed within ninety days of the filing of the intent to surrender.
(2) The surrender is filed in court in accordance with Article 1131.
(3) In accordance with Article 1131(C), the court finds that the surrender meets the requirements of this Title.
Acts 2003, No. 564, §1.
A. If an alleged or adjudicated father timely files with the court an objection to the intent to surrender for adoption, in accordance with Article 1107.8, he shall be deemed to have filed a timely opposition to the adoption in accordance with Article 1137.
B. Within ninety days of the filing of her intent to surrender, the mother may file a motion for hearing to determine the father's parental rights. The court shall schedule a hearing to decide whether the father has established or forfeited his parental rights in accordance with Article 1138 within twenty days after the time the father was served with the motion for hearing. If the father fails to establish his parental rights, he shall be deemed to have waived notice of the filing and service of any pleading in any subsequent surrender or adoption proceeding and to have no cause of action to challenge the child's adoption and his parental rights are subject to termination upon the filing and approval of the mother's surrender.
C. If the mother thereafter files a surrender within ninety days of the filing of her intent to surrender and the father's rights have not been previously determined to be waived pursuant to Paragraph B of this Article, such a father shall be entitled to receive notice of its filing. The court shall schedule a hearing to decide whether the father has established or forfeited his parental rights, in accordance with Article 1138, within twenty days after the time he was served with the notice of the surrender.
D. If the mother does not file a motion for hearing pursuant to Paragraph B of this Article or thereafter file a surrender within ninety days of the filing of her intent to surrender, the intent to surrender shall be dissolved and shall be without legal consequences. Evidence of the intent to surrender, now dissolved, shall not be considered evidence of unfitness.
Acts 2003, No. 564, §1.
A. The notice of filing of a mother's intent to surrender for adoption shall contain the following information in substantially the following form:
"NOTICE OF FILING OF ACT OF INTENT TO SURRENDER
FOR ADOPTION
Be advised that on the _________ day of ____________, 20, ____________ (MOTHER'S NAME) voluntarily filed an act of intent to surrender for adoption of her child, namely ____________, born on the ______ day of __________, 20, in the Parish/County of _____________, State of _____________.
OR
[Be advised that on the ___________ day of _________, 20, ________________(MOTHER'S NAME) voluntarily filed an act of intent to surrender for adoption of her expected child to be born on or about _____________, 20.]
The act of intent to surrender for adoption names you as the father of this child. The act of intent to surrender for adoption does not bind the mother to follow through with plans to surrender her child for adoption. She may change her mind. Its only purpose is to determine whether you will oppose plans for surrendering this child for adoption.
You may attempt to oppose the proposed adoption of this child only by filing a written objection with this court within fifteen days after you receive this notice. In your objection, you must provide the court with an address where you can be contacted about further proceedings, if any, regarding the child's adoption.
A form for your use is attached.
Note that this objection must be signed under oath before a notary public after you have proved your identity. If the objection does not have the notary's signature, it is not effective.
If you do file such a written objection:
(1) You will have the right to receive notice of any surrender for adoption that the mother may hereafter sign giving up her parental rights to the child.
(2) You will also have the right to be given notice of any hearing scheduled by the court to decide whether your parental rights should be terminated. At that hearing, you must show that you are claiming or have acknowledged paternity of the child and must prove that you have assumed parental responsibility for the child, that you are a fit parent, and that you are willing and able to take custody of the child. At that hearing, the court will decide whether your efforts have been sufficient to preserve your parental rights regarding this child and to prevent the child's adoption.
These notices will be served upon you at the address you provide in your written objection.
If you do not file a written, notarized objection within fifteen days from the time you receive this notice, then you waive notice and service of future surrender or adoption proceedings, you have no cause of action to challenge the child's adoption, and all rights you may have as the child's alleged father may be terminated by order of this court and the child may be adopted if the mother does decide to sign a surrender of the child for adoption.
These are serious consequences. You are urged to contact a lawyer to advise you further."
B. With every notice of the filing of an act of intent to surrender for adoption, this form must be included for the alleged father's use:
"OBJECTION TO ADOPTION
____________ (Court File #)
STATE OF LOUISIANA
PARISH OF (NAME OF PARISH)
I, __________________________ (FATHER'S NAME), have received notice of an act of intent to surrender for adoption filed by ___________________________ (NAME OF PREGNANT FEMALE OR MOTHER), which names me as the father.
I believe that I am the father of this child.
I object to any adoption of this child.
I can be reached for notification of any surrender for adoption executed by the mother and any hearing on my opposition to the adoption of this child at
(ADDRESS: STREET, CITY AND ZIP CODE).
I understand that all notices will be made at that address unless I notify the court listed below in writing of a different address. If I move without notifying the court, I understand that the court will rule that no further attempts need to be made to contact me about any adoption of this child.
(SIGNATURE)
(PRINT NAME)
SWORN TO AND SUBSCRIBED BEFORE ME, Notary, on this the ________ day of ____________, _______, at ___________________ (CITY), Louisiana.
NOTARY PUBLIC AND SEAL
In order to be effective, this objection must either be mailed by registered or certified mail or filed by you or your representative with the following court:
JUVENILE COURT OF ____________ PARISH
(Address)"
Acts 2003, No. 564, §1; Acts 2024, No. 92, §1.
Notice of filing of an intent to surrender for adoption shall be given by personal service or by registered or certified mail, return receipt requested, delivery restricted to the addressee, to any alleged or adjudicated and identified father.
Acts 2003, No. 564, §1.
A. Subject to the provisions for capacity found in Chapter 4 of this Title any parent may execute a voluntary act of surrender.
B. If the parents are dead or are unknown, the child's tutor may execute the act of surrender for adoption.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
A surrendering parent must be domiciled in this state for at least eight months, unless a prospective adoptive parent has been domiciled in this state for at least eight months, or the child is in the custody of the Department of Children and Family Services.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1243, §2, eff. Jan. 1, 2000; Acts 2001, No. 1064, §2.
The surrender of a child for adoption by one parent shall have no effect upon the parental rights of any other parent.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
Except as provided hereinafter in this Chapter, any parent has the capacity to surrender his or her child for adoption.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
A. Except as provided herein, a parent may not execute a private surrender once custody of that child has been removed from the parent by order of a juvenile court and the child has been placed in the legal custody of any person or agency or if the child is the subject of a pending termination of parental rights proceeding.
B. Upon notice to the department and after a contradictory hearing, if requested by the department, a parent may, with approval of the court, execute a private surrender of a child in the legal custody of the department to the foster parent with whom the child was placed by the department.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
A. Except as otherwise provided herein, if a parent executing a surrender in a private adoption is a minor, the parents or tutor of the minor must join in the surrender unless the minor parent has been judicially emancipated under Civil Code Article 385 or emancipated by marriage under Civil Code Articles 379 through 384.
B. When the parents of the minor are separated or divorced, only the parent who has legal custody of the minor must join in the surrender.
C. When the minor's parents or tutor refuse to join in the act or cannot be located, the court may authorize the minor to surrender without the required consent if it finds that the minor is sufficiently mature and well-informed to surrender his child for adoption or that the surrender is otherwise in the child's best interest.
D. In an intrafamily adoption, the parents or tutor of the minor parent must join in the minor's consent to his child's adoption unless the court finds that the minor is sufficiently mature and well-informed to surrender his child for adoption or that the surrender is otherwise in the child's best interest.
E. A minor may surrender to an agency without the consent of the parents or tutor of the minor.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000.
Any parent who has been interdicted or who the court finds to be mentally incapable of giving a knowing and voluntary surrender shall not execute an act of surrender. Any act of surrender executed by an interdicted or mentally incapacitated parent is subject to annulment under Chapter 12 of this Title.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
A. A surrender may be made to any person or agency qualified to petition for the adoption of the child.
B. Prior to the execution of a surrender for private adoption pursuant to Chapter 10 of Title XII, each prospective adoptive parent shall obtain preplacement approval as required by Chapter 2 of Title XII.
C. Either a certification for adoption or a court order approving the adoptive placement, completed or brought current within the previous twelve months, shall be provided to the attorney for the prospective adoptive parents for filing with the surrender.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 2003, No. 567, §1.
In order for a surrender to an agency to be effective, the surrender shall be accepted in writing by the agency in the form of an authentic act.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
A. If a surrendering parent is not domiciled in this state, then the agency shall be domiciled in this state or be accepting the surrender of a child who is in the custody of the Department of Children and Family Services.
B. In order for a surrender to an agency to be effective, the agency accepting the surrender shall either be the Department of Children and Family Services or have been issued a child-placing or adoption license by the department.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1243, §2, eff. Jan. 1, 2000; Acts 2001, No. 1064, §2; Acts 2008, No. 584, §1; Acts 2017, No. 59, §1, eff. June 3, 2017.
The person or agency to whom a child is surrendered shall exercise all rights and responsibilities as legal custodian of the child.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
A. For purposes of insuring anonymity in private adoptions, an attorney at law licensed to practice in this state may be named in the surrender as representative of the accepting person. The named attorney may facilitate transfer of the child to the accepting person.
B. The attorney shall not be deemed the legal custodian of the child for any reason, including the satisfaction of the domiciliary requirement of Article 1117 of this Title or for the determination of jurisdiction or venue in any subsequent adoption proceeding.
C. The prospective adoptive parent need not be informed of the identity of the surrendering parent nor be shown the petition or other documents connected with the adoption proceeding, including any certification for adoption or court order approving the adoptive placement as required by Chapter 2 of Title XII.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
A. Prior to the execution of any surrender, a surrendering parent shall participate in a minimum of two counseling sessions relative to the surrender with a licensed social worker, licensed psychologist, medical psychologist, licensed psychiatrist, licensed counselor, or a counselor employed by a licensed child-placing agency.
B. The counselor shall execute an affidavit attesting that the surrendering parent attended a minimum of two sessions, and stating whether the surrendering parent appeared to understand the nature and consequences of his intended act. The affidavit of the counselor shall be attached to the act of surrender.
C. If, in the opinion of the counselor, there is any question concerning the parent's mental capacity to surrender, the basis for these concerns shall be stated in the affidavit. If indicated, the affidavit shall contain a specific recommendation for any further evaluation that may be needed to ascertain the parent's capacity.
D. If he is a major, any surrendering father of a child may waive the counseling otherwise mandated by Paragraph A of this Article. In this case, the attorney or counselor shall execute an affidavit attesting to the father's waiver and that he appeared to understand the nature and consequences of his intended act. The affidavit of the counselor or attorney shall be attached to the act of surrender.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2003, No. 567, §1; Acts 2009, No. 251, §13.
A. In all surrenders for private adoption, the surrendering parent and his representative, if applicable, or the child's tutor, as provided in Article 1108, shall be represented at the execution of the act by an attorney at law licensed to practice law in Louisiana; however, the attorney representing such person shall not be the attorney who represents the person who is the prospective adoptive parent, or an attorney who is an associate, partner, shareholder, or employee of the attorney, law firm, or corporation representing the prospective adoptive parent.
B. Counsel for the surrendering parent shall execute an affidavit of counsel, which shall be attached to the Act of Surrender.
C. The affidavit of counsel shall recite that counsel for the surrendering parent has fully explained to the parent the nature and effect of the Act of Surrender, including the penalties for making false statements in the act of surrender provided in R.S. 14:125.2, and that the parent appeared to understand the explanation given, that the parent freely and voluntarily executed the surrender, and that a copy of the act as executed has been provided to the surrendering parent.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2001, No. 953, §2; Acts 2008, No. 584, §1.
A. Every Act of Surrender shall contain the following information:
(1) The name, parish of domicile, age, and marital status of the surrendering parent.
(2) The name and last address, if known, of any other legal or natural parent of the child or a statement that the name or address is not known.
(3) The birth name, place, date of birth of the child, and a statement as to whether the child is an Indian child.
(4) The name and address of the person, agency, or representative to whom surrender is made.
(5) The court in which the surrender is to be filed as required by Article 1131.
B. The Act of Surrender shall also recite the following declarations:
(1) That the act is not being executed earlier than (a) the third day following the birth of the child if it is an agency adoption, or (b) the fifth day following the birth of a child if the adoption is a private adoption; or, when a father is surrendering earlier than the fifth day following the birth of the child, that (a) the adoption is an agency adoption, or (b) that the act is for private adoption and is being executed earlier than the fifth day following the birth of the child.
(2) That the parent has no mental incapacity and is under no interdiction.
(3) That the parent who is a minor is joined in the act of surrender by the parents or tutor or has written consent of the court, except in acts of surrender to an agency.
(4) That the parent has been informed and understands that upon its execution, the Act of Surrender is irrevocable, and that any rights as a parent of the child are permanently terminated by execution of the Act of Surrender unless it is nullified due to fraud or duress or is dissolved by a court of competent jurisdiction.
(5) That the parent freely and voluntarily surrenders custody of the child for the purpose of permanent placement and adoption.
(6) That the parent consents to an adoption which consent is final and irrevocable.
(7) That the parent waives notice and service of any subsequent adoption proceedings.
(8) That the parent has been informed of the provisions of the voluntary registration law, as provided for in Chapter 15 of Title XII, whereby contact can be established between the parent and the surrendered child upon the child's reaching majority if both the surrendering parent and the adopted person register and fulfill all registration requirements.
(9) That either a surrendering parent, the agency accepting the surrender, or the adoptive parents are domiciled in this state, or that the child is in the custody of the Department of Children and Family Services.
(10) That the parent has been informed and fully advised of the provisions of R.S. 14:125.2, and the penalties provided therein, by an attorney, other than the attorney, associate, or partner of the law firm representing the adoptive parent. This includes employees and shareholders of any firm, company, corporation, or limited liability partnership that may be representing the adoptive parents.
(11) In an adoption arranged by the Department of Children and Family Services, that the execution of the surrender is made without conditions of any kind. Failure to comply with any formal or informal agreement for post-adoption continuing contact shall not nullify the surrender nor constitute cause for its revocation.
(12) Whether a surrendering mother does or does not wish to be notified of the hearing of any opposition to the adoption filed pursuant to Article 1137.
(13) Whether a surrendering parent does or does not wish the future release of identifying information in the event of a medical necessity for which information is needed in order to treat the child.
(14) That the parent has been informed that the Statement of Family History will be given to the adoptive parents at the time of placement and made available, upon request, to the adopted person at the age of eighteen years or older.
C. The Act of Surrender shall recite that the parent has received a minimum of two pre-surrender counseling sessions or that, in the case of the father, he has waived such counseling in accordance with the requirements of Article 1120. It shall further state that the agency or individual accepting the surrender has no knowledge of any question concerning the mental capacity of the parent that has not been resolved by the court pursuant to Article 1130.1.
D. An act of private surrender shall also recite that the parent has consulted with and been fully advised by an attorney, other than the attorney, associate, partner, shareholder, or employee of the attorney's law firm or corporation for the prospective adoptive parent, about the meaning of these declarations and the effects of the act of surrender in accordance with Article 1123.
E. The Act of Surrender shall be in authentic form and shall be dated and signed by the surrendering parent, the attorney for the surrendering parent, if applicable, and either the adoptive parent or attorney representing the adoptive parent who wishes to remain anonymous, or a representative of the agency. If required by Article 1113, it shall also be signed by the minor's parents or tutor, or the written consent of the court shall be attached.
F. The Act of Surrender for a surrendering mother shall contain the requirements in substantially the following form:
"VOLUNTARY ACT OF SURRENDER FOR ADOPTION
(FOR A SURRENDERING MOTHER OF A CHILD)
STATE OF LOUISIANA
PARISH OF (NAME OF PARISH)
BEFORE ME, the undersigned notary public, and in the presence of the two undersigned competent witnesses who are over the age of eighteen, personally came and appeared:
(NAME OF SURRENDERING MOTHER)
a female of the age of (AGE), who is (MARITAL STATUS), and domiciled in the Parish of (NAME OF PARISH), who being first duly sworn, did depose and state:
(1) She is the mother of (CHILD'S NAME), born on (DATE OF BIRTH) in the (PARISH/COUNTY OF BIRTH), State of (STATE OF BIRTH).
(2) She was married at the birth or conception of the child, or has married subsequent to the child's birth and her husband has acknowledged his paternity of the child. The husband's name is (HUSBAND'S NAME) and his last known address was (ADDRESS OR UNKNOWN).
OR
She was not married at the birth or conception of the child, nor has she, subsequent to the child's birth, married any man who has acknowledged his paternity of the child. To the best of her knowledge, the alleged father has/has not executed an act of acknowledgment/a registration with the putative father registry that admitted his paternity of this child. He has/has not informally acknowledged his paternity of this child. His paternity of this child has/has not been established by court judgment.
(3) The other natural/alleged father of the child is (FATHER'S NAME), and his last known address was (ADDRESS OR UNKNOWN).
(4) The agency to whom this child is hereby surrendered is (NAME OF PERSON, AGENCY OR REPRESENTATIVE), whose address is (ADDRESS), who hereby accepts this surrender is domiciled in this state. The (NAME OF AGENCY) declares that he has no knowledge of any question concerning the parent's capacity to execute a surrender that has not been resolved by the court pursuant to Article 1130.1.
OR
If the surrender is for private adoption, the Person or Representative to whom this child is hereby surrendered is (NAME OF PERSON OR REPRESENTATIVE), whose address is (ADDRESS), hereby accepts this surrender from a surrendering parent who is domiciled in this state or on behalf of adoptive parents domiciled in this state. (NAME OF PERSON OR REPRESENTATIVE) declares that he has no knowledge of any question concerning the parent's capacity to execute a surrender that has not been resolved by the court pursuant to Article 1130.1.
(5) The court in which this surrender is to be filed is (NAME OF JUVENILE COURT) located in (CITY AND PARISH OF COURT) and that said court has jurisdiction over the status of the child by virtue of either a surrendering parent, a prospective adoptive parent, or a legal guardian being domiciled in this state, or that the child is in the custody of the Department of Children and Family Services.
(6) Affiant declares that this Act of Surrender is not being executed earlier than the third day following the birth of the child for agency adoptions or the fifth day following the birth of the child in a surrender for private adoption.
(7) Affiant declares that she has no mental incapacity and is under no interdiction.
(8) Affiant declares that she has been informed and understands that her rights as a parent of the child are permanently and irrevocably terminated by execution of this Act of Surrender; however, she understands that it may be declared null due to fraud or duress and may be dissolved if the adoption cannot be accomplished.
(9)(a) Affiant declares that she freely and voluntarily surrenders custody of the child for the purpose of placement and adoption.
(b) Affiant declares that she has been informed and understands that it is unlawful to willfully and knowingly make a written or oral false statement about the biological paternity of a child and has been advised that the penalties for such falsity are either a fine of ten thousand dollars or imprisonment for not more than five years, or both.
(10) Affiant declares that she consents to an adoption, which consent is final and irrevocable upon execution of this surrender.
(11) Affiant declares that she waives notice of the filing and service of any pleading of any sort in any subsequent adoption proceeding regarding the child surrendered.
(12) Affiant declares that she has been informed of the provisions of the voluntary registration law, whereby contact may be established with the surrendered child upon the child's reaching the age of eighteen years if both the surrendering parent and the adopted person register and fulfill all registration requirements.
(13) Affiant declares that she has attended a minimum of two pre-surrender counseling sessions relative to this surrender of her child for adoption.
(14) Affiant declares that she has been informed and fully advised of the provisions of R.S. 14:125.2 and the penalties provided therein by an attorney, other than the attorney, associate, partner, shareholder, or employee of the attorney's law firm or corporation for the prospective adoptive parent.
(ADDITIONAL DECLARATION IF THE SURRENDER IS FOR AN AGENCY ADOPTION ARRANGED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES)
(15) Affiant declares that the execution of this surrender is made without conditions of any kind. Failure to comply with any formal or informal agreement for post-adoption continuing contact will not nullify the surrender nor constitute cause for revocation.
(ADDITIONAL DECLARATIONS IF THE SURRENDER IS FOR A PRIVATE ADOPTION)
(16) Affiant declares that she is eighteen years of age or older.
OR
Affiant declares that she is under the age of eighteen and that (NAME OF PARENTS OR TUTOR) join in this surrender.
OR
Affiant declares that she is under the age of eighteen and that (NAME OF JUVENILE COURT) located in (CITY AND PARISH OF COURT) has given its written consent for her surrender.
(17) Affiant declares that she has consulted with and been fully advised by an attorney other than the attorney for the prospective adoptive parents about the meaning of these declarations and the consequences of this Act of Surrender.
(18) Affiant declares that she does or does not wish to be notified of the hearing of any opposition to the adoption filed pursuant to Article 1137.
(19) Affiant declares that she does or does not wish the future release of identifying information in the event of a medical necessity for which information is needed in order to treat the child.
(20) Affiant declares that she has been informed and understands that the Statement of Family History will be given to the adoptive parents at the time of placement and made available, upon request, to the adopted person at the age of eighteen years or older.
Sworn to, signed, and notarized, after being carefully read and explained to (NAME OF SURRENDERING PARENT) in the presence of the undersigned notary and witnesses on this _____ day of __________, 20.
WITNESSES:
(If agency adoption:)
SURRENDERING MOTHER
AGENCY REPRESENTATIVE
(If private adoption:)
SURRENDERING MOTHER
ATTORNEY FOR SURRENDERING MOTHER
ADOPTING PARENTS
OR
ATTORNEY FOR ADOPTING PARENTS
(if anonymity to be protected)
(Additional signature(s) in private adoption if the surrendering mother is a minor
PARENT(S)/TUTOR OF MINOR
SURRENDERING MOTHER)
NOTARY PUBLIC AND SEAL ATTACHMENTS:
( ) AFFIDAVIT OF MENTAL HEALTH COUNSELOR
( ) STATEMENT OF FAMILY HISTORY
[Required additional attachment if the surrender is for private adoption:
( ) AFFIDAVIT OF ATTORNEY FOR SURRENDERING PARENT]
[Required additional attachment if the surrender is by a minor mother whose parent(s) or tutor refuse to join in the Act of Surrender for a private adoption:
( ) WRITTEN CONSENT OF COURT]"
G. The Act of Surrender for a surrendering father shall contain the requirements in substantially the following form:
"VOLUNTARY ACT OF SURRENDER FOR ADOPTION
(FOR A SURRENDERING FATHER OF A CHILD)
STATE OF LOUISIANA
PARISH OF (NAME OF PARISH)
BEFORE ME, the undersigned notary public, and in the presence of the two undersigned competent witnesses who are over the age of eighteen, personally came and appeared:
(NAME OF SURRENDERING FATHER)
a male of the age of (AGE), who is (MARITAL STATUS), and domiciled in the Parish of (NAME OF PARISH), who being first duly sworn, did depose and state:
(1) He is the natural/alleged father of (CHILD'S NAME), born on (DATE OF BIRTH) in the (PARISH/COUNTY OF BIRTH), State of (STATE OF BIRTH).
OR
He is the natural/alleged father of the child to be born on or about (PROJECTED DATE OF BIRTH) to (MOTHER'S NAME).
(2) He was not married to the child's mother at the time of the child's birth or conception nor has he subsequently married this child's mother and acknowledged his paternity of the child.
OR
He was married to the child's mother at the time of the child's birth or conception.
OR
He has married this child's mother subsequent to the child's birth and has acknowledged his paternity of the child.
OR
He was not married to and has not married the mother of this child/expected child. He has/has not executed an act of formal acknowledgment/a registration with the putative father registry that admitted his paternity of this child/expected child. He has/has not informally acknowledged his paternity of this child/expected child. His paternity of this child/expected child has/has not been established by court judgment.
(3) The natural mother of the child/expected child is (MOTHER'S NAME), and her last known address was (ADDRESS OR UNKNOWN).
(4) The agency to whom this child is hereby surrendered is (NAME OF PERSON, AGENCY OR REPRESENTATIVE), whose address is (ADDRESS), who hereby accepts this surrender is domiciled in this state. The (NAME OF AGENCY) declares that he has no knowledge of any question concerning the parent's capacity to execute a surrender that has not been resolved by the court pursuant to Article 1130.1.
OR
If the surrender is for private adoption, the Person or Representative to whom this child is hereby surrendered is (NAME OF PERSON OR REPRESENTATIVE), whose address is (ADDRESS), hereby accepts this surrender from a surrendering parent who is domiciled in this state or on behalf of adoptive parents domiciled in this state. (NAME OF PERSON OR REPRESENTATIVE) declares that he has no knowledge of any question concerning the parent's capacity to execute a surrender that has not been resolved by the court pursuant to Article 1130.1.
(5) The court in which this surrender is to be filed is (NAME OF JUVENILE COURT) located in (CITY AND PARISH) and that said court has jurisdiction over the status of the child by virtue of either a surrendering parent, a prospective adoptive parent, or a legal guardian being domiciled in this state, or that the child is in the custody of the Department of Children and Family Services.
(6) Affiant declares that this Act of Surrender is/is not being executed earlier than the third day following the birth of the child for agency adoptions, or the fifth day following the birth of the child in a surrender for private adoption.
(7) Affiant declares that he has no mental incapacity and is under no interdiction.
(8) Affiant declares that he has been informed and understands that his rights as a natural parent/alleged parent of the child/expected child less than five days old are permanently and irrevocably terminated on the fifth day following the birth of the child; however, he understands that this Act of Surrender may be declared null due to fraud or duress and may be dissolved if the adoption cannot be accomplished.
OR
Affiant declares that he has been informed and understands that his rights as a natural parent/alleged parent of the child are permanently and irrevocably terminated by execution of this Act of Surrender; however, he understands that it may be declared null due to fraud or duress and may be dissolved if the adoption cannot be accomplished.
(9)(a) Affiant declares that he freely and voluntarily surrenders custody of this child for the purpose of placement and adoption.
(b) Affiant declares that he has been informed and understands that it is unlawful to willfully and knowingly make a written or oral false statement about the biological paternity of a child and has been advised that the penalties for such falsity are either a fine of ten thousand dollars or imprisonment for not more than five years, or both.
(10) Affiant declares that he consents to an adoption, which consent is final and irrevocable on the third day following the birth of this child/expected child for agency adoptions, and on the fifth day following the birth of this child/expected child less than five days old if this is a private adoption.
OR
Affiant declares that he consents to an adoption, which consent is final and irrevocable upon the execution of this surrender.
(11) Affiant declares that he waives notice of the filing and service of any pleading of any sort in any subsequent adoption proceeding regarding the child surrendered.
(12) Affiant declares that he has been informed of the provisions of the voluntary registration law, whereby contact may be established with the surrendered child upon the child's reaching the age of eighteen years if both the surrendering parent and the adopted person register and fulfill all registration requirements.
(13) Affiant declares that he has attended a minimum of two pre-surrender counseling sessions relative to the surrender of this child for adoption.
OR
Affiant declares that he waives pre-surrender counseling relative to the surrender of this child for adoption.
(14) Affiant declares that he has been informed and fully advised of the provisions of R.S. 14:125.2 and the penalties provided therein by an attorney, other than the attorney, associate, partner, shareholder, or employee of the attorney's law firm or corporation for the prospective adoptive parent.
(ADDITIONAL DECLARATION IF THE SURRENDER IS FOR AN AGENCY ADOPTION ARRANGED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES)
(15) Affiant declares that the execution of this surrender is made without conditions of any kind. Failure to comply with any formal or informal agreement for post-adoption continuing contact will not nullify the surrender nor constitute cause for revocation.
(ADDITIONAL DECLARATIONS IF THE SURRENDER IS FOR A PRIVATE ADOPTION)
(16) Affiant declares that he is eighteen years of age or older.
OR
Affiant declares that he is under the age of eighteen and that (NAME OF PARENTS OR TUTOR) join in this surrender.
OR
Affiant declares that he is under the age of eighteen and that (NAME OF JUVENILE COURT) located in (CITY AND PARISH OF COURT) has given its written consent for his surrender.
(17) Affiant declares that he has consulted with and been fully advised by an attorney other than the attorney for the prospective adoptive parents about the meaning of these declarations and the consequences of this Act of Surrender.
(18) Affiant declares that he does or does not wish the future release of identifying information in the event of a medical necessity for which information is needed in order to treat the child.
(19) Affiant declares that he has been informed and understands that the Statement of Family History will be given to the adoptive parents at the time of placement and made available, upon request, to the adopted person at the age of eighteen years or older.
Sworn to, signed, and notarized, after being carefully read and explained to (NAME OF SURRENDERING PARENT) in the presence of the undersigned notary and witnesses on this _____ day of __________, 20.
WITNESSES:
(If agency adoption:)
SURRENDERING FATHER
AGENCY REPRESENTATIVE
(If private adoption:)
SURRENDERING FATHER
ATTORNEY FOR SURRENDERING FATHER
ADOPTING PARENTS
OR
ATTORNEY FOR ADOPTING PARENTS
(if anonymity to be protected)
[Additional signature(s) in private adoption if the surrendering father is a minor
PARENT(S)/TUTOR OF MINOR
SURRENDERING FATHER]
NOTARY PUBLIC AND SEAL ATTACHMENTS:
( ) AFFIDAVIT OF MENTAL HEALTH COUNSELOR or AFFIDAVIT OF WAIVER OF COUNSELING
( ) STATEMENT OF FAMILY HISTORY
[Required additional attachment if the surrender is for private adoption:
( ) AFFIDAVIT OF ATTORNEY FOR SURRENDERING PARENT]
[Required additional attachment if the surrender is by a minor father whose parent(s) or tutor refuse to join in the Act of Surrender for a private adoption:
( ) WRITTEN CONSENT OF COURT]"
H. A copy of the Act of Surrender shall be made available to a surrendering parent at the time it is executed, or upon request, at any time thereafter.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1995, No. 1095, §5; Acts 1999, No. 1243, §2, eff. Jan. 1, 2000; Acts 2001, No. 953, §2; Acts 2001, No. 1064, §2; Acts 2003, No. 567, §1; Acts 2008, No. 583, §1; Acts 2008, No. 584, §1; Acts 2010, No. 266, §1; Acts 2016, No. 434, §1; Acts 2018, No. 296, §1.
A. An Act of Surrender shall be irrevocable upon execution except as provided in Article 1130.
B. An authentic act of voluntary surrender executed by a parent grants the legal custody of the child identified in the act to the agency or person named or represented in the act and grants the irrevocable consent of the surrendering parent and his representative, if applicable, or the child's tutor, to the subsequent adoption of the child surrendered to the agency or to the adoption of the child by the person named or represented in the act except as provided in Paragraph D.
C. The agency, firm, or lawyer facilitating the adoption shall provide the surrendering parent, upon request, with a notarized statement that the final judgment of adoption was legally rendered. The statement shall not disclose the identity of the adoptive parents.
D. If for any reason an adoption cannot be accomplished, the Act of Surrender may be dissolved by a court of competent jurisdiction.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2008, No. 583, §1.
A. A surrendering parent shall execute a Statement of Family History which shall be attached to the Act of Surrender, shall be included in the sealed adoption record, and shall be given to the prospective adoptive parents at the time of placement and made available, upon request, to the adopted person at the age of eighteen years or older.
B. A surrendering parent shall execute an affidavit attesting to the parent's execution of the Statement of Family History which shall be included in the sealed adoption record only and shall not be given to the prospective adoptive parents or the adopted person.
C. The form for the affidavit shall be substantially as follows:
STATE OF _____________________
PARISH/COUNTY OF ______________________________
AFFIDAVIT
BEFORE ME, the undersigned authority, personally came and appeared
SURRENDERING PARENT
who declares that he/she has executed a true and correct Statement of Family History to provide the adoptive parents of the child with nonidentifying medical genetic information in accordance with the provisions of Louisiana Children's Code Articles 1124 through 1127.
Affiant understands and agrees that the nonidentifying Statement of Family History will be attached to the Act of Surrender and included in the sealed adoption record. Affiant further understands that the Statement of Family History will be given to the prospective adoptive parent(s) at the time of placement and made available, upon request, to the adopted person at the age of eighteen years or older.
Affiant has been informed that this affidavit shall be included in the sealed adoption record only and will not be given to the adoptive parents or the child.
SIGNATURE OF SURRENDERING PARENT
NAME OF SURRENDERING PARENT
SWORN TO AND SUBSCRIBED BEFORE ME THIS ______ DAY OF
________, 20.
NOTARY PUBLIC
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §5, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2001, No. 910, §1; Acts 2008, No. 583, §1; Acts 2024, No. 92, §1.
A. The Statement of Family History shall contain the following nonidentifying information, if known:
(1) The age of each biological parent.
(2) Descriptive information about each biological parent.
(3) The biological relationship between parents, if applicable.
(4) Explicit and extensive medical genetic history of each biological parent and his parents, siblings, grandparents, great-grandparents, aunts, uncles, and cousins.
(5) If applicable, the child's:
(a) Immunization record.
(b) Illness history.
B. The Statement of Family History form shall be substantially as follows:
STATEMENT OF FAMILY HISTORY
Child's Biological MOTHER
Child's Biological FATHER
Age
Height
Weight
Hair color
Eye color
Complexion
Body build
Education-last grade completed/ degree received
Right/left handed
Occupation
Talents
Religion
Race
Ethnicity/
Nationality
Native American/Tribal Affiliation, if applicable
Other
Yes
No
Diseases/conditions
If yes,
•state relationship to child [biological parent (mother or father), sibling (full or half), grandparent (paternal or maternal), great grandparent (paternal or maternal), aunt/uncle/cousin (paternal or maternal)];
•state specific condition;
•age of onset;
•treatment (medication, surgery, etc.); and
•outcome.
Cancer
Heart disease
Stroke
High blood pressure
Diabetes
Kidney disease
Liver disease
Digestive disorders
Respiratory disorders
Blood disease (sickle cell, hemophilia, etc.)
Glandular disturbances (thyroid, adrenal, growth, etc.)
Neurological & muscular disorders (multiple sclerosis, muscular dystrophy, Tay-Sachs, etc.)
Arthritis (juvenile, rheumatoid, gout, hammertoe, etc.)
Epilepsy, seizures, convulsions
Allergies (drugs, food, other)
Asthma
Vision problems/blindness
Hearing problems/deafness
Speech disorders
Dental problems/braces
Birth defects (cleft palate, missing digit, club foot, etc.)
Curvature of spine
Headaches/migraines
Alcoholism
Substance abuse
Eating disorders/obesity
Mental illness (schizophrenia, bipolar, depressive, etc.)
Intellectual disability–non-injury (PKU, Down Syndrome, etc.)
Learning disabilities (ADD, ADHD, etc.)
Multiple births
Miscarriages, stillbirths, neonatal deaths
SIDS
Rh Factor
HIV ( biological mother only)
Venereal disease during pregnancy
(biological mother only)
Other: specify
Other: specify
Other: specify
Prenatal History
Yes
No
If yes,
•state type;
•state amount; and
•state during what months of pregnancy.
Prescription medication
Over the counter medication
Alcohol
Tobacco
Other Drugs
Are the parents of the child biologically related to each other? Yes_____ No_____
If yes what is the biological relationship? ____________________
Has the child had the following immunizations?
YES NO YES NO
( ) ( ) Birth-2 mo. Hepatitis (Hep) B ( ) ( ) 12-15 mo. Hib, MMR # 1
( ) ( ) 1 – 4 mo. Hep B ( ) ( ) 12-18 mo. Var (chickenpox)
( ) ( ) 2 mo. DTaP, IPV, Hib, ( ) ( ) 15-18 mo. DTaP
( ) ( ) 4 mo. DTaP, IPV, Hib, ( ) ( ) 4-6 yrs. MMR # 2, DTaP,
OPV
( ) ( ) 6 mo. DTaP, Hib, ( ) ( ) 11-12 yrs. MMR # 2, Var,
Hep B
( ) ( ) 6-18 mo. Hep B, IPV ( ) ( ) 11-16 yrs. Td (tetanus,
diphtheria)
Has the child had the following illnesses?
YES NO YES NO
( ) ( ) Pertussis (P) (Whooping Cough) ( ) ( ) Rheumatic Fever
( ) ( ) Rubella (R) (Measles) ( ) ( ) Tonsillitis
( ) ( ) Mumps (M) ( ) ( ) Convulsions
( ) ( ) Chicken Pox (Var) ( ) ( ) Asthma
( ) ( ) Rotavirus (Rv) ( ) ( ) Polio (IPV)
( ) ( ) Scarlet Fever ( ) ( ) Allergies, specify
( ) ( ) Diphtheria (D) ________________________________
( ) ( ) Surgery, operations, specify ________________________________
( ) ( ) Glandular Disturbances, specify _______________________________
Does the child have or has the child had any other serious illnesses or medical conditions?
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §5, eff. July 6, 1992; Acts 1999, No. 884, §1; Acts 2008, No. 583, §1; Acts 2010, No. 266, §1; Acts 2014, No. 811, §33, eff. June 23, 2014; Acts 2024, No. 92, §1.
A. The agency or person to whom a surrender is made shall have the duty to make a good faith effort to obtain the Statement of Family History required by Articles 1124 and 1125, to deliver it to prospective adoptive parents upon placement, and to make it available, upon request, to the adopted person at the age of eighteen years or older. If the Statement of Family History is subsequently transferred to another agency or person, the new custodian of the information assumes responsibility to the adopted person.
B. Failure to comply with the provisions of this Chapter or the intentional or willful falsification of information shall constitute a breach of fiduciary duty, punishable by a fine of not less than one hundred nor more than five hundred dollars. Should the agency or person to whom a surrender is made fail to obtain all information required for the Statement of Family History, the agency or person shall document by affidavit the good faith efforts made to obtain such information and that such efforts were unproductive.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1995, No. 1108, §1; Acts 2008, No. 583, §1.
A. Any adopted person, or if still a minor, his legal representative on his behalf, or a surrendering biological parent, may, upon written request, obtain nonidentifying medical or genetic information from the agency, firm, or lawyer without the necessity of filing a motion for disclosure as required by the provisions of Chapter 5 of Title XII of this Code.
B. Upon such a written request, the agency, firm, or lawyer shall make a good faith effort to review and abstract nonidentifying genetic or medical information from all available records and sources that are similar in content to the Statement of Family History.
C. Such nonidentifying medical or genetic information shall be made available for a reasonable charge.
D. For the purposes of this Article, an "agency, firm, or lawyer" shall include an agency, firm, or lawyer that is no longer licensed or authorized by the state for the placement of children for adoption, but was licensed or authorized by the state to perform such service at the time the child was surrendered.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1995, No. 1108, §1; Acts 1999, No. 884, §1; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2008, No. 583, §1.
A. After adoptive placement of the child, the agency, firm, or lawyer facilitating the surrender or person to whom a surrender is made shall have a continuing duty to maintain these records and supplement them if additional nonidentifying medical or genetic information is received about the adopted person or his biological relatives.
B. Upon a request in accordance with Article 1127, the agency, firm, or lawyer facilitating the surrender shall disclose such information.
C. In fulfilling this continuing duty, the agency, firm, or lawyer is authorized to contact the adopted person, adoptive parents, and biological parents to provide updated nonidentifying medical and genetic information or to facilitate the exchange of information between the parties.
D. After the final decree of adoption, if the firm or lawyer is unable to assume ongoing responsibility for the continuing duty pursuant to this Article, it shall transfer its adoption records to the Department of Children and Family Services or another transferee approved by the department. Thereafter, that transferee shall assume the continuing duty imposed by this Article. Should any client subsequently attempt to update information, the firm or lawyer shall refer the client to the current custodian of the record, and if appropriate, to the voluntary registry.
Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2008, No. 583, §1.
A. A surrender or consent to adoption executed by a nondomiciliary parent in accordance with the laws of the state of his domicile shall be recognized as valid and given the force and effect accorded it by the laws of the foreign state.
B. The agency or individual to whom the child was surrendered shall be responsible for securing the parent's execution of a Statement of Family History set forth in Article 1125. All other rights and duties set forth in Chapter 8 of Title XI shall be applicable.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 2001, No. 567, §1.
A person asserting the validity of a surrender or consent executed in a foreign state shall produce sufficient proof of the laws of the foreign state governing the requirements for form and content and the force and effect accorded a properly executed act.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
A. No Act of Surrender for private adoption by a mother shall be executed earlier than five days following the birth of the child.
B. A father may execute an Act of Surrender prior to the birth of the child or at any time after the birth. However, any surrender executed by a father for private adoption earlier than the fifth day following the birth of the child shall not be irrevocable until the fifth day following the birth of the child.
C. In making these time calculations, the date of birth shall not be included, and the days shall be consecutive calendar days, including weekends and holidays.
D. An alleged or adjudicated father may execute an act of surrender prior to the birth of the child or at any time after the birth. His surrender shall be irrevocable upon execution.
E. No Act of Surrender by a birth mother or father as defined in Children's Code Article 1193 for agency adoption shall be executed earlier than three days following the birth of the child.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2008, No. 584, §1.
A. If parental capacity is questioned by the counselor providing pre-surrender counseling as provided in Article 1120(C), a surrender may not be executed unless authorized by the court pursuant to one of the following:
(1) Review of further evaluative information as recommended in Article 1120(C) and a finding that such evaluation provides sufficient support of the parent's ability to understand the nature and consequences of the act of surrender.
(2) After a hearing and consideration of all available information and the questioning of the parent, the court finds that the parent sufficiently understands the nature and consequences of the act of surrender.
B. The court's findings shall be made in writing and the surrender shall be executed only upon order by the court.
Acts 2003, No. 567, §1.
A. Within three days after the surrender becomes irrevocable under Article 1123, exclusive of legal holidays, the agency or attorney for the prospective adoptive parents shall file the authentic act of voluntary surrender, together with a preliminary estimate and accounting of fees and charges in accordance with Article 1201 or 1223.1 and any certification for adoption or court order approving the adoptive placement required by Chapter 2 of Title XII in a court of proper venue as authorized by Article 1180.
B. If the parent has previously executed an intent to surrender for adoption, pursuant to Chapter 2-A of this Title, the surrender shall be filed in that same court.
C. The surrender, and certification for adoption or court order approving the adoptive placement if required, may be filed later than three days after execution only with leave of court for good cause shown.
D. Upon filing, the court shall promptly review the surrender and any accompanying documents to ensure their sufficiency in accordance with Article 1104. If any document fails to comply with the requirements of this Title, the court shall immediately notify all counsel of record and may refuse to accept the surrender until such time as the defects are remedied. If the surrender and documents are found to comply with the requirements of this Title, the court shall enter an order approving the surrender and immediately notify all counsel of record.
E. Upon the filing of any court order approving the adoptive placement pursuant to Article 1178, the court shall immediately issue both of the following orders:
(1) That the sheriff or the office of state police, Louisiana Bureau of Criminal Identification and Information, conduct a records check for all federal arrests and convictions and all state arrests and convictions in this and any other states in which either of the prospective adoptive parents has been domiciled. Prospective adoptive parents shall submit a set of fingerprints to the sheriff or the office of state police.
(2) That the department conduct a records check for validated complaints of child abuse or neglect in this or any other state in which either of the prospective adoptive parents has been domiciled since becoming a major, involving either prospective adoptive parent.
F. Each order shall state the full name, date of birth, social security number, and former and current state of domicile since becoming a major of each prospective adoptive parent.
G. The sheriff or the office of state police, Louisiana Bureau of Criminal Identification and Information, and the department shall accord priority to these orders and shall provide a certificate indicating all information discovered or that no information has been found.
H. Failure to file within three days as required by Paragraph A of this Article shall not affect the final adoption.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2001, No. 567, §1; Acts 2003, No. 564, §1; Acts 2006, No. 421, §1; Acts 2008, No. 584, §1; Acts 2010, No. 192, §1; Acts 2018, No. 562, §1.
A. If a mother of a child born outside of marriage has executed a surrender and identifies the child's alleged or adjudicated father, the agency or individual to whom the child was surrendered shall exercise due diligence in attempting to locate him and to offer pre-surrender counseling in accordance with Article 1120.
B. Upon approval of the mother's surrender by the court, notice of the filing of the mother's surrender shall be served upon the alleged or adjudicated father unless any of the following apply:
(1) His potential parental rights have been terminated by a judgment in accordance with Title X of this Code.
(2) He has executed a surrender in accordance with this Title.
(3) He has given his consent in open court in accordance with Article 1195.
(4) He has executed a release of claims in accordance with Article 1196.
C. If the alleged or adjudicated father is a minor, his parents or tutor shall be served if required by Article 1113.
D. The notice of the surrender shall be issued by the clerk and shall contain the following information in substantially the following form:
"NOTICE OF FILING OF SURRENDER
Be advised that on the ___ day of _, 20, an authentic Act of Surrender executed by ______ was filed wherein she surrendered for adoption her child, namely _____, born on the ___ day of _____, __, in the Parish of _____, State of ____.
The Act of Surrender alleges that you are the father of this child. You may attempt to oppose the adoption of this child only by filing a written objection with this court within fifteen days after you receive this notice.
If you file a written objection timely, the court will then hold a hearing within twenty days of the filing of the opposition, to determine whether you have established or forfeited your parental rights.
To establish your parental rights to oppose the adoption, you must acknowledge that you are the father of the child or be found to be the father by court order as a result of blood tests. Thereafter, you must also demonstrate to the court that you are a fit parent who is willing and able to assume the legal and physical care of your child. You must also demonstrate that you have made a substantial commitment to your parental responsibilities by providing or attempting to provide substantial and consistent support for the mother during pregnancy or after the child's birth and by frequently and consistently visiting or attempting to visit the child after birth.
If you fail to file a written motion of opposition, or if, after a hearing on a motion timely filed, the court finds that you have failed to establish your parental right to oppose the adoption, the court will order the termination of any and all parental rights you may have and the child may be subject to adoption."
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2004, No. 26, §1; Acts 2024, No. 92, §1.
A. Notice of the filing of a mother's surrender shall be promptly served upon the alleged or adjudicated father. Notice of the filing shall not be required if an alleged or adjudicated father waives notice of service. If he resides within this state, service shall be made by any of the following means:
(1) Registered or certified mail, return receipt requested, postage prepaid and properly addressed to his last known address.
(2) Electronic mail at the electronic mail address expressly designated by the father in a pleading, at the continued custody or continued safety plan hearing, or at any other hearing at which he personally appeared before the court.
B. Service by electronic mail is complete upon transmission but is not effective if the serving party learns the transmission did not reach the party to be served.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2015, No. 124, §1, eff. June 19, 2015.
A. Notice of the filing of a mother's surrender shall be promptly served upon the alleged or adjudicated father. Notice of the filing shall not be required if an alleged or adjudicated father waives notice of service. If he does not reside within this state, service shall be made by any of the following means:
(1) Registered or certified mail, return receipt requested, postage prepaid and properly addressed to his last known address.
(2) Electronic mail at the electronic mail address expressly designated by the father in a pleading, at the continued custody or continued safety plan hearing, or at any other hearing at which he personally appeared before the court.
B. Service by electronic mail is complete upon transmission but is not effective if the serving party learns the transmission did not reach the party to be served.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2015, No. 124, §1, eff. June 19, 2015.
A. If the father of the child is unknown, the court, upon motion of the agency or attorney for the prospective adoptive parent and upon finding that a diligent effort has been made to identify the father, shall terminate the father's parental rights.
B. For purposes of this Article, the existence of all of the following is sufficient proof that the father is unknown and a diligent effort was made to identify him:
(1) A declaration by the surrendering mother in the act of surrender that the father is unknown.
(2) A certified copy of the child's birth certificate with no one indicated thereon as the father of the child.
(3) A certificate from the putative father registry indicating that no person is listed or registered as the child's father, which certificate must be dated more than fifteen days after the date the act of surrender was executed by the surrendering mother.
(4) A certificate from the clerk of court in the parish in which the child was born indicating that no acknowledgment with respect to this child has been recorded, which certificate must be dated more than fifteen days after the date the act of surrender was executed by the surrendering mother.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
A. If the alleged or adjudicated father of the child is identified but his whereabouts are unknown, as indicated in a surrender or in a return on service, the court shall appoint a curator and notice of filing of a surrender shall be served upon him.
B. The court must appoint a curator for an alleged or adjudicated father whose whereabouts are unknown within five days, exclusive of legal holidays, from the date of the filing of an act of surrender indicating that his whereabouts are unknown or from the receipt of a return indicating that he cannot be served. The curator shall begin a diligent effort to locate the alleged or adjudicated father within seven days, exclusive of legal holidays, from the date of his appointment.
C. Upon motion of the agency or attorney for the prospective adoptive parent, which motion may be filed thirty days after the appointment of the curator, and upon finding that a diligent effort has been made to locate the alleged or adjudicated father, but that he has not been located within thirty days from the appointment of the curator, the court shall terminate the alleged or adjudicated father's parental rights.
D. For purposes of this Article, the following is sufficient proof that the alleged or adjudicated father's whereabouts are unknown and that a diligent effort was made to locate him:
(1) A declaration by the surrendering mother in the act of surrender that his address is unknown or evidence that attempts to contact him at the address indicated in the act of surrender have been unsuccessful.
(2) A certified copy of the child's birth certificate, with no one indicated thereon as the father of the child.
(3) A certificate from the putative father registry indicating whether any person is listed registered as the child's father and if so registered, proof that no address is stated thereon or evidence that attempts to contact him at the address indicated on the registration form have been unsuccessful, which certificate must be dated more than fifteen days after the date the act of surrender was executed by the surrendering mother.
(4) A certificate from the clerk of court where the child was born indicating whether any act of acknowledgment with respect to this child has been recorded and if so recorded, proof that no address is stated thereon or evidence that attempts to contact the alleged or adjudicated father at the address indicated on the acknowledgment have been unsuccessful, which certificate must be dated after fifteen days from the date the act of surrender was executed by the surrendering mother.
(5) An affidavit executed by the curator detailing efforts made to locate the alleged or adjudicated father, including but not limited to proof of publication seeking his whereabouts.
E. If the alleged or adjudicated father of the child is located by the curator within thirty days of his appointment, the curator shall promptly file an affidavit with the court detailing efforts made to locate him, disclosing his location and certifying that he has been given oral or written notice of filing of surrender in conformity with Article 1132.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
A. An alleged or adjudicated father or his representative, if applicable, may oppose the adoption of his child by filing a clear and written declaration of intention to oppose the adoption. The notice of opposition shall be filed with the court indicated in the notice of filing of surrender within fifteen days after the time he was served with the notice of surrender, or from the time he was served with notice of the filing of an adoption petition in the event that no surrender was executed or filed.
B. Upon receipt of the notice of opposition, the court shall appoint an attorney to represent the child, subject to the limitations set out in Article 1121. Neither the child nor anyone purporting to act on his behalf may be permitted to waive this right. The costs of the child's representation shall be taxed as costs of court.
C. The court shall set the opposition for contradictory hearing, which hearing shall be held within twenty days of the filing of the opposition.
D. Notice of the hearing shall be served in accordance with Articles 1133 and 1134 on the opposing father, the legal custodian, counsel appointed for the child, and the mother of the child through the agency to whom the child was placed or through the attorney who represented the mother in a private surrender unless otherwise waived in the Act of Surrender executed pursuant to Article 1122.
