FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 304 — LA Code / Code childrens-code / Article 304
Transfer of child adjudicated in another state for disposition
Status: in_force

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.
La. Civ. Code art. 2549 — LA Code / Code civil-code / Article 2549
Obligations of the buyer
Status: in_force

The buyer is bound to pay the price and to take delivery of the thing.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 1188 — LA Code / Code childrens-code / Article 1188
Motion for disclosure
Status: in_force

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.
La. Code Evid. art. 516 — LA Code / Code code-of-evidence / Article 516
Subpoena of accountant or his representative in criminal cases
Status: in_force

A. General rule. Neither a subpoena nor a court order shall be issued to an accountant or his representative to appear or testify in any criminal investigation or proceeding when the purpose of the subpoena or order is to ask the accountant or his representative to reveal information about a client or former client obtained in the course of representing the client unless the party issuing the subpoena executes and attaches to the subpoena an affidavit that:

(1) The information sought is essential to the successful completion of an ongoing investigation, prosecution, or defense.

(2) The purpose of seeking the information is not to harass the accountant or the client.

(3) With respect to a subpoena, the subpoena lists the information sought with particularity, is reasonably limited as to subject matter and period of time, and gives timely notice.

(4) There is no practicable alternative means of obtaining the information.

B. Waiver. Failure to object timely to noncompliance with the terms of this Article constitutes a waiver of the procedural protections of this Article, but does not constitute a waiver of any privilege.

C. Binding effect of determination; notice to client. The determination that an accountant-client privilege is not applicable to the testimony shall not bind the client or former client unless the client or former client was given notice of the subpoena.

D. Exceptions. This Article shall not apply in habitual offender proceedings when an accountant is called as a witness for purposes of identification of his client or former client.

E. Scope. Nothing in this Article is intended to affect the absolute privileges against disclosure contained in R.S. 37:86(B) through (E).

Acts 2001, No. 954, §1.
La. Ch. Code art. 725 — LA Code / Code childrens-code / Article 725
Findings and purpose
Status: in_force

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.
La. Code Civ. Proc. art. 3151 — LA Code / Code code-of-civil-procedure / Article 3151
Security of administrator
Status: in_force

Except as otherwise provided by law, the person appointed administrator shall furnish security for the faithful performance of his duties in an amount exceeding by one-fourth the total value of all property of the succession as shown by the inventory or descriptive list.

The court may reduce the amount of this security, on proper showing, whenever it is proved that the security required is substantially in excess of that needed for the protection of the heirs and creditors.
La. Civ. Code art. 1319 — LA Code / Code civil-code / Article 1319
Retrocession repealed.
Status: repealed

The right given by the ancient laws to the heirs of a deceased person, to compel the assignee or purchaser of a portion of the succession sold by their coheirs to retrocede it to them for the price paid for it, is repealed.
La. Civ. Code art. 450 — LA Code / Code civil-code / Article 450
Public things.
Status: in_force

Public things are owned by the state or its political subdivisions in their capacity as public persons.

Public things that belong to the state are such as running waters, the waters and bottoms of natural navigable water bodies, the territorial sea, and the seashore.

Public things that may belong to political subdivisions of the state are such as streets and public squares.

Acts 1978, No. 728, §1.
La. Ch. Code art. 408 — LA Code / Code childrens-code / Article 408
Duty of court to control proceedings; use of restraints on a child
Status: in_force

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.
La. Ch. Code art. 1128 — LA Code / Code childrens-code / Article 1128
Validity of surrender; Statement of Family History
Status: in_force

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.
La. Code Civ. Proc. art. 2853 — LA Code / Code code-of-civil-procedure / Article 2853
Filing of purported testament
Status: in_force

A. If a person has possession of a document purporting to be the testament of a deceased person, even though the person believes that the document is not the valid testament of the deceased or has doubts concerning the validity of the testament, the person shall present the document to the court with a petition praying that the document be filed in the record of the succession proceeding.

