FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 1107.7 — LA Code / Code childrens-code / Article 1107.7
Objection to intent to surrender for adoption; effect
Status: in_force

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.
La. Civ. Code art. 3412 — LA Code / Code civil-code / Article 3412
Occupancy
Status: in_force

Occupancy is the taking of possession of a corporeal movable that does not belong to anyone. The occupant acquires ownership the moment he takes possession.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 678 — LA Code / Code civil-code / Article 678
Cost of repairs.
Status: in_force

Necessary repairs to a common wall, including partial rebuilding, are to be made at the expense of those who own it in proportion to their interests.

Acts 1977, No. 514, §1.
La. Ch. Code art. 1303.10 — LA Code / Code childrens-code / Article 1303.10
Duties of the Department of Children and Family Services; state information agency
Status: in_force

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.
La. Civ. Code art. 3070 — LA Code / Code civil-code / Article 3070
Right to demand new security
Status: in_force

If a legal surety ceases to possess required qualifications or becomes insolvent or bankrupt, any interested person may demand that the principal obligor furnish additional security in the same amount and upon the same terms as those given by the existing surety for the performance of the obligation.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Civ. Code art. 2363 — LA Code / Code civil-code / Article 2363
Separate obligation
Status: in_force

A separate obligation of a spouse is one incurred by that spouse prior to the establishment of a community property regime, or one incurred during the existence of a community property regime though not for the common interest of the spouses or for the interest of the other spouse.

An obligation resulting from an intentional wrong or an obligation incurred for the separate property of a spouse is likewise a separate obligation to the extent that it does not benefit both spouses, the family, or the other spouse.

Acts 1979, No. 709, §1; Acts 1990, No. 1009, §3, eff. Jan. 1, 1991; Acts 2009, No. 204, §1.
La. Ch. Code art. 1243.1 — LA Code / Code childrens-code / Article 1243.1
Intrafamily adoptions
Status: in_force

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.
La. Ch. Code art. 1524 — LA Code / Code childrens-code / Article 1524
Purpose
Status: in_force

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.
La. Code Civ. Proc. art. 1061 — LA Code / Code code-of-civil-procedure / Article 1061
Actions pleaded in reconventional demand; compulsory
Status: in_force

A. The defendant in the principal action may assert in a reconventional demand any causes of action that the defendant may have against the plaintiff in the principal action, even if these two parties are domiciled in the same parish and regardless of connexity between the principal and reconventional demands.

B. Except as otherwise provided in Article 3657, and except in an action for divorce under Civil Code Article 102 or 103 or in an action under Civil Code Article 186, the defendant in the principal action shall assert in a reconventional demand all causes of action that the defendant may have against the plaintiff that arise out of the transaction or occurrence that is the subject matter of the principal action.

Acts 1990, No. 521, §2, eff. Jan. 1, 1991; Acts 1991, No. 367, §2; Acts 2006, No. 344, §2, eff. June 13, 2006; Acts 2023, No. 421, §2.
La. Civ. Code art. 3062 — LA Code / Code civil-code / Article 3062
Effect of modifications of principal obligation
Status: in_force

The modification or amendment of the principal obligation, or the impairment of real security held for it, by the creditor, in any material manner and without the consent of the surety, has the following effects.

An ordinary suretyship is extinguished.

A commercial suretyship is extinguished to the extent the surety is prejudiced by the action of the creditor, unless the principal obligation is one other than for the payment of money, and the surety should have contemplated that the creditor might take such action in the ordinary course of performance of the obligation. The creditor has the burden of proving that the surety has not been prejudiced or that the extent of the prejudice is less than the full amount of the surety's obligation.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Civ. Code art. 1229 — LA Code / Code civil-code / Article 1229
Reasons for collation.
Status: in_force

The obligation of collating is founded on the equality which must be naturally observed between children and other lawful descendants, who divide among them the succession of their father, mother and other ascendants; and also on the presumption that what was given or bequeathed to children * by their ascendants was so disposed of in advance of what they might one day expect from their succession.

