reglab/housing_qa huggingface dataset:
LA Chil Code art. 1437 (2021)
2021 Louisiana Laws|Children's Code|Art. 1437. Probable cause; order for examination

  A. As soon as practical after the filing of the petition, the court shall review the petition and supporting documents and determine whether there exists probable cause to believe that the minor respondent is suffering from mental illness which contributes or causes him to be a danger to himself or others, or to be gravely disabled, or is suffering from substance abuse which contributes or causes him to be a danger to himself or others or to be gravely disabled.  B. If the court determines that probable cause exists, the court may appoint the minor respondent's treating physician if available or, if none, then another physician, preferably a psychiatrist, to examine the minor and make a written report to the court and respondent's attorney on the form provided by the office of behavioral health of the Louisiana Department of Health.  Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2013, No. 220, §25, eff. June 11, 2013.
LA Chil Code art. 1438 (2021)
2021 Louisiana Laws|Children's Code|Art. 1438. Report of examination

A. Any report ordered pursuant to Article 1437 shall set forth specifically the objective factors leading to the conclusion that the minor has a mental illness or suffers from substance abuse, the actions or statements by the person leading to the conclusion that the mental illness or substance abuse causes the minor to be dangerous to himself or others or to be gravely disabled and in need of immediate treatment as a result of such illness or abuse, and why involuntary confinement and treatment are indicated. B. The following criteria should be considered by the physician: (1) The minor is suffering from serious mental illness which contributes or causes him to be dangerous to himself or others or to be gravely disabled or from substance abuse which contributes or causes him to be dangerous to himself or others or to be gravely disabled. (2) The minor's condition is likely to deteriorate needlessly unless he is provided appropriate medical treatment. (3) The minor's condition is likely to improve if he is provided appropriate medical treatment. Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
LA Chil Code art. 1439 (2021)
2021 Louisiana Laws|Children's Code|Art. 1439. Independent examination

A. The minor respondent or his attorney shall have the right to seek an additional independent medical opinion, when necessary, in their discretion. B. If the respondent is indigent, this opinion may be paid for by the MHAS, upon the approval of its executive director. C. Reasonable compensation of the appointed examining physicians and all court costs shall be established by the court and ordered paid by the minor respondent or the petitioner in the discretion of the court. If it is determined by the court that the costs shall not be borne by the minor respondent or the petitioner, then compensation to the physicians and all court costs shall be paid from funds appropriated to the judiciary, but such court costs shall not exceed the sum of seventy-five dollars. Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
LA Chil Code art. 1440 (2021)
2021 Louisiana Laws|Children's Code|Art. 1440. Order for custody and detention

A. If the minor respondent refuses to be examined by the court appointed physician as herein provided or if the judge, after reviewing the petition and an affidavit filed pursuant to Article 1432, the report of the treating physician, or the court-appointed physician, finds that the minor is mentally ill or suffering from substance abuse and is in need of immediate hospitalization to protect himself or others from physical harm, or that the minor respondent's condition may be markedly worsened by delay, then the court may issue a court order for custody of the minor and a peace officer shall deliver him to a treatment facility designated by the court. B. The court shall also issue an order to the treatment facility authorizing detention of the minor until the commitment hearing is completed, unless he is discharged by the director. Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
LA Chil Code art. 1441 (2021)
2021 Louisiana Laws|Children's Code|Art. 1441. Placement pending hearing

A. Unless the minor is currently hospitalized or under an emergency certificate, he shall be allowed to remain in his home or other place of residence pending an ordered examination and to return to his home or other place of residence upon completion of the examination. B. An examining physician may execute an emergency certificate pursuant to Article 1422 if he deems that action appropriate. In such a case, the respondent shall be admitted pursuant to Article 1420 pending the hearing on the petition. Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
LA Chil Code art. 1442 (2021)
2021 Louisiana Laws|Children's Code|Art. 1442. Right to counsel