B. A person presenting a purported testament to the court shall not be deemed to vouch for its authenticity or validity, nor be precluded from asserting its invalidity.

Acts 2024, No. 501, §1.
La. Code Crim. Proc. art. 334.6 — LA Code / Code code-of-criminal-procedure / Article 334.6
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Acts 2013, No. 261, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
La. Code Civ. Proc. art. 4702 — LA Code / Code code-of-civil-procedure / Article 4702
Notice to occupant other than tenant to vacate
Status: in_force

When an owner of immovable property wishes to evict the occupant therefrom, after the purpose of the occupancy has ceased, the owner or his agent, shall first cause a written notice to vacate the property to be delivered to the occupant.

This notice shall allow the occupant five days from its delivery to vacate the premises.
La. Civ. Code art. 646 — LA Code / Code civil-code / Article 646
Predial servitude; definition.
Status: in_force

A predial servitude is a charge on a servient estate for the benefit of a dominant estate.

The two estates must belong to different owners.

Acts 1977, No. 514, §1.
La. Ch. Code art. 1302.6 — LA Code / Code childrens-code / Article 1302.6
Continuing jurisdiction to enforce child support order
Status: in_force

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.
La. Civ. Code art. 3030 — LA Code / Code civil-code / Article 3030
Acts of the mandatary after principal's death
Status: in_force

The mandatary is bound to complete an undertaking he had commenced at the time of the principal's death if delay would cause injury.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Code Civ. Proc. art. 1978 — LA Code / Code code-of-civil-procedure / Article 1978
Procedure in new trial
Status: in_force

It shall not be necessary in a non-jury trial to resummon the witnesses or to hear them anew at a new trial if their testimony has once been reduced to writing, but all such testimony and evidence received on the former trial shall be considered as already in evidence. Any party may call new witnesses or offer additional evidence, and with the permission of the court recall any witness for further examination or cross-examination as the case may be. However, the parties shall not be precluded from producing new proofs, on the ground they have not been offered on the first trial. When a new trial is granted for reargument only, no evidence shall be adduced.

Amended by Acts 1988, No. 515, §2, eff. Jan. 1, 1989.
La. Ch. Code art. 874 — LA Code / Code childrens-code / Article 874
Severance of individual cases for adjudication
Status: in_force

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.
La. Civ. Code art. 134 — LA Code / Code civil-code / Article 134
Factors in determining child's best interest
Status: in_force

A. Except as provided in Paragraph B of this Article, the court shall consider all relevant factors in determining the best interest of the child, including:

(1) The potential for the child to be abused, as defined by Children's Code Article 603, which shall be the primary consideration.

(2) The love, affection, and other emotional ties between each party and the child.

(3) The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.

(4) The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.

(5) The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.

(6) The permanence, as a family unit, of the existing or proposed custodial home or homes.

(7) The moral fitness of each party, insofar as it affects the welfare of the child.

(8) The history of substance abuse, violence, or criminal activity of any party.

(9) The mental and physical health of each party. Evidence that an abused parent suffers from the effects of past abuse by the other parent shall not be grounds for denying that parent custody.

(10) The home, school, and community history of the child.

(11) The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.

(12) The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party, except when objectively substantial evidence of specific abusive, reckless, or illegal conduct has caused one party to have reasonable concerns for the child's safety or well-being while in the care of the other party.

(13) The distance between the respective residences of the parties.

(14) The responsibility for the care and rearing of the child previously exercised by each party.

B. In cases involving a history of committing family violence, as defined in R.S. 9:362, or domestic abuse, as defined in R.S. 46:2132, including sexual abuse, as defined in R.S. 14:403(A)(4)(b), whether or not a party has sought relief under any applicable law, the court shall determine an award of custody or visitation in accordance with R.S. 9:341 and 364. The court may only find a history of committing family violence if the court finds that one incident of family violence has resulted in serious bodily injury or the court finds more than one incident of family violence.