* English translation of French text incomplete; should include "or descendants."
La. Code Crim. Proc. art. 551 — LA Code / Code code-of-criminal-procedure / Article 551
Arraignment of defendant
Status: in_force

A. The arraignment consists of the reading of the indictment to the defendant by the clerk in open court, and the court calling upon the defendant to plead. Reading of the indictment may be waived by the defendant at the discretion and with the permission of the court. The arraignment and the defendant's plea shall be entered in the minutes of the court and shall constitute a part of the record.

B. The court may, by local rule, provide for the defendant's appearance at the arraignment and the entry of his plea by way of simultaneous transmission through audio-visual electronic equipment.

Acts 1990, No. 543, §1; Acts 1990, No. 593, §1; Acts 2017, No. 406, §1; Acts 2020, No. 160, §1.
La. Civ. Code art. 391 — LA Code / Code civil-code / Article 391
Temporary and preliminary interdiction
Status: in_force

When a petition for interdiction is pending, a court may order a temporary or preliminary interdiction when there is a substantial likelihood that grounds for interdiction exist and substantial harm to the health, safety, or property of the person sought to be interdicted is imminent.

Amended by Acts 1948, No. 321, §1; Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001.
La. Code Crim. Proc. art. 735 — LA Code / Code code-of-criminal-procedure / Article 735
Types of service
Status: in_force

A. Unless otherwise directed by the state or defendant, subpoenas shall be served by domiciliary service, personal service, or United States mail as provided in Paragraph B. Personal service is made when the sheriff tenders the subpoena to the witness. Domiciliary service is made when the sheriff leaves the subpoena at the dwelling house or usual abode of the witness with a person of suitable age and discretion residing therein as a member of the domiciliary establishment of the witness.

B.(1) The criminal sheriff for the parish of Orleans and all other sheriffs throughout the state may serve all subpoenas directed to him to be served by mailing the said subpoenas in the United States Post Office, by either certified mail, return receipt requested, or first class mail to the addressee at the address listed on the subpoena.

(2) Service by first class mail shall include a request that the enclosed return form be signed by the addressee and mailed to the sheriff. If a signed return is not received by the sheriff, the subpoena shall be served by domiciliary or personal service as provided in Paragraph A.

(3) Service by mail shall be considered personal service if the certified return receipt or the return form is signed by the addressee. Service by mail shall be considered domiciliary service if the certified return receipt or the return form is signed by anyone other than the addressee.

C. The criminal sheriff of the parish of Orleans and all other sheriffs throughout the state are hereby authorized to make service of subpoenas to law enforcement officers through the law enforcement officer's ranking officers or their designated representative, which, upon service thereof, shall have the same legal effect as if domiciliary service had been made upon the law enforcement officer named therein. This service shall be made at the district stations or departmental headquarters of said law enforcement agency. Service may consist of individual subpoenas or may consist of lists which include officer's name and badge number, case title, name of court, and date of commanded appearance. Such lists may be served by the sheriff or his deputies by means of electronic transfer to printing devices located in the district stations or departmental headquarters. The ranking officer, or his designated representative, shall sign for such subpoenas or indicate receipt by electronic verification code, and shall be required to notify the law enforcement officer named therein of receipt of the subpoenas or list.

D. This type of subpoena service shall be known as departmental subpoena service of law enforcement officers, and shall not be construed to replace domiciliary or personal service for said officers, but shall be an additional method of service.

Amended by Acts 1968, No. 512, §1; Acts 1970, No. 116, §1; Acts 1974, No. 641, §1; Acts 1988, No. 294, §1; Acts 1989, No. 338, §1.
La. Civ. Code art. 954 — LA Code / Code civil-code / Article 954
Retroactive effects of acceptance and renunciation
Status: in_force

To the extent that he accepts rights to succeed, a successor is considered as having succeeded to those rights at the moment of death of the decedent. To the extent that a successor renounces rights to succeed, he is considered never to have had them.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Crim. Proc. art. 342 — LA Code / Code code-of-criminal-procedure / Article 342
Enforcement of judgment
Status: in_force

After the delay for filing a suspensive appeal has elapsed or when a judgment becomes final and definitive, the prosecuting attorney may file a rule to show cause in accordance with R.S. 22:1441 or collect the judgment in the same manner as a civil judgment.

Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1999, No. 677, §1; Acts 2010, No. 914, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
La. Code Civ. Proc. art. 3422.1 — LA Code / Code code-of-civil-procedure / Article 3422.1
Small succession immovable property damaged by disaster or catastrophe
Status: in_force

A. The provisions of this Article shall apply to immovable property, subject to a small succession proceeding, that is damaged by a disaster or catastrophe for which a declaration of emergency or federal declaration of disaster or emergency was issued.

B. In the absence of a written agreement between co-owners for the use and management of the immovable recorded in the conveyance or mortgage records for the parish in which the immovable is situated, any public entity or agent of a public entity may conclusively presume that a co-owner in possession of the immovable for more than one year has been appointed by all co-owners as a managing co-owner.

C. The power of the managing co-owner shall include the power to do any of the following, without the need to obtain the concurrence of all co-owners:

(1) Manage, administer, repair, reconstruct, and restore the immovable.

(2) Receive, disburse, and account for funds given to the managing co-owner by a public entity solely for the purposes of the repair, reconstruction, and restoration of the immovable.

(3) Execute mortgages to secure funds not exceeding the amount necessary to repair, reconstruct, and restore the immovable.

(4) Encumber the immovable with restrictions as may be required by a public entity.

D. Possession of the immovable by the managing co-owner shall continue during any period the managing co-owner has been forced to leave the immovable due to fire, hurricane, flood, or other disaster or catastrophe.

E. The management of the immovable by the co-owner shall be subject to the laws of negotiorum gestio to the extent not inconsistent with the provisions of this Article.

F. It is the intent of the legislature that the provisions of this Article be liberally construed to allow the maximum possible repair, reconstruction, and restoration of immovable property in this state, subject to a small succession proceeding, that has been damaged by disaster or catastrophe.

G. Repealed by Acts 2012, No. 618, §2, eff. June 7, 2012.

Acts 2011, No. 323, §1, eff. June 29, 2011; Acts 2012, No. 618, §2, eff. June 7, 2012; Acts 2024, No. 90, §1.
La. Code Civ. Proc. art. 4061.1 — LA Code / Code code-of-civil-procedure / Article 4061.1
Natural tutor; action for damages on behalf of child
Status: in_force

A. Notwithstanding Article 4061, the natural tutor of a minor child may file an action for damages based on a delictual obligation without the necessity of qualifying as tutor pursuant to Article 4061 and without the necessity of filing a petition pursuant to Article 4031, if the natural tutor is any of the following:

(1) The surviving parent of the minor child.

(2) The parent under whose sole care the minor child has been placed when the parents are divorced or judicially separated from bed and board.

(3) The mother of her child born outside of marriage not acknowledged by the father, or acknowledged by him alone without her concurrence.

B. The petitioner in an action for damages based on a delictual obligation shall allege in the petition that he qualifies under Paragraph A of this Article to act of right as tutor, and the petitioner shall set forth the facts, including the relationship to the minor child, entitling the petitioner to act as tutor.

C. This Article shall not apply to parents who share joint custody of the minor child or to parents who have both acknowledged their child born outside of marriage pursuant to the Civil Code.

Acts 2003, No. 155, §1; Acts 2004, No. 26, §2.
La. Ch. Code art. 1283.9 — LA Code / Code childrens-code / Article 1283.9
Final decree at first hearing
Status: in_force

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.
La. Ch. Code art. 733 — LA Code / Code childrens-code / Article 733
Instanter orders of custody
Status: in_force

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.
La. Code Crim. Proc. art. 726 — LA Code / Code code-of-criminal-procedure / Article 726
Notice of defense based upon mental condition
Status: in_force

A. If a defendant intends to introduce testimony relating to a mental disease, defect, or other condition bearing upon the issue of whether he had the mental state required for the offense charged, he shall not later than ten days prior to trial or such reasonable time as the court may permit, notify the district attorney in writing of such intention and file a copy of such notice with the clerk. The court may for cause shown allow late filing of the notice or grant additional time to the parties to prepare for trial or make such other orders as may be appropriate.

B. If there is a failure to give notice as required by Subsection A of this Article, the court may exclude the testimony of any witness offered by the defendant on the issue of mental condition.

Added by Acts 1977, No. 515, §1.
La. Ch. Code art. 616.2 — LA Code / Code childrens-code / Article 616.2
Central registry; maintenance by state police; use; confidentiality
Status: in_force

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.