E. If paternity is at issue, on its own motion or motion of any party, the court shall issue an order for immediate blood or tissue sampling in accordance with the provisions of R.S. 9:396 et seq. and shall order an expedited report. The hearing resolving this issue shall be held at the earliest time that the results of the testing can be reported to the court.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 797, §1; Acts 1999, No. 720, §1; Acts 2001, No. 567, §1; Acts 2001, No. 910, §1; Acts 2008, No. 583, §1.
A. At the hearing of the opposition, the alleged or adjudicated father must establish his parental rights by acknowledging that he is the father of the child and by proving that he has manifested a substantial commitment to his parental responsibilities and that he is a fit parent of his child.
B. Proof of the father's substantial commitment to his parental responsibilities requires a showing, in accordance with his means and knowledge of the mother's pregnancy or the child's birth, that he either:
(1) Provided financial support, including but not limited to the payment of consistent support to the mother during her pregnancy, contributions to the payment of the medical expenses of pregnancy and birth, or contributions of consistent support of the child after birth; that he frequently and consistently visited the child after birth; and that he is now willing and able to assume legal and physical care of the child.
(2) Was willing to provide such support and to visit the child and that he made reasonable attempts to manifest such a parental commitment, but was thwarted in his efforts by the mother or her agents, and that he is now willing and able to assume legal and physical care of the child.
C. The child, the mother of the child, and the legal custodian may offer rebuttal evidence limited to the issues enumerated in Paragraphs A and B of this Article. However, the primary consideration shall be, and the court shall accept evidence concerning, the best interests of the child.
D. If the court finds that the alleged or adjudicated father has failed to establish his parental rights, it shall decree that his rights are terminated.
E. If the court finds that the alleged or adjudicated father has established his parental rights, the court shall declare that no adoption may be granted without his consent. The court may also order the alleged or adjudicated father to reimburse the department, or the licensed private adoption agency, or other agency, or whoever has assumed liability for such costs, all or part of the medical expenses incurred for the mother and the child in connection with the birth of the child.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 797, §1; Acts 2001, No. 910, §1.
A. If the court maintains an opposition and declares that no adoption can take place without the consent of the opposing parent, a surrender executed by the other parent of the child shall be dissolved. Any dispute regarding custody shall be heard immediately and determined pursuant to Civil Code Article 245. Evidence of the surrender, now dissolved, shall not be considered evidence of unfitness.
B. The order shall be served on the surrendering parent in the manner for service of process provided in civil proceedings.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2001, No. 910, §1.
The court rendering an order pursuant to this Chapter shall have exclusive, original jurisdiction to modify that order.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
A. Prior to the entry of any order terminating parental rights pursuant to this Chapter, the attorney for the prospective adoptive parents shall obtain a certified copy of all of the following:
(1) The child's birth certificate.
(2) A certificate indicating the name and address of any person listed with the putative father registry, or a certificate that no registration or listing has occurred, relative to this child.
(3) A certificate from the clerk of court in and for the parish in which the child was born indicating whether any acknowledgment by authentic act or judgment of filiation has been recorded relative to this child.
B. The vital records registry of the office of public health of the Louisiana Department of Health, or its counterpart in any other state, shall, upon request of the attorney for the prospective adoptive parent, provide him with a certified copy of the information in its custody that is required in this Article.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2004, No. 26, §1.
A. If no opposition is timely received by the court, the court shall, upon motion, render an order declaring the rights of the parents terminated.
B. The motion shall be accompanied by a certified copy of the child's birth certificate, a certificate from the putative father registry indicating whether any act of acknowledgment by authentic act has been recorded, and a certificate from the clerk of court in and for the parish in which the child was born indicating whether any acknowledgment by authentic act or judgment of filiation has been recorded relative to this child.
C. Repealed by Acts 2016, No. 434, §4.
D. If any of these certificates identify an alleged or adjudicated father who has not previously been served with notice of the mother's act of surrender, the alleged or adjudicated father shall be served with a copy of the motion to terminate his parental rights and given an opportunity to be heard in accordance with Articles 1132 through 1141 unless any of the following occur:
(1) The alleged or adjudicated father's parental rights have been terminated by a judgment in accordance with Title X.
(2) The alleged or adjudicated father has executed an act of surrender in accordance with this Title.
(3) The alleged or adjudicated father has consented to the child's adoption in accordance with Article 1195.
(4) The alleged or adjudicated father has executed a release of claims in accordance with Article 1196.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2016, No. 434, §§1, 4.
A. An appeal from or application for a rehearing on any order or judgment rendered relative to a provision of this Title shall be in accordance with the provisions of this Article to the extent that the provisions hereof conflict with the provisions of the Code of Civil Procedure.
B. An appeal from an order or judgment of a district, family, or juvenile court shall be to the court of appeal on both law and fact. The court shall fix the return date of the appeal no more than twenty days after the day the estimated costs are paid. Emergency supplemental court reporting services may be applied for with the judicial administrator. The court of appeal shall hear and decide the appeal within twenty days after the lodging of the record on appeal.
C.(1) Within seven days after the transmission of the notice of the judgment of the court of appeal, a party may apply to the court of appeal for a rehearing. Within ten days after the transmission of the notice of the judgment of the court of appeal, a party may apply to the supreme court for a writ of certiorari. The judgment of a court of appeal becomes final and definitive if neither an application to the court of appeal for rehearing nor an application to the supreme court for a writ of certiorari is timely filed.
(2) When any party files a timely application to the court of appeal for a rehearing, the time within which any other party may apply to the supreme court for a writ of certiorari shall be extended until ten days after the transmission of the notice of a denial of rehearing.
(3) When a timely application for rehearing has been filed in the court of appeal and the court of appeal denies the application, the judgment becomes final and definitive unless an application for writ of certiorari to the supreme court is filed within ten days after the transmission of the notice of a denial of rehearing.
(4) If an application for certiorari to the supreme court is timely filed, a judgment of the court of appeal becomes final and definitive when the supreme court denies the application for certiorari. The supreme court may stay the execution of the judgment of the court of appeal pending a timely application for certiorari or an appeal to the United States Supreme Court.
D.(1) Within seven days after the transmission of the notice of judgment in the supreme court, a party may apply to the court for a rehearing.
(2) A judgment of the supreme court becomes final and definitive when the delay for application for rehearing has expired and no timely application therefor has been made.
(3) When an application for rehearing has been applied for timely, a judgment of the supreme court becomes final and definitive when the application is denied. The supreme court may stay the execution of the judgment pending a timely application for certiorari or an appeal to the United States Supreme Court.
E. For the purposes of this Article, "transmission of the notice" means the sending of the notice via the United States Postal Service, electronic mail, or facsimile.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1997, No. 797, §1; Acts 2012, No. 290, §2, eff. Jan. 1, 2013.
A. After filing of a surrender in accordance with the provisions of Article 1131, when the department is the legal custodian of the child, the department shall report to the court in detail concerning the child's permanent placement.
B. When the department is not the legal custodian of the child, no later than ninety days after the filing of the surrender, the agency or person to whom the surrender was made shall report in detail to the court concerning the child's adoptive placement and shall have a continuing duty to supplement the report immediately when there is any change in the child's placement prior to the filing of a petition for adoption. The information contained in the report shall include among other relevant issues whether all parental rights have been extinguished, the status of the child's placement in an adoptive home, when the adoption petition is to be filed, and other information that the court may require.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2001, No. 567, §1.
A. If no permanent placement has been made within ninety days after a voluntary surrender to a child care agency, the child shall be registered by the appropriate child placement agency with the Louisiana Adoption Resource Exchange within the office of community resources of the department.
B. Any such registration shall not include the surname of the child or otherwise reveal the identities of the blood parents of the child.
C. The department shall maintain a list of the registered children. Such list shall be updated quarterly and made available to all licensed child placement agencies in the state. Subject to the confidentiality requirements of all adoption matters, the department shall use every reasonable method of effecting a permanent placement.
D. Media presentation of available children and other means of public solicitation for the purpose of matching potential adoptive parents with available children shall be used only in cases involving a child who is difficult to place for adoption, subject to rules and regulations adopted pursuant to the Administrative Procedure Act.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
A. If no permanent placement has been made by the department within ninety days after a voluntary surrender to a child care agency, review hearings shall be held in accordance with the provisions of Chapters 15 and 16 of Title VI of this Code.
B. When the department is not the legal custodian of the child review hearings shall be held as follows:
(1) A review hearing shall be held within ninety days after the filing of a surrender if a petition for adoption has not been filed. The court may waive the hearing if it has received and is satisfied with the placement report required by Article 1144.
(2) If the hearing is waived, a review hearing shall be held within ninety days of the initial waiver, unless an updated placement report is accepted by the court, or a petition for adoption has been filed.
(3) In any case, a review hearing shall be held within nine months of the filing of the surrender and at least once every six months thereafter until a petition for adoption has been filed or until the court determines that the child is in a permanent placement.
(4) The court may schedule such other review hearings as it deems necessary to ensure the permanency of the child's placement.
C. Any attorney previously appointed to represent the child shall continue to represent the child in all subsequent review hearings until the child is permanently placed. If no attorney was previously appointed, the court shall appoint an attorney to represent the child for the purpose of facilitating permanent placement by the department. When the department is not the legal custodian of the child, the court may appoint an attorney to represent the child if necessary for the best interest of the child.
D. The attorney appointed to represent the child shall also be responsible for reviewing and submitting a recommendation to the court regarding any agreement for post-adoption continuing contact that is filed for approval in accordance with Chapter 14-A of Title XII.
E. The court, at a permanency review hearing, shall inform the child of the provisions of Chapter 11 of Title X of this Code.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2001, No. 567, §1; Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2008, No. 436, §1.
No act of surrender shall be subject to annulment except upon proof of duress or fraud, notwithstanding any provision of law to the contrary.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
No action to annul a surrender shall be brought for any reason after ninety days from its execution or after a decree of adoption has been entered, whichever is earlier.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
A. The purpose of this Chapter is to provide a mechanism whereby any parent may relinquish the care of an infant to the state in safety, anonymity, and without fear of prosecution.
B. This Chapter shall be known and may be cited as the "Safe Haven Law".
Acts 2003, No. 609, §2; Acts 2015, No. 223, §1.
As used in this Chapter:
(1) "Department" means the Department of Children and Family Services.
(2) "Designated emergency care facility" means any of the following:
(a) Any hospital licensed in the state of Louisiana.
(b) Any of the following medical clinics during normal and customary hours of operation: local or parish public health units, licensed rural health clinics, licensed ambulatory surgical centers, and federally qualified health centers. Offices, clinics, or other types of treatment facilities, private physicians, or dentists not listed above are not designated emergency care facilities within the meaning of this Subparagraph.
(c) Any manned fire station.
(d) Any manned law enforcement station.
(e) Repealed by Acts 2024, No. 398, §2.
(3) "Emergency medical service provider" means a licensed emergency medical service provider, when dispatched as a result of a "911" call from a parent who wishes to relinquish his infant under this Chapter.
(4) "Infant" means a child not previously subjected to abuse or neglect, who is not more than sixty days old as determined within a reasonable degree of medical certainty by an examining physician. However, if the infant was admitted to a neonatal intensive care unit upon birth and has not been discharged from the hospital, then the sixty days shall commence from the date of initial discharge.
(5) "Relinquish" or "relinquishment" of an infant means to give over possession or control of him by a parent to another in compliance with this Chapter, with the settled intent to forego all parental responsibilities.
Acts 2003, No. 609, §2; Acts 2009, No. 284, §1, eff. July 1, 2009; Acts 2013, No. 186, §1; Acts 2016, No. 80, §3; Acts 2018, No. 134, §1; Acts 2022, No. 271, §6; Acts 2024, No. 145, §1; Acts 2024, No. 398, §2.
A.(1) If a parent wishes to relinquish his infant, the parent may leave the infant in the care of any employee of a designated emergency care facility or in a newborn safety device that is located in a designated emergency care facility that is manned continuously on a twenty-four-hour basis, seven days per week, and three hundred sixty-five days per year and meets the specifications provided in Subparagraph (2) of this Paragraph. The employee who mans the newborn safety device shall be an emergency response provider, as defined in 6 U.S.C. 101, who is certified in neonatal resuscitation and pediatric advanced life support.
(2) Each newborn safety device shall meet all of the following specifications:
(a) The device has been voluntarily installed by the designated emergency care facility.
(b) The device is installed in a location that ensures the anonymity of the relinquishing parent and has a climate-controlled environment.
(c) The device is installed by a licensed contractor.
(d) The access door to the device locks automatically upon closure when a newborn is in the device.
(e) The supporting frame of the device is anchored so as to align the bed portion of the device directly beneath the access door and prevent movement of the unit as a whole.
(f) The device features a safe sleep environment which includes a firm, flat bassinet mattress and a sheet that fits snugly on and overlaps the mattress and is free of pillows, bumpers, blankets, and other bedding.
(3) Each designated emergency care facility that installs a newborn safety device shall post department-approved signage at the site of the device that clearly identifies the device and provides both written and pictorial instruction to the relinquishing parent to open the access door, place the infant inside the device, and close the access door to engage the lock. The signage shall also clearly indicate all of the following:
(a) The maximum age of an infant who may be relinquished in accordance with this Chapter.
(b) That the child must not have been previously subjected to abuse or neglect.
(c) That by placing an infant in the newborn safety device, a parent is foregoing all parental responsibilities with respect to the infant and is giving consent for the state to take custody of the infant.
B. If the parent is unable to travel to a designated emergency care facility, the parent may call "911", and a firefighter, a law enforcement officer, or an emergency medical service provider shall immediately be dispatched to meet the parent and transport the child to a hospital and to ensure that all requirements listed in Article 1152(D) through (I) have been met.
C. Relinquishment of an infant in accordance with this Chapter is not a criminal act of neglect, abandonment, cruelty, or a crime against the child and shall not be subject to an investigation for abandonment by the department.
Acts 2003, No. 609, §2; Acts 2018, No. 134, §1; Acts 2021, No. 421, §1; Acts 2024, No. 398, §1.
A.(1) Every designated emergency care facility shall appoint as its representative one or more employees on duty during regular business hours who is knowledgeable about the requirements of this Chapter.
(2) Each designated emergency care facility that installs a newborn safety device as authorized by Article 1151(A) shall:
(a) Be responsible for the cost of the installation.
(b) Install an adequate dual alarm system connected to the physical location of the newborn safety device. The facility shall ensure all of the following with respect to the alarm system:
(i) The system generates an audible alarm at a central location within the facility sixty seconds after the opening of the access door to the newborn safety device.
(ii) The system generates an automatic call to 911 if the alarm is activated and not turned off from within the facility less than sixty seconds after the commencement of the initial alarm.
(iii) The alarm system is tested at least one time per week to ensure that it is in working order.
(iv) The alarm system is visually checked at least two times per day to ensure that it is in working order.
(c) Ensure that the device is checked at least daily for debris and is cleaned and sanitized with a hospital-quality disinfectant at least weekly and after any newborn relinquishment into the device.
(d) Maintain documentation of the testing of the alarm system and the cleaning and sanitation of the device required by this Subparagraph.
(e) Install adjacent to the device a card holder and shall keep the card holder stocked with safe haven informational cards supplied by the department pursuant to Paragraph D of this Article and other safe haven informational materials produced in accordance with Article 1160 in an envelope conspicuous and readily available in the newborn safety device for the relinquishing parent.
(f) Adopt written policies for receiving, in accordance with the applicable requirements of this Chapter and applicable licensing rules, a newborn who has been relinquished into the newborn safety device.
(g) Maintain neonatal and pediatric resuscitation supplies.
(3) Repealed by Acts 2024, No. 398, §2.
B. Every designated emergency care facility, emergency medical service provider, fire station, and law enforcement station shall provide, on a periodic basis, instruction regarding safe haven relinquishment procedures to all employees who work in the facility or at the station. No employee or volunteer of a designated emergency care facility or emergency medical service provider, and no firefighter or law enforcement officer shall be held liable for any civil penalty for failure to comply with the provisions of this Paragraph. C. Instruction by a designated emergency care facility on safe haven relinquishment procedures may:
(1) Be provided in any manner that is deemed appropriate and sufficient by the facility, subject to any applicable healthcare facility licensing requirements.
(2) Vary depending on the type of facility and the job duties of the employees being trained.
(3) Utilize the downloadable instructional video and training materials provided by the Department of Children and Family Services on the department's website and the manufacturer of the newborn safety device.
D. The department shall create a card that will be supplied to designated emergency care facilities, emergency medical service providers, firefighters, and law enforcement officers which shall be provided to the individual relinquishing an infant into the care of a designated emergency care facility. The card shall feature a toll-free number to the department and a section on the card for the designated emergency care facility, emergency medical service provider, firefighter, or law enforcement officer to provide their address and contact information.
E. In the event that the relinquishing parent makes contact with the department, a designated emergency care facility, emergency medical service provider, firefighter, or law enforcement officer, the relinquishing parent shall be asked to voluntarily provide information about any prenatal care and the name of the other parent.
F. The representative, emergency medical service provider, firefighter, or law enforcement officer shall provide to the parent written information about:
(1) How to contact the department should the parent later have questions about the relinquishment or the voluntary medical and genetic history information.
(2) The availability of counseling services.
(3) The right of the parent to file a claim and be heard in accordance with Articles 1156 and 1157.
(4) The right of the parent to use the services of the voluntary registry in accordance with Chapter 15 of Title XII.
G. When an infant is relinquished to an emergency medical service provider, firefighter, or law enforcement officer, the emergency medical service provider, the firefighter, or the law enforcement officer shall immediately transfer the infant to a hospital.
H. The representative, provider, firefighter, or law enforcement officer shall immediately notify the department of the relinquishment.
I. Absent evidence of willful or intentional misconduct or gross negligence in carrying out these responsibilities, the representative and other staff of the designated emergency care facility or emergency medical service provider, the firefighter, or the law enforcement officer shall be immune from civil and criminal liability in any legal action arising from the examination, testing, care, and treatment of the infant.
Acts 2003, No. 609, §2; Acts 2010, No. 471, §1; Acts 2018, No. 134, §1; Acts 2021, No. 421, §1; Acts 2024, No. 398, §§1, 2.
A. The act of relinquishment constitutes parental consent for the purposes of examining and testing procedures conducted by hospital staff and for the purposes of providing medical treatment and care of the infant.
B. A physician shall promptly conduct a comprehensive medical examination and such tests to determine:
(1) If the infant suffers from HIV or hepatitis, if suspected.
(2) If the infant suffered fetal exposure to alcohol or drugs.
(3) If the infant appears to have been abused or neglected.
(4) The infant's estimated date of birth, if not previously known.
C. The hospital shall forward the infant's birth information to the Bureau of Vital Statistics, for issuance of a birth certificate, unless it is determined that one has already been issued. Unless otherwise known, the infant shall be presumed to have been born in Louisiana.
D. Absent evidence of willful or intentional misconduct or gross negligence in carrying out these responsibilities, medical personnel and hospital staff shall be immune from civil and criminal liability in any legal action arising from the hospital's examination, testing, care, and treatment of the infant.
Acts 2003, No. 609, §2.
A. Immediately after notification that an infant has been relinquished, the department shall request an oral instanter order of custody from the court in accordance with Article 620 and shall take physical custody of the infant within twelve hours of notice that the infant is ready to be discharged from the hospital. The department shall exercise due diligence in attempting to identify and locate any nonrelinquishing parent, including but not limited to performing a missing children search, which shall include contacting the Missing and Exploited Children Information Clearinghouse, as defined in R.S. 46:1431, for information on missing endangered adults and missing children to determine if the child has been reported missing.
B.(1) A hearing shall be held by the court within three days after the infant's entry into the custody of the department.
(2) No notice to a parent or other caretaker shall be required.
(3) The court shall order the appointment of counsel for the child and may also appoint a CASA volunteer for the child.
(4) Hearsay evidence shall be admissible at this hearing.
C. At this hearing, the department has the burden to prove all of the following:
(1) There are reasonable grounds to believe that the infant has been relinquished to the state for adoption in accordance with this Chapter.
(2) There is no evidence that the infant was abused or neglected prior to his relinquishment.
D. If the court finds that the department has satisfied the requirements of Paragraph C of this Article and that removal of the child is necessary in order to safeguard his welfare, it shall order continued custody of the infant in the department prior to final entry of an order declaring parental rights terminated and enter a finding that the department is deemed to have made reasonable efforts to prevent or eliminate the need for removal and that reunification efforts are not required.
E. If the court determines that the infant was abused or neglected prior to its relinquishment, the court shall direct that a child in need of care investigation be commenced by the department in accordance with Title VI.
Acts 2003, No. 609, §2; Acts 2024, No. 398, §1.
A. If a non-relinquishing parent cannot be identified, the court, upon finding that a diligent effort has been made by the department to identify the parent, shall terminate the parental rights of the unidentified non-relinquishing parent. In proving that a diligent but unsuccessful effort was made, the department shall introduce:
(1) A certified copy of the child's birth certificate, if one has been issued.
(2) A certificate indicating the name and address of any person listed with the putative father registry or a certificate that no registration or listing has occurred concerning this child.
B. If a non-relinquishing parent of the infant is identified, notice of the relinquishment, including an explanation of the rights of the non-relinquishing parent, shall be served upon that parent prior to the entry of an order terminating parental rights. The notice shall contain the following information in substantially the following form:
"NOTICE OF SAFE HAVEN RELINQUISHMENT
Be advised that on the _____ day of _____. _____, (NAME OF PARENT), the parent of an infant (FEMALE/MALE), born on the _____ day of ________,, relinquished the infant for adoption by leaving (HIM/HER) at an emergency care facility.
You are alleged to be the other parent of the infant. You may oppose the adoption of this child only by filing a motion of opposition with this court within fifteen days after you are served with this notice.
If you file a motion of opposition timely, the court will then hold a hearing within twenty days of the filing of your objection, to determine whether you have established or forfeited your parental rights.
To establish your parental right to oppose the adoption, you must acknowledge that you are the parent of the child or be found to be the parent by court order as a result of blood or tissue tests. Thereafter, you must also demonstrate to the court that you are a fit parent who is willing and able to assume the legal and physical care of your child. You must also demonstrate that you have made a substantial commitment to your parental responsibilities by providing or attempting to provide substantial and consistent support during pregnancy or after the infant's birth and by frequently and consistently visiting or attempting to visit the child after birth. If you fail to file a motion of opposition, or if, after a hearing on a motion timely filed, the court finds that you have failed to establish your parental right to oppose the adoption, the court will order the termination of any and all parental rights you may have and the child may be subject to adoption."
C. If a non-relinquishing parent is identified but his whereabouts are unknown or he cannot be served, the court shall appoint a curator, and notice of the relinquishment shall be served upon him. The curator shall make a diligent effort to locate the parent and notify him of the pendency and nature of the proceedings. Within thirty days after the appointment, the curator shall submit to the court a written report indicating the efforts made to locate the parent. If the non-relinquishing parent has not been located, the court, upon finding that a diligent effort has been made to locate the parent, shall terminate the parental rights of that parent.
D. If an identified non-relinquishing parent is recognized as having parental rights under Article 1193, an involuntary termination of parental rights judgment under Title X of this Code, consent to adoption, or relinquishment of parental rights shall be required prior to adoption.
E. If the identified non-relinquishing parent is an alleged or adjudicated father, then his rights shall be determined in accordance with Articles 1137 through 1143.
Acts 2003, No. 609, §2.
A. Within thirty days after the relinquishment, a parent who has relinquished an infant may seek to reclaim parental rights by filing in the court in the parish in which the infant was relinquished a motion evidencing a declaration of his intention to retain his parental rights.
B. The court shall set the parent's motion for contradictory hearing against the department to be held within twenty days of the filing of the motion. No continuances shall be granted, except in extraordinary circumstances and upon a showing of good cause.
C. The court shall issue an order for immediate blood or tissue testing, in accordance with the provisions of R.S. 9:396 et seq., and shall order an expedited report.
D. The court shall also order the department to immediately conduct a home study of any parent seeking to reclaim or establish his rights and promptly report to the court concerning its findings.
Acts 2003, No. 609, §2.
A. A relinquishing parent may reclaim parental rights by proving by clear and convincing evidence that:
(1) The parent is the parent of the child.
(2) Setting aside the relinquishment and permitting the parent to reclaim the child is in the child's best interests.
B. If the court finds that the relinquishment should be set aside and that the parent may reclaim his parental rights, then the parent shall prove also that he has manifested a substantial commitment to his parental responsibilities and that he is a fit parent of the child.
C. The child, the other parent, and the legal custodian may offer rebuttal evidence limited to the issues enumerated in Paragraphs A and B of this Article.
D. If the court finds that the parent has established his parental rights, the court shall declare that no adoption may be granted without his consent. The court may also order the parent to reimburse the department, or whoever has assumed liability for such costs, all or part of the medical expenses incurred for the infant in connection with his birth and care.
E. If the court finds that the parent has failed to establish his parental rights, it shall declare that his rights are terminated.
Acts 2003, No. 609, §2; Acts 2024, No. 398, §1.
A. If a relinquishing parent has not sought timely to reclaim parental rights, and if no timely opposition to adoption has been filed by an alleged or adjudicated non-relinquishing father, the court shall, upon motion by the department filed within forty-five days after the relinquishment, render a judgment declaring the rights of the parents terminated.
B. The effects of a judgment terminating parental rights are as set forth in Article 1038. If the court has terminated the rights of both parents of the child, it also shall certify the child for adoption and continue custody in the department.
C. No action to annul a judgment terminating parental rights pursuant to this Chapter shall be brought for any reason after ninety days from its signing or after a decree of adoption has been entered, whichever is earlier.
Acts 2003, No. 609, §2.
A. Unless a reclaiming of parental rights is filed timely, the department shall within thirty days of the continued custody hearing develop and file with the court a permanency case plan as described in Article 673.
B. If a reclaiming of parental rights is filed timely, the department shall develop and file with the court a permanency case plan within thirty days of a judgment denying the claim and terminating parental rights.
C. The case shall thereafter be reviewed in accordance with Chapter 10 of Title X.
D. The attorney appointed to represent the infant at the safe haven continued custody hearing shall continue to represent the child in all review hearings until the child is permanently placed.
Acts 2003, No. 609, §2.
A. The department, in accordance with the Administrative Procedure Act, shall promulgate all rules and regulations necessary to carry out the provisions of this Chapter, including but not limited to the following:
(1) Notice to the public of the existence of designated emergency care facilities and the use of safe havens through the following actions:
(a) The establishment of a toll-free telephone number to direct individuals to designated emergency care facilities.
(b) The provision of safe haven publicity and informational materials on the department's website for review and download by the public.
(c)(i) Promulgation of the image that shall constitute the official Safe Haven symbol in accordance with Article 1161.
(ii) Transmittal of an electronic version of the Safe Haven symbol to any designated emergency care facility upon request.
(iii) Production and distribution to designated emergency care facilities of signage bearing the Safe Haven symbol, subject to availability of funding for this purpose.
(2)(a) Written information, training materials, and an instructional video to be made available for download on the department's website, for the instruction of representatives of emergency medical care facilities who are designated to receive relinquished children and to interview relinquishing parents.
(b) The department shall review all information, materials, video, and any other media produced in accordance with this Paragraph at least annually; and, to the extent that funding is available for such purposes, shall update, revise, and reissue these resources as the secretary of the department deems necessary.
(3) Procedures and forms informing a relinquishing parent about his right to file a claim and be heard in accordance with Articles 1156 and 1157 and his right to use the services of the voluntary registry in accordance with Chapter 15 of Title XII.
(4) Procedures for use by a physician in conducting the medical evaluation of the child in accordance with Article 1153.
(5) The department shall utilize existing funds to effectuate the provisions of Subparagraphs (A)(1) and (2) of this Article.
B. In addition to any other duties as may be required by this Article, the department shall develop and implement annually each of the following plans:
(1) An annual communication and public information action plan to increase public awareness of the Safe Haven Law. This plan shall include, without limitation, all of the following actions:
(a) Issuing media releases for distribution to print, radio, and television media.
(b) Disseminating information through social media.
(c) Conducting outreach to the public through collaborations with community-based organizations, child protection stakeholder groups, offices of state government, and any other entities the secretary of the department deems appropriate.
(d) Undertaking any other communication or publicity activity deemed necessary by the secretary of the department and for which sufficient funding is available.
(2)(a) An action plan providing for dissemination of information and training resources relating to the Safe Haven Law to designated emergency care facilities.
(b) To the extent the secretary of the department deems appropriate, and contingent upon availability of funding for this purpose, the department may also disseminate the information and resources provided for in Subsubparagraph (a) of this Subparagraph to any of the following:
(i) Schools of medicine.
(ii) Schools of nursing.
(iii) Law enforcement training schools.
(iv) Firefighter training programs.
(v) Emergency medical service provider training programs.
(vi) Any other institutions that train professionals who typically work in a designated emergency care facility.
C. On or before January first annually, the department shall submit to the House Committee on Health and Welfare and the Senate Committee on Health and Welfare a report addressing efforts undertaken in the period covered by the report to raise public awareness of the Safe Haven Law. The report shall include but not be limited to a recapitulation of content of the communication and public information action plan and action plan for dissemination of safe haven information and training resources required by this Article.
Acts 2003, No. 609, §2; Acts 2010, No. 471, §1; Acts 2015, No. 223, §1; Acts 2016, No. 84, §1.
A. The legislature hereby creates an official Safe Haven symbol for use in identifying to the public those sites which are classified as designated emergency care facilities pursuant to the provisions of this Chapter, and for any other use which the department deems necessary or advantageous in fulfilling the purposes set forth in this Chapter. The design and promulgation of the symbol shall be in accordance with the provisions of this Article.
B.(1) The general design of the Safe Haven symbol shall be as follows: Two solid lines, each oriented diagonally, meeting to form an apex in the style of a gable roof; superimposed upon and just underneath the image of the roof being a stylized figure symbolic of an infant, oriented almost horizontally, consisting of a circle representing the infant's head proximate to or adjoining an oval representing the infant's body; superimposed upon and just underneath the figure of the infant being a stylized figure symbolic of the lower two-thirds of an arm and a hand of a person, oriented almost horizontally and opposite the direction in which the infant's head lies, with the figure of the arm bent in curvilinear form upward from the position of the elbow in a cradling posture; the design elements, collectively, giving the appearance of an infant cradled in the arm of a person under the shelter of a roof. The color of these design elements shall be black.
(2) The department shall promulgate in rule the image that shall constitute the official Safe Haven symbol.
C. The department is hereby authorized, but is not required, to produce electronic and physical copies of the Safe Haven symbol with any of the following features individually or in any combination:
(1) Text reading "SAFE BABY SITE" in all capital letters appearing above the symbol.
(2) A background that is either white or a shade of yellow typically used for traffic warning signs indicating necessity of caution.
Acts 2016, No. 84, §1.
The purpose of this Title is to promote the permanent placement of available children into suitable homes through the procedures described herein.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
Except as otherwise specified in this Title, all provisions of the Children's Code remain applicable.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
As used in this Title:
(1) "Agency" or "child placing agency" includes the Department of Children and Family Services, the corresponding department of any other state, and those private agencies and institutions licensed for the placement of children for adoption by the Department of Children and Family Services or by the corresponding department of any other state.
(2) "Birth certificate" means the child's official birth certificate or a true copy of a prefiled version of the birth certificate in the event the official birth certificate has not been issued.
(2.1) "Broker" means any person who, for compensation or the expectation of compensation, obtains or offers to obtain a child for adoption from a third party.
(3) "Child" means a person under eighteen years of age and not emancipated by marriage.
(4) "Department" means the Louisiana Department of Children and Family Services.
(5) "Putative father registry" means the Louisiana putative father registry established in R.S. 9:400.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2006, No. 288, §1.
A. This Title sets forth the exclusive procedures for adoption of children in Louisiana. There are three types of adoption of children in Louisiana:
(1) Agency adoption.
(2) Private adoption.
(3) Intrafamily adoption.
B. The procedures governing each type of adoption are set forth in the following Articles.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2024, No. 92, §1.
Except when the child is the stepchild, grandchild, sibling, niece, or nephew of one of the prospective adopting parents, no child who is the subject of a private adoption shall be placed in the home of the prospective adoptive parents prior to their either obtaining a current certification for adoption, as provided for in Articles 1171 through 1173, or by their obtaining a current order of a court of competent jurisdiction approving the adoptive placement, as provided for in Articles 1175 through 1177.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2003, No. 567, §1.
Any person qualified to adopt a child pursuant to Article 1221 may request a social worker acting in the employ of a licensed adoption agency, licensed clinical social worker, licensed professional counselor, licensed psychologist, medical psychologist, licensed psychiatrist, or licensed marriage and family therapist, to conduct a preplacement home study for the purpose of obtaining a certification for adoption.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1309, §9, eff. Jan. 1, 2000; Acts 2001, No. 486, §5, eff. June 21, 2001; Acts 2008, No. 583, §1; Acts 2009, No. 251, §13.
A. The department shall promulgate rules and regulations for preplacement home studies in private adoptions in accordance with the Administrative Procedure Act. The rules and regulations promulgated pursuant to this Article shall not be inconsistent with the following:
(1) The rules and regulations governing the licensing of adoption agencies relative to preplacement home studies, specifically adoptive home studies, notification regarding application, access to records, updating home studies, review procedures, and adoptive parents' records, to the extent that such provisions are compatible with procedural laws governing private surrenders and adoptions.
(2) Such study shall be conducted by a social worker in the employ of a licensed adoption agency, licensed social worker, licensed professional counselor, licensed psychologist, medical psychologist, licensed psychiatrist, or licensed marriage and family therapist, except that a prospective adoptive parent who is domiciled outside the state shall obtain a preplacement home study in accordance with the provisions of Chapter 2 of Title XVI.
(3) A certification for adoption issued after a favorable preplacement home study shall be completed or brought current within twelve months next preceding the placement of a child with the adoptive parents.
B. The sheriff and department shall conduct and accord priority to requests for a criminal records check for all federal and state arrests and convictions and validated complaints of child abuse or neglect, respectively, in this or any other state of each prospective adoptive parent, and shall provide a certificate indicating all information discovered or that no information has been found, all in accordance with the applicable rules and regulations promulgated by the department.
C. The department shall promulgate and submit for approval such rules and regulations governing placement home studies in private adoptions in accordance with the Administrative Procedure Act no later than October 1, 1991, and such rules and regulations shall become effective upon its publication in the Louisiana Register.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1309, §9, eff. Jan. 1, 2000; Acts 2001, No. 486, §5, eff. June 21, 2001; Acts 2003, No. 567, §1; Acts 2008, No. 583, §1; Acts 2009, No. 194, §1, eff. June 30, 2009; Acts 2009, No. 251, §13.
A. If the preplacement home study is favorable, the professional who conducted it shall issue a preplacement certification for adoption to the prospective adoptive parents.
B. The preplacement certification for adoption shall be valid for a minimum of two years.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000.
Prospective adoptive parents who have not previously obtained a certification for adoption may apply for a court order approving the placement of a child in their home.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. An application for court approval of adoptive placement shall be verified and shall contain the following:
(1) The name, address, age, occupation, and marital status of the prospective adoptive parents.
(2) The expected date of the child's placement.
(3) The relationship between the child and the prospective adoptive parents, if any.
(4) The name of the child whose placement is requested, if known.
B. An application for court approval of adoptive placement shall be filed with the clerk of a court of appropriate venue as authorized by Article 1180.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. The application for court approval of adoptive placement shall be set for hearing in chambers, confidentially, and in a summary manner within forty-eight hours of its filing.
B. At the hearing, the prospective adoptive parents shall testify under oath concerning their fitness to receive the child into their care and custody, including but not limited to:
(1) Their moral fitness, previous criminal records or validated complaints of child abuse or neglect, if any.
(2) Their mental and physical health.
(3) Their financial capacity and disposition to provide the child with food, clothing, medical care, and other material needs.
(4) Their capacity and disposition to give the child love, affection, and guidance and to undertake the responsibilities of becoming the child's parents.
(5) The adequacy of the physical environment of their home and neighborhood for the placement of the child.
(6) The names and ages of other family members who would reside with the child in the prospective adoptive home and their attitude toward the proposed adoption.
(7) The stability and permanence, as a family unit, of the proposed adoptive home.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. At the conclusion of the hearing, the court shall render an order approving or disapproving the placement of the child with the prospective adoptive parents.
B. The order shall be in writing, dated, and signed by the court and shall authorize adoptive placement of a child at any time within a period of twelve months from its date.
C. A certified copy of a court order approving the adoptive placement shall be given to the prospective adoptive parents.
D. Any order disapproving the adoptive placement shall include specific reasons therefor.
E. The court shall render a decision that is in the best interest of the child and shall consider all relevant factors including those provided in Article 1177(B).
F.(1) The existence of a criminal record of a prospective adoptive parent shall not be automatic grounds to disapprove placement of the child with the prospective adoptive parents. The court shall consider all of the following:
(a) The nature of the offenses.
(b) The number of offenses committed.
(c) The length of time between offenses and between the last offense committed and the application for court approval.
(2) Subsequent to the entry of an order approving an adoptive placement, if the result of a criminal records check or the results of abuse or neglect validated complaint records check indicate that the prospective adoptive parents failed to disclose such unfavorable information at the hearing, the court may issue an instanter order taking protective custody of the child, pursuant to Article 619, if this information, if known, together with other evidence presented at the hearing would have resulted in the court's disapproval of the adoptive placement.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2003, No. 567, §1; Acts 2013, No. 187, §1.
A. Appeal from an order disapproving the adoptive placement shall be by trial de novo in the court of appeal, based upon the criteria set out in Article 1177.
B. The appeal shall be heard in chambers, confidentially, in a summary manner, and within forty-eight hours of its filing.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. A proceeding for the adoption of a child may be commenced in either:
(1) The juvenile court in the parish of the domicile of the petitioner.
(2) The juvenile court in the parish of the domicile of the custodian of the child.
(3) The juvenile court in the parish in which a voluntary act of surrender has been executed with respect to the child to be adopted.
(4) The juvenile court in which the child has been adjudicated a child in need of care or in which the child in need of care proceeding is pending.
(5) The juvenile court which previously terminated parental rights of a parent with respect to the child to be adopted.
B. An attorney at law named as representative of the prospective adoptive parent shall not be deemed the legal custodian of the child for purposes of proper jurisdiction or venue.
C. Upon filing of the act of voluntary surrender approved by the court according to Article 1131(C), the court of competent venue and jurisdiction wherein the surrender is filed shall have exclusive, original jurisdiction over all issues of custody and adoption of the child during the pendency of the proceedings, unless the child is in the custody of the Department of Children and Family Services.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2001, No. 910, §1.
The clerks of court shall keep separate indices of all suits filed in accordance with this Title, and shall index these suits in the name of the parties filing the petition and in the name of the child to be adopted.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. Whenever an interlocutory decree of adoption has been granted, the clerk of court shall forward a certified copy of the decree to the Department of Children and Family Services.
B. Whenever a final decree of adoption has been granted with regard to a child born in Louisiana, the clerk of court shall forward, on a form supplied by the Department of Children and Family Services, a certificate of the decree to the state registrar of vital records.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
The clerk of court shall prepare, within ten days after a decree of annulment of adoption becomes final, a certificate of the decree of annulment on forms furnished by the state registrar of vital records. On or before the fifteenth day of each month, the clerk shall forward any certificates prepared by him during the preceding calendar month to the state registrar of vital records.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
All adoption proceedings shall be heard by the judge in chambers, and no one shall be admitted to the hearings except the parties in interest, their attorneys, and officers of the court. The court, in its discretion, may grant the request of a petitioner to permit others to be present at the hearing.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
No one except the judge presiding in the case, his successor, or a curator ad hoc, as provided for in Article 1191, shall have access to the confidential records of the court pursuant to this Title. Following final disposition of an adoption case, the reports submitted by the department to the judge shall be retained in the court's confidential adoption record.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2008, No. 583, §1.
A. All adoption records shall be retained in confidential files, and it shall be unlawful for anyone except the biological or adopting parent to disclose any identifying information concerning any individual adoption case, except as follows:
(1) Upon order of the court, after giving proper notice as required in Article 1190 or as otherwise authorized by this Code.
(2) Disclosure pursuant to R.S. 40:73, 77, or 79.
(3) For purposes directly connected with an adoption agency's responsibilities in relation to adoption work as permitted by its rules and regulations.
B. If the agency, firm, or lawyer ceases to do business in this state, it shall transfer its adoption records to the Department of Children and Family Services or another transferee approved by the department. Thereafter, the transferee shall ensure the preservation and confidentiality of records required by Paragraph A of this Article and assumes responsibility for providing nonidentifying information as required by Articles 1127 and 1127.1.
C. Any person who violates this requirement of confidentiality shall be fined not more than five hundred dollars or imprisoned for not more than ninety days, or both.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2003, No. 812, §1; Acts 2008, No. 583, §1; Acts 2022, No. 470, §1.
All court records of adoption proceedings shall be confidential and shall not be open to inspection except on written authorization by the court and there shall be no publication thereof.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. An adopted person or, if still a minor, his legal representative on his behalf may file a motion for disclosure of information pertaining to his adoption pursuant to Article 1189. The action shall be styled: "In re the Adoption of _____________".
B. A biological sibling or descendant of an adopted person, or if still a minor, his legal representative on his behalf, may file a motion for disclosure pursuant to Article 1189.
C. This action, the limited medical exception provision of Article 1127, and the provisions of R.S. 40:73, 77, and 79 shall be the exclusive means for gaining access to records of adoptions whether maintained by this court, some other court, an adoption agency, any state agency, or private individual, notwithstanding provisions of law to the contrary.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1995, No. 1108, §1; Acts 2008, No. 583, §1; Acts 2022, No. 470, §1.
A motion for disclosure shall show compelling necessity overriding the general policy of confidentiality for adoption records by alleging any of the following:
(1) There are inheritance rights which are or may be due from the biological parents of the adopted person in accordance with the Civil Code.
(2) There is a medical necessity requiring information about the biological family of the adopted person or his own preadoption health history in order to treat the adopted person, his siblings, or his descendants.
(3) Both the adopted person, or the adoptive parent of a minor or a deceased adoptive person, or a descendant of a deceased adopted person, or his parent if a minor, and a person reasonably believed to be his biological parent or biological sibling, or a parent, sibling, or descendant, or his parent if a minor, of a deceased biological parent have registered with the department pursuant to Chapter 15 of this Title.
(4) The information is otherwise required to be disclosed by federal or state law.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1997, No. 715, §1; Acts 2008, No. 583, §1; Acts 2010, No. 266, §1.
A. Upon reviewing a motion for disclosure on grounds of either inheritance rights or medical necessity, the court may deny it for lack of a proper showing of compelling necessity. Before granting a motion, the court may appoint a curator ad hoc and shall set the motion for a hearing.
B. Written notice of the date, time, and place of any disclosure proceedings shall be served and a return made in the same manner as a petition on any custodian of records sought to be disclosed at least fifteen days prior to the hearing.
C. Upon a motion by an adopted person, or if a minor, his legal representative, seeking disclosure from the records of the court of nonidentifying medical or genetic information acquired from a physician, agency, or any other source, the court shall order the clerk to make the information available.
D.(1) The court shall grant a motion seeking nonidentifying medical or genetic information, a motion seeking information to verify a match of voluntary registration pursuant to Chapter 15 of this Title, or a motion seeking other information required by law to be disclosed.
(2) The court may appoint a curator ad hoc to open and review the adoption record and original birth certificate. The curator shall report his findings in accordance with Article 1191.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2003, No. 812, §1; Acts 2008, No. 583, §1.
Upon appointment, the curator ad hoc shall be responsible for:
(1) Securing all records pertaining to the petitioner's request through subpoenas duces tecum or other discovery process, if necessary.
(2) Reviewing all records pertaining to the adoption.
(3) Reporting to the court any objections to disclosure which he may have received from a custodian of records.
(4) Reporting his findings to the court within thirty days of the date of his acceptance of appointment or within an earlier time as ordered by the court due to exigent circumstances, recommending the granting or denial of the request of the mover, and particularizing the necessary scope of any disclosure order for the court's consideration.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2008, No. 583, §1.
After a hearing, the court may order disclosure to the extent necessary to satisfy the mover's demonstrated ground for disclosure. Insofar as possible, an order disclosing information from the court's own records or any records obtained by the curator ad hoc shall contain nonidentifying information about the biological family. If the court determines that identifying information shall be disclosed, the court may release such information to the person requiring it and order that the confidentiality be maintained without disclosure to the mover.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2003, No. 567, §1; Acts 2008, No. 583, §1.
Unless rights have been terminated in accordance with Title X or XI, consent to the adoption of a child or relinquishment of parental rights shall be required of the following:
(1) The mother of the child.
(2) The father of the child, regardless of the child's actual paternity, if any of the following apply:
(a) The child is a child born of the marriage in accordance with the Louisiana Civil Code or its legal equivalent in another state.
(b) The father is presumed to be the father of the child in accordance with the Louisiana Civil Code or its legal equivalent in another state.
(3) The alleged father of the child who has established his parental rights in accordance with Chapter 10 of Title XI.
(4) The biological father of the child whose paternity has been determined by a judgment of filiation and who has established his parental rights in accordance with Chapter 10 of Title XI.
(5) The custodial agency which has placed the child for adoption, except that the court may grant the adoption without the consent of the agency if the adoption is in the best interest of the child and there is a finding that the agency has unreasonably withheld its consent.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1995, No. 1095, §6; Acts 2000, 1st Ex. Sess., No. 109, §1, eff. April 17, 2000; Acts 2003, No. 609, §1; Acts 2004, No. 26, §1.
Repealed by Acts 1999, No. 1062, §5, eff. Jan. 1, 2000.
A. Any parent may give consent to the adoption of his child in open court, provided that all of the following occur:
(1) The parent appears before the court in person.
(2) The court informs the parent of the consequences of his consent.
(3) The parent voluntarily consents to the adoption.
B. Upon acceptance by the court, the parent's consent to the adoption is irrevocable.
C. Upon acceptance by the court, the parent shall execute the Statement of Family History set forth in Article 1125. All other rights and duties set forth in Chapter 8 of Title XI shall be applicable as if the consent were a surrender.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2001, No. 567, §1.
A. At any time following the birth of the child, any alleged or adjudicated father may execute an authentic act of consent to the adoption of his child, releasing any real or potential claims to the child, including a waiver of service for any subsequent adoption proceeding.
B. Such a consent shall be irrevocable upon execution.
C. Such a consent shall not be evidence of a confession, admission, or acknowledgment of paternity in any proceeding.
D. Any father who executes a release of claims shall also execute the Statement of Family History set forth in Article 1125. All other rights and duties set forth in Chapter 8 of Title XI shall be applicable as if the release were a surrender.
E. A father as described by Article 1193(2) shall not be authorized to execute a release of claims but may execute a surrender in accordance with Article 1122.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2001, No. 567, §1.
Prior to the initiation of any adoption under the provisions of this Title, the attorney for the petitioners shall obtain a certified copy of the child's birth certificate, which shall be attached to the petition for adoption.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A single person, eighteen years or older, or a married couple jointly may petition to adopt a child through an agency. When one joint petitioner dies after the petition has been filed, the adoption proceedings may continue as though the survivor was a single original petitioner.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. The petition for an agency adoption shall be styled: "In re _________________, Applying for Agency Adoption." The petition or an attached exhibit shall state:
(1) The full name, address, age, occupation, and marital status of each petitioner.
(2) The name by which the child is known to petitioners as well as the name under which the birth of the child is recorded.
(3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.
(4) If known, the name of every parent whose consent to the adoption is required pursuant to Article 1193(1) and (2) and proof of their consent, or the name of every parent and the reason such consent is not required.
(5) The diligent efforts made in accordance with Article 1135(B), if the alleged father of the child is unknown, which establish that his rights should be terminated in accordance with Article 1135(A).
(6) The date and circumstances under which the child entered the home of the petitioner.
(7) Any relationship existing between the petitioner and the child.
B. The petition shall be accompanied by a certified copy of any order terminating the rights of the child's parents.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
A. The petitioner shall file with the petition a current estimate and accounting of fees and charges in accordance with Article 1201. The petitioner also shall file a final adoption disclosure affidavit with the court not later than ten days prior to the date scheduled for the final hearing on the adoption.
B. Only the following services provided by the Department of Children and Family Services, or payments made through a licensed adoption agency or an adoption attorney, are permissible and not a violation of R.S. 14:286:
(1) Actual medical expenses, including hospital, testing, nursing, pharmaceutical, travel, or other similar expenses, incurred by the biological mother for prenatal care and those medical expenses incurred by the biological mother and child incident to birth.
(2) Actual medical expenses, including hospital, testing, nursing, pharmaceutical, travel, or other similar expenses, and foster care expenses incurred on behalf of the child prior to the decree of adoption.
(3) Actual expenses incurred by the department or the agency for counseling and training services provided to the adoptive parents and for home studies or investigations.
(4) Actual and reasonable administrative expenses incurred by the department or the agency, including overhead, court costs, travel costs, and attorney fees connected with an adoption. In approving a fee for overhead, the court shall consider and include additional expenses incurred by the department or the agency not specifically allocated to the adoption before the court including the cost of failed adoptions, where those expenses or fees represent actual costs of the department's or agency's adoption services permitted by the provisions of this Article.
(5) Actual expenses incurred for counseling services provided to a biological parent or a child for a reasonable time before and after the child's placement for adoption.
(6) Actual expenses incurred in ascertaining the information required by Articles 1124 and 1125.
(7) Actual and reasonable living expenses needed to maintain an adequate standard of living that the mother is unable to maintain otherwise due to lost wages for a period when she is unable to work.
(a) Living expenses in accordance with this Subparagraph may be paid for a reasonable time before the birth of her child and for no more than forty-five days after the birth and may include the following:
(i) Temporary housing expenses, such as rent or mortgage payments.
(ii) Utilities, such as electricity, gas, water, or telephone.
(iii) Food for the mother and any children residing in her home.
(iv) Transportation costs related to the pregnancy or adoption.
(v) Maternity clothing for the mother.
(vi) Personal hygiene products, cleaning products, and laundry services.
(b) Actual living expenses shall not include vehicles, salary or wages, recreation or leisure activities, permanent housing, gifts, or other payments for the monetary gain of the mother.
(c) The total and cumulative amount of living expenses paid to the biological mother during the term of the pregnancy by one or more agencies or attorneys under the provisions of this Article shall not exceed seven thousand five hundred dollars, except as otherwise specifically authorized in accordance with Subparagraph (9) of this Paragraph.
(8) Actual and reasonable attorney fees, court costs, travel, or other expenses incurred on behalf of a parent who surrenders a child for adoption or otherwise consents to the child's adoption.
(9) Any additional expense authorized by order of the court prior to payment upon a specific finding that the expense is reasonable and necessary.
C. The payment of expenses permitted by Paragraph B of this Article may not be made contingent on the placement of a child for adoption, relinquishment of the child, or consent to the adoption, and the prospective adoptive parent shall have no right to seek reimbursement of any payments solely on the basis of the mother's decision not to place the child for adoption. However, the prospective adoptive parent may seek reimbursement of payments made pursuant to Paragraph B of this Article from a mother or any other person, agency, or attorney who accepts such payments if the person accepting payment knows that the mother on whose behalf payment is accepted is not pregnant at the time of the receipt of payments or that the mother is accepting payments concurrently from more than one prospective adoptive parent without the knowledge of the prospective adoptive parent who is seeking reimbursement.
