FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 1461.1 — LA Code / Code childrens-code / Article 1461.1
Communication with parent or guardian of minor child
Status: in_force

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.
La. Civ. Code art. 3505.1 — LA Code / Code civil-code / Article 3505.1
Formal requirements
Status: in_force

An extension of liberative prescription must be express and in writing.

Acts 2013, No. 88, §1.
La. Ch. Code art. 607 — LA Code / Code childrens-code / Article 607
Child's right to appointed counsel; payment
Status: in_force

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.
La. Code Civ. Proc. art. 2371 — LA Code / Code code-of-civil-procedure / Article 2371
Effect of adjudication
Status: in_force

The adjudication transfers to the purchaser all the rights and claims of the judgment debtor as completely as if the judgment debtor had sold the property.
La. Ch. Code art. 651 — LA Code / Code childrens-code / Article 651
Preadjudication motions; time for filing; hearings
Status: in_force

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.
La. Code Evid. art. 601 — LA Code / Code code-of-evidence / Article 601
General rule of competency
Status: in_force

Every person of proper understanding is competent to be a witness except as otherwise provided by legislation.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Code Civ. Proc. art. 1921 — LA Code / Code code-of-civil-procedure / Article 1921
Interest allowed by the judgment
Status: in_force

The court shall award interest in the judgment as prayed for or as provided by law.
La. Ch. Code art. 424.2 — LA Code / Code childrens-code / Article 424.2
CASA; order of assignment
Status: in_force

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.
La. Ch. Code art. 725.2 — LA Code / Code childrens-code / Article 725.2
Safe house for sexually exploited children
Status: in_force

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.
La. Code Civ. Proc. art. 2893 — LA Code / Code code-of-civil-procedure / Article 2893
Period within which will must be probated
Status: in_force

No testament shall be admitted to probate unless a petition therefor has been filed in a court of competent jurisdiction within five years after the judicial opening of the succession of the deceased.

Amended by Acts 1981, No. 316, §1; Acts 1986, No. 247, §1.
La. Civ. Code art. 3339 — LA Code / Code civil-code / Article 3339
Matters not of record
Status: in_force

A matter of capacity or authority, the occurrence of a suspensive or a resolutory condition, the exercise of an option or right of first refusal, a tacit acceptance, a termination of rights that depends upon the occurrence of a condition, and a similar matter pertaining to rights and obligations evidenced by a recorded instrument are effective as to a third person although not evidenced of record.

Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.

NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
La. Ch. Code art. 1127.1 — LA Code / Code childrens-code / Article 1127.1
Maintenance of medical report; transfer of adoption records
Status: in_force

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.
La. Code Civ. Proc. art. 2888 — LA Code / Code code-of-civil-procedure / Article 2888
Foreign testament
Status: in_force

A written testament subscribed by the testator and made in a foreign country, or in another state, or a territory of the United States, in a form not valid in this state, but valid under the law of the place where made, or under the law of the testator's domicile, may be probated in this state by producing the evidence required under the law of the place where made, or under the law of the testator's domicile, respectively.
La. Code Civ. Proc. art. 4396 — LA Code / Code code-of-civil-procedure / Article 4396
Effect of homologation
Status: in_force

A judgment homologating any account other than a final account shall be prima facie evidence of the correctness of the account.

A judgment homologating a final account has the same effect as a final judgment in an ordinary action.
La. Code Crim. Proc. art. 407 — LA Code / Code code-of-criminal-procedure / Article 407
Administration of oath to witnesses
Status: in_force

A jury commissioner shall administer an oath to each witness appearing before the commission, in accordance with Article 14.
La. Code Civ. Proc. art. 3992 — LA Code / Code code-of-civil-procedure / Article 3992
Petition requirements
Status: in_force

The petition shall be verified by all petitioners and shall set forth the following with particularity:

(1) The name, domicile, age, and, if known, the current address of the minor.

(2) The names and current addresses of the parents and any tutors of the minor, if known.

(3) The reasons why good cause exists for emancipation.

(4) If limited judicial emancipation is requested, the effects of majority sought to be conferred upon the minor.

(5) A descriptive list of the property of the minor, including the location of such property, if known.

Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
La. Code Civ. Proc. art. 3093 — LA Code / Code code-of-civil-procedure / Article 3093
Notice in compliance with petition
Status: in_force

When notice has been petitioned for as provided in Article 3091, the applicant for appointment as administrator shall mail or deliver to the person designated to receive such notice a copy of his application for appointment, and shall notify him of the date and hour assigned by the court for a hearing thereon.
La. Civ. Code art. 3162 — LA Code / Code civil-code / Article 3162
Defenses available to obligor of a pledged obligation
Status: in_force

Unless the obligor of a pledged obligation makes a contrary agreement with the pledgor or pledgee, he may assert against the pledgee any defense arising out of the transaction that gave rise to the pledged obligation. He may also assert against the pledgee any other defense that arises against the pledgor before the obligor has been given written notice of the pledge.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Ch. Code art. 1269.1 — LA Code / Code childrens-code / Article 1269.1
Continuing contact agreements; voluntary
Status: in_force

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.
La. Civ. Code art. 1593 — LA Code / Code civil-code / Article 1593
Exception to rule of testamentary accretion
Status: in_force

If a legatee, joint or otherwise, is a child or sibling of the testator, or a descendant of a child or sibling of the testator, then to the extent that the legatee's interest in the legacy lapses, accretion takes place in favor of his descendants by roots who were in existence at the time of the decedent's death. The provisions of this Article shall not apply to a legacy that is declared invalid or is declared null for fraud, duress, or undue influence.

Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.
La. Civ. Code art. 659 — LA Code / Code civil-code / Article 659
Legal servitudes; notion.
Status: in_force

Legal servitudes are limitations on ownership established by law for the benefit of the general public or for the benefit of particular persons.

Acts 1977, No. 514, §1.
La. Civ. Code art. 502 — LA Code / Code civil-code / Article 502
Sudden action of waters.
Status: in_force

If a sudden action of the waters of a river or stream carries away an identifiable piece of ground and unites it with other lands on the same or on the opposite bank, the ownership of the piece of ground so carried away is not lost. The owner may claim it within a year, or even later, if the owner of the bank with which it is united has not taken possession.

Acts 1979, No. 180, §1.
La. Ch. Code art. 1413 — LA Code / Code childrens-code / Article 1413
Time for hearing
Status: in_force

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.
La. Ch. Code art. 1024 — LA Code / Code childrens-code / Article 1024
Duties of curator ad hoc
Status: in_force

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.
La. Ch. Code art. 1043 — LA Code / Code childrens-code / Article 1043
Adoption; voluntary registration by child and parents whose parental rights have been terminated
Status: in_force

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.
La. Civ. Code art. 2810 — LA Code / Code civil-code / Article 2810
Other rights not prejudiced.
Status: in_force

The provisions of Articles 2808 and 2809 do not prejudice other rights granted by law to recover damages or to obtain injunctive relief in appropriate cases.

Acts 1980, No. 150, §1.
La. Code Evid. art. 401 — LA Code / Code code-of-evidence / Article 401
Definition of "relevant evidence"
Status: in_force

"Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 2027 — LA Code / Code civil-code / Article 2027
Relative simulation
Status: in_force

A simulation is relative when the parties intend that their contract shall produce effects between them though different from those recited in their contract. A relative simulation produces between the parties the effects they intended if all requirements for those effects have been met.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 3045 — LA Code / Code civil-code / Article 3045
Liability of sureties to creditor; division and discussion abolished
Status: in_force

A surety, or each surety when there is more than one, is liable to the creditor in accordance with the provisions of this Chapter, for the full performance of the obligation of the principal obligor, without benefit of division or discussion, even in the absence of an express agreement of solidarity.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Code Civ. Proc. art. 1454 — LA Code / Code code-of-civil-procedure / Article 1454
Objections as to disqualification of officer; waiver
Status: in_force

An objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.

Acts 1976, No. 574, §1.
La. Ch. Code art. 1262 — LA Code / Code childrens-code / Article 1262
Grounds
Status: in_force

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.
La. Civ. Code art. 3227 — LA Code / Code civil-code / Article 3227
THE PRIVILEGE OF THE VENDOR
Status: in_force

OF MOVABLE EFFECTS

Art. 3227. Vendor's privilege on movables; agricultural products of the United States.

He who has sold to another any movable property, which is not paid for, has a preference on the price of his property, over the other creditors of the purchaser, whether the sale was made on a credit or without, if the property still remains in the possession of the purchaser.

So that although the vendor may have taken a note, bond or other acknowledgment from the buyer, he still enjoys the privilege.

Any person who may sell the agricultural products of the United States in the city of New Orlenas [Orleans], shall be entitled to a special lien and privilege thereon to secure the payment of the purchase money, for and during the space of five days only, after the day of delivery; within which time the vendor shall be entitled to seize the same in whatsoever hands or place they may be found, and his claim for the purchase money shall have preference over all others. If the vendor gives a written order for the delivery of any such products and shall say therein that they are to be delivered without vendor's privilege, then no lien shall attach thereto.
La. Code Civ. Proc. art. 928 — LA Code / Code code-of-civil-procedure / Article 928
Time of pleading exceptions
Status: in_force

A. The declinatory exception and the dilatory exception shall be pleaded prior to or in the answer and, prior to or along with the filing of any pleading seeking relief other than entry or removal of the name of an attorney as counsel of record, extension of time within which to plead, security for costs, or dissolution of an attachment issued on the ground of the nonresidence of the defendant, and in any event, prior to the signing of a default judgment. When both exceptions are pleaded, they shall be filed at the same time, and may be incorporated in the same pleading. When filed at the same time or in the same pleading, these exceptions need not be pleaded in the alternative or in a particular order.

B. The peremptory exception may be pleaded at any stage of the proceeding in the trial court prior to a submission of the case for a decision and may be filed with the declinatory exception or with the dilatory exception, or both.

Acts 1983, No. 60, §1; Acts 1997, No. 1055, §1; Acts 1999, No. 983, §1, eff. July 1, 2000; Acts 2017, No. 419, §1; Acts 2021, No. 174, §1, eff. Jan. 1, 2022.
La. Civ. Code art. 3424 — LA Code / Code civil-code / Article 3424
Acquisition of possession
Status: in_force

To acquire possession, one must intend to possess as owner and must take corporeal possession of the thing.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.