Acts 1988, No. 817, §2, eff. July 18, 1988; Acts 1990, No. 361, §1, eff. Jan. 1, 1991; Acts 1993, No. 261, §1, eff. Jan. 1, 1994; Acts 2018, No. 412, §1, eff. May 23, 2018.
La. Civ. Code art. 2319 — LA Code / Code civil-code / Article 2319
Acts of interdicts
Status: in_force

Neither a curator nor an undercurator is personally responsible to a third person for a delictual obligation of the interdict in his charge solely by reason of his office.

Acts 2000, 1st Ex. Sess., No. 25, §2, eff. July 1, 2001.
La. Ch. Code art. 710 — LA Code / Code childrens-code / Article 710
Order; appeal
Status: in_force

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.
La. Code Civ. Proc. art. 4865 — LA Code / Code code-of-civil-procedure / Article 4865
Appointment of judge ad hoc in event of temporary inability of parish or city court judge to preside
Status: in_force

When a parish or city court judge is unable to preside due to temporary absence, incapacity, or inability, he may appoint a judge ad hoc, who may be another judge or who may be a lawyer domiciled in the parish who possesses the qualifications of the judge he replaces. Appointment shall be by order, which shall reflect the term of and reasons for the appointment, and which shall be entered into the minutes of the court.

Acts 1979, No. 46, §1, eff. Jan. 1, 1980; Acts 2021, No. 143, §1.
La. Code Civ. Proc. art. 4269.1 — LA Code / Code code-of-civil-procedure / Article 4269.1
Placement of minor's property in trust
Status: in_force

At any time during his administration, a tutor may apply to the court for authorization to place some or all of the minor's property in trust in accordance with the Louisiana Trust Code or, for a beneficiary who is disabled as defined in 42 U.S.C. 1382c(a)(3), in a trust qualified under 42 U.S.C. 1396p(d)(4)(C) in accordance with the law of any state. The trust instrument shall name the minor as sole beneficiary of the trust, shall name a trustee, shall impose maximum spendthrift restraints, and may allow the trust to last for the lifetime of the beneficiary. Except for trusts qualified under 42 U.S.C. 1396p(d)(4)(A) or 1396p(d)(4)(C), the trust shall, however, be subject to termination at the option of the beneficiary upon attaining the age of majority. If the minor fails to attain majority, the trust shall be subject to termination at the option of his heirs or legatees. The court may, upon application, make such changes in the trust instrument as may be advisable. Upon creation of the trust, the tutor shall be entitled to no further commissions with respect to the trust property.

Added by Acts 1980, No. 276, §1; Acts 2024, No. 163, §1.
La. Civ. Code art. 1926 — LA Code / Code civil-code / Article 1926
Attack on noninterdicted decedent's contracts
Status: in_force

A contract made by a noninterdicted person deprived of reason at the time of contracting may be attacked after his death, on the ground of incapacity, only when the contract is gratuitous, or it evidences lack of understanding, or was made within thirty days of his death, or when application for interdiction was filed before his death.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 946 — LA Code / Code civil-code / Article 946
Devolution of succession rights of successor declared unworthy
Status: in_force

A. If the decedent died intestate, when a successor is declared unworthy his succession rights devolve as if he had predeceased the decedent; but if the decedent died testate, then the succession rights devolve in accordance with the provisions for testamentary accretion as if the unworthy successor had predeceased the testator.

B. When the succession rights devolve upon a child of the successor who is declared unworthy, the unworthy successor and the other parent of the child cannot claim a legal usufruct upon the property inherited by their child.

Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.
La. Civ. Code art. 3303 — LA Code / Code civil-code / Article 3303
Nature of judicial and legal mortgages
Status: in_force

Judicial and legal mortgages are general mortgages. They are established over property that the obligor owns when the mortgage is created and over future property of the obligor when he acquires it.

Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.