D. Adoptive parents shall pay to the department any of the expenses listed in Paragraph B of this Article which may be imposed by the department. Such payments shall be imposed solely at the discretion of the department. The department shall not include payment of the expenses listed in Paragraph B of this Article as a requirement for adoption.
E. If a court determines from an accounting that an amount that is going to be or has been disbursed for expenses listed in Paragraph B of this Article is unreasonable, it may order a reduction in the amount to be disbursed and order the person who received the disbursement to refund that portion.
F. If a court determines from an accounting that an amount is going to be or has been disbursed for expenses not permitted by Paragraph B of this Article, it may:
(1) Issue an injunction prohibiting the disbursement or order the person who received the disbursement to refund it.
(2) Refer the case to the district attorney for the consideration of criminal charges pursuant to R.S. 14:286.
(3) Refuse to approve the adoption, if in the best interest of the child.
G. The court shall not issue a final decree of adoption until it has reviewed and approved the final accounting.
H. A copy of the adoption disclosure affidavit and all orders of the court pursuant to this Article shall be mailed to the Department of Children and Family Services.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2018, No. 562, §1; Acts 2024, No. 92, §1.
A. Each petition for an agency adoption shall be accompanied by an affidavit executed by the petitioner and petitioner's attorney containing an accounting of all fees and charges paid or agreed to be paid by or on behalf of the petitioner in connection with the adoption. The affidavit shall include the date and amount of each payment made, the name and address of the recipient, and the purpose of each payment. Receipts, or other documentation in the event receipts are not available, for each expense shall be attached to the affidavit.
B. The affidavit shall not include any identifying information as to the biological parents, their families, or the child's birth name.
C. The form for the affidavit shall be as follows:
"ADOPTION DISCLOSURE AFFIDAVIT
BEFORE ME, the undersigned authority, personally came and appeared __________ (petitioner) and _________ (attorney for petitioner), who being first duly sworn, did depose and state:
In the matter of the adoption by ________ (petitioner's name):
Itemization of Expenses Recipient Purpose Estimate Actual Date Paid
A. Agency administrative expenses:
Attorney fees
Court costs
Travel costs
Overhead
Other (Specify)
B. Agency counseling expenses:
Counseling for adopting parents
Home study evaluations
Counseling for biological parents
Counseling for the child
Statement of Family History information
Other (Specify)
C. Medical expenses for biological mother:
Medical
Travel
Other (Specify)
D. Medical/foster care expenses for child:
Medical
Travel
Other (Specify)
E. Living expenses of the biological mother:
Housing
Utilities
(a) Electricity
(b) Gas
(c) Water
(d) Telephone
Food
Transportation
Maternity clothing
F. Living expenses paid to the biological mother during the term of the pregnancy by another agency or attorney:
G. Other expenses (Specify):
Total Estimated Total Paid
We certify that no other fees, charges, or things of value other than court costs have been given or shall be given by anyone in connection with this adoption.
We declare that this disclosure statement has been examined by each of us and that its contents are true to the best of our information, knowledge, and belief.
We understand that each of us has a continuing obligation to supplement and amend this affidavit as necessary.
We understand that this information will be transmitted to the Department of Children and Family Services. We further understand that it may be released by written authorization of the court for purposes of a grand jury investigation pursuant to R.S. 14:286 or for an ethical investigation by the Committee on Professional Responsibility of the Louisiana State Bar Association. We further certify that we understand that in accordance with R.S. 14:286, making a false statement in any adoption disclosure affidavit with the intent to deceive and with knowledge that the statement is false is punishable by a fine not to exceed fifty thousand dollars or imprisonment with or without hard labor for not more than ten years, or both.
Signature of Petitioner Signature of Attorney
Address Address
SWORN TO AND SUBSCRIBED BEFORE ME ON THIS _____ DAY OF ______, ___.
(NOTARY PUBLIC)"
D. The adoption disclosure affidavit shall not be included as an exhibit for service with a copy of the petition under Article 1202.
E. Confidentiality of the information contained in the adoption disclosure affidavit shall be maintained as provided in Chapter 5 of this Title, and shall be released only in accordance with this Article or on written authorization of the court for the purposes of a grand jury investigation of a violation of R.S. 14:286 or an ethical investigation by the Committee on Professional Responsibility of the Louisiana State Bar Association.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2018, No. 562, §1.
A. A copy of the petition for an agency adoption together with all exhibits shall be served by registered or certified mail, return receipt requested, postage prepaid, or by commercial courier as defined in R.S. 13:3204(D), when the person to be served is located outside of this state, and properly addressed to the department and on any agency having legal custody of the child. Two copies of the same petition need not be served on the department.
B. Except when waived, notice of the filing of the petition shall be served on any parent whose parental rights have not been terminated by a court of competent jurisdiction.
C. If the adoption petition names an alleged or adjudicated father and his parental rights have not been terminated by a court of competent jurisdiction, he shall be served with notice of the filing of the petition in accordance with Articles 1133, 1134, and 1136 and thereafter, his rights shall be determined in accordance with the provisions of Articles 1137 through 1143.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 395, §7.
If a parent upon whom service is required under Article 1202 resides within this state, service shall be made either personally or by domiciliary service not less than thirty days prior to the commencement of the hearing on the petition.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
If a parent upon whom service is required under Article 1202 does not reside within this state, service shall be made by registered or certified mail, return receipt requested, postage prepaid and properly addressed to the address indicated in the petition not less than thirty days prior to commencement of the hearing on the petition.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
A. If a parent upon whom service is required under Article 1202 cannot be served in accordance with the provisions of Article 1203 or 1204, the court shall appoint an attorney at law as curator ad hoc for the parent and service shall be made upon the curator ad hoc.
B. Upon appointment of the curator ad hoc, a copy of the court order shall be forwarded to the department.
C. The fees and costs of the curator ad hoc shall be paid by the petitioner, notwithstanding any provision of law to the contrary.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. The curator ad hoc shall make a diligent effort to locate the parent and notify him of the pendency and nature of the proceedings. Any appearances or acceptances of service by the curator ad hoc shall be valid, but he shall not be allowed to waive any rights of notice.
B. The curator ad hoc shall submit to the court a note of evidence indicating the efforts made to locate the parent and shall receive an appropriate fee.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. Prior to the final decree of the adoption, the licensed private adoption agency, or the department, if the child is in custody of the department, shall ensure that all of the prerequisites for adoption that are listed in this Paragraph are completed. The licensed private adoption agency or the department shall complete the list of prerequisites by utilizing a social worker in the employ of a licensed private adoption agency, licensed social worker, licensed professional counselor, licensed psychologist, medical psychologist, licensed psychiatrist, or licensed marriage and family therapist; or, if the child is in the custody of the department, by a department employee or designee. All of the following prerequisites shall be completed:
(1) Conduct an initial in-home, in-person visit with the child and one adoptive parent within seven calendar days of the child's placement. The next in-home, in-person visit shall occur within thirty days of the initial in-home, in-person visit.
(2) Conduct an in-home visit with one adoptive parent at least once every month after the visits provided in Subparagraph (1) of this Paragraph are completed. The child shall be observed in the home during the monthly visit.
(3) Conduct a private visit without the presence of the adoptive parents with each child age one year and above every other month with at least a segment of the visit occurring in the adoptive home.
(4) Conduct an in-home visit with both adoptive parents and child within thirty days prior to the final decree.
(5) Prepare a report that documents information obtained from the visits conducted pursuant to Subparagraphs (1) through (4) of this Paragraph which shall contain all of the following:
(a) The date and time of the visit.
(b) The individuals present at the time of the visit.
(c) The location of the visit.
(d) The duration of the visit.
(e) An assessment of adjustment of both the child and the adoptive parent.
(f) An assessment of the attachment and bonding between the child and the adoptive parent.
(g) An assessment of the child's health.
(h) A description of changes since last contact.
(i) A summary of the visit.
(j) The signature of a person conducting the visit or phone contact.
(6) Conduct at least three of the visits prior to adoption finalization including the visit prior to the final decree which shall include both adoptive parents and all other members of the household.
(7) Report observations made during the visits which shall be used in making recommendations for the finalization of the adoption. If problems are identified, the family shall be assisted directly and referred to a resource to address the concerns.
(8) The child and adoptive parent shall be provided assistance, consultation, and emotional support with situations and problems encountered in permanent placement through finalization.
(9) The adoptive family shall be provided with access to twenty-four-hour crisis intervention services through finalization.
(10) A confidential report concerning requirements set forth in Subparagraphs (1) through (9) of this Paragraph shall be presented to the department upon completion and to the court prior to the hearing on the final decree of agency adoption.
B. The department shall investigate the proposed agency adoption and submit a confidential report of its findings to the court. The findings shall include:
(1) The conditions with respect to the availability of the child for adoption.
(2) The physical and mental condition of the child.
(3) Other factors regarding the suitability of the child for adoption in petitioner's home.
(4) The moral and financial fitness of the petitioner.
(5) The conditions of the proposed adoptive home with respect to health, adjustment, and other advantages or disadvantages to the child.
C. The department may delegate the performance of this investigation to a licensed private adoption agency, but the department remains responsible for ensuring the accuracy and thoroughness of the resulting report and for the safety and welfare of the child. The department shall adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement this authorization in accordance with the Administrative Procedure Act.
D. The department shall make every effort to locate any living parent whose consent is required under Article 1193 to determine the parent's attitude toward the proposed adoption. If a curator ad hoc has been appointed by the court pursuant to Article 1205, the department shall supply him with all information pertinent to the location of an absentee parent within fifteen days of its receipt of a copy of the order appointing the curator ad hoc.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2022, No. 633, §1.
A. The court shall sign the order setting the time and place for the hearing of the petition for agency adoption not less than thirty nor more than sixty days after the filing of the adoption petition. The court may extend this time for up to sixty additional days for good cause, which may include a showing by the department that it has been impossible to gather the necessary data within the time prescribed. The court may reduce the time to a minimum of fifteen days with written approval of the department and the petitioner. If an extension of time is granted, the court shall set a new hearing date and shall require the petitioner to report to the court, either at that hearing, or before, in detail concerning the progress of the child's adoptive placement.
B. At this hearing the court shall consider:
(1) Any motion to intervene which has been filed.
(2) Any other issues in dispute.
(3) The confidential report of the department.
(4) The report of any criminal records concerning the petitioner, including the nature of the offenses, the number of offenses, and the length of time between the offenses and between the last offense committed and the petition for agency adoption. The existence of a criminal record of the petitioner shall not be automatic grounds for the court to refuse to grant an agency adoption.
(5) The report of any validated complaints of child abuse or neglect concerning the petitioner.
(6) The testimony of the parties.
C. If the child to be adopted is twelve years of age or older, the court shall solicit and consider his wishes in the matter.
D. If not previously determined by the court in a separate hearing, the court shall also determine whether any proposed continuing contact agreement involving a child in the custody of the department is in the best interest of the child in accordance with Article 1269.5.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2013, No. 187, §1.
A. Intervention in agency adoption proceedings shall not be allowed except on motion to the court and a showing of good cause.
B. Such intervention shall be limited to persons having a substantial caretaking relationship with the child for one year or longer, or any other person that the court finds to be a party in interest.
C. The intervention of a party in interest shall be for the limited purpose of presenting evidence as to the best interests of the child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
Upon due consideration of the factors enumerated in Article 1208(B), the court may grant or refuse to grant an interlocutory decree during or after the hearing. The basic consideration for this decree shall be the best interests of the child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
Notwithstanding Article 1216, upon the consideration of the factors enumerated in Article 1208(B), the court may render a final decree of agency adoption at the first hearing without the necessity of first entering an interlocutory decree, if either:
(1) The child was placed in the petitioner's home by an agency and the child has lived in that home for at least six months prior to the hearing for adoption.
(2) The rights of the child's parents have been terminated pursuant to Title X or XI and the child has lived in the petitioner's home for at least one year.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2012, No. 730, §1.
Upon issuance of an interlocutory decree, the period that must elapse prior to application for final decree of adoption begins to run.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. After an interlocutory decree has been entered, the department shall maintain contact with the proposed adoptive home directly or through another agency in accordance with Article 1207.
B. The licensed private adoption placing agency, or the department for children in department custody, maintains responsibility for the safety and welfare of the child. The department is responsible for submission of a confidential court report that ensures the accuracy and thoroughness of the resulting reports. The department shall adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement this authorization in accordance with the Administrative Procedure Act.
C. If an interlocutory decree has been entered, a second confidential report shall be presented to the court preceding the hearing on the final decree of agency adoption. The findings of this report shall be based upon the same considerations as prescribed in Article 1207 and shall disclose any changed conditions and all new pertinent information.
D. Repealed by Acts 2022, No. 633, §2.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2021, No. 6, §1; Acts 2022, No. 633, §§1, 2.
A. If an interlocutory decree has not been rendered within six months of the filing of the petition and review hearings are not otherwise required under Titles X and XI, review hearings shall be held every ninety days until an interlocutory decree is rendered.
B. If a final decree has not been rendered within six months of the filing of the petition, or within six months of an interlocutory decree, if rendered, review hearings shall be held every ninety days until a final decree of adoption is rendered.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000.
A. At any time before the entry of the final decree of agency adoption, the court for good cause may revoke its interlocutory decree either on its own motion or on the motion of the department or on the motion of the petitioner or any person interested in the child.
B. All parties upon whom service was originally made shall be notified at least ten days prior to the signing of the order of revocation and shall be given an opportunity to be heard upon their written request.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. The child shall have lived with the petitioner for at least one year and at least six months shall have elapsed after the granting of an interlocutory decree before the petitioner may file a petition for final decree of agency adoption.
B. The court shall set a time and place for the hearing of the petition for final decree. The petition for final decree need not be served upon anyone except the department.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. The court, as a part of the final decree, shall provide notice of the provisions of R.S. 14:46.4 to the parties.
B. The court, after hearing and after taking into consideration information from all sources concerning the adoption, may enter a final decree of agency adoption, or it may deny the adoption. The basic consideration shall be the best interests of the child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2014, No. 721, §1.
A. For each adopted child, the court shall ensure that the department receives all of the following information:
(1) Whether either of the adopted parents are related to the child.
(2) The age of the child at placement.
(3) The age of the child at the time of finalization.
(4) The gender of the child.
(5) The race of the child.
(6) The location of placement.
(7) Other nonidentifying information the department requests in order to maintain statistical records of adoption finalizations.
B. The department shall release yearly statistics on adoptions and placements of children in Louisiana. These statistics shall be made available to the public.
Acts 2021, No. 6, §1.
A. Except as otherwise provided in this Title, upon a final decree of agency adoption, the parents of the child whose rights have not been previously terminated by a surrender or a judgment of termination and all other blood relatives of the child are relieved of all their legal duties and divested of all their legal rights with regard to the adopted child, including the right of inheritance from the adopted child and his lawful descendants, and the adopted child is relieved of all of his legal duties and divested of all his legal rights with regard to the parents, except as provided in Paragraph B.
B. The right of the child to inherit from his parents and other blood relatives is unaffected by the adoption.
C. Under the circumstances and pursuant to the procedures authorized by Chapter 14 of this Title, grandparents may obtain limited visitation rights to the adopted child.
D. Parents, grandparents, siblings, or other relatives by blood, adoption, or affinity who have an established and significant relationship may be allowed continuing contact with an adopted child in accordance with Chapter 14-A of this Title.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2003, No. 567, §1.
The full name of the adopted child may be changed in the final decree of agency adoption and, if changed, the surname shall be the same as that of the adoptive parent.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
Upon refusal to grant an interlocutory or final decree to the petitioners for the reason that the agency adoption is not in the best interests of the child, the court may remove the child from the petitioner and reinstate the legal custodian or appoint a custodian.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A single person, eighteen years or older, or a married couple jointly may petition to privately adopt a child. When one joint petitioner dies after the petition has been filed, the adoption proceedings may continue as though the survivor was a single original petitioner.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. The petition shall be styled: "In re _________________, Applying for Private Adoption." The petition or an attached exhibit shall state:
(1) The full name, address, age, occupation, and marital status of each petitioner.
(2) The name by which the child is known to petitioners as well as the name under which the birth of the child is recorded.
(3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.
(4) If known, the name of every parent whose consent to the adoption is required pursuant to Article 1193(1) and (2) and proof of their consent, or the name of every parent and the reason such consent is not required.
(5) The diligent efforts made in accordance with Article 1135(B), if the alleged father of the child is unknown, which establish that his rights should be terminated in accordance with Article 1135(A).
(6) The date and circumstances under which the child entered the home of the petitioner.
(7) Any relationship existing between the petitioner and the child.
B. The petition shall be accompanied by a certified copy of any order terminating the rights of the child's parents and if not previously filed, by a current certification for adoption.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2003, No. 567, §1.
A. The petitioner shall file with the petition a current estimate and accounting of fees and charges in accordance with Article 1223.1. The petitioner also shall file a final adoption disclosure affidavit with the court not later than ten days prior to the date scheduled for the final hearing on the adoption.
B. Only the following services provided by the Department of Children and Family Services, or payments made through a licensed adoption agency or an adoption attorney, are permissible and not a violation of R.S. 14:286:
(1) Actual medical expenses, including hospital, testing, nursing, pharmaceutical, travel, or other similar expenses, incurred by the biological mother for prenatal care and those medical expenses incurred by the biological mother and child incident to birth.
(2) Actual medical expenses, including hospital, testing, nursing, pharmaceutical, travel, or other similar expenses, and foster care expenses incurred on behalf of the child prior to the decree of adoption.
(3) Actual expenses incurred for counseling and training services provided to the adoptive parents and for home studies or investigations.
(4) Actual and reasonable court costs, travel costs, and attorney fees incurred by the adoptive parents for their own representation in this adoption.
(5) Actual expenses incurred for counseling services provided to a biological parent or a child for a reasonable time before and after the child's placement for adoption.
(6) Actual expenses incurred in ascertaining the information required by Articles 1124 and 1125.
(7) Actual and reasonable living expenses needed to maintain an adequate standard of living that the mother is unable to maintain otherwise due to lost wages for a period when she is unable to work.
(a) Living expenses in accordance with this Subparagraph may be paid for a reasonable time before the birth of her child and for no more than forty-five days after the birth and may include the following:
(i) Temporary housing expenses, such as rent or mortgage payments.
(ii) Utilities, such as electricity, gas, water, or telephone.
(iii) Food for the mother and any children residing in her home.
(iv) Transportation costs related to the pregnancy or adoption.
(v) Maternity clothing for the mother.
(vi) Personal hygiene products, cleaning products, and laundry services.
(b) Actual living expenses shall not include vehicles, salary or wages, recreation or leisure activities, permanent housing, gifts, or other payments for the monetary gain of the mother.
(c) The total and cumulative amount of living expenses paid to the biological mother during the term of the pregnancy by one or more agencies or attorneys under the provisions of this Article shall not exceed seven thousand five hundred dollars, except as otherwise specifically authorized in accordance with Subparagraph (9) of this Paragraph.
(8) Actual and reasonable attorney fees, court costs, travel, or other expenses incurred on behalf of a parent who surrenders a child for adoption or otherwise consents to the child's adoption.
(9) Any additional expense authorized by order of the court prior to payment upon a specific finding that the expense is reasonable and necessary.
C. The payment of expenses permitted by Paragraph B of this Article may not be made contingent on the placement of a child for adoption, relinquishment of the child, or consent to the adoption, and the prospective adoptive parent shall have no right to seek reimbursement of any payments solely on the basis of the mother's decision not to place the child for adoption. However, the prospective adoptive parent may seek reimbursement of payments made pursuant to Paragraph B of this Article from a mother or any other person, agency, or attorney who accepts such payments if the person accepting payment knows that the mother on whose behalf payment is accepted is not pregnant at the time of the receipt of payments or that the mother is accepting payments concurrently from more than one prospective adoptive parent without the knowledge of the prospective adoptive parent who is seeking reimbursement.
D. Adoptive parents shall pay to the department any of the expenses listed in Paragraph B of this Article which may be imposed by the department. Such payments shall be imposed solely at the discretion of the department. The department shall not include payment of the expenses listed in Paragraph B of this Article as a requirement for adoption.
E. If a court determines from an accounting that an amount that is going to be or has been disbursed for expenses listed in Paragraph B of this Article is unreasonable, it may order a reduction in the amount to be disbursed and order the person who received the disbursement to refund that portion.
F. If a court determines from an accounting that an amount is going to be or has been disbursed for expenses not permitted by Paragraph B of this Article, it may:
(1) Issue an injunction prohibiting the disbursement or order the person who received the disbursement to refund it.
(2) Refer the case to the district attorney for the consideration of criminal charges pursuant to R.S. 14:286.
(3) Refuse to approve the adoption, if in the best interest of the child.
G. The court shall not issue a final decree of adoption until it has reviewed and approved the final accounting.
H. A copy of the adoption disclosure affidavit and all orders of the court pursuant to this Article shall be mailed to the Department of Children and Family Services.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2001, No. 567, §1; Acts 2018, No. 562, §1; Acts 2024, No. 92, §1.
A. Each petition for private adoption shall be accompanied by an affidavit executed by the petitioner and the petitioner's attorney containing an accounting of all fees and charges paid or agreed to be paid by or on behalf of the petitioner in connection with the adoption. The affidavit shall include the date and amount of each payment made, the name and address of the recipient, and the purpose of each payment. Receipts, or other documentation in the event receipts are not available, for each expense shall be attached to the affidavit.
B. The affidavit shall not include any identifying information as to the biological parents, their families, or the child's birth name.
C. The form for the affidavit shall be as follows:
"ADOPTION DISCLOSURE AFFIDAVIT
BEFORE ME, the undersigned authority, personally came and appeared __________ (petitioner) and _________ (attorney for petitioner), who being first duly sworn, did depose and state:
In the matter of the adoption by ________ (petitioner's name):
Itemization of Expenses Recipient Purpose Estimate Actual Date Paid
A. Legal expenses:
Attorney fees for biological parent
Attorney fees for adopting parent
Court costs
Travel costs
Other (Specify)
B. Counseling expenses:
Counseling for adopting parents
Home study evaluations
Counseling for biological parents
Counseling for the child
Statement of Family History information
Other (Specify)
C. Medical expenses for biological mother:
Medical
Travel
Other (Specify)
D. Medical/foster care expenses for child:
Medical
Travel
Other (Specify)
E. Living expenses of the biological mother:
Housing
Utilities
(a) Electricity
(b) Gas
(c) Water
(d) Telephone
Food
Transportation
Maternity clothing
F. Living expenses paid to the biological mother during the term of the pregnancy by another agency or attorney:
G. Other expenses (Specify):
Total Estimated Total Paid
We certify that no other fees, charges, or things of value other than court costs have been given or shall be given by anyone in connection with this adoption.
We declare that this disclosure statement has been examined by each of us and that its contents are true to the best of our information, knowledge, and belief.
We understand that each of us has a continuing obligation to supplement and amend this affidavit as necessary.
We understand that this information will be transmitted to the Department of Children and Family Services. We further understand that it may be released by written authorization of the court for purposes of a grand jury investigation pursuant to R.S. 14:286 or for an ethical investigation by the Committee on Professional Responsibility of the Louisiana State Bar Association. We further certify that we understand that in accordance with R.S. 14:286, making a false statement in any adoption disclosure affidavit with the intent to deceive and with knowledge that the statement is false is punishable by a fine not to exceed fifty thousand dollars or imprisonment with or without hard labor for not more than ten years, or both.
Signature of Petitioner Signature of Attorney
Address Address
SWORN TO AND SUBSCRIBED BEFORE ME ON THIS _____ DAY OF ______, ___.
(NOTARY PUBLIC)"
D. The adoption disclosure affidavit shall not be included as an exhibit for service with a copy of the petition under Article 1224.
E. Confidentiality of the information contained in the adoption disclosure affidavit shall be maintained as provided in Chapter 5 of this Title, and shall be released only in accordance with this Article or on written authorization of the court for the purposes of a grand jury investigation of a violation of R.S. 14:286 or an ethical investigation by the Committee on Professional Responsibility of the Louisiana State Bar Association.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2001, No. 567, §1; Acts 2018, No. 562, §1.
A. A copy of the petition for private adoption together with all exhibits shall be served by registered or certified mail, return receipt requested, postage prepaid, or by commercial courier as defined in R.S. 13:3204(D), when the person to be served is located outside of this state, and properly addressed to the department.
B. Except when waived, notice of the filing of the petition shall be served on any parent whose parental rights have not been terminated by a court of competent jurisdiction.
C. If the adoption petition names an alleged or adjudicated father and his parental rights have not been terminated by a court of competent jurisdiction, he shall be served with notice of the filing of the petition in accordance with Articles 1133, 1134, and 1136 and thereafter, his rights shall be determined in accordance with the provisions of Articles 1137 through 1143 .
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 395, §7.
If a parent upon whom service is required under Article 1224 resides within this state, service shall be made either personally or by domiciliary service not less than thirty days prior to the commencement of the hearing on the petition.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
If a parent upon whom service is required under Article 1224 does not reside within this state, service shall be made by registered or certified mail to the address indicated in the petition, return receipt required, not less than thirty days prior to commencement of the hearing on the petition.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2021, No. 158, §1.
A. If a parent upon whom service is required under Article 1224 cannot be served in accordance with the provisions of Article 1225 or 1226, the court shall appoint an attorney at law as curator ad hoc for the parent and service shall be made upon the curator ad hoc.
B. Upon appointment of the curator ad hoc, a copy of the letter of appointment shall be forwarded to the department.
C. The fees and costs of the curator ad hoc shall be paid by the petitioner notwithstanding any provision of law to the contrary.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. The curator ad hoc shall make a diligent effort to locate the parent and notify him of the pendency and nature of the proceedings. Any appearances or acceptances of service by the curator ad hoc shall be valid, but he shall not be allowed to waive any rights of notice.
B. The curator ad hoc shall submit to the court a note of evidence indicating the efforts made to locate the parent and shall receive an appropriate fee.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. Prior to the final decree of the adoption, the attorney arranging the private adoption shall ensure that all of the prerequisites for adoption that are listed in this Paragraph are completed. The attorney arranging the private adoption shall complete the list of prerequisites by utilizing a social worker in the employ of a licensed private adoption agency, licensed social worker, licensed professional counselor, licensed psychologist, medical psychologist, licensed psychiatrist, or licensed marriage and family therapist; or, if the child is in the custody of the department, by a department employee or designee. All of the following prerequisites shall be completed:
(1) Conduct an initial in-home, in-person visit with the child and one adoptive parent within seven calendar days of the child's placement. The next in-home, in-person visit shall occur within thirty days of the initial in-home, in-person visit.
(2) Conduct an in-home visit with one adoptive parent at least once every month after the visits provided in Subparagraph (1) of this Paragraph are completed. The child shall be observed in the home during the monthly visit.
(3) Conduct a private visit without the presence of the adoptive parents with each child age one year and above every other month with at least a segment of the visit occurring in the adoptive home.
(4) Conduct an in-home visit with both adoptive parents and child within thirty days prior to the final decree.
(5) Prepare a report that documents information obtained from the visits conducted pursuant to Subparagraphs (1) through (4) of this Paragraph which shall contain all of the following:
(a) The date and time of the visit.
(b) The individuals present at the time of the visit.
(c) The location of the visit.
(d) The duration of the visit.
(e) An assessment of adjustment of both the child and the adoptive parent.
(f) An assessment of the attachment and bonding between the child and the adoptive parent.
(g) An assessment of the child's health.
(h) A description of changes since last contact.
(i) A summary of the visit.
(j) The signature of a person conducting the visit or phone contact.
(6) Conduct at least three of the visits prior to adoption finalization including the visit prior to the final decree which shall include both adoptive parents and all other members of the household.
(7) Report observations made during the visits which shall be used in making recommendations for the finalization of the adoption. If problems are identified, the family shall be assisted directly and referred to a resource to address the concerns.
(8) The child and adoptive parent shall be provided assistance, consultation, and emotional support with situations and problems encountered in permanent placement through finalization.
(9) The adoptive family shall be provided with access to twenty-four-hour crisis intervention services through finalization.
(10) A confidential report concerning requirements set forth in Subparagraphs (1) through (9) of this Paragraph shall be presented to the department upon completion and to the court prior to the hearing on the final decree of agency adoption.
B. The department shall investigate the proposed private adoption and submit a confidential report of its findings to the court. The findings shall include:
(1) The conditions with respect to the availability of the child for adoption.
(2) The physical and mental condition of the child.
(3) Other factors regarding the suitability of the child for adoption in petitioner's home.
(4) The moral and financial fitness of the petitioner.
(5) The conditions of the proposed adoptive home with respect to health, adjustment, and other advantages or disadvantages to the child.
C. The department may delegate the performance of this investigation to a licensed private adoption agency, but the department remains responsible for ensuring the accuracy and thoroughness of the resulting report and for the safety and welfare of the child. The department shall adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement this authorization in accordance with the Administrative Procedure Act.
D. The department shall make every effort to locate any living parent whose consent is required under Article 1193 to determine the parent's attitude toward the proposed adoption. If a curator ad hoc has been appointed by the court pursuant to Article 1227, the department shall supply him with all information pertinent to the location of an absentee parent within fifteen days of its receipt of a copy of the order appointing the curator ad hoc.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2022, No. 633, §1.
A. The court shall sign the order setting the time and place for the hearing of the petition for private adoption not less than thirty nor more than sixty days after the filing of the adoption petition. The court may extend this time for up to sixty additional days for good cause, which may include a showing by the department that it has been impossible to gather the necessary data within the time prescribed. The court may reduce the time to a minimum of fifteen days with written approval of the department and the petitioner. If an extension of time is granted, the court shall set a new hearing date and shall require the petitioner to report to the court, either at that hearing, or before, in detail concerning the progress of the child's adoptive placement.
B. At this hearing the court shall consider:
(1) Any motion to intervene which has been filed.
(2) Any other issues in dispute.
(3) The confidential report of the department.
(4) The report of any criminal records concerning the petitioner, including the nature of the offenses, the number of offenses, and the length of time between the offenses and between the last offense committed and the petition for private adoption. The existence of a criminal record of the petitioner shall not be automatic grounds for the court to refuse to grant a private adoption.
(5) The report of any validated complaints of child abuse or neglect concerning the petitioner.
(6) The testimony of the parties.
C. If the child to be adopted is twelve years of age or older, the court shall solicit and consider his wishes in the matter.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2013, No. 187, §1.
A. Intervention in private adoption proceedings shall not be allowed except on motion to the court and a showing of good cause.
B. Such intervention shall be limited to persons having a substantial caretaking relationship with the child for one year or longer, or any other person that the court finds to be a party in interest.
C. The intervention of a party in interest shall be for the limited purpose of presenting evidence as to the best interests of the child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
Upon due consideration of the factors enumerated in Article 1230(B), the court may grant or refuse to grant an interlocutory decree during or after the hearing. The basic consideration for this decree shall be the best interests of the child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
Notwithstanding Article 1238, upon due consideration of the factors enumerated in Article 1230(B), the court may render a final decree of private adoption at the first hearing, without the necessity of first entering an interlocutory decree, only if the rights of the child's parents have been terminated pursuant to Title X or XI of this Code and the child has lived in the petitioner's home for six months.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2021, No. 6, §1.
Upon issuance of an interlocutory decree, the period that must elapse prior to application for final decree of private adoption begins to run.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. After an interlocutory decree has been entered, if ordered by the court, the attorney arranging the private adoption shall ensure that a licensed professional tasked with ensuring the safety and health of the child in the adoptive placement shall maintain contact with the proposed adoptive home directly or through another agency in accordance with Article 1229.
B. If an interlocutory decree has been entered, a second confidential report shall be presented to the court preceding the hearing on the final decree of private adoption. The findings of this report shall be based upon the same considerations as prescribed in Article 1229 and shall disclose any changed conditions and all new pertinent information.
C. Repealed by Acts 2022, No. 633, §2.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2021, No. 6, §1; Acts 2022, No. 633, §§1, 2.
A. If an interlocutory decree has not been rendered within six months of the filing of the petition and review hearings are not otherwise required under Titles X and XI, review hearings shall be held every ninety days until an interlocutory decree is rendered.
B. If a final decree has not been rendered within six months of the filing of the petition, or within six months of an interlocutory decree, if rendered, review hearings shall be held every ninety days until a final decree of adoption is rendered.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000.
A. At any time before the entry of the final decree of private adoption, the court for good cause may revoke its interlocutory decree either on its own motion or on the motion of the department or on the motion of the petitioner or any person interested in the child.
B. All parties upon whom service was originally made shall be notified at least ten days prior to the signing of the order of revocation and shall be given an opportunity to be heard upon their written request.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. The child shall have lived with the petitioner for at least one year and at least six months shall have elapsed after the granting of an interlocutory decree before the petitioner may file a petition for final decree of private adoption.
B. The court shall set a time and place for the hearing of the petition for final decree. The petition for final decree need not be served upon anyone except the department.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. The court, as a part of the final decree, shall provide notice of the provisions of R.S. 14:46.4 to the parties.
B. The court, after hearing and after taking into consideration information from all sources concerning the adoption, may enter a final decree of private adoption, or it may deny the adoption. The basic consideration shall be the best interests of the child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2014, No. 721, §1.
A. For each adopted child, the court shall ensure that the department receives all of the following information:
(1) Whether either of the adopted parents are related to the child.
(2) The age of the child at placement.
(3) The age of the child at the time of finalization.
(4) The gender of the child.
(5) The race of the child.
(6) The location of placement.
(7) Other nonidentifying information the department requests in order to maintain statistical records of adoption finalizations.
B. The department shall release yearly statistics on the adoptions of children in Louisiana and placement of those children. These statistics shall be made available to the public.
Acts 2021, No. 6, §1.
A. Except as otherwise provided in this Title, upon a final decree of private adoption, the parents of the child whose rights have not been previously terminated by a surrender or a judgment of termination and all other blood relatives of the child are relieved of all their legal duties and divested of all their legal rights with regard to the adopted child, including the right of inheritance from the adopted child and his lawful descendants, and the adopted child is relieved of all of his legal duties and divested of all his legal rights with regard to the parents, except as provided in Paragraph B.
B. The right of the child to inherit from his parents and other blood relatives is unaffected by the adoption.
C. Under the circumstances and pursuant to the procedures authorized by Chapter 14 of this Title, grandparents may obtain limited visitation rights to the adopted child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2001, No. 568, §1, eff. Jan. 1, 2002.
The full name of the adopted child may be changed in the final decree of private adoption and, if changed, the surname shall be the same as that of the adoptive parent.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
Upon refusal to grant an interlocutory or final decree to the petitioners for the reason that the private adoption is not in the best interests of the child, the court may remove the child from the petitioner and reinstate the legal custodian or appoint a custodian.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. A stepparent, stepgrandparent, great-grandparent, grandparent, or collaterals within the twelfth degree may petition to adopt a child if all of the following elements are met:
(1) The petitioner is related to the child by blood, adoption, or affinity through the mother of the child or through a father who is filiated to the child in accordance with the Civil Code.
(2) The petitioner is a single person over the age of eighteen or a married person whose spouse is a joint petitioner.
(3) The petitioner has had legal or physical custody of the child for at least six months prior to filing the petition for adoption.
B.(1) When the spouse of the stepparent or one joint petitioner dies after the petition has been filed, the adoption proceedings may continue as though the survivor was a single original petitioner.
(2) When a petitioner is the grandparent of a child and the petitioner's spouse is the stepgrandparent of the child and that spouse files an authentic act requesting that the blood relative grandparent petitioner be allowed to file or complete the adoption proceedings as the sole petitioner, then any court of competent jurisdiction may grant the adoption in the same manner as if the grandparent was a single petitioner. Any petitioner and stepgrandparent filing a petition pursuant to this Paragraph shall be required to undergo the background check provided for in Article 1243.2.
C. Repealed by Acts 2014, No. 169, §2.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 733, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 256, §1; Acts 1999, No. 695, §1; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2001, No. 567, §1; Acts 2002, 1st Ex. Sess., No. 65, §1, eff. April 18, 2002; Acts 2007, No. 111, §1; Acts 2010, No. 190, §1; Acts 2014, No. 169, §§1, 2; Acts 2016, No. 175, §1, eff. May 19, 2016.
The provisions of this Chapter govern intrafamily adoptions and take precedence when in conflict with another provision of this Title.
Acts 1999, No. 1062, §4, eff. Jan. 1, 2000.
A. Upon the filing of a petition, the court shall immediately issue both of the following orders:
(1) That the local sheriff or the office of state police, Louisiana Bureau of Criminal Identification and Information, conduct a records check for all federal arrests and convictions and all state arrests and convictions for each of the prospective adoptive parents. Prospective adoptive parents shall submit a set of fingerprints to the sheriff or the office of state police.
(2) That the department conduct a records check for validated complaints of child abuse or neglect in this or any other state in which either of the prospective adoptive parents has been domiciled since becoming a major, involving either prospective adoptive parent.
B. Each order shall state the full name, date of birth, social security number, and former and current state of domicile since becoming a major of each prospective adoptive parent.
C. The sheriff or the office of state police, Louisiana Bureau of Criminal Identification and Information, and the department shall accord priority to these orders and shall provide a certificate indicating all information discovered, or that no information has been found.
Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2010, No. 192, §1.
A. Except as otherwise provided herein, any parent may execute an authentic act consenting to the adoption of his child in an intrafamily adoption, including a waiver of service or notice for any subsequent proceeding.
B. If the parent of a child born of marriage is married to the stepparent petitioner and executes an authentic act of consent, he need not join in the petition nor be served with a copy thereof.
C. The parent of a child born outside of marriage who is married to the petitioning spouse shall join in the petition.
D. Repealed by Acts 1999, No. 1062, §5, eff. Jan. 1, 2000.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 256, §1; Acts 1999, No. 1062, §§4, 5, eff. Jan. 1, 2000; Acts 2004, No. 26, §3; Acts 2010, No. 738, §1.
A. A parent, whose rights have not been terminated in accordance with Title X or XI or who has not previously consented to the adoption in accordance with Article 1244, may oppose the adoption of his child by filing a clear and written answer and opposition to the adoption. The answer and opposition shall be filed with the court within fifteen days from the time of service of the filing of an intrafamily adoption petition.
B. Upon receipt of the opposition, the court shall appoint an attorney to represent the child, subject to the limitations in Article 1121. Neither the child nor anyone purporting to act on his behalf may be permitted to waive this right. The costs of the representation of the child shall be taxed as costs of court.
C. When the opposition provides that the parent cannot afford to hire an attorney, the court shall determine whether due process requires the appointment of counsel within twenty-one days of the filing of the opposition.
D. Notice shall be served in accordance with Articles 1133 and 1134 on the opposing parent, the legal custodian, the petitioner, counsel appointed for the child, counsel appointed for the parent, and the other parent not consenting to the adoption pursuant to Article 1144 or whose rights have not previously been terminated.
Acts 2010, No. 738, §1.
A. The consent of the parent as required by Article 1193 may be dispensed with upon proof by clear and convincing evidence of the required elements of either Paragraph B or C of this Article at the hearing on the opposition and petition.
B. When a petitioner authorized by Article 1243 has been granted custody of the child by a court of competent jurisdiction and any one of the following conditions exists:
(1) The parent has refused or failed to comply with a court order of support without just cause for a period of at least six months.
(2) The parent has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of at least six months.
C. When the spouse of a stepparent petitioner has been granted sole or joint custody of the child by a court of competent jurisdiction or is otherwise exercising lawful custody of the child and any one of the following conditions exists:
(1) The other parent has refused or failed to comply with a court order of support without just cause for a period of at least six months.
(2) The other parent has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of at least six months.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2008, No. 778, §1; Acts 2010, No. 738, §1.
Repealed by Acts 2010, No. 738, §2.
The petition shall be styled: "In re _________________, Applying for Intrafamily Adoption." The petition or an attached exhibit shall state:
(1) The full name, address, age, occupation, and marital status of each petitioner.
(2) The name by which the child is known to petitioners as well as the name under which the birth of the child is recorded.
(3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.
(4) If known, the name of every parent whose consent to the adoption is required pursuant to Article 1193(1) and (2) and proof of their consent, or the name of every parent and the reason such consent is not required as authorized by Article 1245.
(5) The diligent efforts made in accordance with Article 1135(B), if the alleged father of the child is unknown, which establish that his rights should be terminated in accordance with Article 1135(A).
(6) The date and circumstances under which the child entered the home of the petitioner.
(7) Any relationship existing between the petitioner and the child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
A. Except when waived in accordance with the provisions of Title XI or XII, notice of the filing of the petition for intrafamily adoption shall be issued by the clerk and served, together with a copy of the petition, on every parent whose consent to the adoption is required pursuant to Article 1193 and whose parental rights have not been terminated by a court of competent jurisdiction, and shall state:
Notice
Louisiana law provides that under certain circumstances your consent to the adoption of your child may be dispensed with and you can permanently lose your rights as a parent by final decree of adoption. An intrafamily adoption petition has been filed requesting the court to grant an adoption and terminate your parental rights to your child. A copy of the petition is attached to this notice. If you do not file a written answer stating your opposition to the adoption within fifteen days of receiving this notice you will lose the right to object to the adoption. If you choose to file a written answer stating your opposition to the adoption you must file it with the clerk of court at _______________. Only if you file an answer stating your opposition to the adoption will you have an opportunity to present your opposition to the adoption. If you file an answer stating your opposition, the court will set a hearing, and you will receive notice of the hearing of your opposition.
If you do not file an answer stating your opposition, and if the court at the adoption hearing finds that the facts set out in the petition are true and that adoption is in the best interests of your child, the court can enter a judgment ending your rights to your child. If the judgment terminates your parental rights, you will no longer have any rights to visit or to have custody of your child or make any decisions affecting your child, and your child will be legally freed to be adopted.
This is a very serious matter. You should contact an attorney immediately so that he or she can help you determine your rights. You have the right to hire an attorney and to have him or her represent you. If you cannot afford to hire an attorney and you oppose the adoption, your answer stating your opposition may request that the court determine if you have the right to have an attorney appointed. If you have filed an answer stating your opposition, whether or not you decide to hire an attorney, you will have the right to attend the hearing of your case, to call witnesses on your behalf, and to question those witnesses brought against you.
You may call the telephone number on the attached form for information concerning free legal aid. If you have any questions concerning this notice, you may call the telephone number of the clerk's office which is ___________.
B. If the adoption petition names an alleged or adjudicated father and his parental rights have not been terminated by a court of competent jurisdiction, he shall be served with notice of the filing of the petition in accordance with Articles 1133, 1134, and 1136 and thereafter, his rights shall be determined in accordance with the provisions of Articles 1137 through 1143.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1995, No. 1095, §6; Acts 1999, No. 395, §7; Acts 2008, No. 778, §1; Acts 2010, No. 738, §1; Acts 2012, No. 603, §1.
A. If a parent upon whom service is required under Article 1247 resides within this state, service shall be made either personally or by domiciliary service not less than thirty days prior to the commencement of the hearing on the petition.
B. If any social security numbers are contained in the petition or in any of the exhibits attached to the petition, they may be redacted from the copies being served.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2012, No. 603, §1.
A. If a parent upon whom service is required under Article 1247 does not reside within this state, service shall be made by certified or registered mail, return receipt requested, postage prepaid, or by commercial courier as defined in R.S. 13:3204(D), to the address indicated in the petition not less than thirty days prior to commencement of the hearing on the petition.
B. If any social security numbers are contained in the petition or in any of the exhibits attached to the petition, they may be redacted from the copies being served.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2001, No. 567, §1; Acts 2012, No. 603, §1.
A. If a parent upon whom service is required pursuant to Article 1247 cannot be served in accordance with the provisions of Article 1248 or 1249, the court shall appoint an attorney at law as curator ad hoc for the parent and service shall be made upon the curator ad hoc.
B. If any social security numbers are contained in the petition or in any of the exhibits attached to the petition, they may be redacted from the copies being served.
C. Upon appointment of the curator ad hoc, a copy of the letter of appointment shall be forwarded to the department.
D. The fees and costs of the curator ad hoc shall be paid by the petitioner, notwithstanding any provision of law to the contrary.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2012, No. 603, §1.
A. The curator ad hoc shall make a diligent effort to locate the parent and notify him of the pendency and nature of the proceedings. Any appearances or acceptances of service by the curator ad hoc shall be valid, but he shall not be allowed to waive any rights of notice.
B. The curator ad hoc shall submit to the court a note of evidence indicating the efforts made to locate the parent and shall receive an appropriate fee.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. The department shall not investigate the proposed intrafamily adoption except upon order of the court. If the court orders an investigation, it may request any information which it deems relevant and require that the department submit a confidential report of its findings to the court.
B. The department shall make every effort to locate any living parent whose consent is required under Article 1193 to determine the parent's attitude toward the proposed adoption. If a curator ad hoc has been appointed by the court pursuant to Article 1250, the department shall supply him with all information pertinent to the location of an absentee parent within fifteen days of its receipt of a copy of the order appointing the curator ad hoc.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2012, No. 603, §1.
A. The court shall hear the petition for intrafamily adoption within sixty days if there is no opposition or within ninety days if there is opposition. The court may extend this time for up to sixty days for good cause, which may include a showing by the department that it has been impossible to gather the necessary data within the time prescribed. The court may reduce the time to a minimum of fifteen days with written approval of the department and the petitioner.
B. At this hearing the court shall consider:
(1) Any motion to intervene which has been filed.
(2) Any other issues in dispute.
(3) The confidential report of the department, if any.
(4) The report of any criminal records concerning the petitioner, including the nature of the offenses, the number of offenses, and the length of time between the offenses and between the last offense committed and the petition for intrafamily adoption. The existence of a criminal record of the petitioner shall not be automatic grounds for the court to refuse to grant an intrafamily adoption.
(5) The report of any validated complaints of child abuse or neglect concerning the petitioner.
(6) The testimony of the parties.
C. If the child to be adopted is twelve years of age or older, the court shall solicit and consider his wishes in the matter.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2010, No. 738, §1; Acts 2013, No. 187, §1.
A. Intervention in intrafamily adoption proceedings shall not be allowed except on motion to the court and a showing of good cause.
B. Such intervention shall be limited to persons having a substantial caretaking relationship with the child for one year or longer, or any other person that the court finds to be a party in interest.
C. The intervention of a party in interest shall be for the limited purpose of presenting evidence as to the best interests of the child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. The court, as a part of the final decree, shall provide notice of the provisions of R.S. 14:46.4 to the parties.
B. The court, after hearing and after taking into consideration information from all sources concerning the intrafamily adoption, may enter a final decree of adoption, or it may deny the adoption. The basic consideration shall be the best interests of the child.
C. When a court has granted custody to either the child's grandparents or his parent married to the stepparent petitioner, there shall be a rebuttable presumption that this adoption is in the best interests of the child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2014, No. 721, §1.
A. Except as otherwise provided by Paragraph C of this Article, upon a final decree of adoption, the parents of the child whose rights have not been previously terminated by a surrender or a judgment of termination and all other blood relatives of the adopted child are relieved of all their legal duties and divested of all their legal rights with regard to the adopted child including the right of inheritance from the adopted child and his lawful descendents, and the adopted child and his lawful descendents are relieved of all legal duties and divested of all legal rights with regard to the parents and other blood relatives.
B. The right of the child to inherit from his parents and other blood relatives is unaffected by the adoption.
C. If the adoptive parent is married to a blood parent of the adopted child, the relationship of that blood parent and his blood relatives to the adopted child shall remain unaltered and unaffected by the adoption.
D. Under the circumstances and pursuant to the procedures authorized by Chapter 14 of this Title, grandparents may obtain limited visitation rights to the adopted child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
The full name of the adopted child may be changed in the final decree of intrafamily adoption and, if changed, the surname shall be the same as that of the adoptive parent.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
Repealed by Acts 2010, No. 738, §2.
A. Any party to the proceedings or any other party in interest shall have the right to appeal a judgment granting or refusing to grant an interlocutory or final decree regarding any type of adoption within thirty days after the rendition of a judgment or decree.
B. If no appeal is perfected within thirty days after a judgment is rendered, the judgment shall be final.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
All appeals from any judgment rendered in accordance with this Title shall be to the proper court of appeal on both law and fact.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
All appeals from any judgment rendered in accordance with this Title shall be suspensive in nature. There shall be no requirement for posting of bond. Otherwise, the appeal shall be governed by Chapter 9 of Title III.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
No action to annul a final decree of adoption of any type may be brought except on the grounds of fraud or duress.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. An action to annul a final decree of adoption based upon a claim of fraud or duress perpetrated by anyone other than the adoptive parent must be brought within six months from discovery of the fraud or duress and in no event later than one year from the date of the signing of the final decree or mailing of the judgment when required.
B. An action to annul a final decree of adoption based upon a claim of fraud or duress perpetrated by an adoptive parent must be brought within six months from discovery of the fraud or duress and in no event later than two years from the date of the signing of the final decree or mailing of the judgment when required.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1997, No. 796, §1, eff. July 1, 1997; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2001, No. 838, §1, eff. July 1, 2001; Acts 2003, No. 776, §1, eff. July 1, 2003.
NOTE: See Acts 2003, No. 776, §2, relative to time of actions to annul a final decree of adoption.
Notwithstanding any provision of law to the contrary, the natural parents of a deceased parent whose child is thereafter adopted and the parents of a party who has forfeited the right to object to the adoption of the child pursuant to Article 1245 may have limited visitation rights to the adopted child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2023, No. 16, §1; Acts 2024, No. 92, §1.
Any request for limited visitation rights shall be made by written motion of the grandparents and filed with the court which rendered the final decree of adoption.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
The motion for limited visitation rights shall be set for hearing contradictorily with the adoptive parents.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
The grandparents requesting limited visitation rights shall prove both of the following:
(1) That they have been unreasonably denied visitation rights.
(2) That limited visitation rights would be in the best interest of the child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2024, No. 92, §1.
A. The court, on its own motion or on motion of any party, may order an investigation to be conducted by the department or may order such psychological evaluations as deemed necessary.
B. The court shall consider all relevant factors in making its determination, including but not limited to reports of psychological evaluations.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
The court may issue any limited visitation order that is consistent with the findings of the court and the best interests of the child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
Agreements for continuing contact by certain biological relatives or foster parents with an adopted child after an adoption do not violate any public policy of this state, provided the adopting parents and biological relative or foster parent voluntarily execute the agreement in conformity with the requirements of this Chapter.
Acts 2008, No. 583, §§1, 2.
A. In an agency adoption in which the department is the custodian of the child, the court may approve an agreement executed in conformity with the requirements of this Chapter that provides for continuing contact between the child to be adopted and his grandparent, sibling, and any parent whose consent or relinquishment is required for the adoption of the person, if both of the following conditions are met:
(1) The child has an established, significant relationship with that person to the extent that its loss would cause substantial harm to the child.
