reglab/housing_qa huggingface dataset:
LA Chil Code art. 810 (2021)
2021 Louisiana Laws|Children's Code|Art. 810. Waiver of right to counsel

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.
LA Chil Code art. 811 (2021)
2021 Louisiana Laws|Children's Code|Art. 811. When jeopardy begins

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.
LA Chil Code art. 811.2 (2021)
2021 Louisiana Laws|Children's Code|Art. 811.2. Victims of juvenile crime compensation fund; established; disbursements

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.
LA Chil Code art. 811.3 (2021)
2021 Louisiana Laws|Children's Code|Art. 811.3. Definitions

In this Chapter: (1) "Victim" means a person against whom an offense that is a felony-grade delinquent act has been committed. (2) "Victim's family" means a spouse, parent, child, stepchild, sibling, or legal representative of the victim, except when the person is in custody for an offense or is the defendant. (3) "Juvenile crime victim" means a person, under the age of seventeen, against whom an offense against the person that is a felony has been committed. Acts 1995, No. 522, §1; Acts 1995, No. 835, §1; Acts 1997, No. 732, §2.
LA Chil Code art. 819 (2021)
2021 Louisiana Laws|Children's Code|Art. 819. Continued custody hearing; time limitations

  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.
LA Chil Code art. 820 (2021)
2021 Louisiana Laws|Children's Code|Art. 820. Grounds for continued custody prior to adjudication

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.
LA Chil Code art. 821 (2021)
2021 Louisiana Laws|Children's Code|Art. 821. Continued custody hearing

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.
LA Chil Code art. 822 (2021)
2021 Louisiana Laws|Children's Code|Art. 822. Place of continued custody prior to adjudication

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.
LA Chil Code art. 823 (2021)
2021 Louisiana Laws|Children's Code|Art. 823. Right to bail or other security for release

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.
LA Chil Code art. 824 (2021)
2021 Louisiana Laws|Children's Code|Art. 824. Criteria for setting bail or alternative forms of security

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.
LA Chil Code art. 825 (2021)
2021 Louisiana Laws|Children's Code|Art. 825. Types of security

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.
LA Chil Code art. 826 (2021)
2021 Louisiana Laws|Children's Code|Art. 826. Conditions of release

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.
LA Chil Code art. 827 (2021)
2021 Louisiana Laws|Children's Code|Art. 827. Judgment of release from continued custody

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.
LA Chil Code art. 828 (2021)
2021 Louisiana Laws|Children's Code|Art. 828. Violation of conditions of release

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.
LA Chil Code art. 829 (2021)
2021 Louisiana Laws|Children's Code|Art. 829. Cancellation of bail bond

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.
LA Chil Code art. 830 (2021)
2021 Louisiana Laws|Children's Code|Art. 830. Modification of bail

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.
LA Chil Code art. 831 (2021)
2021 Louisiana Laws|Children's Code|Art. 831. Review of bail orders

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.
LA Chil Code art. 832 (2021)
2021 Louisiana Laws|Children's Code|Art. 832. How mental incapacity is raised; effect

  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.
LA Chil Code art. 833 (2021)
2021 Louisiana Laws|Children's Code|Art. 833. Mental examinations

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.
LA Chil Code art. 834 (2021)
2021 Louisiana Laws|Children's Code|Art. 834. Appointment of sanity commission; qualifications

  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.
LA Chil Code art. 834.1 (2021)
2021 Louisiana Laws|Children's Code|Art. 834.1. Documentation of competency commission

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.
LA Chil Code art. 835 (2021)
2021 Louisiana Laws|Children's Code|Art. 835. Report of competency commission; content; filing

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.