(2) The preservation of the relationship would otherwise be in the best interest of the child.
B. If there is no parental relationship that meets the requirements of Paragraph A of this Article, the court may approve an agreement, executed in conformity with the requirements of this Chapter, that provides for continuing contact between the child to be adopted and any other relative or foster parent whose relationship with the child meets those requirements.
C. When adoption is approved by the court as the permanent plan for the child, the department shall inform any parent, grandparent, sibling, or any other relative or foster parent who meets the requirements of Paragraph A or B of this Article of the possibility of post-adoption contact with the child upon agreement with the adoptive parents in accordance with the provisions of this Chapter.
Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2003, No. 567, §1; Acts 2008, No. 583, §§1, 2.
A. Every post-adoption contact agreement shall be in writing and signed by the adopting parents and by any adult granted contact. If a sibling granted contact is a minor, his parent or legal custodian shall sign the agreement.
B. In an agency adoption in which the department is the custodian of the child, the department and counsel for the child shall report to the court approval or objection to the agreement and the child's wishes concerning continuing contact. The court-appointed special advocate (CASA) for the child, if any, may also submit recommendations to the court regarding a proposed agreement.
C. If requested by the parties, the court may refer them to mediation to assist them in confecting a continuing contact agreement. If necessary to ensure that the child's best interest is taken into account, the court may also appoint independent counsel for any child involved in future continuing contact.
D. A continuing contact agreement may authorize the exchange of information, communication by telephone, mail, e-mail, or other means, and direct visitation in either the adopting parents' home or elsewhere through a mutually agreed-upon intermediary.
E. Every agreement, in order to be enforceable in accordance with Article 1269.8, must recite the following declarations:
(1) The parties have freely and voluntarily entered into the agreement and it reflects their intent to be bound by its terms, unless later modified by a replacement agreement or by court order.
(2) The sibling, grandparent, parent, or other relative by blood, adoption, or affinity, or his representative, if any, has been counseled and advised by the department, by counsel, or by other appropriate professional about the meaning of these declarations and the effects of a continuing contact agreement and each has had the opportunity to have the agreement reviewed by his counsel.
(3) The sibling, grandparent, parent, or other relative by blood, adoption, or affinity, or his representative, has been informed and understands that upon the execution of the agreement, any dispute or litigation regarding its terms shall not affect the validity of any surrender, termination of parental rights, adoption, or custody of the adopted child.
(4) The adopting parents have been informed and understand that the sibling, grandparent, parent, or other relative by blood, adoption, or affinity may seek enforcement of the terms of the agreement in accordance with Article 1269.8.
NOTE: Subsection F eff. until October 1, 2027. See Acts 2025, No. 477.
F. The continuing contact agreement shall contain the requirements in substantially the following form:
STATE OF LOUISIANA
PARISH OF (NAME OF PARISH)
AGREEMENT FOR POST-ADOPTION CONTINUING CONTACT
We (NAME OF ADOPTIVE PARENT(S)) and (NAME OF ADULT PERSON PERMITTED CONTACT BY ARTICLE 1269.2) agree to post-adoption continuing contact between (NAME OF ADOPTED CHILD) and (NAME OF PERSON PERMITTED CONTACT) in accordance with the provisions of this Agreement. This Agreement reflects our commitment to an on-going, cooperative relationship focused upon meeting (NAME OF CHILD)'s needs now and in the future, fully recognizing that those needs may change as (HE/SHE) matures.
OR
We (NAME OF ADOPTIVE PARENT(S)) and (NAME OF ADULT PARENT, GUARDIAN OR LEGAL CUSTODIAN OF MINOR SIBLING) agree to post-adoption continuing contact between (NAME OF ADOPTED CHILD) and (NAME OF MINOR SIBLING) in accordance with the provisions of this Agreement. This Agreement reflects our recognition of the significance and enduring nature of sibling relationships and our commitment to supporting and preserving the on-going relationship between (NAME OF CHILD) and (MINOR SIBLING).
We have each freely and voluntarily entered into this Agreement and intend to be bound by its terms. We have been counseled and advised by the Department, our attorney, or other appropriate professional of the meaning of these declarations, the effects of a continuing contact agreement, and the opportunity to have our own respective counsel review this Agreement.
We recognize that any dispute or litigation regarding the terms of this Agreement shall not affect the validity of any surrender or termination of parental rights, adoption, or custody of (NAME OF CHILD).
We also recognize that upon approval of the court, this Agreement becomes legally binding and any party to it may seek enforcement of its terms.
We also agree that (NAME OF DEPARTMENT REPRESENTATIVE or NAME OF COUNSEL FOR ADOPTIVE PARENT) shall file this Agreement with the proper court of jurisdiction by (DATE NO LATER THAN 10 DAYS FROM EXECUTION OF THE AGREEMENT) requesting the court's approval of this Agreement in accordance with Louisiana Children's Code Article 1269.5.
We agree to the following enforceable post-adoption continuing contact:
(INSERT PROVISIONS NEGOTIATED BY PARTIES.)
This Agreement reflects our minimum expectations regarding continuing contact for the duration of the minority of (NAME OF CHILD). We understand that we can agree upon other continuing contact arrangements in the future through informal or formal means. However, we recognize that these minimum expectations must be preserved until such time as we modify them by mutual written agreement or the court modifies or terminates this Agreement in accordance with Louisiana Children's Code Article 1269.8.
We certify that we enter this Agreement in good faith and intend that it always be interpreted to serve (NAME OF CHILD)'s best interest. We agree that we will always attempt to resolve any disagreement that may arise in (HIS/HER) best interest and acknowledge that court modification or enforcement is to be used only as a last resort when all informal means of resolution have been exhausted. We acknowledge that Louisiana Children's Code Article 1269.8 authorizes the court to hear a motion to enforce, modify, or terminate this Agreement only after we have attempted in good faith to mediate the issues underlying our disagreement. Should mediation fail to resolve our differences, the court may modify or terminate this Agreement upon finding a change of circumstances and the Agreement no longer serves the best interest of (NAME OF CHILD).
This instrument reflects the entire agreement between us regarding post-adoption continuing contact. There are no promises, terms, conditions, or obligations other than those stated in this written Agreement.
We acknowledge that unless it is the legal custodian of a minor sibling named in this Agreement, the Department of Children and Family Services, office of children and family services, is not a party to this Agreement and has no responsibility for enforcement of it.
This Agreement becomes effective upon approval of the court in accordance with Louisiana Children's Code Article 1269.5.
THIS DONE, READ, AND SIGNED this day of __________,
20 , Parish of (NAME OF PARISH), State of Louisiana.
ADOPTING PARENT
OTHER ADOPTING PARENT, IF ANY
ADULT PERSON PERMITTED CONTACT
ADULT PARENT, GUARDIAN OR LEGAL CUSTODIAN OF MINOR SIBLING
WITNESS
WITNESS
NOTARY
NOTE: Subsection F as Amended by Acts 2025, No. 477, eff. October 1, 2027.
F. The continuing contact agreement shall contain the requirements in substantially the following form:
STATE OF LOUISIANA
PARISH OF (NAME OF PARISH)
AGREEMENT FOR POST-ADOPTION CONTINUING CONTACT
We (NAME OF ADOPTIVE PARENT(S)) and (NAME OF ADULT PERSON PERMITTED CONTACT BY ARTICLE 1269.2) agree to post-adoption continuing contact between (NAME OF ADOPTED CHILD) and (NAME OF PERSON PERMITTED CONTACT) in accordance with the provisions of this Agreement. This Agreement reflects our commitment to an on-going, cooperative relationship focused upon meeting (NAME OF CHILD)'s needs now and in the future, fully recognizing that those needs may change as (HE/SHE) matures.
OR
We (NAME OF ADOPTIVE PARENT(S)) and (NAME OF ADULT PARENT, GUARDIAN OR LEGAL CUSTODIAN OF MINOR SIBLING) agree to post-adoption continuing contact between (NAME OF ADOPTED CHILD) and (NAME OF MINOR SIBLING) in accordance with the provisions of this Agreement. This Agreement reflects our recognition of the significance and enduring nature of sibling relationships and our commitment to supporting and preserving the on-going relationship between (NAME OF CHILD) and (MINOR SIBLING).
We have each freely and voluntarily entered into this Agreement and intend to be bound by its terms. We have been counseled and advised by the Department, our attorney, or other appropriate professional of the meaning of these declarations, the effects of a continuing contact agreement, and the opportunity to have our own respective counsel review this Agreement.
We recognize that any dispute or litigation regarding the terms of this Agreement shall not affect the validity of any surrender or termination of parental rights, adoption, or custody of (NAME OF CHILD).
We also recognize that upon approval of the court, this Agreement becomes legally binding and any party to it may seek enforcement of its terms.
We also agree that (NAME OF DEPARTMENT REPRESENTATIVE or NAME OF COUNSEL FOR ADOPTIVE PARENT) shall file this Agreement with the proper court of jurisdiction by (DATE NO LATER THAN 10 DAYS FROM EXECUTION OF THE AGREEMENT) requesting the court's approval of this Agreement in accordance with Louisiana Children's Code Article 1269.5.
We agree to the following enforceable post-adoption continuing contact:
(INSERT PROVISIONS NEGOTIATED BY PARTIES.)
This Agreement reflects our minimum expectations regarding continuing contact for the duration of the minority of (NAME OF CHILD). We understand that we can agree upon other continuing contact arrangements in the future through informal or formal means. However, we recognize that these minimum expectations must be preserved until such time as we modify them by mutual written agreement or the court modifies or terminates this Agreement in accordance with Louisiana Children's Code Article 1269.8.
We certify that we enter this Agreement in good faith and intend that it always be interpreted to serve (NAME OF CHILD)'s best interest. We agree that we will always attempt to resolve any disagreement that may arise in (HIS/HER) best interest and acknowledge that court modification or enforcement is to be used only as a last resort when all informal means of resolution have been exhausted. We acknowledge that Louisiana Children's Code Article 1269.8 authorizes the court to hear a motion to enforce, modify, or terminate this Agreement only after we have attempted in good faith to mediate the issues underlying our disagreement. Should mediation fail to resolve our differences, the court may modify or terminate this Agreement upon finding a change of circumstances and the Agreement no longer serves the best interest of (NAME OF CHILD).
This instrument reflects the entire agreement between us regarding post-adoption continuing contact. There are no promises, terms, conditions, or obligations other than those stated in this written Agreement.
We acknowledge that unless it is the legal custodian of a minor sibling named in this Agreement, the Department of Children and Family Services, office of child welfare is not a party to this Agreement and has no responsibility for enforcement of it.
This Agreement becomes effective upon approval of the court in accordance with Louisiana Children's Code Article 1269.5.
THIS DONE, READ, AND SIGNED this day of __________,
20 , Parish of (NAME OF PARISH), State of Louisiana.
_______________________________________________________
ADOPTING PARENT
_______________________________________________________
OTHER ADOPTING PARENT, IF ANY
_______________________________________________________
ADULT PERSON PERMITTED CONTACT
_______________________________________________________
ADULT PARENT, GUARDIAN OR LEGAL CUSTODIAN OF MINOR SIBLING
____________________________________
WITNESS
____________________________________
WITNESS
____________________________________
NOTARY
Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2008, No. 583, §§1, 2; Acts 2025, No. 477, §1, eff. Oct. 1, 2027.
A. Within ten days after the petition is filed, the department, attorney for the child, attorney for the parent, or attorney for the prospective adoptive parents shall file in the court in which the adoption is pending an agreement for continuing contact.
B. The agreement may be filed later than ten days after execution only with leave of court for good cause shown.
C. If either the department or counsel for the child objects to the agreement, the court may conduct a hearing before approving the agreement.
Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2003, No. 567, §1; Acts 2008, No. 583, §2; Acts 2014, No. 354, §1.
A. The court shall review a continuing contact agreement executed in conformity with the requirements of this Chapter.
B. If the court finds that an agreement serves the best interest of the child, the agreement shall be incorporated into a judgment of the court. An agreement reached by the parties and approved by the department and counsel representing the child is presumed to serve the best interest of the child. The judgment shall provide that failure to comply with the terms of the agreement does not constitute grounds for annulling a surrender or the final decree of adoption.
C. If the court rejects the agreement, it shall make specific findings of fact in support of its conclusion that the best interest of the child would not be served by approval of the agreement. The factors to be considered shall include:
(1) The duration of the child's relationship with the parent, grandparent, sibling, or other relative by blood, adoption, or affinity seeking continuing contact.
(2) The strength of the psychological attachment between the child and the individual seeking continuing contact.
(3) The resulting harm to the child if the relationship is not preserved.
D. The court may receive expert testimony on the issue of continuing contact.
E. If the child is twelve years of age or older, the court shall solicit and consider the child's wishes in the matter.
Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2008, No. 583, §2.
A. A continuing contact agreement shall be enforceable only if filed with the court and approved in accordance with Article 1269.5.
B. Failure to comply with the terms of an agreement made pursuant to this Chapter is not grounds for nullifying a surrender or an adoption decree or revocation by a biological parent of a surrender or consent to an adoption or for any action seeking the child's custody. Failure to include this warning in the judgment as required by Article 1269.5 shall not affect the adoption.
Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2008, No. 583, §2.
The adoptive parent and any relative or foster parent who may be permitted continuing contact by Article 1269.2(B) may enter into an agreement regarding communication or contact after entry of a final decree of adoption. Any such agreement shall be enforceable only if filed with the court and approved in accordance with this Chapter.
Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2008, No. 583, §§1, 2.
A. Unless another court has jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, the court shall retain jurisdiction after the decree of adoption is entered for the purpose of hearing motions brought to enforce, modify, or terminate an agreement entered into pursuant to the provisions of this Chapter. For the convenience of the parties and the witnesses and in the interest of justice, the court, upon contradictory motion or upon its own motion after notice and hearing, may transfer the proceeding to another juvenile court in the state.
B. Before hearing such a motion, the court shall refer the parties to mediation in accordance with Title IV, Chapter 6 of this Code. Only if the court finds that the party seeking relief has participated or attempted to participate in good faith in mediating the dispute, may it proceed to a determination on the merits of the motion.
C. If the child is twelve years of age or older, the court shall solicit and consider the child's wishes in the matter.
D. The court shall order continuing compliance in accordance with the agreement and refuse to modify or terminate it unless it finds that there has been a change of circumstances and the agreement no longer serves the best interest of the child.
Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2008, No. 583, §2.
A. Adoption is based upon the legal termination of parental rights and responsibilities of biological parents and the creation of the relationship of parent and child between an adopted person and his adoptive parents. These legal and social premises underlying adoption shall be maintained.
(1) The legislature recognizes that some adults, adopted as children, have a strong interest in identifying information about their biological parents or biological siblings, or both, while other such adult adopted persons have no such interest.
(2) The legislature further recognizes that some biological parents and biological siblings have a strong interest in identifying information about their biological children or siblings who were surrendered for adoption, while others have no such interest.
(3) The legislature also recognizes the potential for special situations whereby other adoptive and biological relatives of an adopted person, such as a parent, sibling, or descendant, or his parent if a minor, of a deceased biological parent and an adoptive parent of a minor or deceased adopted person as well as a descendant of a deceased adopted person, or his parent if a minor, may have a need for identifying information.
(4) The legislature fully recognizes the right to privacy and confidentiality of biological parents whose children were adopted, siblings, adopted persons, and the adoptive family.
NOTE: Subsection B eff. until October 1, 2027. See Acts 2025, No. 477.
B. There is hereby created within the office of children and family services of the Department of Children and Family Services a voluntary registry for the matching of adopted persons, or an adoptive parent of a minor or deceased adopted person, or a descendant of a deceased adopted person, or his parent if a minor, and biological parents or siblings, or both, or a parent, sibling, or descendant, or his parent if a minor, of a deceased biological parent. The purpose of this registry shall be to facilitate voluntary contact between the adopted person, or an adoptive parent of a minor or deceased adopted person, or the descendant of a deceased adopted person, or his parent if a minor, and a biological parent or biological sibling, or both, or a parent, sibling, or descendant, or his parent if a minor, of a deceased biological parent.
NOTE: Subsection B as amended by Acts 2025, No. 477, eff. October 1, 2027.
B. There is hereby created within the office of child welfare, Department of Children and Family Services a voluntary registry for the matching of adopted persons, or an adoptive parent of a minor or deceased adopted person, or a descendant of a deceased adopted person, or his parent if a minor, and biological parents or siblings, or both, or a parent, sibling, or descendant, or his parent if a minor, of a deceased biological parent. The purpose of this registry shall be to facilitate voluntary contact between the adopted person, or an adoptive parent of a minor or deceased adopted person, or the descendant of a deceased adopted person, or his parent if a minor, and a biological parent or biological sibling, or both, or a parent, sibling, or descendant, or his parent if a minor, of a deceased biological parent.
C. The use of the registry shall be limited to the adopted person who is at least eighteen years of age, the biological mother, the biological father, parents or siblings or a descendant, or his parent if a minor, of a deceased biological parent, an adoptive parent of a minor or deceased adopted person or a descendant of a deceased adopted person, or his parent if a minor, and any biological sibling who is at least eighteen years of age.
D. No registration by an adopted person shall be permitted until all biological siblings who were adopted by the same adoptive parent or parents have reached the age of eighteen years.
NOTE: Subsections E and F eff. until October 1, 2027. See Acts 2025, No. 477.
E. The office of children and family services shall not release any registry information in violation of this Chapter.
F. The office of children and family services shall confirm for an adopted person the fact of his adoption and identify the court in which the adoption was finalized and the agency, firm, or lawyer facilitating the adoption when that information is known. To receive this information, the adopted person shall be eighteen years of age or older, provide proof of identity, and submit a written request.
NOTE: Subsections E and F as amended by Acts 2025, No. 477, eff. October 1, 2027.
E. The office of child welfare shall not release any registry information in violation of this Chapter.
F. The office of child welfare shall confirm for an adopted person the fact of his adoption and identify the court in which the adoption was finalized and the agency, firm, or lawyer facilitating the adoption when that information is known. To receive this information, the adopted person shall be eighteen years of age or older, provide proof of identity, and submit a written request.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 715, §1; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2008, No. 583, §1; Acts 2010, No. 266, §1; Acts 2025, No. 477, §1, eff. Oct. 1, 2027.
NOTE: Subsection A eff until October 1, 2027. See Acts 2025, No. 477.
A. Registration shall be by affidavit filed with the office of children and family services. That office shall develop and furnish standardized affidavit forms appropriate for effecting the purpose of this Chapter.
NOTE: Subsection A as amended by Acts 2025, No. 477, eff. October 1, 2027.
A. Registration shall be by affidavit filed with the office of child welfare. That office shall develop and furnish standardized affidavit forms appropriate for effecting the purpose of this Chapter.
B. Registration shall be effective upon filing and shall remain effective until withdrawn by the affiant's written request.
C. The department may establish registration and renewal fees not to exceed twenty-five dollars.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 715, §1; Acts 2010, No. 266, §1; Acts 2025, No. 477, §1, eff. Oct. 1, 2027.
A. The office of community services shall regularly monitor registrant affidavits, utilizing computer services if necessary, to determine whether affidavits have been filed by a registrant as enumerated in Article 1270.
B. If there appears to be a match between current registrants, the office of community services shall notify the registrants of the match and of the counseling requirements of Paragraph D of this Article. Upon verification that each registered person has met the requirements the office of community services shall provide the details of the match to the licensed clinical social worker, social worker acting in the employ of a licensed adoption agency, licensed professional counselor, licensed psychologist, licensed psychiatrist, or licensed marriage and family therapist that provided counseling for the registrant, who shall then contact the registered and matched parties in a careful and confidential manner and give them the information necessary to contact each other.
C. If doubt exists that any registrants are biologically related, the office of community services shall advise them to file a motion with the court having jurisdiction and request permission to open the sealed adoption record for verification. Such verification shall be a compelling reason, within the meaning of Article 1189, to open the adoption records for the limited purpose of verification.
D. Each registrant shall participate in not less than one hour of counseling with a licensed clinical social worker, a social worker acting in the employ of a licensed adoption agency, a licensed professional counselor, a licensed psychologist, medical psychologist, a licensed psychiatrist, or a licensed marriage and family therapist before they will be put in contact with one another.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1997, No. 715, §1; Acts 1999, No. 1309, §9, eff. Jan. 1, 2000; Acts 2001, No. 486, §5, eff. June 21, 2001; Acts 2008, No. 583, §1; Acts 2009, No. 251, §13; Acts 2010, No. 266, §1.
Documents filed with the office of children and family services, pursuant to this Chapter, shall be confidential and shall not be available for inspection, except under the procedures set forth in this Chapter.
NOTE: Art. 1273 as amended by Acts 2025, No. 477, eff. October 1, 2027.
Art. 1273. Confidentiality
Documents filed with the office of child welfare, pursuant to this Chapter, shall be confidential and shall not be available for inspection, except under the procedures set forth in this Chapter.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2010, No. 266, §1; Acts 2025, No. 477, §1, eff. Oct. 1, 2027.
Any employee or former employee of the Department of Children and Family Services, or a licensed adoption agency, or any employee or appointee or former employee or appointee of a court who discloses identifying information other than pursuant to judicial order or through the registry, as provided in this Chapter, shall be guilty of a misdemeanor and shall be fined not less than five hundred dollars and not more than five thousand dollars, or imprisoned for not more than six months, or both.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
A. Notwithstanding any provision of law to the contrary, the information acquired by the voluntary registry of Louisiana shall not be disclosed under any sunshine or freedom of information legislation, rules, or practice.
B. Notwithstanding any provision of law to the contrary, no person, group of persons, or entity, including an agency, may file a class action to force the voluntary registry to disclose identifying information.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
When one or both of the biological parents are deceased, or when the adopted person is deceased and this fact is known by the voluntary registry or by the licensed adoption agency, firm, or lawyer which originally placed the adopted person for adoption, this information shall be disclosed to any person permitted to register pursuant to Article 1270 and who has registered with the office of community services under the provisions of this Chapter, and the registered persons shall then be afforded the option of deciding whether they still desire to avail themselves of the contact opportunity provided through the voluntary registry.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2008, No. 583, §1; Acts 2010, No. 266, §1.
Nothing contained in this Chapter shall limit a person's right to proceed under Chapter 5 of this Title to obtain confidential adoption information.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
The department shall adopt such reasonable rules and regulations as are necessary to implement the provisions of this Chapter.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
This Chapter shall be known and may be cited as the "Louisiana Has Faith in Families Act".
Acts 2013, No. 66, §1, eff. May 31, 2013.
The legislature finds:
It is in the best interest of a foster child who is adoption-eligible to be placed in a permanent adoptive family as soon as practicable.
The state has an interest in decreasing the delays in finalizing adoptions in order to facilitate permanent adoption and family cohesion.
Acts 2013, No. 66, §1, eff. May 31, 2013.
Notwithstanding any provision of the law to the contrary, in order to facilitate the recruitment of new families for children, the incentives provided in this Chapter shall be made available for those children who have been adopted from the custody of the state and meet eligibility requirements.
Acts 2013, No. 66, §1, eff. May 31, 2013.
A. The department shall make every effort to declare every child in the department's custody eligible for certain adoption assistance or subsidy in accordance with the provisions set forth in this Chapter.
B. Subsidized adoption. (1) The department is authorized to develop and implement a program for subsidizing the adoption of children with special needs.
(2) The department may make payments to the adoptive parents of a child or, in the case of the subsequent death of the adoptive parents prior to the child's reaching the age of majority, to the duly designated tutor or guardian of such child, on behalf of a child placed for adoption in accordance with Title XII of the Children's Code, if all of the following conditions are met:
(a) The child, because of physical or mental condition, ethnic background, age, membership in a sibling group, or other serious impediments or special needs, is considered a child that is difficult to place for adoption, and the department has made reasonable attempts to place said child for adoption to no avail.
(b) The adoptive family, tutor, or guardian is capable of providing the permanent family relationship needed by the child in all respects other than financial, and the needs of the child are beyond the economic ability and resources of the family, tutor, or guardian.
C. Costs and expenses covered. (1) Payments in subsidy of an adoption may include but are not limited to the maintenance costs, medical and surgical expenses, and other costs that are incidental to the care, training, and education of the child, including special medical costs for any child in connection with any physical or mental condition that existed prior to the date of the initial judgment of adoption.
(2) The amount of payments may vary, depending upon the needs of the child and the adoptive parents, tutor, or guardian, but in any event shall not exceed one hundred percent of the cost of providing foster care for the child. Payments for medical, surgical, psychiatric, and other special costs and services may not exceed the amount the department would pay if it were to provide or secure them as guardian of the child.
(3) Payments to the parents, tutor, or guardian shall be terminated when the adopted child becomes eighteen years of age.
D. Eligibility. (1) Eligibility for payments in subsidy of adoption shall be determined and approved by the department, in accordance with rules and regulations adopted as provided by Paragraph E of this Article, prior to the completion of the adoption proceeding. Such eligibility shall thereafter be redetermined at least annually, except that in those cases where the child is eligible for funding pursuant to Title IV, Part E of the Social Security Act, the redetermination shall be made at least every five years thereafter.
(2)(a) Adoptive parents who are residents of the state of Louisiana, and who are eligible to adopt a child residing in Louisiana and to receive subsidy payments for such adoption, or the designated tutor or guardian, shall remain eligible to receive such payments, regardless of whether or not such adoptive parents, tutor, or guardian subsequently become residents of another state, except in cases where the other state meets all of the following criteria:
(i) Has a subsidized adoption program that is available to such former Louisiana residents, parents, tutors, or guardians for the particular Louisiana child to be adopted.
(ii) Is a party to the Interstate Compact on Adoption and Medical Assistance in accordance with the provisions of Children's Code Articles 1601 et seq.
(b) Adoptive parents who are residents of other states, and who are eligible to adopt a child residing in Louisiana, or the designated tutor or guardian residing in another state, shall be eligible for a subsidy under the same conditions as Louisiana residents, except in cases where the other state meets all of the following criteria:
(i) Has a subsidized adoption program that is available to such Louisiana nonresident parents, tutors, or guardians for the particular Louisiana child to be adopted.
(ii) Is a party to the Interstate Compact on Adoption and Medical Assistance in accordance with the provisions of Children's Code Articles 1601 et seq.
(3) The subsidized payments, as provided herein, shall include cases involving children in the custody of the department and children determined to be entitled to benefits pursuant to federal laws, rules, or regulations.
E. Rules and regulations. The department, in accordance with the Administrative Procedure Act, shall adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement the provisions of this Chapter.
F. Contractual obligation of the state. (1) Any agreement by the department to subsidize the adoption of a child eligible for such subsidy, which results in a final decree of adoption of the child by adoptive parents or the designated tutor or guardian of the child who is relying on the availability of the subsidy at the time of the final decree of adoption, shall constitute a contractual obligation on the part of the state in favor of the adoptive parents, tutor, or guardian to the extent that such parents, tutor, or guardian remain eligible for the subsidy under the laws and regulations prevailing on the date of the final decree of adoption. Such obligation shall cease when the adopted child reaches the age of majority.
(2) Changes in the child's condition or changes in the income of the adoptive parents, where the condition or income formed the basis for the subsidy, shall be cause for modifying the subsidy agreement in accordance with the laws and regulations prevailing at the time of the final decree of adoption.
G. Payment expenses. The adoptive parents may be awarded a one-time payment to cover non-recurring expenses of the adoption, such as attorney fees and court costs, directly related to the legal adoption of a child with special needs, in an amount to be approved by the department.
Acts 2013, No. 66, §1, eff. May 31, 2013.
A. Notwithstanding any provision of law to the contrary, any child in the custody of the department who is eligible for adoption and is placed in an approved adoptive home shall be eligible for dependent coverage under the prospective adoptive parents' health insurance policy pursuant to R.S. 22:1004. Any additional costs for the child to be added to the adoptive parents' health insurance policy shall not be paid for by the department, but the adoptive parents may qualify for premium assistance pursuant to Paragraph C of this Article.
B. Any child who is in the custody of the department or has been adopted from the custody of the department shall be qualified for Medicaid if the child meets the guidelines set forth pursuant to Part II of Chapter 8 of Title 46 of the Louisiana Revised Statues of 1950.
C. Any child in the custody of the department who is Medicaid eligible, is eligible for adoption, and has been placed in an approved prospective adoptive home or adopted from the custody of the department shall be considered for premium assistance for employer sponsored insurance pursuant to LAC 50:III.2311.
Acts 2013, No. 66, §1, eff. May 31, 2013.
A.(1) A child who is in foster care pursuant to placement through the department shall be allowed to remain enrolled in the public school in which the child was enrolled at the time he entered foster care for the duration of the child's stay in the custody of the state or until he completes the highest grade offered at the school, if the department determines that remaining in such school is in the best interest of the child. Transportation of the child shall be provided pursuant to R.S. 17:238(C).
(2) A child in the custody of the department shall be eligible to attend a school in the school district or parish of the foster care placement.
(3) A child in the custody of the department shall be given preference in enrollment in the same manner as children receiving preference in R.S. 17:3991(C)(1)(c)(iii) for enrollment to attend a charter school that has been established pursuant to R.S. 17:3983.
B. When a child is in the custody of the department and is placed with foster parents who have other children living in the home who already attend a nonpublic or parochial school, the foster child may attend the same nonpublic or parochial school if the department finds it is in the best interest of the child, and if the child meets the admission requirements of the nonpublic or parochial school. The department shall not be directly responsible for paying for the expenses associated with such education.
C. When a child is in the custody of the department and is placed with foster parents who have other children in the home who are participants in an approved home study program, pursuant to R.S. 17:236.1, the department may approve the placement of the foster child in an approved home study program if the department finds it is in the best interest of the child. Home study programs approved by the Department of Education to educate foster children shall offer a sustained curriculum of quality at least equal to that offered by public schools at the same grade level, pursuant to R.S. 17:236.1(C)(1). Notwithstanding any other provision of law to the contrary, the Department of Education shall provide the department, upon request, verification that a home study program in which a foster child is participating has been approved pursuant to R.S. 17:236. The foster parent shall provide the department appropriate documentation, including but not limited to copies of standardized tests, to substantiate that the child is progressing on grade level and at a rate equal to one grade level for each year in the program.
Acts 2013, No. 66, §1, eff. May 31, 2013.
In order to shorten the waiting time for finalizing the adoption when the child is eligible for adoption, the following shall apply:
(1) Where the child has been placed in foster care with the prospective adoptive parents, any necessary waiting period as required by Article 1211 shall be applied retroactively.
(2) When the child is in the custody of the department, any additional home study required by Article 1207 may be waived by the court if the adoptive parents have been the foster parents of the child for the required six-month time period.
(3)(a) Whenever a child has been placed in the custody of the department and the child is eligible for adoption, the prospective adoptive parents may file an adoption proceeding in the court that terminated the parental rights, pursuant to Article 1180, and the case shall be allotted to the judge who presided over the termination proceedings.
(b) The court may order the approval of the adoptive placement ex parte without the need for a hearing required pursuant to Article 1177, where the prospective adoptive parents were previously approved by the department as foster parents for the child.
Acts 2013, No. 66, §1, eff. May 31, 2013.
The purpose of this Title is to provide procedures for the adoption of foreign-born orphans by domiciliaries of Louisiana.
Acts 1999, No. 1268, §1.
Except as otherwise specified in this Title, all provisions of the Children's Code remain applicable.
Acts 1999, No. 1268, §1.
As used in this Title:
(1) "Agency" or "child placing agency" includes the Department of Children and Family Services, the corresponding department of any other state, and those private agencies and institutions licensed for the placement of children for adoption by the Department of Children and Family Services or by the corresponding department of any other state. Any person offering or providing intercountry adoption services shall be accredited by the Department of State in accordance with the Intercountry Adoption Universal Accreditation Act of 2012.
(2) "Birth certificate" means official documentation of the child's record of birth acceptable to the United States Citizenship and Immigration Services and, if the document is not in English, a certified translation of the document.
(3) "Convention adoptee" or "Hague Convention adoptee" means a child living in a Hague Convention country who is under the age of sixteen at the time a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, is filed on his behalf and who is found by the Department of State and United States Citizenship and Immigration Services to meet the definition of "Convention Adoptee" under Section 101(b)(1)(G) of the Immigration and Nationality Act (8 USC 1101(b)(1)(G)).
(4) "Department" means the Louisiana Department of Children and Family Services.
(5) "Foreign orphan" means a child living in a Non-Hague Convention country (a) who is under the age of sixteen at the time a Form I-600, Petition to Classify Orphan as an Immediate Relative, is filed on his behalf and who is found by the Department of State or United States Citizenship and Immigration Services to meet the definition of "orphan" under Section 101(b)(1)(F) of the Immigration and Nationality Act (8 USC 1101(b)(1)(F)); or (b) who is under the age of eighteen and is a biological sibling of a child previously adopted by the same applicant(s) who is petitioning on his behalf.
(6) "Hague Convention adoption" or "Hague adoption" or "Convention adoption" means the adoption of a child habitually residing in any country outside the United States that is a party to the Hague Adoption Convention. "Orphan adoption" or "Non-Hague adoption" refers to the adoption of a child from a country that is not a party to the Hague Adoption Convention.
Acts 1999, No. 1268, §1; Acts 2004, No. 26, §3; Acts 2013, No. 86, §1.
A. This Title sets forth the exclusive procedures for intercountry adoption of foreign orphans in Louisiana. There are two types of intercountry adoptions of foreign orphans in Louisiana:
(1) Adoption or recognition of a foreign decree of adoption of a foreign orphan from a country outside the United States that is not a party to the Hague Adoption Convention.
(2) Adoption or recognition of a foreign decree of adoption of a convention adoptee from a country outside the United States that is a party to the Hague Adoption Convention.
B. The procedures governing each type of adoption are set forth in the following Articles.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
No child who is the subject of an intercountry adoption shall be placed in the home of the prospective adoptive parents prior to their obtaining a certification for adoption that meets the requirements of Articles 1171 through 1173 and prior to approval from the United States Citizenship and Immigration Services.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
A. A proceeding for an intercountry adoption may be commenced in either:
(1) The juvenile court in the parish of the domicile of the petitioner.
(2) The juvenile court in the parish of the domicile of the custodian of the child.
B. An attorney at law named as representative of the prospective adoptive parent shall not be deemed the legal custodian of the child for purposes of proper jurisdiction or venue.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
A. The parental rights of the parents of any child who has qualified as a foreign orphan or a convention adoptee are deemed to be terminated and no further consent to adoption or relinquishment of parental rights shall be required.
B. Consent to the adoption shall be required of any custodial or supervisory agency which has placed the foreign orphan for adoption, except that the court may grant the adoption without the consent of an agency if the court finds that the adoption is in the best interest of the child and that the agency has unreasonably withheld its consent.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
A. Prior to the initiation of any adoption under the provisions of this Title, the attorney for the petitioners shall obtain a certified copy of the child's birth certificate, and, if the certificate is not in English, a certified translation of the certificate, which shall be attached to the petition for adoption.
B. If a certified copy of the birth certificate and certified translation are not available, the court may make findings on the date, place of birth, and parentage of the adopted person in accordance with the provisions of R.S. 40:79(C)(2).
Acts 1999, No. 1268, §1.
A United States citizen and his spouse who is a United States citizen or has lawful immigration status may petition jointly, or an unmarried United States citizen at least twenty-five years of age, may petition for intercountry adoption. At least one petitioner shall be a domiciliary of Louisiana. When one joint petitioner dies after the petition has been filed, the adoption proceedings may continue as though the survivor was a single original petitioner.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
A. The petition for recognition of foreign adoption shall be styled: "In re __________, Applying for Recognition of Foreign Adoption from a Non-Hague Convention Country." The petition or an attached exhibit shall state:
(1) The full name, address, age, occupation, and marital status of each petitioner, at least one of whom is a domiciliary of the state of Louisiana.
(2) The name by which the child is known to petitioners.
(3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.
(4) The date and circumstances under which the child was adopted in a foreign country and entered the home of the petitioner.
(5) Any relationship existing between the petitioner and the child.
B. The petition shall be accompanied by a certification for adoption, a certified copy of the documentation of orphan status, documentary proof of citizenship status, a copy of the child's immigrant visa or resident alien card, the original or a certified copy of a valid foreign adoption decree, together with a notarized translation, and the original or certified copy of a valid birth certificate, together with a notarized translation, and an affidavit of fees and expenses.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
The court shall issue a judgment recognizing the foreign adoption and rendering a final decree of adoption upon finding that:
(1) At least one of the adopting parents is a domiciliary of the state of Louisiana.
(2) The original or a certified copy of the foreign adoption decree, together with a notarized transcript, has been filed and is presumed to have been granted in accordance with the law of the foreign country.
(3) The child has qualified as a foreign orphan and is in the United States in accordance with applicable federal regulations.
(4) The child is either a permanent resident or a naturalized citizen of the United States.
(5) The petitioners have the ability to care for, maintain, and educate the child.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
A. The court, as a part of the final decree, shall provide notice of the provisions of R.S. 14:46.4 to the parties.
B. The court, after taking into consideration all documents filed concerning the adoption, may enter a final decree of adoption, or it may deny recognition of the adoption. The basic consideration shall be the best interest of the child.
Acts 1999, No. 1268, §1; Acts 2014, No. 721, §1.
The final decree of adoption shall have the same force and effect as any final decree of adoption rendered by a court of this state.
Acts 1999, No. 1268, §1.
The full name of the adopted child may be changed in the final decree of adoption and, if changed, the surname shall be the same as that of the adoptive parent. In accordance with R.S. 40:79, the clerk of court shall forward, on a form supplied by the Department of Children and Family Services, his certificate of the decree to the state registrar, who shall make a new certificate of live birth of the person adopted, in the new name if the name has been changed in the decree.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
A. The petition for adoption of a foreign orphan shall be styled: "In re __________, Applying for Adoption of Foreign Orphan from a Non-Hague Convention Country." The petition or an attached exhibit shall state:
(1) The full name, address, age, occupation, and marital status of each petitioner.
(2) The name by which the child is known to petitioners as well as the name under which the birth of the child is recorded.
(3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.
(4) The date and circumstances under which the child entered the home of the petitioner.
(5) Any relationship existing between the petitioner and the child.
B. The petition shall be accompanied by a certification for adoption, a certified copy of the United States Citizenship and Immigration Services documentation of orphan status, a copy of the child's immigrant visa or permanent resident card, the original or a certified copy of a valid foreign custody decree, together with a notarized translation, and the original or certified copy of a valid birth certificate, together with a notarized translation, and an affidavit of fees and expenses.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
A. The petitioner shall file with the petition a preliminary estimate and accounting of fees and charges in accordance with Article 1283.3. The petitioner also shall file a final Adoption Disclosure Affidavit with the court not later than ten days prior to the date scheduled for the final hearing on the adoption.
B. Payments made by or on behalf of the adoptive parents or their representative to the department or to a child-placing agency or its agent or any broker for reimbursement of the following expenses are permissible and not a violation of R.S. 14:286:
(1) Reasonable medical expenses, including hospital, testing, nursing, pharmaceutical, travel, or other similar expenses incurred by the biological mother for prenatal care and those medical and hospital expenses incurred by the biological mother and child incident to birth.
(2) Reasonable medical expenses, including hospital, testing, nursing, pharmaceutical, travel, or other similar expenses and foster care expenses incurred on behalf of the child prior to the decree of adoption.
(3) Reasonable expenses incurred by the department or the agency for adjustment counseling and training services provided to the adoptive parents and for home studies or investigations.
(4) Reasonable administrative expenses incurred by the department or the agency, including overhead, court costs, travel costs, donations required by an orphanage, notarial and interpreter fees, emigration permit costs, and attorney fees.
(5) Any other specific service or fee the court finds is reasonable and necessary.
C. The payment of expenses permitted by Paragraph B may not be made contingent on the placement of a child for adoption, relinquishment of the child, or consent to the adoption.
D. Adoptive parents shall pay to the department any of the expenses listed in Paragraph A of this Article which may be imposed by the department. Such payments shall be imposed solely at the discretion of the department. The department shall not include payment of the expenses listed in Paragraph A of this Article as a requirement for adoption.
E. If a court determines from an accounting that an amount that is going to be or has been disbursed for expenses permitted by Paragraph B is unreasonable, it shall order a reduction in the amount disbursed, or to be disbursed, and order the person who received the disbursement to refund that portion.
F. If a court determines from an accounting that an amount is going to be or has been disbursed for expenses not permitted by Paragraph B, it may:
(1) Issue an injunction prohibiting the disbursement or order the person who received the disbursement to refund it.
(2) Inform the district attorney for the consideration of criminal charges pursuant to R.S. 14:286.
(3) If in the best interest of the child, the court may also refuse to approve the adoption.
G. The court shall not issue a final decree of adoption until it has reviewed and approved the final accounting.
NOTE: Subsection H eff. until October 1, 2027. See Acts 2025, No. 477.
H. A copy of the Adoption Disclosure Affidavit and all orders of the court pursuant to this Article shall be mailed to the office of children and family services, Department of Children and Family Services.
NOTE: Subsection H as amended by Acts 2025, No. 477, eff. October 1, 2027.
H. A copy of the Adoption Disclosure Affidavit and all orders of the court pursuant to this Article shall be mailed to the office of child welfare, Department of Children and Family Services.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1; Acts 2025, No. 477, §1, eff. Oct. 1, 2027.
A. Each petition for an adoption shall be accompanied by an affidavit executed by the petitioner and petitioner's attorney containing an accounting of fees and charges paid or agreed to be paid by or on behalf of the petitioner in connection with the adoption.
B. The affidavit shall not include any identifying information as to the biological parents, their families, or the child's birth name.
C. The form for the affidavit shall be as follows:
"ADOPTION DISCLOSURE AFFIDAVIT
BEFORE ME, the undersigned authority, personally came and appeared __________ (petitioner) and __________ (attorney for petitioner), who, being first duly sworn, did depose and state:
In the matter of the adoption by __________ (petitioner's name):
(1) We report the following fees and charges, or other things of value given in connection with this adoption paid to any agency or individual:
Actual
Estimated due:
Due or paid to:
$
$
A.
Agency administrative expenses:
Attorney fees
Court costs
Travel costs
Overhead
Other (Specify)
B. Agency Mental Health Counseling expenses:
Counseling for adopting parents
Home study evaluations
Counseling for the child
Other (Specify)
C. Medical expenses for biological mother:
Medical
Travel
Other (Specify)
D. Medical/foster care expenses for child:
Medical
Travel
Other (Specify)
E. Other expenses (Specify):
(2) We certify that to the best of our knowledge no other fees, charges, or things of value other than court costs have been given or shall be given by anyone in connection with this adoption.
(3) We declare that this disclosure statement has been examined by each of us and that its contents are true to the best of our information, knowledge, and belief.
(4) We understand that each of us has a continuing obligation to supplement and amend this affidavit as necessary.
(5) We understand that this information will be transmitted to the office of adoption services, Louisiana Department of Children and Family Services. We further understand that it may be released by written authorization of the court for purposes of a grand jury investigation pursuant to R.S. 14:286 or for an ethical investigation by the Committee on Professional Responsibility of the Louisiana State Bar Association.
Signature of Petitioner
Signature of Attorney
Address
Address
SWORN TO AND SUBSCRIBED BEFORE ME ON THIS _____ DAY OF ______, ___.
(NOTARY PUBLIC)"
D. Confidentiality of information contained in the adoption disclosure affidavit shall be maintained as provided in Chapter 5 of Title XII of this Code, and shall be released only in accordance with this Article or on written authorization of the court for the purposes of a grand jury investigation of a violation of R.S. 14:286 or an ethical investigation by the Committee on Professional Responsibility of the Louisiana State Bar Association.
Acts 1999, No. 1268, §1.
A copy of the petition for adoption of a foreign orphan together with all exhibits shall be served by registered or certified mail, return receipt requested, postage prepaid and properly addressed to the department and on any agency having legal custody of the child.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
A. The department shall investigate the proposed adoption of the foreign orphan and submit a confidential report of its findings to the court. The findings shall include:
(1) The conditions with respect to the availability of the child for adoption.
(2) The physical and mental condition of the child.
(3) Other factors regarding the suitability of the child for adoption in petitioner's home.
(4) The moral and financial fitness of the petitioner.
(5) The conditions of the proposed adoptive home with respect to health, adjustment, and other advantages or disadvantages to the child.
B. The department may delegate the performance of this investigation to a licensed private adoption agency, but the department remains responsible for ensuring the accuracy and thoroughness of the resulting report and for the safety and welfare of the child. The department shall adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement this authorization in accordance with the Administrative Procedure Act.
Acts 1999, No. 1268, §1.
A. The court shall sign the order setting the time and place for the hearing of the petition for adoption of the foreign orphan not less than thirty nor more than sixty days after the filing of the adoption petition. The court may extend this time for good cause, which may include a showing by the department that it has been impossible to gather the necessary data within the time prescribed. The court may reduce the time to a minimum of fifteen days with written approval of the department and the petitioner.
B. At this hearing, the court shall consider:
(1) Any motion to intervene which has been filed.
(2) Any other issues in dispute.
(3) The confidential report of the department.
(4) The report of any criminal records or validated complaints of child abuse or neglect concerning the petitioner.
(5) The testimony of the parties.
C. If the child to be adopted is twelve years of age or older, the court shall solicit and consider his wishes in the matter.
Acts 1999, No. 1268, §1.
A. Intervention in agency adoption proceedings shall not be allowed except on motion to the court and a showing of good cause.
B. Such intervention shall be limited to persons having a substantial caretaking relationship with the child for one year or longer, or any other person that the court finds to be a party in interest.
C. The intervention of a party in interest shall be for the limited purpose of presenting evidence as to the best interest of the child.
Acts 1999, No. 1268, §1.
Upon due consideration of the factors enumerated in Article 1283.6(B), the court may grant or refuse to grant an interlocutory decree during or after the hearing. The basic consideration for this decree shall be the best interest of the child.
Acts 1999, No. 1268, §1.
Upon due consideration of the factors enumerated in Article 1283.6(B), the court may render a final decree of adoption at the first hearing, without the necessity of first entering an interlocutory decree, if the child was placed in the petitioner's home by a licensed agency and the child has lived in that home for at least six months prior to the hearing for adoption.
Acts 1999, No. 1268, §1.
A. After an interlocutory decree has been entered, the department shall maintain contact with the proposed adoptive home directly or through another agency in accordance with Paragraph B. The number of visits to the home and the time for them shall be within the discretion of the department. However, no less than two visits shall be made to the home, one of which shall occur within thirty days before the final decree of adoption.
B. The department may delegate the performance of this investigation to a licensed private adoption agency, but the department remains responsible for ensuring the accuracy and thoroughness of the resulting report and for the safety and welfare of the child. The department shall adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement this authorization in accordance with the Administrative Procedure Act.
C. A second confidential report must be presented to the court preceding the hearing on the final decree of adoption. The findings of this report shall be based upon the same findings as prescribed in Article 1283.5 and shall disclose any changed conditions and all new pertinent information.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
If no petition for a final decree is filed within two years after the granting of an interlocutory decree, the latter shall become null and void unless good cause is shown why an extension should be granted.
Acts 1999, No. 1268, §1.
A. At any time before the entry of the final decree of adoption, the court for good cause may revoke its interlocutory decree either on its own motion, on the motion of the department, or on the motion of the petitioner or any person interested in the child.
B. All parties upon whom service was originally made shall be notified at least ten days prior to the signing of the order of revocation and shall be given an opportunity to be heard upon their written request.
Acts 1999, No. 1268, §1.
A. The child shall have lived with the petitioner for at least one year and at least six months shall have elapsed after the granting of an interlocutory decree before the petitioner may file a petition for final decree of adoption.
B. The court shall set a time and place for the hearing of the petition for final decree. The petition for final decree need not be served upon anyone except the department.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
A. The court, as a part of the final decree, shall provide notice of the provisions of R.S. 14:46.4 to the parties.
B. The court, after hearing and after taking into consideration information from all sources concerning the adoption, may enter a final decree of adoption, or it may deny the adoption. The basic consideration shall be the best interest of the child.
Acts 1999, No. 1268, §1; Acts 2014, No. 721, §1.
The final decree of adoption shall have the same force and effect as any final decree of adoption rendered by a court of this state and automatically entitles the child to United States citizenship under the Intercountry Adoption Act.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
The full name of the adopted child may be changed in the final decree of foreign orphan adoption and, if changed, the surname shall be the same as that of the adoptive parent. In accordance with R.S. 40:79, the clerk of court shall forward, on a form supplied by the Department of Children and Family Services, his certificate of the decree to the state registrar, who shall make a new certificate of live birth of the person adopted in the new name if the name has been changed in the decree.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
Upon refusal to grant an interlocutory or final decree to the petitioners for the reason that the intercountry adoption is not in the best interest of the child, the court may remove the child from the petitioner and reinstate the legal custodian or appoint a custodian.
Acts 1999, No. 1268, §1.
A. The petition for recognition of foreign adoption shall be styled: "In re __________, Applying for Recognition of Foreign Adoption from a Hague Convention Country." The petition or an attached exhibit shall state:
(1) The full name, address, age, occupation, and marital status of each petitioner, at least one of whom is a domiciliary of the state of Louisiana.
(2) The name by which the child is known to petitioners.
(3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.
(4) The date and circumstances under which the child was adopted in a foreign country and entered the home of the petitioner.
(5) Any relationship existing between the petitioner and the child.
B. The petition shall be accompanied by a Hague Adoption Certificate issued by a United States consular officer pursuant to 22 CFR 42.24(j) and a copy of the child's IH-3 visa. Documents related to a convention adoption shall require no authentication in order to be admissible unless a specific and supported claim is made that the documents are false, have been altered, or are otherwise unreliable.
Acts 2013, No. 86, §1.
The court shall issue a judgment recognizing the foreign adoption and rendering a final decree of adoption upon finding that:
(1) At least one of the adoptive parents is a domiciliary of the state of Louisiana.
(2) The original or a certified copy of the foreign adoption decree, together with a notarized transcript, has been filed and is presumed to have been granted in accordance with the law of the foreign country.
(3) The foreign adoption has been completed in accordance with the Hague Convention and the Intercountry Adoption Act.
(4) The child is either a permanent resident or a naturalized citizen of the United States.
(5) The petitioners have the ability to care for, maintain, and educate the child.
Acts 2013, No. 86, §1.
A. The court, as a part of the final decree, shall provide notice of the provisions of R.S. 14:46.4 to the parties.
B. The court, after taking into consideration all documents filed concerning the adoption, may enter a final decree of adoption, or it may deny recognition of the adoption. Recognition may be refused only if the adoption is manifestly contrary to public policy, taking into account the best interests of the child.
Acts 2013, No. 86, §1; Acts 2014, No. 721, §1.
The final decree of adoption shall have the same force and effect as any final decree of adoption rendered by a court of this state.
Acts 2013, No. 86, §1.
The full name of the adopted child may be changed in the final decree of recognition of foreign adoption and, if changed, the surname shall be the same as that of the adoptive parent. In accordance with R.S. 40:79, the clerk of court shall forward, on a form supplied by the Department of Children and Family Services, his certificate of the decree to the state registrar, who shall make a new certificate of live birth of the person adopted, in the new name if the name has been changed in the decree.
Acts 2013, No. 86, §1.
A. The petition for adoption of a Hague Convention adoptee shall be styled: "In re __________, Applying for Adoption of Hague Convention Adoptee." The petition or an attached exhibit shall state:
(1) The full name, address, age, occupation, and marital status of each petitioner.
(2) The name by which the child is known to petitioners as well as the name under which the birth of the child is recorded.
(3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.
(4) The date and circumstances under which the child entered the home of the petitioner.
(5) Any relationship existing between the petitioner and the child.
B. The petition shall be accompanied by a Hague Custody Declaration issued by a United States consular officer and a copy of the child's IH-4 visa or a certificate from the United States Secretary of State that the legal custody of the child was granted in compliance with federal law. Documents related to a convention adoption shall require no authentication in order to be admissible unless a specific and supported claim is made that the documents are false, have been altered or are otherwise unreliable.
Acts 2013, No. 86, §1.
A. The petitioner shall file with the petition a preliminary estimate and accounting of fees and charges in accordance with Article 1285.3. The petitioner also shall file a final Adoption Disclosure Affidavit with the court not later than ten days prior to the date scheduled for the final hearing on the adoption.
B. Payments made by or on behalf of the adoptive parents or their representative to the department or to a child-placing agency or its agent or any broker for reimbursement of the following expenses are permissible and not a violation of R.S. 14:286:
(1) Reasonable medical expenses, including hospital, testing, nursing, pharmaceutical, travel, or other similar expenses incurred by the biological mother for prenatal care and those medical and hospital expenses incurred by the biological mother and child incident to birth.
(2) Reasonable medical expenses, including hospital, testing, nursing, pharmaceutical, travel, or other similar expenses and foster care expenses incurred on behalf of the child prior to the decree of adoption.
(3) Reasonable expenses incurred by the department or the agency for adjustment counseling and training services provided to the adoptive parents and for home studies or investigations.
(4) Reasonable administrative expenses incurred by the department or the agency, including overhead, court costs, travel costs, donations required by an orphanage, notarial and interpreter fees, emigration permit costs, and attorney fees.
(5) Any other specific service or fee the court finds is reasonable and necessary.
C. The payment of expenses permitted by Paragraph B of this Article may not be made contingent on the placement of a child for adoption, relinquishment of the child, or consent to the adoption.
D. Adoptive parents shall pay to the department any of the expenses listed in Paragraph B of this Article which may be imposed by the department. Such payments shall be imposed solely at the discretion of the department. The department shall not include payment of the expenses listed in Paragraph B of this Article as a requirement for adoption.
E. If a court determines from an accounting that an amount that is going to be or has been disbursed for expenses permitted by Paragraph B of this Article is unreasonable, it shall order a reduction in the amount disbursed, or to be disbursed, and order the person who received the disbursement to refund that portion.
F. If a court determines from an accounting that an amount is going to be or has been disbursed for expenses not permitted by Paragraph B of this Article, it may:
(1) Issue an injunction prohibiting the disbursement or order the person who received the disbursement to refund it.
(2) Inform the district attorney for the consideration of criminal charges pursuant to R.S. 14:286.
(3) If in the best interest of the child, the court may also refuse to approve the adoption.
G. The court shall not issue a final decree of adoption until it has reviewed and approved the final accounting.
NOTE: Subsection H eff. until October 1, 2027. See Acts 2025, No. 477.
H. A copy of the Adoption Disclosure Affidavit and all orders of the court pursuant to this Article shall be mailed to the office of children and family services, Department of Children and Family Services.
NOTE: Subsection H as amended by Acts 2025, No. 477, eff. October 1, 2027.
H. A copy of the Adoption Disclosure Affidavit and all orders of the court pursuant to this Article shall be mailed to the office of child welfare, Department of Children and Family Services.
Acts 2013, No. 86, §1; Acts 2025, No. 477, §1, eff. Oct. 1, 2027.
A. Each petition for an adoption shall be accompanied by an affidavit executed by the petitioner and petitioner's attorney containing an accounting of fees and charges paid or agreed to be paid by or on behalf of the petitioner in connection with the adoption.
B. The affidavit shall not include any identifying information as to the biological parents, their families, or the child's birth name.
C. The form for the affidavit shall be as follows:
"ADOPTION DISCLOSURE AFFIDAVIT
BEFORE ME, the undersigned authority, personally came and appeared __________ (petitioner) and __________ (attorney for petitioner), who, being first duly sworn, did depose and state:
In the matter of the adoption by __________ (petitioner's name):
(1) We report the following fees and charges, or other things of value given in connection with this adoption paid to any agency or individual:
Actual
Estimated due:
Due or paid to:
$
$
A. Agency administrative expenses:
Attorney fees
Court costs
Travel costs
Overhead
Other (Specify)
B. Agency Mental Health Counseling expenses:
Counseling for adoptive parents
Home study evaluations
Counseling for the child
Other (Specify)
C. Medical expenses for biological mother:
Medical
Travel
Other (Specify)
D. Medical/foster care expenses for child:
Medical
Travel
Other (Specify)
E. Other expenses (Specify):
(2) We certify that to the best of our knowledge no other fees, charges, or things of value other than court costs have been given or shall be given by anyone in connection with this adoption.
(3) We declare that this disclosure statement has been examined by each of us and that its contents are true to the best of our information, knowledge, and belief.
(4) We understand that each of us has a continuing obligation to supplement and amend this affidavit as necessary.
(5) We understand that this information will be transmitted to the office of adoption services, Department of Children and Family Services. We further understand that it may be released by written authorization of the court for purposes of a grand jury investigation pursuant to R.S. 14:286 or for an ethical investigation by the Committee on Professional Responsibility of the Louisiana State Bar Association.
Signature of Petitioner
Signature of Attorney
Address
Address
SWORN TO AND SUBSCRIBED BEFORE ME ON THIS ____ DAY OF _____.
(NOTARY PUBLIC)"
D. Confidentiality of information contained in the adoption disclosure affidavit shall be maintained as provided in Chapter 5 of Title XII of this Code, and shall be released only in accordance with this Article or on written authorization of the court for the purposes of a grand jury investigation of a violation of R.S. 14:286 or an ethical investigation by the Committee on Professional Responsibility of the Louisiana State Bar Association.
Acts 2013, No. 86, §1.
A copy of the petition for adoption of a Hague Convention adoptee together with all exhibits shall be served by registered or certified mail, return receipt requested, postage prepaid, and properly addressed to the department and on any agency having legal custody of the child.
Acts 2013, No. 86, §1.
A. The department shall investigate the proposed adoption of the Hague Convention adoptee and submit a confidential report of its findings to the court. The findings shall include:
(1) The conditions with respect to the availability of the child for adoption.
(2) The physical and mental condition of the child.
(3) Other factors regarding the suitability of the child for adoption in petitioner's home.
(4) The moral and financial fitness of the petitioner.
(5) The conditions of the proposed adoptive home with respect to health, adjustment, and other advantages or disadvantages to the child.
B. The department may delegate the performance of this investigation to an authorized Hague Convention home study preparation agency, but the department remains responsible for ensuring the accuracy and thoroughness of the resulting report and for the safety and welfare of the child. The department shall adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement this authorization in accordance with the Administrative Procedure Act.
Acts 2013, No. 86, §1.
A. The court shall sign the order setting the time and place for the hearing of the petition for adoption of the Hague Convention adoptee not less than thirty nor more than sixty days after the filing of the adoption petition. The court may extend this time for good cause, which may include a showing by the department that it has been impossible to gather the necessary data within the time prescribed. The court may reduce the time to a minimum of fifteen days with written approval of the department and the petitioner.
B. At this hearing, the court shall consider:
(1) Any motion to intervene that has been filed.
(2) Any other issues in dispute.
(3) The confidential report of the department.
(4) The report of any criminal records or validated complaints of child abuse or neglect concerning the petitioner.
(5) The testimony of the parties.
C. If the child to be adopted is twelve years of age or older, the court shall solicit and consider his wishes in the matter.
Acts 2013, No. 86, §1.
A. Intervention in agency adoption proceedings shall not be allowed except on motion to the court and a showing of good cause.
B. Such intervention shall be limited to persons having a substantial caretaking relationship with the child for one year or longer, or any other person that the court finds to be a party in interest.
C. The intervention of a party in interest shall be for the limited purpose of presenting evidence as to the best interest of the child.
Acts 2013, No. 86, §1.
Upon due consideration of the factors enumerated in Article 1285.6(B), the court may grant or refuse to grant an interlocutory decree during or after the hearing. The basic consideration for this decree shall be the best interest of the child.
Acts 2013, No. 86, §1.
Upon due consideration of the factors enumerated in Article 1285.6(B), the court may render a final decree of adoption at the first hearing, without the necessity of first entering an interlocutory decree, if the child was placed in the petitioner's home by a licensed agency and the child has lived in that home for at least six months prior to the hearing for adoption.
Acts 2013, No. 86, §1.
A. After an interlocutory decree has been entered, the department shall maintain contact with the proposed adoptive home directly or through another agency in accordance with Paragraph B of this Article. The number of visits to the home and the time for them shall be within the discretion of the department; however, no less than two visits shall be made to the home, one of which shall occur within thirty days before the final decree of adoption.
B. The department may delegate the performance of this investigation to a licensed private adoption agency, but the department remains responsible for ensuring the accuracy and thoroughness of the resulting report and for the safety and welfare of the child. The department shall adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement this authorization in accordance with the Administrative Procedure Act.
C. A second confidential report must be presented to the court preceding the hearing on the final decree of adoption. The findings of this report shall be based upon the same findings as prescribed in Article 1285.5 and shall disclose any changed conditions and all new pertinent information.
Acts 2013, No. 86, §1.
If no petition for a final decree is filed within two years after the granting of an interlocutory decree, the latter shall become null and void unless good cause is shown why an extension should be granted.
Acts 2013, No. 86, §1.
A. At any time before the entry of the final decree of adoption, the court for good cause may revoke its interlocutory decree either on its own motion, on the motion of the department, or on the motion of the petitioner or any person interested in the child.
B. All parties upon whom service was originally made shall be notified at least ten days prior to the signing of the order of revocation and shall be given an opportunity to be heard upon their written request.
Acts 2013, No. 86, §1.
A. The child shall have lived with the petitioner for at least one year and at least six months shall have elapsed after the granting of an interlocutory decree before the petitioner may file a petition for final decree of adoption.
B. The court shall set a time and place for the hearing of the petition for final decree. The petition for final decree need not be served upon anyone except the department.
Acts 2013, No. 86, §1.
A. The court, as a part of the final decree, shall provide notice of the provisions of R.S. 14:46.4 to the parties.
B. The court, after a hearing and after taking into consideration information from all sources concerning the adoption, may enter a final decree of adoption, or it may deny the adoption. The basic consideration shall be the best interest of the child.
Acts 2013, No. 86, §1; Acts 2014, No. 721, §1.
If not determined previously, upon a final decree of adoption, the parents of the child are relieved of all their legal duties and divested of all their legal rights with regard to the adopted child, and the adopted child is relieved of all of his legal duties and divested of all his legal rights with regard to the parents, except the right of the child to inherit from his parents. A final decree of adoption automatically entitles the child to United States citizenship under the Intercountry Adoption Act.
Acts 2013, No. 86, §1.
The full name of the adopted child may be changed in the final decree of adoption and, if changed, the surname shall be the same as that of the adoptive parent. In accordance with R.S. 40:79, the clerk of court shall forward, on a form supplied by the Department of Children and Family Services, his certificate of the decree to the state registrar, who shall make a new certificate of live birth of the person adopted, in the new name if the name has been changed in the decree.
Acts 2013, No. 86, §1.
Upon refusal to grant a final decree to the petitioners for the reason that the intercountry adoption is not in the best interest of the child, the court may remove the child from the petitioner and reinstate the legal custodian or appoint a custodian.
Acts 2013, No. 86, §1.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
This Chapter may be cited as the "Uniform Interstate Family Support Act".
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 2015, No. 80, §1, eff. July 1, 2015.
In this Chapter:
(1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.
(2) " Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.
(3) "Convention" means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.
(4) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.
(5) "Foreign country" means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:
(a) Which has been declared under the law of the United States to be a foreign reciprocating country;
(b) Which has established a reciprocal arrangement for child support with this state as provided in Article 1303.8;
(c) Which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this Chapter; or
(d) In which the Convention is in full force with respect to the United States.
(6) "Foreign support order" means a support order of a foreign tribunal.
(7) "Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the Convention.
(8) "Home state" means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period.
(9) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.
(10) "Income-withholding order" means an order or other legal process directed to an obligor's employer or other debtor, as defined by the income-withholding law of this state, to withhold support from the income of the obligor.
(11) "Initiating tribunal" means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.
(12) "Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.
(13) "Issuing state" means the state in which a tribunal issues a support order or a judgment determining parentage of a child.
(14) "Issuing tribunal" means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child.
(15) "Law" includes decisional and statutory law and rules and regulations having the force of law.
(16) "Obligee" means:
(a) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;
(b) A foreign country, state or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support;
(c) An individual seeking a judgment determining parentage of the individual's child; or
(d) A person that is a creditor in a proceeding under Section 7.
(17) "Obligor" means an individual or the estate of a decedent who:
(a) Owes or is alleged to owe a duty of support;
(b) Is alleged, but has not been adjudicated to be a parent of a child;
(c) Is liable under a support order; or
(d) Is a debtor in a proceeding under Section 7.
(18) "Outside this state" means a location in another state or a country other than the United States, whether or not the country is a foreign country.
(19) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(20) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(21) "Register" means to record or file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country.
(22) "Registering tribunal" means a tribunal in which a support order or judgment determining parentage of a child is registered.
(23) "Responding state" means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country.
(24) "Responding tribunal" means the authorized tribunal in a responding state or foreign country.
(25) "Spousal support order" means a support order for a spouse or former spouse of the obligor.
(26) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation or tribe.
(27) "Support enforcement agency" means a public official, governmental entity, or private agency authorized to:
(a) Seek enforcement of support orders or laws relating to the duty of support;
(b) Seek establishment or modification of child support;
(c) Request determination of parentage of a child;
(d) Attempt to locate obligors or their assets; or
(e) Request determination of the controlling child support order.
(28) "Support order" means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney fees, and other relief.
(29) "Tribunal" means a court, administrative agency, or quasi judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. The district courts or, if applicable, the family or juvenile courts, and the division of administrative review, Department of Children and Family Services, or other administrative law division authorized by law, are the tribunals of this state for purposes of this Chapter.
B. The Department of Children and Family Services is the support enforcement agency of this state.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. Remedies provided by this Chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.
B. This Chapter does not:
(1) Provide the exclusive method of establishing or enforcing a support order under the law of this state; or
(2) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this Chapter.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. A tribunal of this state shall apply Sections 1 through 6 and, as applicable, Section 7, to a support proceeding involving:
(1) A foreign support order;
(2) A foreign tribunal; or
(3) An obligee, obligor, or child residing in a foreign country.
B. A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Sections 1 through 6.
C. Section 7 applies only to a support proceeding under the Convention. In such a proceeding, if a provision of Section 7 is inconsistent with Sections 1 through 6, Section 7 controls.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
A. In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian, curator, or tutor, if:
(1) The individual is personally served with citation, summons, or notice within this state;
(2) The individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(3) The individual resided with the child in this state;
(4) The individual resided in this state and provided prenatal expenses or support for the child;
(5) The child resides in this state as a result of the acts or directives of the individual;
(6) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;
(7) The individual asserted parentage of a child in the putative father registry maintained in this state by the Louisiana Department of Health, office of public health; or
(8) There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
B. The basis for personal jurisdiction set forth in Paragraph A or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of Article 1306.11 are met, or, in the case of a foreign support order, unless the requirements of Article 1306.15 are met.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2013, No. 220, §25, eff. June 11, 2013; Acts 2015, No. 80, §1, eff. July 1, 2015.
Personal jurisdiction acquired by a tribunal of this state in a proceeding under this Chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by Articles 1302.5, 1302.6, and 1302.11.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
Under this Chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:
(1) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(2) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(3) If relevant, this state is the home state of the child.
B. A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:
(1) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;
(2) The contesting party timely challenges the exercise of jurisdiction in this state; and
(3) If relevant, the other state or foreign country is the home state of the child.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:
(1) At the time of the filing of a request for modification, this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
(2) Even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.
B. A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:
(1) All of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
(2) Its order is not the controlling order.
C. If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that Act which modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
D. A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
E. A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:
(1) The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or
(2) A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.
B. A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. If a proceeding is brought under this Chapter and only one tribunal has issued a child support order, the order of that tribunal controls and must be recognized.
B. If a proceeding is brought under this Chapter, and two or more child support orders have been issued by tribunals of this state, another state, or a foreign country with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized:
(1) If only one of the tribunals would have continuing, exclusive jurisdiction under this Chapter, the order of that tribunal controls.
(2) If more than one of the tribunals would have continuing, exclusive jurisdiction under this Chapter:
(a) An order issued by a tribunal in the current home state of the child controls, or
(b) If an order has not been issued in the current home state of the child, the order most recently issued controls.
(3) If none of the tribunals would have continuing, exclusive jurisdiction under this Chapter, the tribunal of this state shall issue a child support order, which controls.
C. If two or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under Paragraph B of this Article. The request may be filed with a registration for enforcement or registration for modification pursuant to Section 6, or may be filed as a separate proceeding.
D. A request to determine which is the controlling order must be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.
E. The tribunal that issued the controlling order under Paragraph A, B, or C of this Article has continuing jurisdiction to the extent provided in Article 1302.5 or 1302.6.
F. A tribunal of this state that determines by order which is the controlling order under Subparagraph (B)(1) or (2) or Paragraph C of this Article, or that issues a new controlling order under Subparagraph (B)(3) of this Article, shall state in that order:
(1) The basis upon which the tribunal made its determination;
(2) The amount of prospective support, if any; and
(3) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by Article 1302.9.
G. Within thirty days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.
H. An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this Article must be recognized in proceedings under this Chapter.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996, Acts 1997, No. 1241, §1, eff. July15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, another state, or a foreign country.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this Chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to Article 1303.16, communicate with a tribunal outside this state pursuant to Article 1303.17, and obtain discovery through a tribunal outside this state pursuant to Article 1303.18. In all other respects, Sections 3 through 6 do not apply, and the tribunal shall apply the procedural and substantive law of this state.
Acts 2015, No. 80, §1, eff. July 1, 2015.
A. A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.
B. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.
C. A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as:
(1) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or
(2) A responding tribunal to enforce or modify its own spousal support order.
Acts 2015, No. 80, §1, eff. July 1, 2015.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
A. Except as otherwise provided in this Chapter, this Section applies to all proceedings under this Chapter.
B. An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this Chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or foreign country which has or can obtain personal jurisdiction over the respondent.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 2015, No. 80, §1, eff. July 1, 2015.
Except as otherwise provided by this Chapter, a responding tribunal of this state shall:
(1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and
(2) Determine the duty of support and the amounts payable in accordance with the law and support guidelines of this state.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. Upon the filing of a petition authorized by this Chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents:
(1) To the responding tribunal or appropriate support enforcement agency in the responding state; or
(2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
B. If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to Article 1303.1(B), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.
B. A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following:
(1) Establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child
(2) Order an obligor to comply with a support order, specifying the amount and the manner of compliance;
(3) Order income withholding;
(4) Determine the amount of any arrearages and specify a method of payment;
(5) Enforce orders by civil or criminal contempt, or both;
(6) Set aside property for satisfaction of the support order;
(7) Place liens and order execution on the obligor's property;
(8) Order an obligor to keep the tribunal informed of the obligor's current residential address, electronic mail address, telephone number, employer, address of employment, and telephone number at the place of employment;
(9) Issue a bench warrant or order of contempt for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the order of contempt and bench warrant in any local and state computer systems for criminal warrants;
(10) Order the obligor to seek appropriate employment by specified methods;
(11) Award reasonable attorney fees and other fees and costs; and
(12) Grant any other available remedy.
C. A responding tribunal of this state shall include in a support order issued under this Chapter, or in the documents accompanying the order, the calculations on which the support order is based.
D. A responding tribunal of this state may not condition the payment of a support order issued under this Chapter upon compliance by a party with provisions for visitation.
E. If a responding tribunal of this state issues an order under this Chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
F. If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. In a proceeding under this Chapter, a support enforcement agency of this state, upon request:
(1) Shall provide services to a petitioner residing in a state;
(2) Shall provide services to a petitioner requesting services through a central authority of a foreign country as described in Article 1301.2(5)(a) or (d); and
(3) May provide services to a petitioner who is an individual not residing in a state.
B. A support enforcement agency that is providing services to the petitioner shall:
(1) Take all steps necessary to enable an appropriate tribunal in this state, another state, or a foreign country to obtain jurisdiction over the respondent;
(2) Request an appropriate tribunal to set a date, time, and place for a hearing;
(3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
(4) Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;
(5) Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and
(6) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
C. A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts:
(1) To ensure that the order to be registered is the controlling order; or
(2) If two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
D. A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
E. A support enforcement agency of this state shall issue or request a tribunal of this state to issue a child support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to Article 1303.19.
F. This Chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under this Chapter or may provide those services directly to the individual.
B. The attorney general may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
An individual may employ private counsel to represent the individual in proceedings authorized by this Chapter.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. The Department of Children and Family Services is the state information agency under this Chapter.
B. The state information agency shall:
(1) Compile and maintain a current list, including addresses, of the tribunals in this state that have jurisdiction under this Chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;
(2) Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;
(3) Forward to the appropriate tribunal in the place in this state in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this Chapter received from another state or a foreign country; and
(4) Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, drivers' licenses, and social security.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. In a proceeding under this Chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under Article 1303.12, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number, and the date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.
B. The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information shall be sealed and shall not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. The petitioner may not be required to pay a filing fee or other costs.
B. If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state or foreign country, except as provided by other law. Attorney's fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.
C. The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under Section 6, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. Participation by a petitioner in a proceeding under this Chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
B. A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this Chapter.
C. The immunity granted by this Article does not extend to civil litigation based on acts unrelated to a proceeding under this Chapter committed by a party while physically present in this state to participate in the proceeding.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this Chapter.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.
B. An affidavit, document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state.
C. A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made.
D. Copies of bills for testing for parentage and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.
E. Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.
F. In a proceeding under this Chapter, a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.
G. If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
H. A privilege against disclosure of communications between spouses does not apply in a proceeding under this Chapter.
I. The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this Chapter.
J. A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A tribunal of this state may:
(1) Request a tribunal outside this state to assist in obtaining discovery; and
(2) Upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.
B. If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall:
(1) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and
(2) Issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.
C. The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to Paragraph B of this Article shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
A. If a support order entitled to recognition under this Chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:
(1) The individual seeking the order resides outside this state; or
(2) The support enforcement agency seeking the order is located outside this state.
B. The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
(1) A presumed father of the child;
(2) Petitioning to have his paternity adjudicated;
(3) Identified as the father of the child through genetic testing;
(4) An alleged father who has declined to submit to genetic testing;
(5) Shown by clear and convincing evidence to be the father of the child;
(6) An acknowledged father as provided by applicable state law;
(7) The mother of the child; or
(8) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
C. Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Article 1303.5.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this Chapter or a law or procedure substantially similar to this Chapter.
Acts 2015, No. 80, §1, eff. July 1, 2015.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's employer under the income withholding law of this state without first filing a petition or comparable pleading or registering the order with a tribunal of this state.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.
B. The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.
C. Except as otherwise provided in Paragraph D of this Article and Article 1305.3, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order, which specify:
(1) The duration and amount of periodic payments of current child support, stated as a sum certain;
(2) The person designated to receive payments and the address to which the payments are to be forwarded;
(3) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;
(4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and
(5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
D. An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:
(1) The employer's fee for processing an income-withholding order;
(2) The maximum amount permitted to be withheld from the obligor's income; and
(3) The times within which the employer must implement the withholding order and forward the child support payment.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
If the obligor's employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child support obligees.
Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
An employer that complies with an income-withholding order issued in another state in accordance with this Section is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.
Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.
Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in Section 6, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.
B. The obligor shall give notice of the contest to:
(1) A support enforcement agency providing services to the obligee;
(2) Each employer that has directly received an income-withholding order relating to the obligor; and
(3) The person designated to receive payments in the income-withholding order or, if no person is designated, to the obligee.
Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.
B. Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this Chapter.
Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
A support order or an income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement. Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. Except as otherwise provided in Article 1307.6, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending the following records to the appropriate tribunal in this state:
(1) A letter of transmittal to the tribunal requesting registration and enforcement;
(2) Two copies, including one certified copy, of the order to be registered, including any modification of the order;
(3) A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;
(4) The name of the obligor and, if known:
(a) The obligor's address and social security number;
(b) The name and address of the obligor's employer and any other source of income of the obligor; and
(c) A description and the location of property of the obligor in this state not exempt from execution; and
(5) Except as otherwise provided in Article 1303.12, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.
B. On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.
C. A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.
D. If two or more orders are in effect, the person requesting registration shall:
(1) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this Section;
(2) Specify the order alleged to be the controlling order, if any; and
(3) Specify the amount of consolidated arrears, if any.
E. A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.
B. A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.
C. Except as otherwise provided in this Chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. Except as otherwise provided in Paragraph D, the law of the issuing state or foreign country governs:
(1) The nature, extent, amount, and duration of current payments under a registered support order;
(2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
(3) The existence and satisfaction of other obligations under the support order.
B. In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies.
C. A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
D. After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
B. The notice must inform the nonregistering party:
(1) That a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;
(2) That a hearing to contest the validity or enforcement of the registered order must be requested within twenty days after notice unless the registered order is under Article 1307.7;
(3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and
(4) Of the amount of any alleged arrearages.
C. If the registering party asserts that two or more orders are in effect, a notice must also:
(1) Identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;
(2) Notify the nonregistering party of the right to a determination of which is the controlling order;
(3) State that the procedures provided in Paragraph B of this Article apply to the determination of which is the controlling order; and
(4) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
D. Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to the income-withholding law of this state.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by Article 1306.5. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to Article 1306.7.
B. If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.
C. If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(1) The issuing tribunal lacked personal jurisdiction over the contesting party.
(2) The order was obtained by fraud.
(3) The order has been vacated, suspended, or modified by a later order.
(4) The issuing tribunal has stayed the order pending appeal.
(5) There is a defense under the law of this state to the remedy sought.
(6) Full or partial payment has been made.
(7) The statute of limitation under Article 1306.4 precludes enforcement of some or all of the arrearages.
(8) The alleged controlling order is not the controlling order.
B. If a party presents evidence establishing a full or partial defense under Paragraph A of this Article a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this state.
C. If the contesting party does not establish a defense under Paragraph A of this Article to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 2015, No. 80, §1, eff. July 1, 2015.
A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in Articles 1306.1 through 1306.8 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 2015, No. 80, §1, eff. July 1, 2015.
A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of Article 1306.11 or 1306.13 have been met.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. If Article 1306.13 does not apply, upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that:
(1) The following requirements are met:
(a) Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state.
(b) A petitioner who is a nonresident of this state seeks modification; and
(c) The respondent is subject to the personal jurisdiction of the tribunal of this state; or
(2) This state is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.
B. Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.
C. A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be so recognized under Article 1302.7 establishes the aspects of the support order which are nonmodifiable.
D. In a proceeding to modify a child support order, the law of the state that is determined to have issued the controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.
E. On issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.
F. Notwithstanding Paragraphs A through E of this Article and Article 1302.1(B), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:
(1) One party resides in another state; and
(2) The other party resides outside the United States.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state:
(1) May enforce its order that was modified only as to arrears and interest accruing before the modification;
(2) May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and
(3) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
B. A tribunal of this state exercising jurisdiction under this Article shall apply the provisions of Sections 1 and 2, this Section, and the procedural and substantive laws of this state to the proceeding for enforcement or modification. Sections 3, 4, 5, 7, and 8 do not apply.
Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. Except as otherwise provided in Article 1307.11, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to Article 1306.11 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.
B. An order issued by a tribunal of this state modifying a foreign child support order pursuant to this Section is the controlling order.
Acts 2015, No. 80, §1, eff. July 1, 2015.
A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in this state under Articles 1306.1 through 1306.8 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
Acts 2015, No. 80, §1, eff. July 1, 2015.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
In this Section:
(1) "Application" means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
(2) "Central authority" means the entity designated by the United States or a foreign country described in Article 1301.2(5)(d) to perform the functions specified in the Convention.
(3) "Convention support order" means a support order of a tribunal of a foreign country described in Article 1301.2(5)(d).
(4) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.
(5) "Foreign central authority" means the entity designated by a foreign country described in Article 1301.2(5)(d) to perform the functions specified in the Convention.
(6) "Foreign support agreement":
(a) Means an agreement for support in a record that:
(i) Is enforceable as a support order in the country of origin;
(ii) Has been:
(aa) Formally drawn up or registered as an authentic instrument by a foreign tribunal; or
(bb) Authenticated by, or concluded, registered, or filed with a foreign tribunal; and
(iii) May be reviewed and modified by a foreign tribunal; and
(b) Includes a maintenance arrangement or authentic instrument under the Convention.
(7) "United States central authority" means the Secretary of the United States Department of Health and Human Services.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
This Section applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this Section is inconsistent with Sections 1 through 6, this Section controls.
Acts 2015, No. 80, §1, eff. July 1, 2015.
The Department of Children and Family Services of this state is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.
Acts 2015, No. 80, §1, eff. July 1, 2015.
A. In a support proceeding under this Section, the Department of Children and Family Services, of this state shall:
(1) Transmit and receive applications; and
(2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
B. The following support proceedings are available to an obligee under the Convention:
(1) Recognition or recognition and enforcement of a foreign support order;
(2) Enforcement of a support order issued or recognized in this state;
(3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(4) Establishment of a support order if recognition of a foreign support order is refused under Article 1307.8(B)(2), (4), or (9);
(5) Modification of a support order of a tribunal of this state; and
(6) Modification of a support order of a tribunal of another state or a foreign country.
C. The following support proceedings are available under the Convention to an obligor against which there is an existing support order:
(1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
(2) Modification of a support order of a tribunal of this state; and
(3) Modification of a support order of a tribunal of another state or a foreign country.
D. A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.
Acts 2015, No. 80, §1, eff. July 1, 2015.
A. A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.
B. A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, Articles 1307.6 through 1307.13 apply.
C. In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:
(1) A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and
(2) An obligee or obligor that in the issuing country has benefitted from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
D. A petitioner filing a direct request is not entitled to assistance from the Department of Children and Family Services.
E. This Section does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
Acts 2015, No. 80, §1, eff. July 1, 2015.
A. Except as otherwise provided in this Section, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided in Section 6.
B. Notwithstanding Articles 1303.11 and 1306.2(A), a request for registration of a Convention support order must be accompanied by:
(1) A complete text of the support order or an abstract or an extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by The Hague Conference on Private International Law;
(2) A record stating that the support order is enforceable in the issuing country;
(3) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(4) A record showing the amount of arrears, if any, and the date the amount was calculated;
(5) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(6) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
C. A request for registration of a Convention support order may seek recognition and partial enforcement of the order.
D. A tribunal of this state may vacate the registration of a Convention support order without the filing of a contest under Article 1307.7 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
E. The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.
Acts 2015, No. 80, §1, eff. July 1, 2015.
A. Except as otherwise provided in this Section, Articles 1306.5 through 1306.8 apply to a contest of a registered Convention support order.
B. A party contesting a registered Convention support order shall file a contest not later than thirty days after notice of the registration, but if the contesting party does not reside in the United States, the contest shall be filed not later than sixty days after notice of the registration.
C. If the nonregistering party fails to contest the registered Convention support order by the time specified in Paragraph B of this Article, the order is enforceable.
D. A contest of a registered Convention support order may be based only on grounds set forth in Article 1307.8. The contesting party bears the burden of proof.
E. In a contest of a registered Convention support order, a tribunal of this state:
(1) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(2) May not review the merits of the order.
F. A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
G. A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.
Acts 2015, No. 80, §1, eff. July 1, 2015.
A. Except as otherwise provided in Paragraph B of this Article, a tribunal of this state shall recognize and enforce a registered Convention support order.
B. The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered Convention support order:
(1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(2) The issuing tribunal lacked personal jurisdiction consistent with Article 1302.1;
(3) The order is not enforceable in the issuing country;
(4) The order was obtained by fraud in connection with a matter of procedure;
(5) A record transmitted in accordance with Article 1307.6 lacks authenticity or integrity;
(6) A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;
(7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this Chapter in this state;
(8) Payment, to the extent alleged arrears have been paid in whole or in part;
(9) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(a) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(b) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(10) The order was made in violation of Article 1307.11.
C. If a tribunal of this state does not recognize a Convention support order under Subparagraph (B)(2), (4), or (9) of this Article:
(1) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and
(2) The Department of Children and Family Services shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under Article 1307.4.
Acts 2015, No. 80, §1, eff. July 1, 2015.
If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
Acts 2015, No. 80, §1, eff. July 1, 2015.
A. Except as otherwise provided in Paragraphs C and D of this Article, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
B. An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(1) A complete text of the foreign support agreement; and
(2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
C. A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
D. In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(1) Recognition and enforcement of the agreement is manifestly incompatible with public policy;
(2) The agreement was obtained by fraud or falsification;
(3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this Chapter in this state; or
(4) The record submitted under Paragraph B of this Article lacks authenticity or integrity.
E. A proceeding for recognition and enforcement of a foreign support agreement shall be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
Acts 2015, No. 80, §1, eff. July 1, 2015.
A. A tribunal of this state may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(1) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
B. If a tribunal of this state does not modify a Convention child support order because the order is not recognized in this state, Article 1307.8(C) applies.
Acts 2015, No. 80, §1, eff. July 1, 2015.
Personal information gathered or transmitted under this Section may be used only for the purposes for which it was gathered or transmitted.
Acts 2015, No. 80, §1, eff. July 1, 2015.
A record filed with a tribunal of this state under this Section must be in the original language and, if not in English, must be accompanied by an English translation.
Acts 2015, No. 80, §1, eff. July 1, 2015.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
A. For purposes of this Section, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this Chapter.
B. The governor of this state may:
(1) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(2) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
C. A provision for extradition of individuals not inconsistent with this Chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 2015, No. 80, §1, eff. July 1, 2015.
A. Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty days previously the obligee had initiated proceedings for support pursuant to this Chapter or that the proceeding would be of no avail.
B. If, under this Chapter or a law substantially similar to this Chapter, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
C. If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it to the extent that such provisions are not prohibited by the Constitution of Louisiana.
Acts 2015, No. 80, §1, eff. July 1, 2015.
This Chapter applies to proceedings begun on or after the effective date of this Chapter to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
Acts 2015, No. 80, §1, eff. July 1, 2015.
If any provision of this Chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are severable.
Acts 2015, No. 80, §1, eff. July 1, 2015.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
Repealed by Acts 1995, No. 251, §2, eff. Jan. 1, 1996.
As used in this Chapter:
(1) "Applicable payee" means the spouse, the tutor or custodian of the child, the court-approved fiduciary of the spouse or child, or the department in a FITAP case or in a non-FITAP case in which the department is rendering services as designated by the court to be the payee.
(2) "Child" means a person under the age of eighteen or an eighteen year old who is a full-time student in a secondary school and who is dependent on either parent.
(3) "Criminal neglect of family" means the desertion or intentional nonsupport by a spouse of his or her spouse who is in destitute or necessitous circumstances or by either parent of his minor child who is in destitute or necessitous circumstances.
(4) "Department" means the Department of Children and Family Services.
(5) "FITAP" means the Family Independence Temporary Assistance Program.
(6) "Spouse" shall mean a husband or wife.
Acts 1993, No. 442, §2, eff. June 9, 1993; Acts 2022, No. 271, §8.
A. With the consent of the defendant, at any time prior to a trial on a charge of criminal neglect of family brought pursuant to R.S. 14:74 the court, in lieu of imposing the punishment herein before provided, may issue a support order, after considering the circumstances and financial ability of the defendant, directing the defendant to pay a certain sum, at such periods as the court directs, and to maintain health care insurance.
B. This support shall be ordered payable to the applicable payee.
C. The amount of support as set by the court may be increased or decreased as the circumstances may require.
D. The court may also require the defendant to enter into a recognizance, with or without surety, in order to insure the payment of support and the maintenance of health care insurance. The condition of the recognizance shall be that the defendant shall make his or her personal appearance in court whenever required to do so, and shall further comply with the terms of the order or of any subsequent modification thereof.
Acts 1993, No. 442, §2, eff. June 9, 1993.
A. If the defendant violates the terms of the court order, the court, upon motion, may issue an order directing the defendant to show cause why he or she should not be found in contempt of court for failure to pay the court ordered support or maintain health care insurance, which rule shall be tried in a summary manner.
B. If on the hearing of such rule the court finds the accused guilty of contempt for failure to comply with the judgment of the court in paying the support assessed, the court may punish for such contempt as follows, either:
(1) The court may sentence the defendant to be imprisoned for not more than six months. The court in its discretion may suspend this term of imprisonment in whole or in part on condition that the defendant pay the total amount of unpaid support and obtain health care insurance in a manner to be determined by the court and on such other conditions as set by the court. If the court suspends the sentence in whole or in part, the court may place the defendant on probation under R.S. 15:305 with conditions of probation to be set by the court. In addition, the court may fine the defendant an amount not to exceed one hundred dollars to be paid to the applicable payee.
(2) The court may order the defendant to pay the total amount of unpaid support to the applicable payee and obtain health care insurance within a period of time fixed by the court. During this period of time, the defendant may be released upon giving bond for his appearance in court if he fails to comply with the order of the court within the period of time fixed. Should the defendant not pay the total amount of unpaid support which the court has ordered, the defendant shall be imprisoned for not more than six months.
C. Upon a second or subsequent finding of contempt, the court shall sentence the defendant to imprisonment for not more than six months. At the discretion of the judge, the sentence may be suspended by the court upon the occurrence of all of the following:
(1) Payment of the amount of unpaid support.
(2) Payment of the amount of unpaid support accrued since the date of the said order.
(3) Payment of the amount of all attendant court costs.
(4) Proof of health care insurance.
D. Upon recommendation of the state attorney or the support enforcement officer, or both, the remainder of the sentence may be suspended upon payment of a lesser amount, plus attendant court costs. Such payment shall apply toward but not extinguish the total amount due.
E. If the court finds the accused guilty of contempt, the court shall also render judgment directing the defendant to obtain health care insurance and to pay the total amount of unpaid support to the applicable payee, and attendant court costs. Such judgment for the payment of unpaid support and court costs shall have the same force and effect as a final judgment for money damages against the defendant. This judgment may be made executory by any Louisiana court of competent jurisdiction on petition of the department or the district attorney.
F. If the defendant has entered into a recognizance in the amount fixed by the court to insure the payment of the support and maintenance of health care insurance, the court may order the forfeiture of the recognizance and enforcement thereof by execution. The sum recovered shall be paid in whole or in part to the applicable payee. However, should the court order both the forfeiture of the recognizance and at the same time order the defendant to pay all unpaid support under the sentence for contempt, the amount of unpaid support plus attendant court costs and fines shall be the maximum payable.
G. It is a defense as provided by R.S. 9:311.1 to a charge of contempt of court for failure to comply with a court order of child support if an obligor can prove that he was incarcerated during the period of noncompliance. This defense applies only to the time period of actual incarceration.
Acts 1993, No. 442, §2, eff. June 9, 1993; Acts 2017, No. 264, §1, eff. Jan. 1, 2019; Acts 2018, No. 136, §1, eff. May 11, 2018; Acts 2019, No. 277, §2.
Whenever a person has been ordered to pay a fixed sum of money as support to an individual following a plea or adjudication for the offense of criminal neglect of family, pursuant to R.S. 14:74, and such person has absconded or fled the jurisdiction of the court or has violated the terms of his probation relating to that support obligation, or both, if such conduct necessitates help and support to the individual by the department and should such person be apprehended and arrearages of his support payments are collected from him, the arrearage collected from the person shall go to the department as reimbursement to the extent allowed by federal law.
Acts 1993, No. 442, §2, eff. June 9, 1993; Acts 2018, No. 206, §6.
In cases in which the responsible parent or other person owing a duty of support and the district attorney stipulate to an order of support, the court shall have the power to issue an order of support under the provisions of Article 1352 without the necessity of instituting criminal proceedings pursuant to R.S. 14:74.
Acts 1993, No. 442, §2, eff. June 9, 1993.
The purpose of this Title is to facilitate the proper treatment of children suffering from mental illness or substance abuse. The manner of treatment should be medically appropriate, least restrictive of the child's liberty, and respectful of the child's individual rights. A preference for outpatient treatment should prevail unless the admission to a treatment facility is determined necessary for the recovery of the child from the mental illness or substance abuse.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
The underlying policy of this Title is as follows:
(1) That minors with mental illness and minors suffering from substance abuse, and their caretakers on their behalf, be encouraged to seek voluntary treatment.
(2) That any involuntary treatment or evaluation be accomplished in a setting which is medically appropriate, most likely to facilitate proper care and treatment that will return the minor patient to the community as soon as possible, and is the least restrictive of the minor's liberty.
(3) That continuity of care for persons with mental illness and minors suffering from substance abuse be provided.
(4) That mental health and substance abuse treatment services be delivered as near to the place of residence of the minor receiving such services as is reasonably possible and medically appropriate.
(5) That individual rights of minor patients be safeguarded.
(6) That no minor solely as a result of mental illness or alcoholism or incapacitation by alcohol shall be confined in any jail, prison, correctional facility, or juvenile detention center.
(7) That no minor shall be denied treatment solely because he has withdrawn from treatment against medical advice on a prior occasion or because he has relapsed after an earlier treatment.
(8) That minors be protected from unnecessary institutionalization and be afforded proper treatment for their special mental health needs.
(9) That, in view of the liberty interest at issue in any commitment decision, proper respect for the parental decisionmaking role be balanced with the individual rights of the minor.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
Except as otherwise specified in this Title, all provisions of the Children's Code remain applicable.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
As used in this Title:
(1) "Caretaker" means any person legally obligated to provide or secure adequate care for a child, including a parent, tutor, guardian, legal custodian, foster home parent, or other person providing a residence for the child.
(2) "Conditional discharge" means the physical release of a judicially committed minor from a treatment facility by the director or by the court.
(3) "Dangerous to others" means the condition of a person whose behavior or significant threats support a reasonable expectation that there is a substantial risk that he will inflict physical harm upon another person in the near future.
(4) "Dangerous to self" means the condition of a person whose behavior, significant threats, or inaction supports a reasonable expectation that there is a substantial risk that he will inflict physical or severe emotional harm upon his own person.
(5) "Department" means the Louisiana Department of Health.
(6) "Diagnosis" means the art and science of determining the presence of disease in an individual and distinguishing one disease from another.
(7) "Director" or "superintendent" means a person in charge of a treatment facility or his deputy.
(8) "Discharge" means the full or conditional release from a treatment facility of any minor admitted or otherwise detained under this Title.
(9) "Family psychiatric mental health nurse practitioner" means an individual who maintains the credentials as such and meets the requirements of a "psychiatric mental health nurse practitioner" as provided in R.S. 28:2. Further, a family psychiatric mental health nurse practitioner shall have been engaged in clinical practice for not less than three years.
(10) "Formal voluntary admission" means the admission of a minor suffering from mental illness or substance abuse desiring admission to a treatment facility for diagnosis or treatment of such condition, or both, who may be formally admitted upon his written request.
(11) "Grave disability" means the condition of a person who is unable to provide for his own basic physical needs, such as essential food, clothing, medical care, and shelter, as a result of serious mental illness or substance abuse and is unable to survive safely in freedom or protect himself from serious harm; the term also includes incapacitation by alcohol, which means the condition of a person who, as a result of the use of alcohol, is unconscious or whose judgment is otherwise so impaired that he is incapable of realizing and making a rational decision with respect to his need for treatment.
(12) "Informal voluntary admission" means the admission of a minor suffering from mental illness or substance abuse, desiring admission to a treatment facility for diagnosis or treatment of such condition, or both, who may be admitted upon his request without making formal application.
(13) "MHAS" means Mental Health Advocacy Service, as established by R.S. 28:64 and Article 1405.
(14) "Major surgical procedure" means an invasive procedure of a serious nature with incision upon the body or parts thereof under general, local, or spinal anesthesia, utilizing surgical instruments, for the purpose of diagnosis or treatment of a medical condition. Diagnostic procedures, including but not limited to the following, shall not be considered as major surgical procedures:
(a) Endoscopy through natural body openings, such as the mouth, anus, or urethra, to view the trachea, bronchi, esophagus, stomach, pancreas, small or large intestine, urethra, urinary bladder, or ureters, and to obtain from such organs specimens of fluids or tissues for chemical or microscopic analysis.
(b) Subcutaneous percutaneous liver biopsy.
(c) Punch biopsy of skeletal muscles.
(d) Bone marrow biopsy.
(e) Lumbar puncture.
(f) Myelogram.
(g) Abdominocentesis.
(h) Conization of the uterine cervix.
(i) Renal angiography.
(j) Femoral angiography.
(k) Carotid angiography.
(l) Vertebral angiography.
(15) "Mental Health Advocacy Service" means a service established by the state of Louisiana for the purpose of providing legal counsel and representation for persons with mental disabilities and for children and to ensure that their legal rights are protected.
(16) "Patient" means any person detained and taken care of as a person with mental illness or person suffering from substance abuse.
(17) "Person with mental illness" means any person with a psychiatric disorder which has substantial adverse effects on his ability to function and who requires care and treatment. It does not include a person with, solely, an intellectual disability, or who suffers solely from epilepsy, alcoholism, or drug abuse.
(18) "Psychologist" means an individual licensed to practice psychology in Louisiana in accordance with R.S. 37:2351 et seq., or licensed to practice medical psychology in Louisiana in accordance with R.S. 37:1360.51 et seq., and who has been engaged in the practice of a clinical specialty for not less than three years.
(19) "Respondent" means a person alleged to be mentally ill or suffering from substance abuse and for whom an application for commitment to a treatment facility has been filed.
(20) "Restraint" means the partial or total immobilization of any or all of the extremities or the torso by mechanical means for psychiatric indications. Restraint does not include the use of mechanisms usually and customarily used during medical or surgical procedures, including but not limited to body immobilization during surgery and arm immobilization during intravenous administration. Restraint does not include orthopedic appliances used to posturally support the patient, such as posies.
(21) "Seclusion" means the involuntary confinement of a patient alone in a room, which the patient is physically prevented from leaving, for any period of time, except that seclusion does not include the placement of a patient alone in a room or other area for no more than thirty minutes at a time and no more than three hours in any twenty-four hour time period pursuant to behavior-shaping techniques such as "time-out".
(22) "Substance abuse" means the condition of a person who uses narcotic, stimulant, depressant, soporific, tranquilizing, or hallucinogenic drugs or alcohol to the extent that it renders the person dangerous to himself or others or renders the person gravely disabled.
(23) "Treatment" means an active effort to accomplish an improvement in the mental condition or behavior of a patient or to prevent deterioration in his condition or behavior. Treatment includes but is not limited to hospitalization, partial hospitalization, outpatient services, examination, diagnosis, training, the use of pharmaceutical, and other services provided for patients by a treatment facility.
(24) "Treatment facility" means any public or private hospital, retreat, institution, mental health center, or facility licensed by the state of Louisiana in which any mentally ill minor or minor suffering from substance abuse is received or detained as a patient except a facility under the control or supervision of the Department of Public Safety and Corrections unless otherwise provided in Title VIII of this Code.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1995, No. 1287, §2, eff. June 29, 1995; Acts 2006, No. 271, §1; Acts 2012, No. 489, §; Acts 2014, No. 811, §33, eff. June 23, 2014; Acts 2017, No. 369, §6; Acts 2022, No. 272, §1.
A. MHAS shall provide legal counsel to all patients who request such service and who are admitted for treatment pursuant to this Title, including but not limited to voluntary or involuntary admission, commitment, legal competency, change of status, transfer, and discharge.
B. MHAS shall provide legal counsel, as availability is determined by its executive director, to minors admitted for mental health or substance abuse treatment pursuant to the dispositional alternatives as provided in the other Titles of this Code, including but not limited to Titles VI and VIII.
C. Nothing in this Title shall be construed to prohibit a person with mental illness or respondent from being represented by privately retained counsel. If a MHAS attorney has been appointed by the court and the minor with mental illness or respondent secures his own counsel, the court shall discharge the MHAS attorney.
D. MHAS shall establish official rules and regulations for evaluating a client's financial resources, for the purpose of determining whether a client has the ability to pay for services received. A client found to have sufficient financial resources shall be required to pay in accordance with standards established by the executive director. An indigent client shall be provided legal counsel and representation without charge.
E. MHAS shall be empowered with all of the same rights and responsibilities to represent their clients whether appointed through the provisions of this Code or Title 28 of the Louisiana Revised Statutes of 1950. These rights include but are not limited to:
(1) A request for a judicial hearing pursuant to Article 1411.
(2) An independent medical examination as requested and approved by the MHAS executive director.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
A. The Child Advocacy Program, referred to hereafter in this Article as the "program", is hereby established within the Mental Health Advocacy Service authorized pursuant to R.S. 28:64.
B. The program shall provide qualified legal counsel to children in child abuse and neglect cases, subject to availability as determined by the director of the program, in those jurisdictions designated by the Louisiana Supreme Court and pursuant to Children's Code Article 560.
C. The program shall be governed by the board of trustees established pursuant to R.S. 28:64(A)(3).
D. The duties of the board of trustees shall include those enumerated in R.S. 28:64(C) and all of the following specific duties:
(1) To establish general policy guidelines for the operation of the program to provide legal counsel and representation for children in child abuse and neglect cases of this state in order to ensure that their legal rights are protected; however, the board shall not have supervisory power over the conduct of particular cases.
(2) To review and evaluate the operations of the program and emphasize special training for attorneys hired by the service.
(3) To review and approve an annual budget for the program.
(4) To review and approve an annual report on the operation of the program and submit such report to the legislature, the governor, and the chief justice of the Louisiana Supreme Court.
E. The duties of the director of the program shall include those enumerated in R.S. 28:64(E) and all of the following specific duties:
(1) To organize and administer a program to provide legal counsel and representation for children in child abuse and neglect cases subject to the approval of the board of trustees and in accordance with a plan for service delivery approved by the Louisiana Supreme Court.
(2) To identify the needs of children in child abuse and neglect cases for legal counsel and representation within the state and the resources necessary to meet those needs, subject to the approval of the board of trustees.
(3) To institute or cause to be instituted such legal proceedings as may be necessary to enforce and give effect to any of the duties or powers of the program.
(4) To hire and train attorneys and other professional and nonprofessional staff that may be necessary to carry out the functions of the program. All attorneys representing children through this program shall be licensed to practice law in Louisiana and be qualified in accordance with Louisiana Supreme Court Part J, Special Rules for Cases Involving the Protection of Children.
(5) To establish official rules and regulations for the conduct of work of the program, subject to the approval of the board of trustees.
(6) To take such actions as he deems necessary and appropriate to secure private and state, federal, or other public funds to help support the program, subject to the approval of the board of trustees.
(7) To have the ability to contract with organizations or individuals for the provision of legal services for children in child abuse and neglect cases, subject to the approval of the board of trustees and in accordance with a plan for service delivery approved by the Louisiana Supreme Court.
Acts 2014, No. 354, §1.
A. Any treatment facility, except a forensic facility, shall be selected with consideration for the following:
(1) Medical suitability.
(2) Least restriction of the minor's liberty.
(3) Nearness to the minor patient's usual residence.
(4) Financial status of the minor patient.
B. Treatment facilities include but are not limited to the following:
(1) Community mental health centers.
(2) Private clinics.
(3) Public or private halfway houses.
(4) Public or private group homes.
(5) Residential facilities for children.
(6) Public or private general hospitals.
(7) Public or private mental hospitals.
(8) Detoxification centers.
(9) Substance abuse clinics.
(10) Substance abuse inpatient facilities.
(11) Forensic facilities.
C. Judicial commitments may be made to any facility, except forensic facilities, which is listed in Paragraph B of this Article.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. Minor patients involuntarily hospitalized by emergency certificate for mental health treatment shall not be admitted to the following facilities:
(1) Private clinics.
(2) Public or private halfway houses.
(3) Public or private group homes.
(4) Substance abuse clinics.
(5) Forensic facilities.
(6) Residential facilities for children.
B. Minor patients in the custody of the Department of Public Safety and Corrections may be admitted to forensic facilities by emergency certificate provided that judicial commitment proceedings are initiated during the period of treatment at the forensic facility authorized by emergency certificate.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. Minor patients involuntarily hospitalized by emergency certificate for substance abuse treatment shall not be admitted to the following facilities:
(1) Private clinics.
(2) Public or private halfway houses.
(3) Public or private group homes.
(4) Forensic facilities.
(5) Residential facilities for children.
B. Judicial commitment or hospitalization by emergency certificate may be made to any facility listed in Article 1406(B), except forensic facilities, provided that such facility has a substance abuse inpatient operation maintained separate and apart from any mental health inpatient operation in such facility.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. Each minor patient has a right to care provided in a dignified and humane manner, and to such privacy as is possible consistent with the minor's treatment plan.
B. The confinement of a minor to an institution shall not of itself cause him to lose any of the rights enjoyed by citizens of Louisiana and of the United States. No minor patient shall be deprived of these rights except when the determination is made by an appropriate court.
C.(1) The minor patient in a treatment facility shall be permitted unimpeded, private, and uncensored communication with persons of his choice by mail, telephone, and visitation. These rights may be restricted by the director of the treatment facility if sufficient cause exists and is so documented in the minor's medical records. The minor's legal counsel, as well as his next of kin or responsible party, must be notified in writing of any such restrictions and the reasons therefor. When the cause for any restriction ceases to exist, the minor's full rights shall be reinstated. A minor shall have the right to communicate in any manner in private with his attorney at all times.
(2) The director of a treatment facility shall ensure that correspondence can be conveniently received and mailed, that telephones are reasonably accessible, and that space for visits is available. Writing materials, postage, and telephone usage funds shall be provided in reasonable amounts to minor patients who are unable to procure such items.
(3) Reasonable times and places for the use of telephones and for visits may be established in writing by the director of any treatment facility. However, the times and places established by the director must allow patients, at a minimum, reasonable daily communication by telephone and visitation. These rights may be restricted by the director of the treatment facility if sufficient cause exists and is so documented in the patient's medical records. The patient's legal counsel, as well as his next of kin or responsible party, must be notified in writing of any such restrictions and the reasons therefor. When the cause for any restriction ceases to exist, the patient's full rights shall be reinstated.
(4)(a) The director of any substance abuse treatment facility may restrict the visitation rights of a minor who is voluntarily admitted to such treatment facility for substance abuse treatment under provisions of this Title for the initial phase of treatment but no longer than seven days unless good cause exists to extend the restriction and is so documented in the patient's record. This restriction shall not apply to visitation by the minor's attorney, or if he is not represented by counsel, the MHAS attorney or the minor's minister. This restriction shall also not apply to the parent or legal guardian of a minor unless the director determines that good cause exists that such restriction shall be in the best interests of the minor and is so documented in the minor's record. When the facility director determines the need to restrict visitation of new minor patients, he shall post notice of such restriction in places prominent to all new admissions, and shall inform each new patient of the restriction prior to his admission and the length and duration thereof, and further that such restriction may be extended on an individual basis as determined to be in the minor's interest by the treatment staff with the concurrence of the medical director.
(b) Nothing herein shall be construed to further restrict other forms of patient communication by and to minor patients as permitted in this Article nor shall this restriction apply to mental health treatment facilities.
D. Physical restraints or seclusion shall only be used to prevent a minor patient from physically injuring himself or others. Physical restraints or seclusion may not be used to punish or discipline a patient or used as a convenience to the staff of the treatment facility. Restraint and seclusion shall be used only in accordance with the following standards:
(1) Restraint or seclusion shall only be used when verbal intervention or less restrictive measures fail. Use of restraint or seclusion shall require documentation in the patient's record of the clinical justification for such use as well as the inadequacy of less restrictive intervention techniques.
(2) A written order from a physician or a psychologist acting within the scope of his institutional privileges shall be required for any use of restraint or seclusion. If, however, no physician or psychologist is immediately available, a registered nurse who has been trained in management of disturbed behavior may utilize restraint or seclusion. The nurse or the nursing supervisor shall then immediately notify a physician or a psychologist with institutional authority to order seclusion and provide him with sufficient information to determine whether restraints or seclusion are necessary and whether less restrictive interventions have been tried or considered. The physician or psychologist may then issue a telephone order for seclusion or restraint, if such order is indicated.
(3) Written orders for the use of restraint or seclusion shall be time limited and not more than twelve hours in duration. The written order shall include the date and time of the actual examination of the patient, the date and time that the patient was placed in restraint or seclusion, and the date and time that the order was signed.
(4) A renewal order for up to twelve hours of restraint or seclusion may be issued by a physician or a psychologist with institutional authority to order seclusion or restraint after determining that there is no less restrictive means of preventing injury to the patient or others. If any patient is held in restraint or seclusion for twenty-four hours, the physician or psychologist with institutional authority shall conduct an actual examination of the patient and document the reason why the use of seclusion or restraint beyond twenty-four hours is necessary, and the parent, tutor, or caretaker shall be notified by the twenty-sixth hour.
(5) Staff who implement written orders for restraints and seclusion shall have documented training in the proper use of the procedure for which the order was written.
(6) Periodic monitoring and care of the patient shall be provided by responsible staff. A patient in restraint or seclusion shall be evaluated every fifteen minutes, especially in regard to regular meals, water, and snacks, bathing, the need for motion and exercise, and use of the bathroom, and documentation of these evaluations shall be entered in the patient's record.
(7) Patients shall be released from restraint or seclusion as soon as the reasons justifying the use of restraints or seclusion subside. If at any time during the period of restraint or seclusion a registered nurse determines that the emergency which justified the seclusion or restraint has subsided and a physician or psychologist is not immediately available, the patient shall be released. At the end of the period of restraint or seclusion ordered by the physician or psychologist the patient shall be released unless a renewal order is issued.
(8) Mechanical restraints shall be designed and used so as not to cause physical injury to the patient and so as to cause the least possible discomfort.
(9) Facilities using seclusion or restraint shall have written policies concerning their use. These policies shall include standards and procedures for placing a patient in seclusion or restraint, and for informing him of the reason he was put in seclusion or restraint and the means of terminating such seclusion or restraint.
(10) Nothing in this Article shall be construed to expand the scope of practice of psychology as defined in R.S. 37:2351 et seq. to authorize the ordering, administering, or dispensing of medications, or to authorize any practice not permitted under the privileges granted by the institution.
(11) The department shall adopt rules and regulations in accordance with the Administrative Procedure Act to govern the use of seclusion and restraint. Such rules and regulations shall respect the minor patient's individual rights, protect the minor patient's health, safety, and welfare, and be the least restrictive of the minor patient's liberty. The department shall adopt rules and regulations to provide for enforcement procedures and penalties applicable to a person who violates the requirements of this Section.
E. A patient may be placed alone in a room or other area pursuant to behavior shaping techniques such as "time-out". Such placement may only be used as part of a written treatment plan, shall not be used for the convenience of staff, and may be used only according to the following standards and procedures:
(1) Placement alone in a room or other area shall be imposed only when less restrictive measures are inadequate.
(2) Placement alone in a room or other area shall only be ordered by a qualified professional trained in behavior-shaping techniques and authorized in accordance with written policies and procedures of the facility to order the use of behavior-shaping techniques.
(3) The period of placement alone in a room or other area shall not exceed thirty minutes.
(4) The patient shall be observed and supervised by a staff member.
(5) The period of placement alone in a room or other area shall not exceed a total of three hours in any twenty-four hour time period. If the placement alone in a room or other area exceeds a total of three hours in any twenty-four hour time period, it shall then be considered seclusion and shall be governed by the procedures and standards set forth in Paragraph D of this Article.
(6) The date, time, and duration of the placement shall be documented.
(7) In treatment facilities where patients are placed alone in a room or other area as a behavior-shaping technique, there shall be written policies and procedures governing use of such behavior-shaping technique.
F. No minor patient confined by emergency certificate, judicial commitment, court order, or noncontested status shall receive major surgical procedures or electroshock therapy without the written consent of a court of competent jurisdiction after a hearing. However, if the director of the treatment facility, in consultation with two physicians, determines that the condition of the minor is of such a critical nature that it may be life-threatening unless major surgical procedures or electroshock therapy are administered, such emergency measures may be performed without the consent otherwise provided for in this Paragraph. No physician shall be liable for a good faith determination that a medical emergency exists.
G. Every minor patient shall have the right to wear his own clothes and keep and use his personal possessions, including toilet articles, unless determined by a physician that these are medically inappropriate and the reasons therefor are documented in his medical record. The minor shall also be allowed to spend a reasonable sum of his own money for canteen expenses and small purchases, and to have access to individual storage spaces for his private use. If the minor is financially unable to provide these articles for himself, the treatment facility shall provide a reasonable supply of clothing and toiletries.
H. The following rules shall govern performance of work by minor patients:
(1) No minor shall be required to perform work of any kind that involves the operation and maintenance of an institution, nor shall privileges or release from an institution be conditioned upon performance of any work, except as follows:
(a) A minor patient may be required to perform vocational training tasks, provided each task is:
(i) Part of the minor's individual treatment plan and has been approved as a program activity by a professional responsible for supervising the program.
(ii) Supervised by a qualified professional.
(iii) Not continued for longer than six months, unless it is specifically reinstated by the minor's treatment plan.
(b) A minor patient may be required to perform without compensation such housekeeping tasks as would be performed by a minor in a natural home, foster home, or group home, provided that nothing in the minor's individual treatment plan forbids such work. In no case, however, may a minor be required to perform housekeeping tasks for more than twelve other people.
(2) A minor may voluntarily engage in work during nonprogram hours, provided that:
(a) The minor's individual treatment plan does not forbid it.
(b) The particular work has been approved by the qualified professional responsible for supervising the implementation of the minor treatment plan.
(c) The particular work is supervised by qualified staff.
(d) The conditions of employment and the compensation are in full compliance with all applicable federal laws.
(3) No minor patient shall be involved in the care, feeding, clothing, training, or supervision of other minors unless the qualified professional responsible for supervising the implementation of the treatment plan certifies in writing in the minor's record that the particular task will not in any way endanger the life or health or be detrimental to the development of the particular children who receive such care or of the minor patient providing it.
I. Under appropriate supervision, each minor patient shall be provided with suitable opportunities for interaction with members of the opposite sex, except where a qualified professional responsible for the formulation of a particular minor's treatment plan writes an order to the contrary and explains the reasons therefor.
J. Every minor patient shall have the right to be discharged from a treatment facility when his condition has changed or improved to the extent that confinement and treatment at the treatment facility are no longer required. The director of the treatment facility shall have the authority to discharge a patient admitted by judicial commitment pursuant to Chapter 9 of this Title without the approval of the court which committed him to the treatment facility. The court shall be advised of any such discharge. The director shall not be legally responsible to any person for the subsequent acts of behavior of a patient discharged by him in good faith.
K. Every minor patient shall have the right to engage a private attorney. If the minor is indigent, he shall be provided an attorney by the MHAS, if he so requests. The attorneys provided by the MHAS or appointed by a court shall be interested in and qualified by training or experience, or both, in the field of mental health statutes and jurisprudence.
L. Every minor patient shall have the right to request a court hearing pursuant to Article 1411. The purpose of the hearing shall be to determine whether or not he should be discharged from the treatment facility or transferred to a less restrictive and medically suitable treatment facility.
M. No provision hereof shall abridge or diminish the right of any minor patient to avail himself of the right of habeas corpus at any time.
N. Every minor patient shall have the right to be visited and examined at his own expense by a physician designated by him, a member of his family, or an interested party. The physician may consult and confer with the medical staff of the treatment facility and have the benefit of all information contained in the patient's medical record.
O. Prefrontal lobotomy shall be prohibited as a treatment solely for medical or emotional illness of a minor patient.
P. No medication shall be administered to a minor patient unless a written order of a physician prescribes it in writing. The physician is responsible for all medications which he has ordered and which are administered to a minor patient. The medication prescribed shall be noted in the minor patient's records. At least monthly, the attending physician shall review the drug regimen of each minor patient under his care. All prescriptions shall be written with a termination date, which shall not exceed thirty days. The minor's records shall state the effects of psychoactive medication on him. Unnecessary or excessive medication shall not be administered to any minor patient. Medication shall not be used as punishment, for the convenience of staff, as a substitute for a treatment program, or in quantities that interfere with the minor's treatment program. No medication shall be administered except by persons who have been appropriately trained.
Q. A minor patient admitted to a treatment facility has the right to an individualized treatment plan and periodic review to determine his progress. The appropriate staff of the facility shall review the minor's progress at least at intervals of thirty days. The staff shall enter into the minor's medical record his response to medical treatment, his current mental status, and specific reasons why continued treatment is necessary in the current setting or whether a treatment facility is available which is medically suitable and less restrictive of the minor patient's liberty.
R. A minor patient admitted to a treatment facility has the right to have available such treatment as is medically appropriate to his condition. Should the treatment facility be unable to provide an active and appropriate medical treatment program, the minor shall be discharged.
S. Each minor patient shall have the right to receive prompt and adequate medical treatment for any physical ailments and for the prevention of any illness or disability. Such medical treatment shall meet the standards of medical practice in the community.
T. The institution shall prohibit the mistreatment, neglect, or abuse of any child in any way.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1995, No. 436, §2; Acts 1995, No. 1287, §2, eff. June 29, 1995; Acts 1997, No. 985, §2; Acts 2018, No. 206, §6; Acts 2024, No. 92, §1.
A. Alleged violations of the rights established by Article 1409 shall be reported immediately to the superintendent and there shall be a written record that:
(1) Each alleged violation has been thoroughly investigated and findings stated.
(2) The results of such investigation were reported to the superintendent within twenty-four hours of the report of the incident.
B. Abuse or neglect of any child shall be reported to a child protection agency in accordance with Chapter 5 of Title VI.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A minor or his attorney shall have the right to demand a hearing to determine whether the minor should receive treatment on an inpatient basis, be discharged from the treatment facility, or placed in a less restrictive setting.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. The petition shall be filed in the court of the jurisdiction in which the patient is confined or, if the minor is currently under a disposition by a juvenile court, the hearing shall be held in that juvenile court.
B. The hearing shall be held in that court and no other except for good cause shown.
C. The judge of the court where the petition was filed may hold the hearing at the treatment facility where the minor is confined, if in the opinion of the director of the treatment facility it will be detrimental to the patient's health, welfare, or dignity to travel to the court where the petition was filed.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
The hearing shall be held within five days of the filing of the petition.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1997, No. 612, §3.
A. Witnesses and evidence tending to show that the child needs to be in a treatment facility shall be presented first.
B. Counsel for the child shall have the opportunity to present evidence and to cross-examine witnesses.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
If the court finds by clear and convincing evidence that the minor has a mental illness or suffers from substance abuse of such severity that hospitalization is necessary and that he can benefit from inpatient treatment, it shall order his continued confinement in a designated treatment facility which is medically suitable and least restrictive of his liberty.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. Complete records for each minor shall be maintained and all information contained in a minor patient's records shall be considered privileged and confidential and shall not be disclosed except as provided herein.
B. A minor patient's record shall be readily available to both the qualified professionals and the residential care workers who are directly involved with the minor.
C. The parent or tutor of the minor shall be permitted access to his records. These records shall include:
(1) Identification data, including the minor's legal status.
(2) The minor's history, including but not limited to:
(a) Family data, educational background, and employment record.
(b) Prior medical history, both physical and mental, including prior institutionalization.
(3) The minor patient's grievances if any.
(4) An inventory of the minor's life skills.
(5) A record of each physical examination describing the results of the examination.
(6) A copy of the minor's individual plan and any modifications thereto and an appropriate summary to guide and assist resident care workers in implementing the minor's program.
(7) The findings made in periodic reviews of the plan, including an analysis of the successes and failures of the minor patient's program and recommendations for any modifications deemed necessary.
(8) A copy of the post-institutionalization plan and any modifications thereto, and a summary of the steps that have been taken to implement that plan.
(9) History and present status with respect to medication.
(10) A summary of each significant contact with the minor by a qualified professional.
(11) A summary of the minor patient's response to his program, prepared by a qualified professional involved in his treatment and recorded at least monthly. Such response wherever possible, shall be scientifically documented.
(12) A signed order by a qualified professional for any physical restraints or seclusion, and documentation of the clinical justification for the use of restraints, seclusion, and placement as required by Articles 1409(D) and (E).
(13) A description of any extraordinary incident or accident in the institution involving the minor, to be entered by a staff member noting personal knowledge of the incident or accident or other source of information, including any reports of investigations of mistreatment of the child, as required by Article 1410.
(14) A summary of family visits and contacts.
(15) A summary of attendance and leaves from the institution.
(16) A record of any seizures, illnesses, treatments thereof, and immunizations.
D. Any attorney representing a minor with mental illness or a respondent as defined herein shall have ready access to view and copy all mental health and developmental disability records pertaining to his client unless the client objects. The attorney shall return all copies of his client's medical record to the treatment facility upon completion of their use. If the patient or respondent later retains a private attorney to represent him, the MHAS shall destroy all copies of records pertaining to his case.
E. Any respondent or minor with a mental disability shall have the right to demand that the records in the possession of his attorney regarding his mental condition be destroyed or returned to the treatment facility and he shall have the right to assurance by the director that such records have been so destroyed by the MHAS attorney.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1995, No. 1287, §2, eff. June 29, 1995; Acts 2014, No. 811, §33, eff. June 23, 2014.
A. Each court shall keep a record of the cases relating to minors with mental illness coming before it under this Title and the disposition of them. It shall also keep on file the original petition and certificates of physicians required by this Chapter, or a microfilm duplicate of such records.
B. All records maintained in the courts under the provisions of this Article shall be sealed and available only to the respondent or his attorney unless the court, after a hearing held with notice to the respondent, determines such records should be disclosed to a petitioner for cause shown.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
Any licensed physician who acts pursuant to the provisions of this Title, including execution of an emergency certificate, shall be held to that degree of skill and care ordinarily employed under similar circumstances by members of his profession in good standing in the same community or locality and using reasonable care and diligence with his best judgment in the application of his skill.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. Any licensed physician exercising that degree of skill and care ordinarily employed under similar circumstances by members of his profession in good standing in the same community or locality and using reasonable care and diligence with his best judgment in the application of his skill, shall not be held civilly liable or subject to criminal prosecution for acts arising from his medical opinions, judgments, actions, or duties pursuant to any of the provisions of this Title.
B. Any person who acts in good faith to assist in the apprehension or taking into protective custody and examination of a minor patient will not be subject to civil or criminal penalties. However, a person who willfully advises or participates in the making of a false application or certificate shall be imprisoned with or without hard labor for not more than two years or fined not more than ten thousand dollars, or both.
C. Any apprehension or taking into protective custody and confinement made by law enforcement officers, ordered by a court or upon the certificate of a physician under the procedures provided in this Title, is hereby declared to be an administrative act relative to the functions of their office, as required by law, and for which act they are specifically granted personal immunity, but not thereby relieved of their official responsibilities.
D. Coroners and assistant coroners who act in good faith to order persons to be taken into protective custody and transported for examination in accordance with Article 1432 shall not be civilly liable for damages to such persons resulting from those actions.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
A. A minor with mental illness or a minor suffering from substance abuse may be admitted and detained at a treatment facility for observation, diagnosis, and treatment for a period not to exceed fifteen days under an emergency certificate.
B. A minor suffering from substance abuse may be detained at a treatment facility for one additional period, not to exceed fifteen days, provided that a second emergency certificate is executed. A second certificate may be executed only if and when a physician at the treatment facility and any other physician have examined the detained minor within seventy-two hours prior to the termination of the initial fifteen-day period and certified in writing on the second certificate that the minor remains dangerous to himself or others or gravely disabled, and that his condition is likely to improve during the extended period. The director shall inform the minor patient of the execution of the second certificate, the length of the extended period, and the specific reasons therefor, and shall also give notice of the same to the minor's nearest relative or other designated responsible party initially notified pursuant to Article 1428.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
Any physician, family psychiatric mental health nurse practitioner, or psychologist may execute an emergency certificate only after an actual examination of a minor alleged to be mentally ill or suffering from substance abuse who is determined to be in need of immediate medical treatment in a treatment facility because the examining physician, family psychiatric mental health nurse practitioner, or psychologist determines him to be dangerous to himself or others or to be gravely disabled. Failure to conduct an examination prior to the execution of the certificate will be evidence of gross negligence.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2012, No. 489, §1.
A. The emergency certificate shall state all of the following:
(1) The date the physician, family psychiatric mental health nurse practitioner, or psychologist examined the minor, which shall not be more than seventy-two hours prior to the date of the signature of the certificate.
(2) The objective findings of the physician, family psychiatric mental health nurse practitioner, or psychologist relative to the physical and mental condition of the minor, leading to the conclusion that he is dangerous to himself or others or is gravely disabled as a result of substance abuse or mental illness.
(3) The history of the case, if known.
(4) The determination of whether the minor examined is in need of immediate psychiatric treatment in a treatment facility because he is either:
(a) Dangerous to himself.
(b) Dangerous to others.
(c) Gravely disabled.
(5) A statement that the minor is unwilling or unable to seek voluntary admission.
B. The certificate shall be dated and executed under the penalty of perjury, but need not be notarized. The certificate shall be valid for seventy-two hours and shall be delivered to the director of the treatment facility where the person is to be further evaluated and treated.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2012, No. 489, §1.
A. Upon admission of any minor by emergency certificate to a treatment facility, it shall be the duty of the director of the treatment facility immediately to notify the coroner of the parish in which the treatment facility is located of the admission, giving the following information if known:
(1) The minor's name, address, date of birth.
(2) Name of certifying physician, family psychiatric mental health nurse practitioner, or psychologist.
(3) Date and time of admission.
(4) The name and address of the treatment facility.
B. Within seventy-two hours of admission, the minor patient shall be independently examined by the coroner or his deputy who shall execute an emergency certificate pursuant to Article 1422, which shall be a necessary precondition to the person's continued confinement.
C. However, in the event that the coroner has made the initial examination and executed the first emergency commitment certificate, then a second examination shall be made within the seventy-two hour period set forth in this Article by any physician at the treatment facility where the minor patient is confined.
D. If from his examination the coroner concludes that the minor is not a proper subject for emergency admission, then the minor shall not be further detained in the treatment facility and shall be discharged by the director forthwith.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2012, No. 489, §1.
A. In making either the initial examination or the second examination, when the coroner or his deputy examines the patient and executes an emergency certificate and a reexamination of the minor and reexecution of a certificate is necessary for any reason to insure the validity of the certificate, both the first examiner and the reexaminer shall be entitled to a fee for the service, unless they are one and the same.
B. When a minor patient is confined in a treatment facility other than a state mental institution, the examining coroner in the parish where the minor is confined shall be entitled to the usual fee paid for this service to the coroner of the parish in which the patient is domiciled or residing.
C. When a minor patient is confined in a state mental institution in a parish other than his parish of domicile or residence, the examining coroner shall be entitled to the fee authorized by law in his parish for the service.
D. In either case, the fee shall be paid and accurate records of such payments kept by the governing authority of the parish in which the minor patient is domiciled or residing from parish funds designated for the purpose of payment to the coroner.
E. All coroners shall keep accurate records showing the number of patients confined in their parishes pursuant to this Article.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
Upon admission by emergency certificate, a patient may request the director of the treatment facility to advise the executive director of MHAS of his admission and may request representation.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. Prior to or during confinement under the provisions of this Title, any minor or his attorney shall have the right to demand a judicial hearing to determine if probable cause exists for his continued confinement under an emergency certificate.
B. The hearing shall be held within five days of the filing of the petition.
C. Pending the decision of the court, the minor patient shall remain confined unless the court orders release or a less restrictive status.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. An emergency certificate shall constitute legal authority to transport a patient to a treatment facility and shall permit the director of such treatment facility to detain the minor patient for diagnosis and treatment for a period not to exceed fifteen days, and to return him to the facility if he is absent with or without permission during authorized periods of detention.
B. If necessary, peace officers shall apprehend and transport, or ambulance services, under appropriate circumstances, may locate and transport a minor patient on whom an emergency certificate has been completed to a treatment facility at the request of either the director of the facility, the certifying physician, the minor's next of kin or tutor, or the agency legally responsible for his welfare.
C.(1) In addition to other persons authorized by this Article to transport to a treatment facility a child in whose name an emergency certificate has been issued, any of the following persons may also accompany the child during such transportation:
(a) A parent, including a foster parent, subject to the conditions of Subparagraph (2) of this Paragraph.
(b) A legal guardian.
(c) A Department of Children and Family Services case worker.
(2) A biological parent of a child in foster care shall accompany the child only if approved by the Department of Children and Family Services.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2016, No. 642, §1.
A. The director of the treatment facility shall notify the minor's nearest relative, if known, or designated responsible party, if any, in writing of the minor's admission by emergency certificate as soon as reasonably possible.
B. Within seventy-two hours after an admission of any minor to a treatment facility by emergency certificate, copies of the physician's and coroner's emergency certificates shall be delivered by the facility by personal delivery, email, or facsimile to the MHAS office located nearest to the treatment facility.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2024, No. 92, §1.
A. If the minor patient admitted to a treatment facility pursuant to this Chapter is a proper candidate for judicial commitment pursuant to Chapter 9 of this Title, the director of the treatment facility, or any interested party, may apply for such commitment under provisions of Chapter 9 of this Title.
B. Such a minor patient, hospitalized on an emergency certificate, for whom a petition for judicial commitment has been filed in court may continue to be detained for a further period on order of the court.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. Every minor patient admitted by emergency certificate shall be informed in writing at the time of his admission of the procedures of requesting release from the treatment facility, the availability of counsel, information about MHAS, the rights enumerated in Chapter 3 of this Title, and the rules and regulations applicable to or concerning his conduct while a patient is in the treatment facility.
B. If the minor is illiterate or does not read or understand English, appropriate provisions should be made to supply him this information.
C. In addition, a copy of the information mentioned in this Article must be posted in any area where patients are confined and treated.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. Upon the request of a credible adult who is financially unable to afford a private physician or who cannot immediately obtain an examination by a physician, the parish coroner may render, or the coroner or a judge of a court of competent jurisdiction may cause to be rendered by a physician, an actual examination of a minor alleged to be mentally ill or suffering from substance abuse and in need of immediate medical treatment because he is dangerous to self or others or gravely disabled. If the coroner is not a physician he may deputize a physician to perform this examination.
B. Failure to render an actual examination prior to execution of the emergency certificate shall be evidence of gross negligence.
C. To accomplish the examination authorized by this Article, if the coroner or the judge is apprehensive that his own safety or that of the deputy or other physician may be endangered thereby, he shall issue a protective custody order pursuant to Chapter 8 of this Title.
D. If the examining physician determines that the provisions of this Article are met, he shall execute an emergency certificate and shall transport or cause to be transported the minor named in the emergency certificate to a treatment facility in accordance with the provisions of Article 1427.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2016, No. 642, §1.
A. Any parish coroner or judge of a court of competent jurisdiction may order a minor to be taken into protective custody and transported to a treatment facility or the office of the coroner for immediate examination when a peace officer or other credible person executes a statement under private signature specifying that, to the best of his knowledge and belief, the minor is mentally ill or suffering from substance abuse and is in need of immediate treatment to protect the minor patient or others from physical harm. The statement may include the following information:
(1) A statement of facts, including the affiant's observations leading to the conclusion that the minor is mentally ill or suffering from substance abuse and dangerous to himself or others or gravely disabled.
(2) The date and place of any dangerous acts or threats.
(3) The name and surname, if known, of any other person who is in danger.
(4) Facts showing that the minor sought has been encouraged to seek treatment and is unwilling to be evaluated on a voluntary basis.
(5) Facts showing that the affiant has attempted to contact a specific treatment facility or a specific physician in order to obtain an examination of the minor sought to be treated.
B. The order for custody shall be in writing, in the name of the state of Louisiana, signed by the judge or parish coroner, and shall state all of the following:
(1) The date and hour of issuance and the municipality or parish where issued.
(2) The name of the minor to be taken into custody or, if his name is not known, a designation of the minor by any name or description by which he can be identified with reasonable certainty.
(3) A description of the acts or threats which have led to the belief that the minor is mentally ill or suffering from substance abuse and is in need of immediate hospitalization to protect the person or others from physical harm.
(4) That the minor shall be taken to a community mental health center, a public or private general hospital, a public or private mental hospital, coroner's office, or a detoxification center.
C. The order for custody shall be effective for seventy-two hours from its issuance and shall be delivered to the coroner or director of the treatment facility by the individual who has transported the minor. The date and hour that the minor is taken into protective custody shall be written on the order. Without delay, and in no event more than twelve hours after being taken into protective custody, the minor shall be delivered to a treatment facility or the office of the coroner or he shall be released. Upon arrival, the minor in custody shall be examined immediately by the coroner or, if at a treatment facility, by a physician, preferably a psychiatrist, who shall determine if the minor shall be voluntarily admitted, admitted by emergency certificate, admitted as a noncontested admission, or discharged. The minor in custody shall be examined within eight hours of his arrival at the treatment facility or coroner's office or he shall be released.
D.(1) Any person removing a minor from a school pursuant to this Article shall provide the following information about the minor to a school administrator:
(a) First and last name.
(b) Address.
(c) Date of birth.
(2) The provisions of this Paragraph shall not apply to an arrest for which there is probable cause.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2022, No. 324, §1.
A. A peace officer or a peace officer accompanied by an emergency medical service trained technician may take a minor into protective custody and transport him to a treatment facility for a medical evaluation when, as a result of his personal observation, the peace officer or emergency medical service technician has reasonable grounds to believe the minor is a proper subject for involuntary admission to a treatment facility because he is acting in a manner dangerous to himself or dangerous to others, is gravely disabled, and is in need of immediate hospitalization to protect the minor or others from physical harm.
B. The minor may only be transported to one of the following:
(1) A community mental health center.
(2) A public or private general hospital.
(3) A public or private mental hospital.
(4) A detoxification center.
(5) A substance abuse clinic.
(6) A substance abuse inpatient facility.
C. Upon arrival at the treatment facility, the escorting peace officer shall then be relieved of any further responsibility and the minor shall be immediately examined by a physician, preferably a psychiatrist, who shall determine if the minor shall be voluntarily admitted, admitted by emergency certificate, or discharged.
D. In the case of a minor suffering from substance abuse and where any of the facilities stated in Paragraph B of this Article are unavailable, the peace officer and emergency medical service technician may use whatever means or facilities available to protect the health and safety of the minor suffering from substance abuse until such time as any of the above facilities become available. In taking a minor into protective custody, the peace officer and emergency medical service technician may take reasonable steps to protect themselves. A peace officer or emergency medical service technician who acts in compliance with this Article is acting in the course of his official duty and cannot be subjected to criminal or civil liability as a result thereof.
E. Under the provisions of this Article no minor shall be placed in protective custody for a period in excess of seventy-two hours. Any minor placed in protective custody under the provisions of this Article shall be considered as an inmate for maintenance purposes only.
F.(1) Any person removing a minor from a school pursuant to this Article shall provide the following information about the minor to a school administrator:
(a) First and last name.
(b) Address.
(c) Date of birth.
(2) The provisions of this Paragraph shall not apply to an arrest for which there is probable cause.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2022, No. 324, §1.
A. Any adult may file with the court a petition which asserts his belief that a minor is suffering from mental illness which contributes or causes him to be a danger to himself or others or to be gravely disabled, or is suffering from substance abuse which contributes or causes the minor to be a danger to himself or others or to be gravely disabled, and may thereby request a hearing.
B. The petition shall contain the facts which are the basis of the assertion and provide the minor respondent with adequate notice and knowledge relative to the nature of the proceedings.
C. A petitioner who is unable to afford an attorney may seek the assistance of any legal aid society or similar agency if available.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. The petition may be filed in the judicial district in which the minor respondent is confined or, if not confined, in the judicial district where he resides or may be found.
B. Before the hearing, the minor respondent may move for a change of venue to the parish of his domicile, which motion shall be granted only for compelling reasons. If the minor respondent is confined to a hospital, the judge of the court where the petition was filed may hold the hearing on such commitment at the treatment facility where he is confined, if in the opinion of at least one of the physicians appointed by the court to examine him, it will be detrimental to the minor's health, welfare, or dignity to travel to the court where the petition was filed.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. Upon the filing of the petition, the court shall assign a time, not later than eighteen calendar days thereafter, and a place for a hearing upon the petition and shall cause reasonable notice thereof to be delivered at least ten days prior to the hearing to the minor, the minor's attorney, the petitioner, and the Louisiana Department of Health, bureau of legal services.
B. The notice shall inform the minor of the right to be present at the hearing; the right to counsel and, if indigent or otherwise qualified, the right to have counsel appointed from the MHAS; and the right to call and cross-examine witnesses testifying at any hearing on the petition.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2024, No. 92, §1.
A. As soon as practical after the filing of the petition, the court shall review the petition and supporting documents and determine whether there exists probable cause to believe that the minor respondent is suffering from mental illness which contributes or causes him to be a danger to himself or others, or to be gravely disabled, or is suffering from substance abuse which contributes or causes him to be a danger to himself or others or to be gravely disabled.
B. If the court determines that probable cause exists, the court may appoint the minor respondent's treating physician if available or, if none, then another physician, preferably a psychiatrist, to examine the minor and make a written report to the court and respondent's attorney on the form provided by the office of behavioral health of the Louisiana Department of Health.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2013, No. 220, §25, eff. June 11, 2013.
A. Any report ordered pursuant to Article 1437 shall set forth specifically the objective factors leading to the conclusion that the minor has a mental illness or suffers from substance abuse, the actions or statements by the person leading to the conclusion that the mental illness or substance abuse causes the minor to be dangerous to himself or others or to be gravely disabled and in need of immediate treatment as a result of such illness or abuse, and why involuntary confinement and treatment are indicated.
B. The following criteria should be considered by the physician:
(1) The minor is suffering from serious mental illness which contributes or causes him to be dangerous to himself or others or to be gravely disabled or from substance abuse which contributes or causes him to be dangerous to himself or others or to be gravely disabled.
(2) The minor's condition is likely to deteriorate needlessly unless he is provided appropriate medical treatment.
(3) The minor's condition is likely to improve if he is provided appropriate medical treatment.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. The minor respondent or his attorney shall have the right to seek an additional independent medical opinion, when necessary, in their discretion.
B. If the respondent is indigent, this opinion may be paid for by the MHAS, upon the approval of its executive director.
C. Reasonable compensation of the appointed examining physicians and all court costs shall be established by the court and ordered paid by the minor respondent or the petitioner in the discretion of the court. If it is determined by the court that the costs shall not be borne by the minor respondent or the petitioner, then compensation to the physicians and all court costs shall be paid from funds appropriated to the judiciary, but such court costs shall not exceed the sum of seventy-five dollars.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. If the minor respondent refuses to be examined by the court appointed physician as herein provided or if the judge, after reviewing the petition and an affidavit filed pursuant to Article 1432, the report of the treating physician, or the court-appointed physician, finds that the minor is mentally ill or suffering from substance abuse and is in need of immediate hospitalization to protect himself or others from physical harm, or that the minor respondent's condition may be markedly worsened by delay, then the court may issue a court order for custody of the minor and a peace officer shall deliver him to a treatment facility designated by the court.
B. The court shall also issue an order to the treatment facility authorizing detention of the minor until the commitment hearing is completed, unless he is discharged by the director.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. Unless the minor is currently hospitalized or under an emergency certificate, he shall be allowed to remain in his home or other place of residence pending an ordered examination and to return to his home or other place of residence upon completion of the examination.
B. An examining physician may execute an emergency certificate pursuant to Article 1422 if he deems that action appropriate. In such a case, the respondent shall be admitted pursuant to Article 1420 pending the hearing on the petition.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. The court shall provide the minor respondent a reasonable opportunity to select his own counsel. In the event he does not select counsel and is unable to pay for counsel or in the event counsel selected by him refuses to represent said minor or is not available for such representation, then the court shall appoint counsel for him provided by the MHAS.
B. Reasonable compensation of appointed counsel shall be established by the court and may be ordered paid by the minor respondent or petitioner in the discretion of the court if either is found financially capable. If it is determined by the court that the costs shall not be borne by the respondent or the petitioner, then compensation to the attorney shall be paid from funds appropriated to the judiciary.
C. The minor respondent shall have the right to privately retained and paid counsel at any time. However, all minor respondents must be represented by counsel as early as possible in every proceeding. If attorneys are available through the MHAS, the court shall contact the MHAS and request the assignment of an attorney who will be appointed.
D. In cases where the service is unable to provide representation, the court shall select and appoint an attorney to represent the minor respondent, whose fee shall be set by the court.
E. An attorney appointed by a court to represent a minor respondent pursuant to this Chapter has a continuing duty toward that minor even after admission. That duty shall include but not be limited to follow-up investigation of the circumstances of the person and representation in subsequent proceedings relating to admission, status, and discharge. The duty shall continue until it is terminated by the court making the appointment.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
On the day appointed, the hearing shall take precedence over all other matters, except pending cases of the same type.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
The court shall conduct the hearing in as formal a manner as is possible under the circumstances and shall admit evidence according to the usual rules of evidence.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. Witnesses and evidence tending to show that the minor who is the subject of the petition is a proper subject for judicial commitment shall be presented first.
B. The minor respondent or his counsel shall have the right to present evidence and cross-examine witnesses who may testify at the hearing.
C. If the minor respondent or his attorney notified the court not less than three days before the hearing that he wishes to cross-examine the examining physicians, the court shall order such physicians to appear in person or by deposition.
D. If the minor respondent is present at the hearing and is medicated, the court shall be informed of the medication and its common effects.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. The court shall cause a recording of the testimony of the hearing to be made, which shall be transcribed only in the event of an appeal from the judgment.
B. A copy of such transcript shall be furnished without charge, to any appellant whom the court finds unable to pay for the same.
C. The cost of such transcript shall be paid from funds appropriated to the judicial department.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. If the court finds by clear and convincing evidence that the minor respondent is dangerous to himself or others or is gravely disabled as a result of substance abuse or mental illness, it shall render a judgment for his commitment to a designated treatment facility which is medically suitable and least restrictive of his liberty.
B. The court order shall order a suitable person to convey the minor to the treatment facility and deliver respondent, together with a copy of the judgment and certificates, to the director.
C. In appointing a person to execute the order, the court should give preference to a near relative or friend of the minor.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. The director shall notify the court in writing when a minor patient has been discharged or conditionally discharged.
B. The court may, if it finds it to be in the best interests of the minor, revoke the certificate or judgment of commitment.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
Notice of any action taken by the court shall be given to the minor respondent and his attorney as well as to the director of the designated treatment facility in such manner as the court concludes would be appropriate under the circumstances.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. Every minor patient admitted by judicial commitment shall be informed in writing at the time of his admission of the procedures for requesting release from the treatment facility, the availability of counsel, information about the MHAS, the rights enumerated in Article 1409, and the rules and regulations applicable to or concerning his conduct while a patient in the treatment facility.
B. If the minor patient is illiterate or does not read or understand English, appropriate provisions should be made to supply him this information.
C. In addition, a copy of the information listed in this Article must be posted in any area where patients are confined and treated.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. No director of a treatment facility shall prohibit any minor with mental illness or minor suffering from substance abuse from applying for conversion of involuntary or emergency admission status to voluntary admission status.
B. Any minor patient on an involuntary admission status shall have the right to apply for a writ of habeas corpus to have his admission status changed to voluntary status.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
A. All judicial commitments, except those for alcoholism, shall be reviewed by the court issuing the order for commitment every ninety days.
B. A commitment for alcoholism shall expire after forty-five days and the minor patient, if not converted to a voluntary status, shall be discharged, unless the court, upon application by the director of the treatment facility, finds that continued involuntary treatment is necessary and orders the minor patient recommitted for a period not to exceed sixty days; provided, that not more than two such sixty-day recommitments may be ordered in connection with the same continuous confinement.
C. All judicial commitments involving a minor patient who has been found not guilty by reason of insanity or who has been found to lack the capacity to proceed, shall be reviewed in the manner as set forth in Title VIII.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1997, No. 985, §2.
A. The director of the treatment facility to which the minor has been judicially committed shall issue reports to the court at the intervals provided in Article 1452, setting forth the minor patient's response to the treatment, his current condition, and the reasons why continued involuntary treatment is necessary to improve his condition or to prevent it from deteriorating.
B. These reports shall be treated by the court as confidential and shall not be available for public examination, nor shall they be subject to discovery in any proceedings other than those initiated pursuant to this Title.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. The court may at any time upon application or upon its own motion order a new hearing to be held in order to determine whether the involuntary status of the minor patient should be continued.
B. Minor patients committed judicially shall have their cases reviewed in a hearing every one hundred twenty days.
C. The review hearing shall be conducted according to the procedures and standards set forth in this Chapter and may be held by the juvenile court in the parish in which the minor patient is being confined or, if not confined, by the juvenile court in the parish in which he resides or may be found. The hearing shall not be transferred to another district except for good cause shown.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1997, No. 985, §2.
A. Notwithstanding an order of judicial commitment, the director of the treatment facility to which the minor patient is committed is encouraged to explore treatment measures that are medically appropriate and less restrictive.
B. The director may at any time convert an involuntary commitment to a voluntary one should he deem that action medically appropriate. He shall inform the court of any action in that regard.
C. The director may discharge any minor patient if in his opinion discharge is appropriate. The director shall not be legally responsible to any person for the subsequent acts of behavior of a patient discharged in good faith.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. A minor who is judicially committed shall be allowed to appeal devolutively from the order to the court of appeal. If the lower court finds the minor indigent, it shall allow the appeal to be taken in forma pauperis.
B. Upon perfection of an appeal, it shall be heard in a summary manner, taking preference over all other cases except similar matters.
C. Upon affirmation of the order of commitment, the minor may apply for appropriate writs from the supreme court which shall be heard in a summary manner.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
Nothing in this Title shall deny the right of habeas corpus, including an application based upon a change of circumstances.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. A minor who is judicially committed as a result of mental illness may be conditionally discharged for a period of up to one hundred twenty days by the director or by the court during which time the judicial commitment of the minor shall remain in effect. The minor patient may be required to report for outpatient treatment as a condition of his release. The terms and conditions of the conditional discharge shall be specifically set forth in writing and signed by the minor patient. A copy of the conditional discharge shall be given to him and explained to him before he is discharged.
B. If the minor patient is conditionally discharged by the director, a copy of the conditional discharge shall be sent to the court which judicially committed him. If the minor patient is conditionally discharged by the court, a copy of the conditional discharge shall be sent to the facility to which he has been committed.
C. If a minor patient does not comply with the terms and conditions of his conditional discharge, he is subject to any of the procedures for involuntary treatment, including but not limited to the issuance of an order for custody and the execution of an emergency certificate. A conditionally discharged minor patient who is confined pursuant to any of these involuntary procedures shall have all rights of an involuntary patient, including the right to demand a probable cause hearing, the right to periodic reports and review, and a review hearing pursuant to Article 1454.
D. An extension of a conditional discharge may be granted upon application by the director of the treatment facility to the court and notification to the minor's counsel of record. The court may grant the extension of the conditional discharge for an additional period of up to one hundred twenty days. No further extension may be made without a contradictory hearing. The burden of proof is on the director of the treatment facility to show why continued treatment is necessary.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1997, No. 985, §2.
All minor patients presently unrepresented by privately retained counsel and who are the subject of involuntary commitment under any prior statute shall have their cases reviewed by attorneys provided by the MHAS within one year from the effective date of this Code, or be discharged or be committed again according to the provisions of this Chapter.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. Any minor may be admitted to a treatment facility for inpatient care and treatment upon application of a parent, tutor, or, in the absence of a parent or tutor, of a caretaker to the director of a treatment facility if the director finds that the minor has a mental illness or suffers from substance abuse which has a substantial adverse effect on his ability to function and requires care and treatment in an institution. Within twenty-four hours of admission, the minor shall be examined by a physician who shall set forth in detail in the patient's medical record the reasons for the continued need of confinement and treatment of the minor. The parent, tutor, or caretaker may request the minor's discharge pursuant to the provisions of Paragraph C.
B. A minor who is eligible for admission pursuant to Paragraph A of this Article and who is in such a condition that immediate hospitalization is necessary may be admitted upon the application of any interested adult, when after diligent effort the minor's parent, tutor, or caretaker cannot be located. Following the admission of the minor, the director of the treatment facility shall continue efforts to locate the minor's parent, tutor, or caretaker. If such person is located and consents in writing to the admission, the minor may continue to be hospitalized. However, upon notification of the admission, the parent, tutor, or caretaker, may request the minor's discharge pursuant to the provisions of Paragraph C.
C. Upon receipt of a request for discharge, the director of the treatment facility shall release such minor within seventy-two hours unless proceedings are begun pursuant to Chapter 7 or 9 of this Title.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
A. On admission to a treatment facility, the minor and the minor's parent, tutor, or caretaker, if the minor is admitted pursuant to Article 1460, shall be informed in writing of the procedures for requesting release and of the availability of counsel, information about the MHAS, the rights enumerated in Article 1409, and the rules and regulations applicable to or concerning his conduct while a patient in the program or facility.
B. This information shall also be prominently posted in any area where the patient is to be confined or treated.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1997, No. 612, §3.
A. Notwithstanding the provisions of Article 1409, any treating facility to which a minor is admitted under the provisions of Article 1460 shall provide to the parent or guardian of the minor child the following notifications from the facility during all times that the minor is confined to the facility:
(1) No less than one telephone or face-to-face communication each seventy-two hours for the first twenty-one days that the minor is confined to the facility and at least once a week thereafter. All communications shall be made by a physician, case manager, registered nurse, or licensed practical nurse familiar with treatment of the patient and available to answer questions. Each communication shall include but not be limited to the following:
(a) Diagnosis.
(b) Prognosis.
(c) Treatment plan.
(d) Anticipated length of treatment.
(e) Current physical condition of the patient.
(f) Current mental condition of the patient.
(g) All medications administered and potential side effects.
(h) Any incidents of self-injury or injury to others.
(2) Verbal notice within two hours and detailed written notice within forty-eight hours of all occurrences in which the physical or mental safety of the minor was placed at risk, including but not limited to unwanted or improper physical contact, physical assault, or sexual contact with another patient or staff member. Additionally, any such detailed written notice shall also be transmitted within forty-eight hours to the local protection and advocacy system established under 42 U.S.C. 15041 et seq.
B. Any minor subjected to unwanted or improper physical contact, physical assault, or sexual contact with another patient or staff member shall be given immediate access to contact his parent or guardian.
C. The obligations set forth in Paragraph (A) of this Article shall only be waived by knowledgeable written consent authorized by a document separate from admission documents which clearly sets out the specific rights granted by this Article.
D. A physician, case manager, registered nurse, or licensed practical nurse may deny access to communication with a parent or guardian if the treating physician has so indicated in the patient's record because he has reasonably concluded that communication of the information to the parent or guardian would be injurious to the health or welfare of the patient or could reasonably be expected to endanger the life or safety of any other person.
Acts 2003, No. 593, §1; Acts 2018, No. 206, §6.
A. Objection may be made by the minor who has been admitted if the minor is sixteen years of age or older.
B. If the minor informs any staff person of his desire to object to the admission, a staff person shall assist him in preparing and submitting his objection.
C. Upon receipt of an objection, the director of the treatment facility shall release such minor within seventy-two hours unless proceedings are begun pursuant to Chapter 7 or 9 of this Title.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. A minor shall not be detained at a treatment facility pursuant to parental admission more than seventy-two hours unless a physician's certificate for a minor has been executed and delivered to the MHAS.
B. The certificate may be executed by any licensed physician after an actual examination.
C. Failure to conduct an actual examination prior to the execution of the certificate will be evidence of gross negligence.
D. The certificate shall be dated and executed under penalty of perjury, but need not be notarized. The certificate shall state:
(1) The date and time of the physician's examination of the minor, which shall not be more than seventy-two hours prior to the signature of the certificate.
(2) The name and age of the minor and the patient's identification number, if known.
(3) The date and time of admission.
(4) The name and address of the parent, tutor, caretaker, or responsible person admitting the minor.
(5) The objective findings of the physician relative to the physical and mental condition of the minor, leading to the determination of whether the minor examined is in need of inpatient psychiatric treatment because all of the following conditions exist:
(a) The minor suffers from mental illness or substance abuse which has a substantial adverse effect on his ability to function and requires care and treatment in an institution.
(b) The minor can benefit from inpatient treatment.
(c) The treatment facility where the minor is confined is medically appropriate.
(6) The history pertinent to this admission.
(7) A statement as to whether the minor wishes to remain in the treatment facility.
E. The certificate shall be delivered to the MHAS located nearest to the treatment facility. Delivery may be accomplished either by:
(1) Personal delivery to any MHAS employee.
(2) Mailing a copy of the certificate to the nearest MHAS, certified mail, return receipt requested.
F. MHAS shall have the authority to represent the interests of any minor they suspect has been inappropriately placed or who had requested their services. Services may be rendered as deemed necessary including but not limited to the provisions of Article 1405.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 187, §1, eff. May 31, 1993; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 612, §3.
A. Any minor sixteen years of age or older may apply for voluntary admission to a treatment facility pursuant to this Chapter.
B. A minor so admitted shall have the same rights as an adult patient.
C. The admitting physician may admit the person on either a formal or informal basis, as hereinafter provided.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. Admitting physicians are encouraged to admit minors with mental illness or minors suffering from substance abuse to treatment facilities on voluntary admission status whenever medically feasible.
B. No director of a treatment facility shall prohibit any minor with mental illness or minor suffering from substance abuse from applying for conversion of involuntary or emergency admission status to voluntary admission status. Any minor patient on an involuntary admission status shall have the right to apply for a writ of habeas corpus in order to have his admission status changed to voluntary status.
C. No employee of a mental health care program or treatment facility, peace officer, or physician shall state to any person that involuntary admission may result if the minor does not voluntarily admit himself to a mental health care program or treatment facility unless the employee, peace officer, or physician is prepared to execute a certificate pursuant to Chapter 7 or a petition pursuant to Chapter 9 of this Title.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
A. Each minor admitted on a voluntary basis shall be informed of any other medically appropriate alternative treatment programs and treatment facilities known to the admitting physician and be given an opportunity to seek admission to alternative treatment programs or facilities.
B. Every minor patient admitted on a voluntary admission status shall be informed in writing at the time of admission of the procedures for requesting release from the treatment facility, the availability of counsel, information about the mental health advocacy service, the rights enumerated in Article 1409, and rules and regulations applicable to or concerning his conduct while a patient in the treatment facility.
C. If the minor is illiterate or does not read or understand English, appropriate provisions should be made to supply him this information.
D. In addition, a copy of the information listed in this Article must be posted in any area where minor patients are confined and treated.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. No admission may be deemed voluntary unless the admitting physician determines that the minor to be admitted has the capacity to make a knowing and voluntary consent to the admission.
B. Knowing and voluntary consent shall be determined by the ability of the minor to understand:
(1) That the treatment facility to which the minor patient is requesting admission is one for persons with mental illness or persons suffering from substance abuse.
(2) That he is making an application for admission.
(3) The nature of his status and the provisions governing discharge or conversion to an involuntary status.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
A. In the discretion of the director, any minor with mental illness or minor suffering from substance abuse, who is sixteen years of age or older and who desires admission to a treatment facility for diagnosis or treatment of a psychiatric disorder or substance abuse, may be admitted upon the minor patient's request without a formal application.
B. Any minor patient admitted pursuant to this Article shall have the right to leave the treatment facility at any time during the normal day-shift hours of operation, which shall include but not be limited to nine a.m. to five p.m.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
A. Any minor with mental illness or minor suffering from substance abuse who is sixteen years old or older and who desires admission to a treatment facility for diagnosis or treatment of a psychiatric disorder or substance abuse and who is deemed suitable for formal voluntary admission by the admitting physician may be so admitted upon his written request.
B. A minor patient admitted under the provisions of this Article shall not be detained in the treatment facility for longer than seventy-two hours after making a valid written request for discharge to the director of the treatment facility unless an emergency certificate is executed pursuant to Article 1422 or unless judicial commitment is instituted pursuant to Chapter 9 of this Title.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
A. A minor suffering from substance abuse may be admitted and detained at a public or private general hospital or a substance abuse inpatient facility for observation, diagnosis, and treatment for a period not to exceed twenty-eight days, when a parent has admitted the person or caused him to be admitted pursuant to the provisions of Chapter 8 of this Title.
B. At the time of admission, the parent shall execute or provide a written statement of facts, including personal observations, leading to the conclusion that the minor is suffering from substance abuse and is dangerous to himself or others or is gravely disabled, specifically describing any dangerous acts or threats, and stating that the minor has been encouraged to seek treatment but is unwilling to be evaluated on a voluntary basis.
C. As soon as practicable, but in no event more than eight hours after admission to the hospital or inpatient facility, a physician shall examine the minor and either execute an emergency certificate in accordance with Article 1422 or order the minor discharged. If an emergency certificate is executed, the physician or the director of the hospital or inpatient facility shall immediately notify the coroner and the coroner or his deputy shall conduct an independent examination in accordance with Article 1423. If the coroner or his deputy executes a second emergency certificate, the minor patient may be detained for treatment for a period not to exceed twenty-eight days from the date of his admission. Otherwise, he shall be discharged.
D. Except as inconsistent with the provisions of this Article, all other provisions of this Title applicable to persons admitted by emergency certificate shall be applicable.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
A. Except as otherwise provided in this Article, the department may transfer any patient from one mental institution to another. Moreover, the superintendent of an institution may request the department to transfer a patient when he believes that a transfer is necessary.
(1) A patient may be transferred to or from a private mental institution only upon the joint application of the superintendent of that institution and of the legal or natural guardian or the person liable for the support of the minor patient. However, no private mental institution shall be obligated to retain a minor patient because of the refusal to sign the application by the guardian or the person liable for support.
(2) A person under an order of commitment or acquitted of a delinquent act on the ground of mental illness shall be transferred only upon authority of the committing court.
(3) A minor patient voluntarily admitted pursuant to Article 1464 shall be transferred only with his written consent.
(4) A minor patient admitted by a parental commitment pursuant to Article 1460 shall be transferred only upon the written consent of the parent, tutor, or caretaker who originally sought his admission.
B. The following documents, as applicable, shall accompany a minor patient upon his transfer:
(1) The transfer order of the department.
(2) Certified copies of the application for admission, the physician's certificate, the report of the commission, and the order of the committing court.
(3) All of the minor patient's clinical records or a full abstract thereof, including the results of medical, physical, and laboratory examinations.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
The purpose of this Title is to establish the substantive and procedural guidelines governing the juvenile court's exercise of jurisdiction over contempt proceedings, voluntary transfer of custody proceedings, proceedings seeking judicial authorization for minors' abortions, proceedings seeking judicial authorization for minors' marriages, declaratory judgment proceedings involving medical treatment for terminally ill children, domestic abuse assistance proceedings, and such other types of proceedings as may hereafter be added by the legislature to the jurisdiction of the juvenile courts of this state.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
Except as otherwise specified in this Title, all provisions of the Children's Code remain applicable.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
The purpose of this Chapter is to provide procedures for allowing each juvenile court to enforce its orders and maintain proper court decorum.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
A. A contempt of court is any act or omission tending to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or respect for its authority.
B. Contempts of court are of two kinds, direct and constructive.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
A. A direct contempt of court is one committed in the immediate view and presence of the court and of which it has personal knowledge.
B. A direct contempt includes but is not limited to any of the following acts:
(1) Contumacious failure, after notice, to appear for a hearing on the day fixed therefor.
(2) Contumacious failure to comply with a subpoena or summons to appear in court, proof of service of which appears of record.
(3) Contumacious violation of an order excluding, separating, or sequestering a witness.
(4) Refusal to take the oath or affirmation as a witness, or refusal of a witness to answer a nonincriminating question when ordered to do so by the court.
(5) Contumacious, insolent, or disorderly behavior toward the judge or an attorney or other officer of the court, tending to interrupt or interfere with the business of the court or to impair its dignity or respect for its authority.
(6) Breach of the peace, boisterous conduct, or violent disturbance tending to interrupt or interfere with the business of the court or to impair its dignity or respect for its authority.
(7) Use of insulting, abusive, or discourteous language by an attorney or other person in open court, or in a motion, plea, brief, or other document, filed with the court, in irrelevant criticism of another attorney or officer of the court.
(8) Violation of a rule of the court adopted to maintain order and decorum in the courtroom.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
A person who has committed a direct contempt of court may be found guilty and punished therefor by the court without any trial, after affording him an opportunity to be heard orally by way of defense or mitigation. The court shall render an order reciting the facts constituting the contempt, adjudging the person guilty thereof, and specifying the punishment imposed.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
A constructive contempt of court is any contempt other than a direct one, including but not limited to the following:
(1) Willful neglect or violation of duty by a clerk, sheriff, or other person elected, appointed, or employed to assist the court in the administration of justice.
(2) Willful disobedience of any lawful judgment, order, mandate, writ, or process of the court.
(3) Removal or attempted removal of any person or property in the custody of an officer acting under authority of a judgment, order, mandate, writ, or process of the court.
(4) Deceit or abuse of the process or procedure of the court by a party to an action or proceeding, or by his attorney.
(5) Unlawful detention of a witness, party, or his attorney, while going to, remaining at, or returning from the court where the action or proceeding is to be tried.
(6) Assuming to act as an attorney or other officer of the court, without lawful authority.
(7) Comment by a newspaper or other medium for the dissemination of news upon a case or proceeding, then pending and undecided, which constitutes a clear, present, and imminent danger of obstructing or interfering with the orderly administration of justice, by either influencing the court to reach a particular decision, or embarrassing it in the discharge of its judicial duties.
(8) Willful disobedience by an inferior court, judge, or other officer thereof, of the lawful judgment, order, mandate, writ, or process of an appellate court, rendered in connection with an appeal from a judgment or order of the inferior court, or in connection with a review of such judgment or order under a supervisory writ issued by the appellate court.
(9) Willful disobedience of the confidentiality provisions of Article 412.
(10) Any other act or omission punishable by law as a contempt of court, or intended to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or respect for its authority, and which is not a direct contempt.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
A. When a person is charged with committing a constructive contempt, he shall be tried by the judge on a rule to show cause alleging the facts constituting the contempt. The rule may be issued by the court on its own motion or on motion of any party.
B. A certified copy of the motion and of the rule shall be served on the person charged, in the manner of a subpoena, not less than forty-eight hours prior to the time assigned for trial of the rule.
C. If the person charged with contempt is found guilty, the court shall render an order reciting the facts constituting the contempt, adjudging the person charged with the contempt guilty thereof, and specifying the punishment imposed.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
A. A person may not be adjudged guilty of contempt of court except for misconduct defined as such, or made punishable as such, expressly by law.
B. When a contempt of court consists of the omission to perform an act which is yet in the power of an adult person charged with contempt to perform, he may be imprisoned until he performs it and in such a case this shall be specified in the court's order.
C. When an attorney is adjudged guilty of a direct contempt of court, the punishment shall be limited to a fine of not more than one hundred dollars or imprisonment for not more than twenty-four hours, or both; and, for any subsequent direct contempt of the same court by the same offender, a fine of not more than two hundred dollars or imprisonment for not more than ten days, or both.
D. Except as otherwise provided in this Article, a court may punish an adult person adjudged guilty of contempt of court in connection with a juvenile proceeding by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both.
E. In addition to or in lieu of the above penalties, when a parent has violated a visitation order, the court may order any or all of the following:
(1) Require the custodial parent to allow additional visitation days to replace those denied the noncustodial parent.
(2) Require one or both parents to attend a parent education course.
(3) Require one or both parents to attend counseling or mediation.
(4) Require the parent violating the order to pay all court costs and reasonable attorney fees of the other party.
F. A pattern of willful and intentional violation of this Article, without good cause, may constitute a material change in circumstances warranting a modification of an existing custody or visitation order.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1995, No. 1095, §8; Acts 1999, No. 1313, §1; Acts 2001, No. 425, §1, eff. June 15, 2001; Acts 2004, No. 520, §2.
A. In delinquency proceedings, when a child is adjudged guilty of direct contempt of court or constructive contempt of court for repeated disobedience of the court's judgment of disposition, the court may:
(1) For a first offense in any twelve-month period, commit the child to a juvenile detention center or other suitable facility for not more than seven days, including the time spent in detention for the contempt prior to the contempt hearing.
(2) For a second offense in any twelve-month period, commit the child to a juvenile detention center or other suitable facility for not more than ten days, including the time spent in detention for the contempt prior to the contempt hearing.
(3) For a third or subsequent offense in any twelve-month period, commit the child to a juvenile detention center or other suitable facility for not more than fifteen days, including the time spent in detention for the contempt prior to the contempt hearing.
B. In child in need of care proceedings, when the child is adjudged guilty of direct contempt of court or constructive contempt of court for repeated disobedience of the court's judgment of disposition, the court may commit the child only to a shelter care facility for not more than fifteen days, including time spent there for the contempt prior to the contempt hearing. Such a child shall not be placed in secure detention nor shall such detention facility accept a child in need of care.
C. In families in need of services proceedings, when the child is adjudged guilty of direct contempt of court or constructive contempt of court for repeated disobedience of the court's judgment of disposition, the court may:
(1) Commit the child to a shelter care facility for not more than fifteen days, including time spent there for the contempt prior to the contempt hearing.
(2) Commit the child to a secure detention facility for not more than seven days, including time spent there for the contempt prior to the contempt hearing, if the court finds that all of the following have occurred:
(a) A judgment of disposition was entered pursuant to Article 782.
(b) The child willfully violated the judgment of disposition.
(c) All sanctions other than secure confinement have been exhausted or are clearly inappropriate.
Acts 1999, No. 1313, §1; Acts 2016, No. 499, §2.
The purpose of this Chapter is to protect the health and welfare of children by providing, in addition to any other provisions of law, for juvenile court procedure to govern a voluntary transfer of custody of a child by parents to other responsible adults for the purpose of enabling the child to receive adequate care and treatment. The provisions of this Chapter are intended to promote mutual understanding of the rights and responsibilities of the parents and custodians and of any terms or conditions which may be set forth by agreement of the parties.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
As used in this Chapter:
(1) "Legal custody" means a legal status created by court order that vests in a custodian the right to have physical custody of the child and the right and duty to protect, train, and discipline and to provide food, shelter, education, and ordinary medical care, all subject to any residual parental rights and responsibilities.
(2) "Physical custody" means the duty and authority to provide care for a child in the home of the custodian.
(3) "Voluntary transfer of custody" is a parent's knowing and voluntary relinquishment of legal custody to an agency, institution, or individual, subject to residual parental rights retained by the parent and under such terms and conditions that enable the child to receive adequate care and treatment.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2011, No. 128, §1.
The court exercising juvenile jurisdiction shall have continuing jurisdiction and the exclusive authority to modify its orders rendered pursuant to this Chapter.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
A proceeding brought pursuant to this Chapter may be commenced in the parish in which either:
(1) The parents requesting transfer of custody reside.
(2) The person, agency, or institution to whom the transfer of custody is intended resides.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
A. A proceeding under this Chapter shall be commenced by written petition.
B. Except as otherwise provided in this Article, all persons or organizations lawfully exercising legal custody of the child shall join in the petition.
C. If a legal custodian is unable or unwilling to join in the petition, the petition shall state with particularity the reasons therefor.
D. If a guardian has been appointed, a petition for voluntary transfer may not be filed. To change a guardianship order a motion to modify the guardianship may be filed in accordance with Article 724.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2011, No. 128, §1.
A. A petition for voluntary transfer of custody shall set forth specifically:
(1) The name and address of all parents and legal custodians.
(2) An affirmation that the parents are knowingly and voluntarily transferring custody.
(3) The full name and date of birth of the child whose custody is sought to be transferred.
(4) The factual basis for the transfer of custody.
(5) The nature, duration, and extent of the transfer of custody, including any terms and conditions.
(6) The name and address of the agency, institution, or individual to whom the child is sought to be transferred and the relationship, if any, to the child.
(7) Whether the Department of Children and Family Services has recommended a petition for voluntary transfer of custody be filed.
(8) Whether the child is an Indian child.
B. The form for the petition shall be as follows:
"PETITION FOR VOLUNTARY TRANSFER OF CUSTODY
The petition of_______ (all legal custodians of the child unless otherwise indicated in Paragraph III of the petition), domiciled in the parish of _______, respectfully represent(s):
I.
That petitioner(s) reside at the following address(es):
II.
That petitioner(s) is/are the parent(s) and legal custodian(s) of the minor child(ren), namely _______________________________, whose date of birth is ______________ (add same information for all children subject to the petition), as more fully appears from the attached certificate(s) of birth.
Is the child an Indian child?
Yes No
III.
That there are no other legal custodians of the child(ren) OR that a legal custodian, namely _______________________, is unable to join in this petition for the following reasons:
_______________________________________________________________________.
IV.
That petitioner(s) desire(s) to knowingly and voluntarily transfer custody of the above named children to ____________________________, which individual(s), institution or agency reside(s) at the following address:
________________________________________________________ and who have the following relationship with the children:
________________________________________________________________________.
V.
That petitioner(s) desire to transfer physical custody OR legal custody of the person of the children (indicate one) for the period of time ______________(specify intended duration) in accordance with the following terms and conditions
(may include provisions for support and/or visitation).
VI.
That petitioners desire this transfer of custody for the following reasons:
________________________________________________________________________.
Has the Department of Children and Family Services recommended to you that this petition be filed?
Yes No
If yes, state name of the Department of Children and Family Services worker making the recommendation and the reasons for the recommendation with particularity.
If the department has recommended that this petition be filed, you have a right to counsel. Have you consulted with an attorney?
Yes No
VII.
That ________________________ has/have agreed to and does/do desire to accept custody of the child(ren) to the extent and under the terms and conditions stated in this petition, as more fully appears in the attached Affidavit of Acceptance.
WHEREFORE, petitioner(s) pray(s) that there be judgment herein transferring custody of the child(ren), _______________, _____________, ________________, ________________, to ________________________, to the extent and under the terms and conditions set forth in this petition.
(Signature and address of Petitioner(s))
or counsel for Petitioner(s)
(If in proper person, petition should be signed in presence of a notary.)
SWORN TO AND SUBSCRIBED BEFORE ME ON THIS THE _____ DAY OF ___________________, 20 ___.
NOTARY PUBLIC"
C. The petitioner shall inform the court if he subsequently discovers information indicating that the child is an Indian child.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2010, No. 266, §1; Acts 2011, No. 128, §1; Acts 2018, No. 296, §1.
A. An Affidavit of Acceptance shall be executed by the agency, institution, or individual accepting custody and shall state that the agency, institution, or individual knowingly and voluntarily accepts custody of the child to the extent and under the terms and conditions custody is transferred from the parents.
B. The form for the Affidavit of Acceptance shall be as follows:
"AFFIDAVIT OF ACCEPTANCE
BEFORE ME, the undersigned Notary Public, personally came and appeared: ________________________________________________________________________
___________________________________, individual(s) OR a representative of _____________________________ (name of agency or institution) who, being first duly sworn, did depose and state:
That affiant is a person of the full age of majority and resides at ___________________________________ (address of individual(s), agency, or institution) in ____________ Parish, Louisiana.
That affiant does knowingly and voluntarily accept physical custody OR legal custody of the person of the children (indicate one) of _________, _________, _________, _________ (name(s) of child(ren)) for the period of time ______________ (specify intended period) in accordance with the following terms and conditions:
________________________________________________________________________.
(may include provisions for support and/or visitation)
AFFIANT
SWORN TO AND SUBSCRIBED BEFORE ME ON THIS THE ______ DAY OF __________________,20.
NOTARY PUBLIC"
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2011, No. 128, §1.
A. Notice of the proceedings, including, if applicable, the parents' right to an attorney in accordance with Paragraph E of this Article, shall be served on any parent or legal custodian who has not joined in the petition.
B. Notice may be served by personal or domiciliary service or by certified mail, proof of which shall be filed in the record.
C. If a parent or legal custodian cannot be served, the court may appoint an attorney at law as curator for him and service shall be made upon the curator.
D. If a parent or legal custodian cannot be served and a curator is not appointed for him, the court shall specifically reserve the absentee's rights in any order transferring custody pursuant to this Chapter.
E. If the Department of Children and Family Services has recommended that the petition for voluntary transfer of custody be filed:
(1) It shall also be served with notice of the proceedings.
(2) The court may also order a report by the department concerning the safety and well-being of the child and of the circumstances leading the department to recommend that the custody of the child be transferred by the parent to some other individual.
(3) The court shall advise the parents and may advise the child, insofar as practicable, of the right to be represented by counsel and the right to have counsel appointed as provided in Chapter 4 of Title VI.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2010, No. 266, §1.
A. On its own motion or the motion of any party to the proceedings, the court may render such orders it deems necessary to protect the best interests of the child, including but not limited to the following:
(1) A home study of the proposed placement.
(2) A physical or mental examination of any party.
(3) An appointment of counsel for the child.
B. Upon request of an indigent parent, the court shall appoint counsel for the parent when the Department of Children and Family Services has recommended that the petition for voluntary transfer be filed.
C. If the court finds that the parent or custodian of an Indian child is indigent, it shall appoint counsel for the parent or custodian.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2010, No. 266, §1; Acts 2018, No. 296, §1.
The petition shall be set for hearing on the record unless specifically waived by the court. If the Department of Children and Family Services, office of children and family services, has recommended that the petition for voluntary transfer of custody be filed, a representative for the department shall testify at the hearing with particularity the reasons for the recommendation. Further, the department representative shall specify why a child in need of care petition should not be filed and shall testify regarding the preventative services offered by the department to the petitioner to prevent the transfer of custody.
NOTE: Art. 1519 as amended by Acts 2025, No. 477, eff. October 1, 2027.
Art. 1519. Hearing
The petition shall be set for hearing on the record unless specifically waived by the court. If the Department of Children and Family Services, office of child welfare, has recommended that the petition for voluntary transfer of custody be filed, a representative for the department shall testify at the hearing with particularity the reasons for the recommendation. Further, the department representative shall specify why a child in need of care petition should not be filed and shall testify regarding the preventative services offered by the department to the petitioner to prevent the transfer of custody.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2010, No. 266, §1; Acts 2025, No. 477, §1, eff. Oct. 1, 2027.
A. The court shall render a written judgment granting or denying the transfer of custody.
B. If the court grants the transfer of custody, the judgment shall order the transfer and recite such terms and conditions as required to protect the safety and secure the best interests of the child and shall also recite all of the following:
(1) All necessary parties are involved.
(2) The transfer is knowing and voluntary.
(3) There is a legitimate purpose and a factual basis to support that purpose.
(4) All parties have been advised of and understand the nature and extent of the transfer, including any terms and conditions, and of their respective rights.
(5) The proposed change of custody is in the best interests of the child.
C. After giving the parent a reasonable opportunity to be heard, the court may order that the parent contribute to the cost of the home study, examination, or of the representation of the child.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2010, No. 266, §1.
A. On its own motion or on the motion of any party, the court may order a hearing to be set for review of the transfer of custody.
B. Judgments transferring custody pursuant to this Chapter are exempt from the permanency planning requirements mandated in Title VI including the provisions of Chapters 13, 15 and 16 of that Title.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
A. Except when the parties jointly desire to dismiss the proceedings and return custody of the child to the parents, modification or enforcement of a judgment transferring custody shall be upon motion of any party and by order of the court according to the provisions of this Chapter.
B. If the parties jointly desire to dismiss the proceedings and return the custody of the child to the parents, the court shall be notified. The court may render an ex parte dismissal of the proceedings, or it may order a hearing to be set for review of the proposed modification.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2010, No. 266, §1.
A. Upon failure of a custodian to return a child after revocation of the parent's consent, the parent may move for dismissal of the proceedings and for the return of the child to their custody.
B. The motion to dismiss shall be set for contradictory hearing with the custodians.
C. In making its determination of the best interests of the child, the court shall consider the following:
(1) The length of the parent/child separation.
(2) The current fitness of the parent.
(3) The frequency of contact between the parent and child during the separation.
(4) The efforts made by the parent to exercise parental responsibilities during the separation, including support.
(5) The terms and conditions of the judgment.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
The purpose of this Chapter is to set out the substantive principles and procedures by which the juvenile court tries adults for misdemeanors when the law violated was enacted for the protection of the physical, moral, or mental well-being of children.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
The juvenile court shall have jurisdiction to try any adult who is charged with any of the following misdemeanors:
(1) Interference with the custody of a child.
(2) Criminal abandonment.
(3) Unlawful sales to minors.
(4) Unlawful purchase of alcoholic beverages for minors.
(5) Unlawful distribution of sample tobacco products to minors.
(6) Sale, exhibition, or distribution of material harmful to minors.
(7) Sale, distribution, or making available to minors publications encouraging, advocating, or facilitating the illegal use of controlled substances.
(8) Illegal use of controlled dangerous substances in the presence of children.
(9) Sale of poisonous reptiles to minors.
(10) Contributing to the delinquency of juveniles or encouraging or contributing to child delinquency, dependency, or neglect.
(11) Unlawful use and sale of model glue to minors.
(12) Tatooing minors.
(13) Child desertion.
(14) Abandoning ice boxes or other air tight containers in a place accessible to children.
(15) Failure of a mandatory reporter to report abuse of children.
(16) Violation of the requirements for the investigation of reports of child abuse.
(17) Knowingly making a false report of child abuse.
(18) Making a false report of a missing child.
(19) Violation of the compulsory school attendance law.
(20) Any offense affecting the physical, moral, or mental well-being of children as provided in Section 2 of Subpart B of Part V of Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1995, No. 1095, §8.
Except when the context clearly indicates otherwise, as used in this Chapter:
(1) "Affidavit" means a written accusation of crime made under oath and signed by the affiant. It must be filed in open court in a court having jurisdiction to try the offense or in the office of the clerk thereof.
(2) "Institution of prosecution" means the filing of an information or affidavit, which is designed to serve as the basis of a trial.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
Proceedings pursuant to this Chapter shall be commenced in the parish in which the offense is alleged to have been committed. If acts constituting an offense or if the elements of an offense occurred in more than one place, the offense is deemed to have been committed in any parish in which any such act or element occurred.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
Criminal prosecutions in a juvenile court shall be instituted by affidavit, information, or indictment.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
Proceedings pursuant to this Chapter shall be conducted in accordance with the Louisiana Code of Criminal Procedure.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
A. A defendant charged with a misdemeanor in which the punishment, as set forth in the statute defining the offense, may be a fine in excess of one thousand dollars or imprisonment for more than six months, shall be tried by a jury of six jurors, all of whom must concur to render a verdict.
B. The defendant charged with any other misdemeanor shall be tried by the court without a jury.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
A. A defendant charged in juvenile court with a misdemeanor triable by jury may knowingly and intelligently waive a trial by jury and elect to be tried by the judge. At the time of arraignment, the defendant in such cases shall be informed by the court of his right to waive trial by jury.
B. The defendant shall exercise his right to waive trial by jury within fifteen days after the arraignment. However, with permission of the court, he may exercise his right to waive trial by jury at any time prior to the commencement of trial.
C. The defendant may withdraw a waiver of trial by jury unless the court finds that withdrawal of the waiver would result in interference with the administration of justice, unnecessary delay, unnecessary inconvenience to witnesses, or prejudice to the state.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
A. When the defendant is entitled to a trial by a jury, as defined in Article 1530, but knowingly and intelligently waives that right pursuant to Article 1531, the juvenile court may proceed with trial.
B. In cases where the defendant elects to exercise his right to a trial by jury, the court shall transfer the case to the proper court exercising criminal jurisdiction.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
The purpose of this Chapter is to set out the substantive law and procedures for securing the authorization of the juvenile court for the marriage of a minor.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
Except when the context clearly indicates otherwise, as used in this Chapter, "officiant" is a person authorized by law to perform marriage ceremonies.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
A. An officiant may not perform a marriage ceremony in which a minor sixteen or seventeen is a party unless the minor has judicial authorization and the written consent to marry of either:
(1) Both of his parents.
(2) The tutor of his person.
(3) A person who has been awarded custody of the minor.
B. No marriage ceremony shall be performed for a minor under the age of sixteen.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2019, No. 401, §3.
A proceeding brought pursuant to this Chapter may be commenced in the parish in which the minor resides or the marriage ceremony is to be performed.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
Upon application by a minor of the age of sixteen or seventeen, the judge may authorize the marriage when there is a compelling reason why the marriage should take place. The court shall consider the best interest of the minor prospective spouse.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2019, No. 401, §3.
A. The court shall hear a request for authorization for a minor to marry in chambers.
B. The judge shall require that both the prospective husband and prospective wife be present for the hearing and there shall be a separate in camera interview of the prospective spouses.
C. In determining the best interest of the minor prospective spouse, the court shall consider all of the following:
(1) Pregnancy of the prospective wife.
(2) If the prospective spouses are already living together.
(3) Housing and living conditions prior to the prospective marriage and where the prospective spouses intend to live after the marriage.
(4) The ages of the prospective spouses.
(5) The age differential between the prospective spouses.
(6) How the prospective spouses came to know each other.
(7) The stated reasons why each of the prospective spouses desires to marry one another.
(8) Consent of mother, father, or person having legal custody of the minor.
D. The judge may require evidence of proof of residency, educational attainment, juvenile offense history, or criminal history to be produced.
E. The judge shall conduct an inquiry to determine if there exists any evidence that the minor is a victim of human trafficking, sexual assault, domestic violence, coercion, duress, or undue influence. In conducting the inquiry, the judge shall ask all of the following questions:
(1) Whether one prospective spouse is in a position of authority over the other prospective spouse.
(2) Previous marriage or marriages of either of the prospective spouses.
(3) Residency and length of residency of the prospective spouses.
(4) How long the prospective spouses have known each other.
(5) Length of relationship between the prospective spouses.
(6) Any evidence of kidnaping, sexual assault, or domestic violence between the prospective spouses.
(7) Whether one of the prospective spouses was the victim of a sexual offense committed by the other prospective spouse.
(8) Evidence of domestic violence, spousal abuse, or sexual offenses committed by either of the prospective spouses upon anyone.
(9) Criminal history of the prospective spouses.
(10) Whether either prospective husband or wife provided or promised a third party anything of value in exchange for the marriage.
(11) Evidence of maturity and self-sufficiency of the prospective spouses through educational attainment or employment.
(12) Evidence of at least eight hours of premarital counseling from the prospective spouses.
(13) Any history of any medical condition or chemical dependency of either of the prospective spouses.
F. If the judge finds any evidence of human trafficking, sexual assault, domestic violence, coercion, or undue influence, he shall immediately report it to local law enforcement or child protective services, and shall not authorize the marriage.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2019, No. 401, §3.
A. The authorization must be in writing but may not give the court's reasons for granting it.
B. A copy of the authorization must be attached to the copy of the marriage certificate given to the parties and the original of the authorization must be presented to the official who issues the marriage license.
C. A copy of the authorization must also be filed with the marriage certificate as required by law.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
Any officiant, other than a judge or justice of the peace, who knowingly performs a marriage ceremony at which one of the parties is a minor when the officiant does not have the necessary consent or authorization to marry required by Article 1545 shall be permanently deprived of his right to perform marriage ceremonies.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
The purpose of this Chapter is to recognize the right of a parent or guardian to make a declaration pursuant to which life-sustaining procedures or other medical care may be withheld or withdrawn from certain terminally ill children and to authorize judicial review, if needed, by the juvenile courts of such decisions if a child's parents or physician cannot agree that the requirements of this Chapter have been met. The procedures authorized by this Chapter are in addition to the existing remedies of Title VI.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
As used in this Chapter:
(1) "Attending physician" means the physician who has primary responsibility for the treatment and care of the child patient.
(2) "Child" means a person under eighteen years of age who has not been judicially emancipated under Civil Code Article 385 or emancipated by marriage under Civil Code Articles 379 through 384.
(3) "Continual profound comatose state" means that there is no reasonable medical possibility of ever achieving a cognitive state of conscious perception.
(4) "Death" means that in the announced opinion of a physician, based on ordinary standards of approved medical practice, the child has experienced an irreversible cessation of spontaneous respiratory and circulatory functions. In the event that artificial means of support preclude a determination that these functions have ceased, a child will be considered dead if, in the announced opinion of a physician based on ordinary standards of approved medical practice, the child has experienced an irreversible total cessation of brain function. Death will have occurred at the time when the relevant functions ceased. In any case when organs are to be used in a transplant, then an additional physician who is not a member of the transplant team must make the pronouncement of death.
(5) "Declaration" means a written and witnessed document voluntarily made by the declarant, authorizing the withholding or withdrawal of life-sustaining procedures for a child, in accordance with the requirements of this Chapter.
(6) "Life-sustaining procedure" means any medical procedure or intervention which, within reasonable medical judgment, would serve only to prolong the dying process. It does not include any measure deemed necessary to provide comfort care.
(7) "Terminal and irreversible condition" means a condition, injury, disease, or illness which, within reasonable medical judgment, would produce death and for which the application of a life-support system would serve only to postpone the moment of death.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
No child, including any infant born alive, shall be denied or deprived of food or nutrients, water, oxygen, or comfort care by any person with the intent to cause or allow the death of the child for any reason, including but not limited to the following situations:
(1) The child was born with physical or mental handicapping conditions which, in the opinion of the parent, the physician, or other persons, diminishes the quality of the child's life.
(2) The child was born alive in the course of an attempted abortion.
(3) The child is not wanted by the parent.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
No child, including any infant born alive, shall be intentionally denied or deprived of any medical or surgical care by his parent, physician, or any other person when such medical or surgical care is necessary to attempt to save the life of the child in the opinion of a physician exercising competent medical judgment, except:
(1) When a child is in a continual profound comatose state and in the opinion of the child's physician, exercising competent medical judgment, he has no reasonable chance of recovery from that state despite every appropriate medical treatment to correct such condition, the child's parents and physician may discontinue the use of life-support systems or other medical treatment.
(2) When a child suffers from a terminal and irreversible condition despite every appropriate medical treatment to correct such condition, the child's parents and physician may discontinue the use of life-sustaining procedures or other medical treatment.
(3) When the potential risks to the child's life or health inherent in any treatment or surgery outweigh the potential benefits for survival from the treatment or surgery, a child's parents and physician may decline to provide potentially lifesaving medical or surgical care for the child.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
Before the discontinuation of any medical care or treatment, the child must be diagnosed and certified in writing as qualifying within one or more of the exceptions authorized by Article 1554 by two physicians who have personally examined the child, one of whom shall be the child's attending physician.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
If a child has been certified as required by Article 1555, the child's parent or his guardian may make a declaration to document the decision concerning the withholding or withdrawal of medical treatment or life-sustaining procedures on the child's behalf, except where either:
(1) The parent or guardian has actual notice of contrary indications by the affected child.
(2) The parent or guardian has actual notice of opposition to the decision by the other parent or by the child's guardian.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
A. At any time, a parent or guardian may make a written declaration directing the withholding or withdrawal of life-sustaining procedures for his child in the event the child should have a terminal and irreversible condition.
B. The declaration shall be signed by the parent or guardian in the presence of two witnesses.
C. It shall be the responsibility of the parent or guardian to notify the child's attending physician that a declaration has been made.
D. Any attending physician who is so notified shall promptly make the declaration or copy of the declaration a part of the child's medical record.
E. Nothing in this Article shall be construed to require the making of a declaration for a terminally ill minor. The legislature intends that the provisions of this Chapter are permissive and voluntary. The legislature further intends that the making of a declaration pursuant to this Chapter merely illustrates a means of documenting the decision relative to withholding or withdrawal of medical treatment or life-sustaining procedures by a parent or guardian on behalf of his child.
F. The declaration may but need not be in the following illustrative form and may include other specific directions:
"DECLARATION
Declaration made this _____ day of ______________ (month, year)
I, _______________, being of sound mind, willfully and voluntarily make known my desire that the death of my dying child, __________________________________, shall not be artificially prolonged under the circumstances set forth below and do hereby declare:
Because my child has an incurable condition, injury, disease, or illness certified to be terminal and irreversible by two physicians who have personally examined my child, one of whom is his attending physician, and the physicians have determined that my child's death will occur whether or not life-sustaining procedures are utilized and that the application of life-sustaining procedures will serve only to prolong artificially the dying process, I direct that such procedures be withheld or withdrawn and that my child be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide him with comfort care.
I understand the full import of this declaration, and I am emotionally and mentally competent to make this declaration on behalf of my child.
Signed _________________________
City, Parish, and State of Residence ______________________
The declarant has been personally known to me and I believe him or her to be of sound mind.
Witness
Witness"
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
A. A declaration by a parent or guardian pursuant to Article 1557 may be revoked at any time by the declarant without regard to his or her mental state or competency by any of the following methods:
(1) By being cancelled, defaced, obliterated, burned, torn, or otherwise destroyed by the declarant or by some person in the presence of and at the direction of the declarant.
(2) By a written revocation of the declarant expressing the intent to revoke, signed and dated by the declarant.
(3) By an oral or nonverbal expression by the declarant of the intent to revoke the declaration.
B. Such revocation by any method enumerated in Paragraph A of this Article shall become effective upon communication to the attending physician.
C. The attending physician shall record in the child's medical records the time and date when notification of the revocation was received.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
A. A parent or guardian who refuses to consent to the medical care and treatment of his child as required by this Chapter may at any time execute a voluntary act of surrender pursuant to Title XI and place the child in the legal custody of the department or a licensed adoption agency.
B. The department or agency shall immediately provide the treatment necessary for the child and shall make every effort to find an adoptive home for the child.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
Whenever the parent or guardian of a child wrongfully refuses to consent to the medical care and treatment of his child as required by this Chapter, the physician may report the child as a child in need of care in accordance with the provisions of Title VI.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
No medical insurer of a parent or guardian of a child who would have otherwise been liable for such medical expenses may deny liability to their insured solely because the insured parent or guardian desires to withhold medical or surgical treatment for the child.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
No hospital, physician, or other person authorized by law to provide medical or surgical care shall be held liable for providing such care for a terminally ill child protected by this Chapter when both:
(1) In the opinion of the hospital, physician, or other person authorized by law to provide medical or surgical care, exercising competent medical judgment, the child's life would be threatened by delaying the provision of medical care or treatment.
(2) The child's parent or guardian has wrongfully refused to consent to such medical care or treatment.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
A. An action seeking a declaratory judgment may be brought by any parent, guardian, physician, or hospital in the juvenile court in the parish in which the child is present or is domiciled for the purposes of resolving any issue arising out of a dispute whether certain medical care or treatment should be extended in accordance with this Chapter.
B. An attorney shall be appointed to represent the child in all trial and appellate proceedings.
C. This proceeding shall be heard in chambers, confidentially and within forty-eight hours of the filing thereof.
D. Before entering any judgment approving the refusal or discontinuance of any medical or surgical care for a child, the court must find by clear and convincing evidence that the requirements of Article 1554 have been met.
E. Any appeal or application for writs to review the juvenile court's judgment in any appellate court shall be heard in chambers, confidentially and within forty-eight hours of the filing thereof.
F. Nothing in this Article shall be construed to require any court proceeding when a declaration authorized by Article 1557 has been executed or when the parent and the child's physician agree concerning the child's care, consistent with the requirements of this Chapter.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
The purpose of this Chapter is to recognize and address the complex legal and social problems created by domestic violence and to provide a civil remedy in the juvenile courts for domestic violence in homes in which children reside which will afford the victim immediate and easily accessible protection.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
As used in this Chapter:
(1) "Domestic abuse" includes but is not limited to physical or sexual abuse and any offense against the person as defined in Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950, except negligent injury and defamation, committed by one family or household member against another.
(2) "Family or household member" means spouses, former spouses, parents and children, stepparents, stepchildren, foster parents, foster children, and any person living in the same residence with the defendant as a spouse whether married or not if a child or children also live in the residence, who are seeking protection under this Chapter.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1997, No. 1156, §1.
A. The clerk of court shall make forms available for making application for protective orders under this Chapter, provide clerical assistance to the petitioner when necessary, advise indigent applicants of the availability of filing in forma pauperis, provide the necessary forms, and provide the services of a notary, where available, for completion of the affidavit required in Article 1568. The forms shall be prepared by the Judicial Administrator's Office, Louisiana Supreme Court.
B. Domestic abuse advocates may provide clerical assistance to petitioners in making an application for a protective order in accordance with this Chapter.
C. For purposes of this Article, "domestic abuse advocate" means an employee or representative of a community based shelter providing services to victims of family violence or domestic abuse.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1997, No. 1156, §1; Acts 2011, No. 234, §2.
A. Venue lies in either:
(1) The parish in which the marital domicile is located or in which the household is located.
(2) The parish in which the defendant resides.
(3) The parish in which the abuse is alleged to have been committed.
(4) For purposes of issuing an order pursuant to Article 1569(A)(1) only, the parish in which the petitioner resides.
(5) The parish in which an action for an annulment of marriage or for a divorce could be brought pursuant to the Code of Civil Procedure.
B. An adult may seek relief under this Chapter by filing a petition with the court alleging abuse by the defendant. Any parent, adult household member, local child protection unit of the Department of Children and Family Services, or district attorney may seek relief on behalf of any child or any person alleged to be incompetent by filing a petition with the court alleging abuse by the defendant. A petitioner's right to relief under this Chapter shall not be affected by his leaving the residence or household to avoid further abuse.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1995, No. 1095, §8; Acts 1997, No. 1156, §1.
A. A petition filed under the provisions of this Chapter shall contain the following:
(1) The name of each petitioner and each person on whose behalf the petition is filed and the name, address, and parish of residence of each individual alleged to have committed abuse, if known.
(2) If the petition is being filed on behalf of a child or person alleged to be incompetent, the relationship between that person and the petitioner.
(3) The facts and circumstances concerning the alleged abuse.
(4) The relationship between each petitioner and each individual alleged to have committed abuse.
(5) A request for one or more protective orders or a temporary restraining order.
B. The address and parish of residence of each petitioner and each person on whose behalf the petition is filed may remain confidential with the court.
C. If the petition requests a protective order for a spouse and alleges that the other spouse has committed abuse, the petition shall state whether a suit for divorce is pending.
D. If the petition requests the issuance of an ex parte temporary restraining order, the petition shall contain a written affirmation signed and dated by each petitioner that the facts and circumstances contained in the petition are true and correct to the best knowledge, information, and belief of the petitioner, under penalty of perjury pursuant to R.S. 14:123. The affirmation shall be made before a witness who shall sign and print his name.
E. If a suit for divorce is pending, any application for a protective order shall be filed in that proceeding and shall be heard within the delays provided by this Chapter. Any decree issued in a divorce proceeding filed subsequent to the filing of a petition or an order issued pursuant to this Chapter may, in the discretion of the court hearing the divorce proceeding, supersede in whole or in part the orders issued pursuant to this Chapter. Such subsequent decree shall be forwarded by the rendering court to the court having jurisdiction of the petition for a protective order and shall be made a part of the record thereof. The findings and rulings made in connection with such protective orders shall not be res judicata in any subsequent proceeding.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1997, No. 1156, §1; Acts 2021, No. 394, §2.
A. Upon good cause shown in an ex parte proceeding, the court may enter a temporary restraining order, without bond, as the court deems necessary to protect from abuse the petitioner, any children, or any person alleged to be incompetent. Immediate and present danger of abuse shall constitute good cause for purposes of this Article. The order may include but is not limited to the following:
(1)(a) Directing the defendant to refrain from abusing, harassing, or interfering with the person or employment or going near the residence or place of employment of the petitioner, the children, or any person alleged to be incompetent, on whose behalf a petition was filed under this Chapter.
(b) Directing the defendant to refrain from activities associated with a coerced abortion as defined in Article 603.
(2) Awarding to a party the use and possession of specified community property, such as an automobile.
(3) Granting possession to the petitioner of the residence or household to the exclusion of the defendant, by evicting the defendant or restoring possession to the petitioner when either:
(a) The residence is jointly owned in equal proportion or leased by the defendant and the petitioner or the person on whose behalf the petition is brought.
(b) The residence is solely owned by the petitioner or the person on whose behalf the petition is brought.
(c) The residence is solely leased by defendant and defendant has a duty to support the petitioner or the person on whose behalf the petition is brought.
(4) Prohibiting either party from the transferring, encumbering, or otherwise disposing of property mutually owned or leased by the parties, except when in the ordinary course of business or for the necessary support of the party or the children.
(5) Awarding temporary custody of children or persons alleged to be incompetent.
(6) Awarding or restoring possession to the petitioner of all separate property and all personal property, including but not limited to telephones or other communication equipment, computer, medications, clothing, toiletries, social security cards, birth certificates or other forms of identification, tools of the trade, checkbook, keys, automobile, photographs, jewelry, or any other items or personal effects of the petitioner and restraining the defendant from transferring, encumbering, concealing, or disposing of the personal or separate property of the petitioner.
(7) Granting to the petitioner the exclusive care, possession, or control of any pets belonging to or under the care of the petitioner or children residing in the residence or household of either party, and directing the defendant to refrain from harassing, interfering with, abusing or injuring any pet, without legal justification, known to be owned, possessed, leased, kept, or held by either party or a child residing in the residence or household of either party.
B. If a temporary restraining order is granted without notice, the matter shall be set within twenty-one days for a rule to show cause why the protective order should not be issued, at which time the petitioner must prove the allegations of abuse by a preponderance of the evidence. The defendant shall be given notice of the temporary restraining order and the hearing on the rule to show cause by service of process as required by law.
C. During the existence of the temporary restraining order, a party shall have the right to return to the family residence once to recover his or her personal clothing and necessities, provided that the party is accompanied by a law enforcement officer to insure the protection and safety of the parties.
D. If no temporary restraining order has been granted, the court shall issue a rule to show cause why the protective order should not be issued, and set the rule for hearing on the earliest day that the business of the court will permit, but in any case within ten days from the date of service of the petition, at which time the petitioner must prove the allegations of abuse by a preponderance of the evidence. The defendant shall be given notice by service of process as required by law.
E. If the hearing pursuant to Paragraph B or D of this Article is continued, the court shall make or extend such temporary restraining order as it deems necessary. Any continuance of a hearing ordered pursuant to Paragraph B or D of this Article shall not exceed fifteen days, unless good cause is shown for further continuance.
F. The court may, in its discretion, grant an emergency temporary restraining order outside regular court hours.
G. Repealed by Acts 1999, No. 1200, §5.
H. Immediately upon rendering a decision granting the relief requested by the petitioner, the judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately forward it to the clerk of court for filing on the day that the order is issued.
I. If a temporary restraining order is issued or extended, the clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. The clerk of the issuing court shall also send a copy of the Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), or any modification thereof, to the chief law enforcement officer of the parish where the person or persons protected by the order reside by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. A copy of the Uniform Abuse Prevention Order shall be retained on file in the office of the chief law enforcement officer until otherwise directed by the court.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1997, No. 1156, §1; Acts 1999, No. 1200, §§3, 5; Acts 2006, No. 777, §1; Acts 2008, No. 411, §2, eff. June 21, 2008; Acts 2009, No. 427, §2; Acts 2013, No. 260, §1; Acts 2014, No. 317, §4; Acts 2024, No. 92, §1.
A. The court may grant any protective order or approve any consent agreement to bring about a cessation of abuse of a party, any children, or any person alleged to be incompetent, which relief may include but is not limited to:
(1) Granting the relief enumerated in Article 1569.
(2) When there is a duty to support a party, any minor children, or any person alleged to be incompetent living in the residence or household, ordering payment of temporary support or provision of suitable housing for them.
(3) Awarding temporary custody of or establishing temporary visitation rights and conditions with regard to any children or person alleged to be incompetent.
(4) Ordering counseling or professional medical treatment for the defendant or the abused person, or both.
(5)(a) Ordering a medical evaluation of the defendant or the abused person, or both, to be conducted by an independent court-appointed evaluator who qualifies as an expert in the field of domestic abuse. The evaluation shall be conducted by a person who has no family, financial, or prior medical relationship with the defendant or abused person, or their attorneys of record.
(b) If the medical evaluation is ordered for both the defendant and abused person, two separate evaluators shall be appointed.
(c) After an independent medical evaluation has been completed and a report issued, the court may order counseling or other medical treatment as deemed appropriate.
B. A protective order may be rendered pursuant to this Chapter if the court has jurisdiction over the parties and subject matter and either of the following occurs:
(1) The parties enter into a consent agreement.
(2) Reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person's right to due process.
C. Any protective order issued within this state or outside this state that is consistent with Paragraph B shall be accorded full faith and credit by the courts of this state and enforced as if it were the order of the enforcing court.
D. On the motion of any party, the court, after notice to the other parties and a hearing, may modify a prior order to exclude any item included in the prior order or to include any item that could have been included in the prior order.
E. A protective order made under this Chapter shall be served on the person to whom the order applied in open court at the close of the hearing, or in the same manner as a writ of injunction.
F. Any final protective order or approved consent agreement shall be for a fixed period of time, not to exceed six months, and may be extended by the court, after a contradictory hearing, in its discretion. When such order or agreement is for the protection of a child under the age of eighteen who has been sexually molested, the period shall last at least until the child attains the age of eighteen years, unless otherwise modified or terminated following a contradictory hearing. Such protective order or extension thereof shall be subject to a devolutive appeal only.
G. Immediately upon rendering a decision granting the relief requested by the petitioner, the judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately forward it to the clerk of court for filing on the day that the order is issued.
H. If a protective order is issued or modified, or a consent agreement is agreed to or modified, the clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. The clerk of the issuing court shall also send a copy of the Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), or any modification thereof, to the chief law enforcement officer of the parish where the person or persons protected by the order reside by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. A copy of the Uniform Abuse Prevention Order shall be retained on file in the office of the chief law enforcement officer until otherwise directed by the court.
I. A court shall not grant a mutual order for protection to opposing parties. However, nothing contained in this Paragraph shall be construed to prohibit the court from granting a protective order to a party in a subsequently filed Petition for Domestic Abuse Assistance provided that the provisions contained in R.S. 46:2136(B) have been met.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1994, 3rd Ex. Sess., No. 22, §1; Acts 1997, No. 1156, §1; Acts 1999, No. 541, §1; Acts 1999, No. 1200, §3; Acts 2008, No. 411, §2, eff. June 21, 2008; Acts 2014, No. 317, §4.
A. Except as provided in Paragraph B of this Article, all court costs, attorney fees, costs of enforcement and modification proceedings, costs of appeal, evaluation fees, and expert witness fees incurred in maintaining or defending any proceeding concerning domestic abuse assistance in accordance with the provisions of this Chapter shall be paid by the perpetrator of the domestic violence, including all costs of medical and psychological care for the abused adult, or for any of the children, necessitated by the domestic violence.
B. If the court determines the petition was frivolous, the court may order the nonprevailing party to pay all court costs and reasonable attorney fees of the other party. Failure to appear at a hearing on the petition shall not on its own constitute grounds for assessing court costs and fees against the petitioner.
Acts 1997, No. 1156, §1; Acts 2006, No. 777, §1; Acts 2008, No. 411, §2, eff. June 21, 2008; Acts 2018, No. 264, §2; Acts 2022, No. 416, §1, eff. June 15, 2022.
A. Upon violation of a temporary restraining order, a protective order, or a court-approved consent agreement, the court may hold the defendant in contempt of court and punish the defendant by imprisonment in the parish jail for not more than six months or a fine of not more than five hundred dollars, or both, and may order that all or a part of any fine be forwarded for the support of petitioner and dependents, in the discretion of the court.
B. Such sentence shall be imposed only after trial by the judge of a rule against the defendant to show cause why he should not be adjudged guilty of contempt and punished accordingly. The rule to show cause may issue on the court's own motion or on motion of a party to the action or proceeding, and shall state the facts alleged to constitute the contempt. A certified copy of the motion and of the rule to show cause shall be served upon the person charged with contempt in the same manner as a subpoena, at least forty-eight hours before the time assigned for the trial of the rule, which shall be scheduled within twenty days of the filing of the motion for contempt.
C. Each protective order issued under this Chapter, including a temporary ex parte order, shall have the following statement printed in bold-faced type or in capital letters: "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF NOT MORE THAN $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH, AND MAY BE FURTHER PUNISHED UNDER THE CRIMINAL LAWS OF THE STATE OF LOUISIANA. THIS ORDER SHALL BE ENFORCED BY ALL LAW ENFORCEMENT OFFICERS AND COURTS OF THE STATE OF LOUISIANA."
D. Nothing contained herein shall be construed as a limitation on any applicable provisions of Title 14 of the Louisiana Revised Statutes of 1950.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1999, No. 1200, §3.
The granting of any relief authorized under this Chapter shall not preclude any other relief authorized by law.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
Whenever a law enforcement officer has reason to believe that a family or household member has been abused, the officer shall immediately use all reasonable means to prevent further abuse, including:
(1) Arresting the abusive party with a warrant or without a warrant pursuant to Article 213 of the Code of Criminal Procedure, if probable cause exists to believe that aggravated or second degree battery has been committed by that person, whether or not the offense occurred in the officer's presence.
(2) Arresting the abusive party in case of simple assault, aggravated assault, or simple battery, whether or not the offense occurred in the presence of the officer, when the officer reasonably believes there is impending danger to the physical safety of the abused person in the officer's absence. If there is no cause to believe there is impending danger, arresting the abusive party is at the officer's discretion.
(3) Assisting the abused person in obtaining medical treatment necessitated by the battery, or arranging for, or providing or assisting in the procurement of transportation for the abused person to a place of shelter or safety.
(4) Notifying the abused person of his right to initiate criminal or civil proceedings, the availability of the protective order pursuant to Article 1570, and the availability of community assistance for domestic violence victims.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
Whenever a law enforcement officer investigates an allegation of domestic abuse, whether or not an arrest is made, the officer shall make a written report of the alleged incident, including a statement of the complainant and the disposition of the case.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
Any law enforcement officer reporting in good faith, exercising due care in the making of an arrest, or providing assistance pursuant to the provisions of Articles 1573 and 1574 shall have immunity from any civil liability that otherwise might be incurred or imposed because of the report, arrest, or assistance provided.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
The Interstate Compact on Adoption and Medical Assistance is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992.
The party states find that:
(1) In order to obtain adoptive families for children with special needs, prospective adoptive parents must be assured of substantial assistance, usually on a continuing basis, in meeting the high costs of supporting and providing for the special needs and services required by such children.
(2) The states have a fundamental interest in promoting adoption for children with special needs because the care, emotional stability, and general support and encouragement required by such children to surmount their physical, mental, or emotional conditions can be best, and often only, obtained in family homes with a normal parent-child relationship.
(3) The states obtain advantages from providing adoption assistance because the customary alternative is for the state to defray the entire cost of meeting all the needs of such children.
(4) The special needs involved are for the emotional, physical maintenance of the child, and medical support and services.
(5) The necessary assurances of adoption assistance for children with special needs, in those instances where children and adoptive parents are in states other than the one undertaking to provide the assistance, is to establish and maintain suitable substantive guarantees and workable procedures for interstate payments to assist with the necessary child maintenance, procurement of services, and medical assistance.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992.
The purposes of this compact are to:
(1) Strengthen protections for the interests of the children with special needs on behalf of whom adoptive assistance is committed to be paid, when such children are in or move to states other than the one committed to make adoption assistance payments.
(2) Provide substantive assurances and procedures which will promote the delivery of medical and other services on an interstate basis to children through programs of adoption assistance established by the laws of the party states.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992.
As used in this compact, unless the context clearly requires a different construction:
(1) "Adoption assistance" means the payment or payments for maintenance of a child, which payment or payments are made or committed to be made pursuant to the adoption assistance program established by the laws of a party state.
(2) "Adoption assistance state" means the state that is signatory to an adoption assistance agreement in a particular case.
(3) "Child with special needs" means a minor who has not yet attained the age at which the state normally discontinues children's services or twenty-one, where the state determines that the child's mental or physical handicaps warrant the continuation of assistance, for whom the state has determined the following:
(a) That the child cannot or should not be returned to the home of his parents.
(b) That there exists with respect to the child a specific factor or condition, such as his ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical condition or physical, mental, or emotional handicaps, because of which it is reasonable to conclude that such child cannot be placed with adoptive parents without providing adoption assistance.
(c) That, except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child, a reasonable but unsuccessful effort has been made to place the child with appropriate adoptive parents without providing adoption assistance payments.
(4) "Parents" means either the singular or plural of the word "parent".
(5) "Residence state" means the state of which the child is a resident by virtue of the residence of the adoptive parents.
(6) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992.
A. Each state shall determine the amounts of adoption assistance and other aid which it will give to children with special needs and their adoptive parents in accordance with its own laws and programs. The adoption assistance and other aid may be made subject to periodic reevaluation of eligibility by the adoption assistance state in accordance with its laws. The provisions of this Article and of Article 1606 are subject to the limitation set forth in this Paragraph.
B. The adoption assistance and medical assistance services and benefits to which this compact applies are those provided to children with special needs and their adoptive parents from the time of the final decree of adoption or the interlocutory decree of adoption, as the case may be, pursuant to the laws of the adoption assistance state. In addition to the content required by subsequent provisions of this Article for adoption assistance agreements, each such agreement shall state whether the initial adoption assistance period thereunder begins with the final or interlocutory decree of adoption. Aid provided by party states to children with special needs during the preadoptive placement period or earlier shall be under the foster care or other programs of the states and, except as provided in Paragraph C of this Article, shall not be governed by the provisions of this compact.
C. Every case of adoption assistance shall include an adoption assistance agreement between the adoptive parents and the agency of the state undertaking to provide the adoption assistance. Every such agreement shall contain provisions for the fixing of actual or potential interstate aspects of the adoption assistance as follows:
(1) An express commitment that the adoption assistance shall be payable without regard for the state of residence of the adoptive parents, both at the outset of the agreement period and at all times during its continuance.
(2) A provision setting forth with particularity the types of child care and services toward which the adoption assistance state will make payments.
(3) A commitment to make medical assistance available to the child in accordance with Article 1606.
(4) An express declaration that the agreement is for the benefit of the child, the adoptive parents, and that state and that it is enforceable by any or all of them.
D. Any services or benefits provided by the residence state and the adoption assistance state for a child may be facilitated by the party states on each other's behalf. To this end, the personnel of the child welfare agencies of the party states will assist each other and beneficiaries of adoption assistance agreements with other party states in implementing benefits expressly included in adoption assistance agreements. However, it is recognized and agreed that, in general, children to whom adoption assistance agreements apply are eligible for benefits under the child welfare, education, rehabilitation, mental health, and other programs of their state of residence on the same basis as other resident children.
E. Adoption assistance payments, when made on behalf of a child in another state, shall be made on the same basis and in the same amounts as they would be made if the child were in the state making the payments.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992.
A. Children for whom a party state is committed in accordance with the terms of an adoption assistance agreement to make adoption assistance payments are eligible for medical assistance during the entire period for which such payments are to be provided. Upon application therefor, the adoptive parents of a child on whose behalf a party state's duly constituted authorities have entered into an adoption assistance agreement shall receive a medical assistance identification made out in the child's name. The identification shall be issued by the medical assistance program of the residence state and shall entitle the child to the same benefits, pursuant to the same procedures, as any other child who is a resident of the state and covered by medical assistance, whether or not the adoptive parents are eligible for medical assistance.
B. The identification shall bear no indication that an adoption assistance agreement with another state is the basis for issuance. However, if the identification is issued on account of an outstanding adoption assistance agreement to which another state is a signatory, the records of the issuing state and the adoption assistance state shall show the fact and shall contain a copy of the adoption assistance agreement and any amendment or replacement therefor, and all other pertinent information. The adoption assistance and medical assistance programs of the adoption assistance state shall be notified of the identification issuance.
C. A state which has issued a medical assistance identification pursuant to this compact, which identification is valid and currently in force, shall accept, process, and pay medical assistance claims thereon as on any other medical assistance eligibilities of residents.
D. An adoption assistance state which provides medical services or benefits to children covered by its adoption assistance agreements, which services or benefits are not provided for those children under the medical assistance program of the residence state, may enter into cooperative arrangements with the residence state to facilitate the delivery and administration of such services and benefits. However, any such arrangements shall not be inconsistent with this compact nor shall they relieve the residence state of any obligation to provide medical assistance in accordance with its laws and this compact.
E. A child whose residence is changed from one party state to another party state shall be eligible for medical assistance under the medical assistance program of the new state of residence.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992.
A. This compact shall be open to joinder by any state. It shall enter into force as to a state when its duly constituted and empowered authority has executed it.
B. In order that the provisions of this compact may be accessible to and known by the general public and so that its status as law in each of the party states may be fully implemented, the full text of the compact, together with a notice of its execution shall be caused to be published by the authority which has executed it in each party state. Copies of the compact shall be made available upon request made of the executing authority in any state.
C. Withdrawal from this compact shall be by written notice sent by the authority which executed it to the appropriate officials of all other party states, but no such notice shall take effect until one year after it is given in accordance with the requirements of this Paragraph.
D. All adoption assistance agreements outstanding and to which a party state is signatory at the time when its withdrawal from this compact takes effect shall continue to have the effects given to them pursuant to this compact, until they expire or are terminated in accordance with their provisions. Until such expiration or termination, all beneficiaries of the agreements involved shall continue to have all rights and obligations conferred or imposed by this compact, and the withdrawing state shall continue to administer the compact to the extent necessary to accord and implement fully the rights and protections preserved hereby.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992.
NOTE: Art. 1608 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The Interstate Compact on the Placement of Children is hereby enacted into law and entered into with all other jurisdictions legally joining therein as set out herein in Articles 1608 through 1617.
B. It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:
(1) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.
(2) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.
(3) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.
(4) Appropriate jurisdictional arrangements for the care of children will be promoted.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
NOTE: Art. 1609 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
As used in this compact:
(1) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control.
(2) "Placement" means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective, or epileptic, or any institution primarily educational in character, and any hospital or other medical facility.
(3) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.
(4) "Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency, or other entity which sends, brings, or causes to be sent or brought any child to another party state.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
NOTE: Art. 1610 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this Article and with the applicable laws of the receiving state governing the placement of children therein.
B. Prior to sending, bringing, or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain:
(1) The name, date, and place of birth of the child.
(2) The identity and address or addresses of the parents or legal guardian.
(3) The name and address of the person, agency, or institution to or with which the sending agency proposes to send, bring, or place the child.
(4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.
C. Any public officer or agency in a receiving state which is in receipt of a notice pursuant to Paragraph B of this Article may request the sending agency or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.
D. The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
NOTE: Art. 1611 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state.
B. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws.
C. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place or care for children.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
NOTE: Art. 1612 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment, and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.
B. When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.
C. Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state, nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in Paragraph A of this Article.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
NOTE: Art. 1613 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact, but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent to such other party jurisdiction for institutional care, and the court finds both that:
(1) Equivalent facilities for the child are not available in the sending agency's jurisdiction.
(2) Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
NOTE: Art. 1614 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
NOTE: Art. 1615 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
This compact shall not apply to:
(1) The sending or bringing of a child into a receiving state by his parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or nonagency guardian in the receiving state.
(2) Any placement, sending, or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
NOTE: Art. 1616 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. This compact shall be open to joinder by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of congress, the government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law.
B. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction.
C. Withdrawal of a party state shall not affect the rights, duties, and obligations under this compact of any sending agency herein with respect to a placement made prior to the effective date of withdrawal.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
NOTE: Art. 1617 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The provisions of this compact shall be liberally construed to effectuate the purposes thereof.
B. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
NOTE: Art. 1618 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. As used in Article 1610, when referring to this state, "appropriate public authorities" means the Louisiana Department of Children and Family Services.
B. As used in Article 1612, "appropriate authority in the receiving state" means any licensed child welfare agency in Louisiana.
C. As used in Article 1614, "executive head" means the governor of Louisiana.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
NOTE: Art. 1619 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
Financial responsibility for any child placed pursuant to the provisions of this compact shall be determined in accordance with the provisions of Article 1612 in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of Louisiana's laws fixing the responsibility for the support of children also may be invoked.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
NOTE: Art. 1620 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The officers and agencies of this state and its political subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to Paragraph B of Article 1612.
B. Any such agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof shall not be binding unless it has the approval in writing of the state treasurer in the case of the state and of the chief local fiscal officer in the case of a subdivision of the state.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
NOTE: Art. 1621 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
Any court having jurisdiction to place delinquent children may place such a child in an institution or in another state pursuant to Article 1613 and shall retain jurisdiction as provided in Article 1612.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
NOTE: Art. 1622 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
The governor is hereby authorized to appoint a compact administrator in accordance with the terms of Article 1614.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
NOTE: Art. 1623 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children
The provisions of this Chapter shall constitute the Interstate Compact for the Placement of Children. The purpose of the compact is to:
A. Provide a process through which children subject to the compact are placed in safe and suitable homes in a timely manner.
B. Facilitate ongoing supervision of a placement, the delivery of services, and communication between the states.
C. Provide operating procedures that will ensure that children are placed in safe and suitable homes in a timely manner.
D. Provide for the promulgation and enforcement of administrative rules implementing the provisions of the compact and regulating the covered activities of the member states.
E. Provide for uniform data collection and information sharing between member states under the compact.
F. Promote coordination between the compact, the Interstate Compact for Juveniles, the Interstate Compact on Adoption and Medical Assistance, and other compacts affecting the placement of and which provide services to children otherwise subject to the compact.
G. Provide for a state's continuing legal jurisdiction and responsibility for placement and care of a child that it would have had if the placement were intrastate.
H. Provide for the promulgation of guidelines, in collaboration with Indian tribes, for interstate cases involving Indian children as is or may be permitted by federal law.
Acts 2010, No. 893, §1.
NOTE: Art. 1624 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
As used in this Chapter, the following terms shall have the following meanings:
(1) "Approved placement" means the public child placing agency in the receiving state has determined that the placement is both safe and suitable for the child.
(2) "Assessment" means an evaluation of a prospective placement by a public child placing agency in the receiving state to determine if the placement meets the individualized needs of the child, including but not limited to the child's safety and stability, health and well-being, and mental, emotional and physical development. "Assessment" is applicable only to a placement by a public child placing agency.
(3) "Certification" means to attest, declare, or swear to before a judge or notary public.
(4) "Child" means an individual who has not attained the age of eighteen.
(5) "Default" means the failure of a member state to perform the obligations or responsibilities imposed upon it by the compact, the bylaws, or rules of the Interstate Commission.
(6) "Home study" means an evaluation of a home environment conducted in accordance with the applicable requirements of the state in which the home is located, and documenting the preparation and the suitability of the placement resource for placement of a child in accordance with the laws and requirements of the state in which the home is located.
(7) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaskan native village as defined in Section 3(C) of the Alaska Native Claims Settlement Act at 43 U.S.C. 1602(C).
(8) "Interstate Commission for the Placement of Children" means the commission that is created under Article 1630 and which is generally referred to as the Interstate Commission.
(9) "Jurisdiction" means the power and authority of a court to hear and decide matters.
(10) "Legal Risk Placement" ("Legal Risk adoption") means a placement made preliminary to an adoption where the prospective adoptive parents acknowledge in writing that a child may be ordered returned to the sending state or the birth mother’s state of residence, if different from the sending state, and a final decree of adoption shall not be entered in any jurisdiction until all required consents are obtained or are dispensed with in accordance with applicable law.
(11) "Member state" means a state that has enacted the compact.
(12) "Noncustodial parent" means a person who, at the time of the commencement of court proceedings in the sending state, does not have sole legal custody of the child or has joint legal custody of a child, and who is not the subject of allegations or findings of child abuse or neglect.
(13) "Nonmember state" means a state which has not enacted the compact.
(14) "Notice of residential placement" means information regarding a placement into a residential facility provided to the receiving state including, but not limited to the name, date and place of birth of the child, the identity and address of the parent or legal guardian, evidence of authority to make the placement, and the name and address of the facility in which the child will be placed. Notice of residential placement shall also include information regarding a discharge and any unauthorized absence from the facility.
(15) "Placement" means the act by a public or private child placing agency intended to arrange for the care or custody of a child in another state.
(16) "Private child placing agency" means any private corporation, agency, foundation, institution, or charitable organization, or any private person or attorney that facilitates, causes, or is involved in the placement of a child from one state to another and that is not an instrumentality of the state or acting under state law.
(17) "Provisional placement" means a determination made by the public child placing agency in the receiving state that the proposed placement is safe and suitable, and, to the extent allowable, the receiving state has temporarily waived its standards or requirements otherwise applicable to prospective foster or adoptive parents so as to not delay the placement. Completion of the receiving state requirements regarding training for prospective foster or adoptive parents shall not delay an otherwise safe and suitable placement.
(18) "Public child placing agency" means any government child welfare agency or child protection agency or a private entity under contract with such an agency, regardless of whether they act on behalf of a state, county, municipality or other governmental unit and which facilitates, causes, or is involved in the placement of a child from one state to another.
(19) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought.
(20) "Relative" means someone who is related to the child as a parent, stepparent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a nonrelative with such significant ties to the child that they may be regarded as relatives as determined by the court in the sending state.
(21) "Residential facility" means a facility providing a level of care that is sufficient to substitute for parental responsibility or foster care, and is beyond what is needed for assessment or treatment of an acute condition. For purposes of the compact, residential facilities do not include institutions primarily educational in character, hospitals, or other medical facilities.
(22) "Rule" means a written directive, mandate, standard, or principle issued by the Interstate Commission promulgated pursuant to this Chapter that is of general applicability and that implements, interprets, or prescribes a policy or provision of the compact. "Rule" has the force and effect of an administrative rule in a member state, and includes the amendment, repeal, or suspension of an existing rule.
(23) "Sending state" means the state from which the placement of a child is initiated.
(24) "Service member's permanent duty station" means the military installation where an active duty armed services member is currently assigned and is physically located under competent orders that do not specify the duty as temporary.
(25) "Service member's state of legal residence" means the state in which the active duty armed services member is considered a resident for tax and voting purposes.
(26) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other territory of the United States.
(27) "State court" means a judicial body of a state that is vested by law with responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency or status offenses of individuals who have not attained the age of eighteen.
(28) "Supervision" means monitoring provided by the receiving state once a child has been placed in a receiving state pursuant to the compact.
Acts 2010, No. 893, §1.
NOTE: Art. 1625 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the interstate Compact for the Placement of Children.
A. Except as otherwise provided in Paragraph B of this Article, the compact shall apply to all of the following:
(1) The interstate placement of a child subject to ongoing court jurisdiction in the sending state, due to allegations or findings that the child has been abused, neglected, or deprived as defined by the laws of the sending state, provided, however, that the placement of such a child into a residential facility shall require only notice of residential placement to the receiving state prior to placement.
(2) The interstate placement of a child adjudicated delinquent or unmanageable based on the laws of the sending state and subject to ongoing court jurisdiction of the sending state if any of the following apply:
(a) The child is being placed in a residential facility in another member state and is not covered under another compact.
(b) The child is being placed in another member state and the determination of safety and suitability of the placement and services required is not provided through another compact.
(3) The interstate placement of any child by a public child placing agency or private child placing agency as defined in the compact as a preliminary step to a possible adoption.
B. The provisions of the compact shall not apply to:
(1) The interstate placement of a child in a custody proceeding in which a public child placing agency is not a party, provided that the placement is not intended to effectuate an adoption.
(2) The interstate placement of a child with a nonrelative in a receiving state by a parent with the legal authority to make such a placement provided, however, that the placement is not intended to effectuate an adoption.
(3) The interstate placement of a child by one relative with the lawful authority to make such a placement directly with a relative in a receiving state.
(4) The placement of a child, not subject to Paragraph A of this Article, into a residential facility by his parent.
(5) The placement of a child with a noncustodial parent provided all of the following exist:
(a) The noncustodial parent proves to the satisfaction of a court in the sending state a substantial relationship with the child.
(b) The court in the sending state makes a written finding that placement with the noncustodial parent is in the best interests of the child.
(c) The court in the sending state dismisses its jurisdiction in interstate placements in which the public child placing agency is a party to the proceeding.
(6) A child entering the United States from a foreign country for the purpose of adoption or leaving the United States to go to a foreign country for the purpose of adoption in that country.
(7) A child who is a United States citizen living overseas with a United States armed services member stationed overseas, is removed and placed in a state.
(8) The sending of a child by a public child placing agency or a private child placing agency for a visit as defined by the rules of the Interstate Commission.
C. For purposes of determining the applicability of the compact to the placement of a child with a family in the armed services, the public child placing agency or private child placing agency may choose the state of the service member's permanent duty station or the service member's declared legal residence.
D. Nothing in this Chapter shall be construed to prohibit the concurrent application of the provisions of the compact with other applicable interstate compacts including the Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical Assistance. The Interstate Commission may in cooperation with other interstate compact commissions having responsibility for the interstate movement, placement or transfer of children, promulgate like rules to ensure the coordination of services, timely placement of children, and the reduction of unnecessary or duplicative administrative or procedural requirements.
Acts 2010, No. 893, §1.
NOTE: Art. 1626 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. Except as provided in Paragraph H of this Article, and Article 1627(B)(2) and (3) concerning private and independent adoptions, and in interstate placements in which the public child placing agency is not a party to a custody proceeding, the sending state shall retain jurisdiction over a child with respect to all matters of custody and disposition of the child which it would have had if the child had remained in the sending state. Jurisdiction shall also include the power to order the return of the child to the sending state.
B. When an issue of child protection or custody is brought before a court in the receiving state, such court shall confer with the court of the sending state to determine the most appropriate forum for adjudication.
C. In cases subject to this compact, the taking of testimony for hearings before any judicial officer may occur in person or by telephone, audio-video conference, or such other means as approved by the rules of the Interstate Commission, and judicial officers may communicate with other judicial officers and persons involved in the interstate process as may be permitted by their Canons of Judicial Conduct and any rules promulgated by the Interstate Commission.
D. In accordance with its own laws, the court in the sending state shall have authority to terminate its jurisdiction if any of the following occur:
(1) The child is reunified with the parent in the receiving state who is the subject of allegations or findings of abuse or neglect, only with the concurrence of the public child placing agency in the receiving state.
(2) The child is adopted.
(3) The child reaches the age of majority.
(4) The child achieves legal independence pursuant to the laws of the sending state.
(5) A guardianship is created by a court in the receiving state with the concurrence of the court in the sending state.
(6) An Indian tribe has petitioned for and received jurisdiction from the court in the sending state.
(7) The public child placing agency of the sending state requests termination and has obtained the concurrence of the public child placing agency in the receiving state.
E. When a sending state court terminates its jurisdiction, the receiving state child placing agency shall be notified.
F. Nothing in this Article shall defeat a claim of jurisdiction by a receiving state court sufficient to deal with an act of truancy, delinquency, crime, or behavior involving a child as defined by the laws of the receiving state committed by the child in the receiving state which may be a violation of its laws.
G. Nothing in this Article shall limit the receiving state's ability to take emergency jurisdiction for the protection of the child.
H. The substantive laws of the state in which an adoption will be finalized shall solely govern all issues relating to the adoption of the child and the court in which the adoption proceeding is filed shall have subject matter jurisdiction regarding all substantive issues relating to the adoption, except when any of the following exists:
(1) The child is a ward of another court that established jurisdiction over the child prior to the placement.
(2) The child is in the legal custody of a public agency in the sending state.
(3) A court in the sending state has otherwise appropriately assumed jurisdiction over the child, prior to the submission of the request for approval of placement.
I. A final decree of adoption shall not be entered in any jurisdiction until the placement is authorized as an "approved placement" by the public child placing agency in the receiving state.
Acts 2010, No. 893, §1.
NOTE: Art. 1627 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. Prior to sending, bringing, or causing a child to be sent or brought into a receiving state, the public child placing agency shall provide a written request for assessment to the receiving state.
B. For placements by a private child placing agency, a child may be sent or brought, or caused to be sent or brought, into a receiving state, upon receipt and immediate review of the required content in a request for approval of a placement in both the sending and receiving state public child placing agency. The required content to accompany a request for approval shall include all of the following:
(1) A request for approval identifying the child, birth parents, the prospective adoptive parent, and the supervising agency, signed by the person requesting approval.
(2) The appropriate consents or relinquishments signed by the birth parents in accordance with the laws of the sending state or, where permitted, the laws of the state where the adoption will be finalized.
(3) Certification by a licensed attorney or authorized agent of a private adoption agency that the consent or relinquishment is in compliance with the applicable laws of the sending state or, where permitted, the laws of the state where finalization of the adoption will occur.
(4) A home study.
(5) An acknowledgment of legal risk signed by the prospective adoptive parents.
C. The sending state and the receiving state may request additional information or documents prior to finalization of an approved placement, but they may not delay travel by the prospective adoptive parents with the child if the required content for approval has been submitted, received, and reviewed by the public child placing agency in both the sending state and the receiving state.
D. Approval from the public child placing agency in the receiving state for a provisional or approved placement is required as provided for in the rules of the Interstate Commission.
E. The procedures for making and the request for an assessment shall contain all information and be in such form as provided for in the rules of the Interstate Commission.
F. Upon receipt of a request from the public child welfare agency of the sending state, the receiving state shall initiate an assessment of the proposed placement to determine its safety and suitability. If the proposed placement is a placement with a relative, the public child placing agency of the sending state may request a determination for a provisional placement.
G. The public child placing agency in the receiving state may request from the public child placing agency or the private child placing agency in the sending state, and shall be entitled to receive, supporting or additional information necessary to complete the assessment or approve the placement.
H. The public child placing agency in the receiving state shall approve a provisional placement and complete or arrange for the completion of the assessment within the timeframes established by the rules of the Interstate Commission.
I. For a placement by a private child placing agency, the sending state shall not impose any additional requirements to complete the home study that are not required by the receiving state, unless the adoption is finalized in the sending state.
J. The Interstate Commission may develop uniform standards for the assessment of the safety and suitability of interstate placements.
Acts 2010, No. 893, §1.
NOTE: Art. 1628 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. Except as provided in this compact, no child subject to the compact shall be placed into a receiving state until approval for such placement is obtained.
B. If the public child placing agency in the receiving state does not approve the proposed placement, then the child shall not be placed. The receiving state shall provide written documentation of any such determination in accordance with the rules promulgated by the Interstate Commission. The determination is not subject to judicial review in the sending state.
C. If the proposed placement is not approved, any interested party shall have standing to seek an administrative review of the receiving state's determination.
D. The administrative review and any further judicial review associated with the determination shall be conducted in the receiving state pursuant to its applicable administrative procedures.
E. If a determination not to approve the placement of the child in the receiving state is overturned upon review, the placement shall be deemed approved, provided that all administrative or judicial remedies have been exhausted or the time for such remedies has passed.
Acts 2010, No. 893, §1.
NOTE: Art. 1629 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. For the interstate placement of a child made by a public child placing agency or state court:
(1) The public child placing agency in the sending state shall have financial responsibility for all of the following:
(a) The ongoing support and maintenance for the child during the period of the placement, unless otherwise provided for in the receiving state.
(b) Services for the child beyond the public services for which he is eligible in the receiving state, as determined by the public child placing agency in the sending state.
(2) The receiving state shall have financial responsibility only for the following:
(a) Any assessment conducted by the receiving state.
(b) Supervision conducted by the receiving state at the level necessary to support the placement as agreed upon by the public child placing agencies of the receiving and sending state.
(3) Nothing in this Article shall prohibit public child placing agencies in the sending state from entering into agreements with licensed agencies or persons in the receiving state to conduct assessments and provide supervision.
B. For the placement of a child by a private child placing agency preliminary to a possible adoption, the private child placing agency shall be legally responsible for the child during the period of placement as provided for in the law of the sending state until the finalization of the adoption and financially responsible for the child absent a contractual agreement to the contrary.
C. The public child placing agency in the receiving state shall provide timely assessments, as provided for in the rules of the Interstate Commission.
D. The public child placing agency in the receiving state shall provide, or arrange supervision and services for the child, including timely reports, during the period of the placement.
E. Nothing in this Chapter or the compact shall be construed as to limit the authority of the public child placing agency in the receiving state from contracting with a licensed agency or person in the receiving state for an assessment or supervision or services for the child or otherwise authorizing supervision or services by a licensed agency during the period of placement.
F. Each member state shall provide for coordination among its branches of government concerning the state's participation in, and compliance with, the compact and Interstate Commission activities, through the creation of an advisory council or use of an existing body or board.
G. Each member state shall establish a central state compact office, which shall be responsible for state compliance with the compact and the rules of the Interstate Commission.
H. The public child placing agency in the sending state shall oversee compliance with the provisions of the Indian Child Welfare Act (25 U.S.C. 1901 et seq.) for placements subject to the provisions of the compact, prior to placement.
I. With the consent of the Interstate Commission, states may enter into limited agreements that facilitate the timely assessment and provision of services and supervision of placements under the compact.
Acts 2010, No. 893, §1.
NOTE: Art. 1630 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The member states hereby establish, by way of the compact, a commission known as the "Interstate Commission for the Placement of Children". The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:
(1) Be a joint commission of the member states and shall have the responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by subsequent concurrent action of the respective legislatures of the member states.
(2) Consist of one commissioner from each member state who shall be appointed by the executive head of the state human services administration with ultimate responsibility for the child welfare program. The appointed commissioner shall have the legal authority to vote on policy related matters governed by the compact binding the state.
B. Each member state represented at a meeting of the Interstate Commission is entitled to one vote.
C. A majority of the member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
D. A representative shall not delegate a vote to another member state.
E. A representative may delegate voting authority to another person from their state for a specified meeting.
F. In addition to the commissioners of each member state, the Interstate Commission shall include persons who are members of interested organizations as defined in the bylaws or rules of the Interstate Commission. These members shall be ex officio and shall not be entitled to vote on any matter before the Interstate Commission.
G. The Interstate Commission shall establish an executive committee which shall have the authority to administer the daily operations and administration of the commission. The executive committee shall not have the power to engage in rulemaking.
Acts 2010, No. 893, §1.
NOTE: Art. 1631 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The Interstate Commission shall have the following powers:
(1) To promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in the compact.
(2) To provide for dispute resolution among member states.
(3) To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, or actions.
(4) To enforce compliance with the compact or the bylaws or rules of the Interstate Commission.
(5) To collect standardized data concerning the interstate placement of children subject to the compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange, and reporting requirements.
(6) To establish and maintain offices as may be necessary for the transacting of its business.
(7) To purchase and maintain insurance and bonds.
(8) To hire or contract for services of personnel or consultants as necessary to carry out its functions under the compact and establish personnel qualification policies, and rates of compensation.
(9) To establish and appoint committees and officers including, but not limited to, an executive committee as required by this Chapter.
(10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose thereof.
(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property.
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property.
(13) To establish a budget and make expenditures.
(14) To adopt a seal and bylaws governing the management and operation of the Interstate Commission.
B. The commission shall report annually to the legislatures, governors, the judiciary, and state advisory councils of the member states concerning the activities of the Interstate Commission during the preceding year. Reports shall also include any recommendations adopted by the Interstate Commission.
C. The commission shall coordinate and provide education, training, and public awareness regarding the interstate movement of children for officials involved in such activity.
D. The commission shall maintain books and records in accordance with the bylaws of the Interstate Commission.
E. The commission may perform such other functions as may be necessary or appropriate to achieve the purposes of the compact.
Acts 2010, No. 893, §1.
NOTE: Art. 1632 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. Bylaws:
(1) Within twelve months after the first Interstate Commission meeting, the Interstate Commission shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact.
(2) The Interstate Commission's bylaws and rules shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
B. Meetings:
(1) The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.
(2) Public notice shall be given by the Interstate Commission of all meetings, and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, when it determines by two-thirds vote that an open meeting would be likely to do any of the following:
(a) Relate solely to the Interstate Commission's internal personnel practices and procedures.
(b) Disclose matters specifically exempted from disclosure by federal law.
(c) Disclose financial or commercial information which is privileged, proprietary or confidential in nature.
(d) Involve accusing a person of a crime, or formally censuring a person.
(e) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy or physically endanger one or more persons.
(f) Disclose investigative records compiled for law enforcement purposes.
(g) Relate to the Interstate Commission's participation in a legal proceeding.
(3) For a meeting, or portion of a meeting, closed pursuant to this Article, the Interstate Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemption provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission or by court order.
(4) The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or other electronic communication.
C. Officers and staff:
(1) The Interstate Commission may, through its executive committee, appoint or retain a staff director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The staff director shall serve as secretary to the Interstate Commission, but shall not have a vote. The staff director may hire and supervise such other staff as may be authorized by the Interstate Commission.
(2) The Interstate Commission shall elect, from among its members, a chairperson and a vice chairperson of the executive committee and other necessary officers, each of whom shall have such authority and duties as may be specified in the bylaws.
D. Qualified immunity, defense and indemnification:
(1) The Interstate Commission's staff director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by a criminal act or the intentional or willful and wanton misconduct of such person.
(2) The liability of the Interstate Commission's staff director and employees or Interstate Commission representatives, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this Chapter shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by a criminal act or the intentional or willful and wanton misconduct of such person.
(3) The Interstate Commission shall defend the staff director and its employees and, subject to the approval of the attorney general or other appropriate legal counsel of the member state, shall defend the commissioner of a member state in a civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
(4) To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
Acts 2010, No. 893, §1.
NOTE: Art. 1633 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The Interstate Commission shall promulgate and publish rules to achieve the purposes of the compact.
B. Rulemaking shall occur pursuant to this Article and the bylaws and rules adopted. Rulemaking shall substantially conform to the principles of the "Model State Administrative Procedure Act", 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedure acts as the Interstate Commission deems appropriate consistent with due process requirements under the United States Constitution. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Interstate Commission.
C. When promulgating a rule, the Interstate Commission shall, at a minimum:
(1) Publish the proposed rule's entire text stating the reason for the proposed rule.
(2) Allow and invite any and all persons to submit written data, facts, opinions and arguments, which information shall be added to the record, and be made publicly available.
(3) Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.
D. Rules promulgated by the Interstate Commission shall have the force and effect of administrative rules and shall be binding in the compacting states to the extent and in the manner provided for in this compact.
E. Not later than sixty days after a rule is promulgated, an interested person may file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission’s principal office is located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside.
F. If a majority of the legislatures of the member states rejects a rule, those states may by enactment of a statute or resolution in the same manner used to adopt the compact cause that such rule shall have no further force and effect in any member state.
G. The existing rules governing the operation of the Interstate Compact on the Placement of Children superseded by this Chapter shall be null and void no less than twelve, but no more than twenty-four months after the first meeting of the Interstate Commission created hereunder, as determined by the members during the first meeting.
H. Within the first twelve months of operation, the Interstate Commission shall promulgate rules addressing all of the following:
(1) Transition rules.
(2) Forms and procedures.
(3) Timelines.
(4) Data collection and reporting.
(5) Rulemaking.
(6) Visitation.
(7) Progress reports and supervision.
(8) Sharing of information and confidentiality.
(9) Financing of the Interstate Commission.
(10) Mediation, arbitration and dispute resolution.
(11) Education, training and technical assistance.
(12) Enforcement.
(13) Coordination with other interstate compacts.
I. Upon determination by a majority of the members of the Interstate Commission that an emergency exists:
(1) The Interstate Commission may promulgate an emergency rule only if it is required to do any of the following:
(a) Protect the children covered by the compact from an imminent threat to their health, safety, and well-being.
(b) Prevent loss of federal or state funds.
(c) Meet a deadline for the promulgation of an administrative rule required by federal law.
(2) An emergency rule shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to such rule as soon as reasonably possible, but no later than ninety days after the effective date of the emergency rule.
(3) An emergency rule shall be promulgated as provided for in the rules of the Interstate Commission.
Acts 2010, No. 893, §1.
NOTE: Art. 1634 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. Oversight:
(1) The Interstate Commission shall oversee the administration and operation of the compact.
(2) The executive, legislative, and judicial branches of state government in each member state shall enforce the compact and the rules of the Interstate Commission and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The compact and its rules shall be binding in the compacting states to the extent and in the manner provided for in this compact.
(3) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact.
(4) The Interstate Commission shall be entitled to receive service of process in any action in which the validity of a compact provision or rule is the issue for which a judicial determination has been sought and shall have standing to intervene in any proceedings. Failure to provide service of process to the Interstate Commission shall render any judgment, order, or other determination, however so captioned or classified, void as to the Interstate Commission, the compact, its bylaws or rules of the Interstate Commission.
B. Dispute resolution:
(1) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and nonmember states.
(2) The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among compacting states. The costs of such mediation or dispute resolution shall be the responsibility of the parties to the dispute.
C. Enforcement:
(1) If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact, its bylaws or rules, the Interstate Commission may take any of the following actions:
(a) Provide remedial training and specific technical assistance.
(b) Provide written notice to the defaulting state and other member states, of the nature of the default and the means of curing the default. The Interstate Commission shall specify the conditions by which the defaulting state shall cure its default.
(c) By majority vote of the members, initiate against a defaulting member state legal action in the United State District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal office, to enforce compliance with the provisions of the compact, its bylaws or rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney fees.
(d) Avail itself of any other remedies available under state law or the regulation of official or professional conduct.
Acts 2010, No. 893, §1.
NOTE: Art. 1635 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The Interstate Commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
B. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved by its members each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission which shall promulgate a rule binding upon all member states.
C. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.
D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
Acts 2010, No. 893, §1.
NOTE: Art. 1636 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. Any state is eligible to become a member state.
B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five states. The effective date shall be the later of July 1, 2007 or upon enactment of the compact into law by the thirty-fifth state. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The executive heads of the state human services administration with ultimate responsibility for the child welfare program of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states.
C. The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding on the member states unless and until it is enacted into law by unanimous consent of the member states.
Acts 2010, No. 893, §1.
NOTE: Art. 1637 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. Withdrawal:
(1) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact specifically repealing the statute which enacted the compact into law.
(2) Withdrawal from the compact shall be by the enactment of a statute repealing the same. The effective date of withdrawal shall be the effective date of the repeal of the statute.
(3) The withdrawing state shall immediately notify the president of the Interstate Commission in writing upon the introduction of legislation repealing the compact. The Interstate Commission shall then notify the other member states of the state's intent to withdraw.
(4) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal.
(5) Reinstatement following withdrawal of a member state shall occur when the state reenacts the compact or upon a date determined by the members of the Interstate Commission.
B. Dissolution of compact:
(1) The compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.
(2) Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
Acts 2010, No. 893, §1.
NOTE: Art. 1638 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The provisions of this Chapter and the compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
B. The provisions of this Chapter and the compact shall be liberally construed to effectuate its purposes.
C. Nothing in this Chapter or the compact shall be construed to prohibit the concurrent applicability of other interstate compacts to which the states are members.
Acts 2010, No. 893, §1.
NOTE: Art. 1639 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.
B. Binding effect of the compact.
(1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.
(2) All agreements between the Interstate Commission and the member states are binding in accordance with their terms.
(3) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, it shall be ineffective to the extent of the conflict.
Acts 2010, No. 893, §1.
NOTE: Art. 1640 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
Notwithstanding any other provision in this Chapter or the compact, the Interstate Commission may promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or all of the purposes of the compact as specified in Article 1623. The Interstate Commission shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to reflect the diverse circumstances of the various Indian tribes.
Acts 2010, No. 893, §1.
NOTE: Art. 1641 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The Department of Children and Family Services shall have the authority to promulgate rules and regulations in accordance with the Administrative Procedure Act as necessary to carry out the provisions of this Chapter.
B. Notwithstanding any other provision of this Chapter, rules adopted by the Interstate Commission shall not supersede state law, and shall not be binding unless also promulgated by this state in accordance with the Administrative Procedure Act. The provisions of this Subsection shall control to the extent of conflict with any other provision of law.
Acts 2010, No. 893, §1.
NOTE: Art. 1642 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
Financial responsibility for any child placed under this compact shall be determined in accordance with Article 1629. However, in the event of partial or complete default of performance, other provisions of law may also be invoked.
Acts 2010, No. 893, §1.
NOTE: Art. 1643 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The officers and agencies of this state and its political subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to Article 1629.
B. Any agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof shall not be binding unless it has the approval in writing of the state treasurer in the case of the state and of the chief local fiscal officer in the case of a subdivision of the state.
Acts 2010, No. 893, §1.
Repealed by Acts 2003, No. 1185, §2, eff. July 1, 2004.
Repealed by Acts 2003, No. 1185, §2, eff. July 1, 2004.
Repealed by Acts 2003, No. 1185, §2, eff. July 1, 2004.
Repealed by Acts 2003, No. 1185, §2, eff. July 1, 2004.
Repealed by Acts 2003, No. 1185, §2, eff. July 1, 2004.
Repealed by Acts 2003, No. 1185, §2, eff. July 1, 2004.
Repealed by Acts 2003, No. 1185, §2, eff. July 1, 2004.
Repealed by Acts 2003, No. 1185, §2, eff. July 1, 2004.
Repealed by Acts 2003, No. 1185, §2, eff. July 1, 2004.
Repealed by Acts 2003, No. 1185, §2, eff. July 1, 2004.
Repealed by Acts 2003, No. 1185, §2, eff. July 1, 2004.
Repealed by Acts 2003, No. 1185, §2, eff. July 1, 2004.
Repealed by Acts 2003, No. 1185, §2, eff. July 1, 2004.
Repealed by Acts 2003, No. 1185, §2, eff. July 1, 2004.
A. The compacting states to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped, or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
B. It is the purpose of this compact, through means of joint and cooperative action among the compacting states to:
(1) Ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state.
(2) Ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected.
(3) Return juveniles who have run away, absconded, or escaped from supervision or control or have been accused of an offense to the state requesting their return.
(4) Make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services.
(5) Provide for the effective tracking and supervision of juveniles.
(6) Equitably allocate the costs, benefits and obligations of the compacting states.
(7) Establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency which has jurisdiction over juvenile offenders.
(8) Ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines.
(9) Establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this compact.
(10) Establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators.
(11) Monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance.
(12) Coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity.
(13) Coordinate the implementation and operation of the compact with the Interstate Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.
Acts 2003, No. 1185, §1, eff. July 1, 2004.
As used in this Chapter, unless the context clearly requires a different construction:
(1) "Bylaws" means those bylaws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct.
(2) "Compact administrator" means the individual in each compacting state appointed pursuant to the terms of this compact, responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact.
(3) "Compacting state" means any state which has enacted the enabling legislation for this compact.
(4) "Commissioner" means the voting representative of each compacting state appointed pursuant to Article 1663 of this compact.
(5) "Court" means any court having jurisdiction over delinquent, neglected, or dependent children.
(6) "Deputy compact administrator" means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact.
(7) "Interstate Commission" means the Interstate Commission for Juveniles created by Article 1663 of this compact.
(8) "Juvenile" means any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including any of the following:
(a) "Accused delinquent" means a person charged with an offense that, if committed by an adult, would be a criminal offense.
(b) "Adjudicated delinquent" means a person found to have committed an offense that, if committed by an adult, would be a criminal offense.
(c) "Accused status offender" means a person charged with an offense that would not be a criminal offense if committed by an adult.
(d) "Adjudicated status offender" means a person found to have committed an offense that would not be a criminal offense if committed by an adult.
(e) "Non-offender" means a person in need of supervision who has not been accused or adjudicated a status offender or delinquent.
(9) "Non-compacting state" means any state which has not enacted the enabling legislation for this compact.
(10) "Probation or parole" means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.
(11) "Rule" means a written statement by the Interstate Commission promulgated pursuant to Article 1666 of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension or an existing rule.
(12) "State" means a state of the United States, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.
Acts 2003, No. 1185, §1, eff. July 1, 2004.
A. The compacting states hereby create the "Interstate Commission for Juveniles". The commission shall be a body corporate and joint agency of the compacting states. The commission shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
B. The Interstate Commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Council for Interstate Juvenile Supervision created hereunder. The commissioner shall be the compact administrator, deputy compact administrator or designee from that state who shall serve on the Interstate Commission in such capacity under or pursuant to the applicable law of the compacting state.
C. In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners, but who are members of interested organizations. Such non-commissioner members shall include a member of the National Organizations of Governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims. All non-commissioner members of the Interstate Commission shall be ex officio, non-voting members. The Interstate Commission may provide in its bylaws for such additional ex officio, non-voting members, including members of other national organizations, as such numbers as shall be determined by the commission.
D. Each compacting state represented at any meeting of the commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
E. The commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
F. The Interstate Commission shall establish an executive committee, which shall include commission officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and Interstate Commission staff; administer enforcement and compliance with the provisions of the compact, its bylaws and rules, and perform such other duties as directed by the Interstate Commission or set forth in the bylaws.
G. Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication.
H. The Interstate Commission's bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
I.(1) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact.
(2) The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to include or provide for any of the following:
(a) Relate solely to the Interstate Commission's internal personnel practices and procedures.
(b) Disclose matters specifically exempted from disclosure by statute.
(c) Disclose trade secrets or commercial or financial information which is privileged or confidential.
(d) Involve accusing any person of a crime, or formally censuring any person.
(e) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
(f) Disclose investigative records compiled for law enforcement purposes.
(g) Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity.
(h) Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity.
(i) Specifically relate to the Interstate Commission's issuance of a subpoena, or its participation in a civil action or other legal proceeding.
J. For every meeting closed pursuant to this provision, the Interstate Commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote, which shall reflect the vote of each member on the question. All documents considered in connection with any action shall be identified in such minutes.
K. The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall insofar as is reasonably possible conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.
Acts 2003, No. 1185, §1, eff. July 1, 2004.
The commission shall have the following powers and duties:
(1) To provide for dispute resolution among compacting states.
(2) To promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.
(3) To oversee, supervise and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules promulgated by the Interstate Commission.
(4) To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process.
(5) To establish and maintain offices which shall be located within one or more of the compacting states.
(6) To purchase and maintain insurance and bonds.
(7) To borrow, accept, hire or contract for services of personnel.
(8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including but not limited to an executive committee as required by Article 1663 which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.
(9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation, and qualifications of personnel.
(10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize and dispose of it.
(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed.
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.
(13) To establish a budget and make expenditures and levy dues as provided in Article 1668 of this compact.
(14) To sue and be sued.
(15) To adopt a seal and bylaws governing the management and operation of the Interstate Commission.
(16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
(17) To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.
(18) To coordinate education, training and public awareness regarding the interstate movement of juveniles for officials involved in such activity.
(19) To establish uniform standards of the reporting, collecting and exchanging of data.
(20) To maintain its corporate books and records in accordance with the bylaws.
Acts 2003, No. 1185, §1, eff. July 1, 2004.
A. The Interstate Commission shall, by a majority of the members present and voting, within twelve months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including but not limited to:
(1) Establishing the fiscal year of the Interstate Commission.
(2) Establishing an executive committee and such other committees as may be necessary.
(3) Providing for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission.
(4) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting.
(5) Establishing the titles and responsibilities of the officers of the Interstate Commission.
(6) Providing a mechanism for concluding the operations of the Interstate Commission and the return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations.
(7) Providing "start-up" rules for initial administration of the compact.
(8) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
B.(1) The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice chairperson shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.
(2) The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a member and shall hire and supervise such other staff as may be authorized by the Interstate Commission.
C.(1) The commission's executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that any such person shall not be protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.
(2) The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. Nothing in this Paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.
(3) The Interstate Commission shall defend the executive director or the employees or representatives of the Interstate Commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
(4) The Interstate Commission shall indemnify and hold the commissioner of a compacting state, or the commissioner's representatives or employees, or the Interstate Commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
Acts 2003, No. 1185, §1, eff. July 1, 2004.
A. The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.
B. Rulemaking shall occur pursuant to the criteria set forth in this Article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the "Model State Administrative Procedure Act", 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such other administrative procedure act, as the Interstate Commission deems appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the commission.
C. When promulgating a rule, the Interstate Commission shall, at a minimum do all of the following:
(1) Publish the proposed rule's entire text stating the reason or reasons for that proposed rule.
(2) Allow and invite any and all persons to submit written data, facts, opinions and arguments, which information shall be added to the record, and be made publicly available.
(3) Provide an opportunity for an informal hearing if petitioned by ten or more persons.
(4) Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.
D. Allow, not later than sixty days after a rule is promulgated, any interested person to file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission's principal office is located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this Paragraph, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedure Act.
E. If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.
F. The existing rules governing the operation of the Interstate Compact on Juveniles superseded by the enactment of this Chapter shall be null and void twelve months after the first meeting of the Interstate Commission created hereunder.
G. Upon determination by the Interstate Commission that a state of emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than ninety days after the effective date of the emergency rule.
Acts 2003, No. 1185, §1, eff. July 1, 2004.
A.(1) The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in non-compacting states which may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public offices, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
B.(1) The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.
(2) The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and non-compacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(3) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in Article 1671 of this compact.
Acts 2003, No. 1185, §1, eff. July 1, 2004.
A. The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
B. The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.
C. The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
Acts 2003, No. 1185, §1, eff. July 1, 2004.
Each member state shall create a State Council for Interstate Juvenile Supervision. While each state may determine the membership of its own state council, its membership shall include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator or designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council will advise and may exercise oversight and advocacy concerning that state's participation in Interstate Commission activities and other duties as may be determined by that state including but not limited to development of policy concerning operations and procedures of the compact within that state.
Acts 2003, No. 1185, §1, eff. July 1, 2004.
A. Any state, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands as defined in Article 1662 of this compact is eligible to become a compacting state.
B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five of the states. The initial effective date shall be the later of July 1, 2004 or upon enactment into law by the thirty-fifth state. Thereafter, it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states and territories of the United States.
C. The Interstate Commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
Acts 2003, No. 1185, §1, eff. July 1, 2004.
A.(1) Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided that a compacting state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.
(2) The effective date of withdrawal is the effective date of the repeal.
(3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.
B.(1) If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the bylaws or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:
(a) Remedial training and technical assistance as directed by the Interstate Commission.
(b) Alternative dispute resolution.
(c) Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission.
(d)(i) Suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the Interstate Commission has therefore determined that the offending state is in default.
(ii) Immediate notice of suspension shall be given by the Interstate Commission to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council.
(iii) The grounds for default include but are not limited to failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the bylaws, or duly promulgated rules and any other grounds designated in commission bylaws and rules.
(iv) The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default.
(v) The commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination.
(2) Within sixty days of the effective date of termination of a defaulting state, the commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state's legislature, and the state council of such termination.
(3) The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
(4) The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.
(5) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.
C. The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney fees.
D.(1) The compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces membership in the compact to one compacting state.
(2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.
Acts 2003, No. 1185, §1, eff. July 1, 2004.
A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed to effectuate its purposes.
Acts 2003, No. 1185, §1, eff. July 1, 2004.
A.(1) Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.
(2) All compacting states' laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.
B.(1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.
(2) All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.
(4) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
Acts 2003, No. 1185, §1, eff. July 1, 2004.
Repealed by Acts 2003, No. 609, §3.
Repealed by Acts 2003, No. 609, §3.
Repealed by Acts 2003, No. 609, §3.
Repealed by Acts 2003, No. 609, §3.
Repealed by Acts 2003, No. 609, §3.
Repealed by Acts 2003, No. 609, §3.
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