A. The court shall provide the minor respondent a reasonable opportunity to select his own counsel. In the event he does not select counsel and is unable to pay for counsel or in the event counsel selected by him refuses to represent said minor or is not available for such representation, then the court shall appoint counsel for him provided by the MHAS. B. Reasonable compensation of appointed counsel shall be established by the court and may be ordered paid by the minor respondent or petitioner in the discretion of the court if either is found financially capable. If it is determined by the court that the costs shall not be borne by the respondent or the petitioner, then compensation to the attorney shall be paid from funds appropriated to the judiciary. C. The minor respondent shall have the right to privately retained and paid counsel at any time. However, all minor respondents must be represented by counsel as early as possible in every proceeding. If attorneys are available through the MHAS, the court shall contact the MHAS and request the assignment of an attorney who will be appointed. D. In cases where the service is unable to provide representation, the court shall select and appoint an attorney to represent the minor respondent, whose fee shall be set by the court. E. An attorney appointed by a court to represent a minor respondent pursuant to this Chapter has a continuing duty toward that minor even after admission. That duty shall include but not be limited to follow-up investigation of the circumstances of the person and representation in subsequent proceedings relating to admission, status, and discharge. The duty shall continue until it is terminated by the court making the appointment. Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
LA Chil Code art. 1443 (2021)
2021 Louisiana Laws|Children's Code|Art. 1443. Hearing; priority

On the day appointed, the hearing shall take precedence over all other matters, except pending cases of the same type. Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
LA Chil Code art. 1444 (2021)
2021 Louisiana Laws|Children's Code|Art. 1444. Nature of hearing; evidence

The court shall conduct the hearing in as formal a manner as is possible under the circumstances and shall admit evidence according to the usual rules of evidence. Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
LA Chil Code art. 1445 (2021)
2021 Louisiana Laws|Children's Code|Art. 1445. Order of hearing

A. Witnesses and evidence tending to show that the minor who is the subject of the petition is a proper subject for judicial commitment shall be presented first. B. The minor respondent or his counsel shall have the right to present evidence and cross-examine witnesses who may testify at the hearing. C. If the minor respondent or his attorney notified the court not less than three days before the hearing that he wishes to cross-examine the examining physicians, the court shall order such physicians to appear in person or by deposition. D. If the minor respondent is present at the hearing and is medicated, the court shall be informed of the medication and its common effects. Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
LA Chil Code art. 1446 (2021)
2021 Louisiana Laws|Children's Code|Art. 1446. Record; transcription

A. The court shall cause a recording of the testimony of the hearing to be made, which shall be transcribed only in the event of an appeal from the judgment. B. A copy of such transcript shall be furnished without charge, to any appellant whom the court finds unable to pay for the same. C. The cost of such transcript shall be paid from funds appropriated to the judicial department. Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
LA Chil Code art. 1447 (2021)
2021 Louisiana Laws|Children's Code|Art. 1447. Burden of proof; order

A. If the court finds by clear and convincing evidence that the minor respondent is dangerous to himself or others or is gravely disabled as a result of substance abuse or mental illness, it shall render a judgment for his commitment to a designated treatment facility which is medically suitable and least restrictive of his liberty. B. The court order shall order a suitable person to convey the minor to the treatment facility and deliver respondent, together with a copy of the judgment and certificates, to the director. C. In appointing a person to execute the order, the court should give preference to a near relative or friend of the minor. Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
LA Chil Code art. 1448 (2021)
2021 Louisiana Laws|Children's Code|Art. 1448. Discharge; revocation

A. The director shall notify the court in writing when a minor patient has been discharged or conditionally discharged. B. The court may, if it finds it to be in the best interests of the minor, revoke the certificate or judgment of commitment. Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
LA Chil Code art. 1449 (2021)
2021 Louisiana Laws|Children's Code|Art. 1449. Notice of court action

Notice of any action taken by the court shall be given to the minor respondent and his attorney as well as to the director of the designated treatment facility in such manner as the court concludes would be appropriate under the circumstances. Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
LA Chil Code art. 1450 (2021)
2021 Louisiana Laws|Children's Code|Art. 1450. Advisement of rights

A. Every minor patient admitted by judicial commitment shall be informed in writing at the time of his admission of the procedures for requesting release from the treatment facility, the availability of counsel, information about the MHAS, the rights enumerated in Article 1409, and the rules and regulations applicable to or concerning his conduct while a patient in the treatment facility. B. If the minor patient is illiterate or does not read or understand English, appropriate provisions should be made to supply him this information. C. In addition, a copy of the information listed in this Article must be posted in any area where patients are confined and treated. Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
LA Chil Code art. 1451 (2021)
2021 Louisiana Laws|Children's Code|Art. 1451. Conversion to voluntary status

A. No director of a treatment facility shall prohibit any minor with mental illness or minor suffering from substance abuse from applying for conversion of involuntary or emergency admission status to voluntary admission status. B. Any minor patient on an involuntary admission status shall have the right to apply for a writ of habeas corpus to have his admission status changed to voluntary status. Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
LA Chil Code art. 1452 (2021)
2021 Louisiana Laws|Children's Code|Art. 1452. Mandatory review of commitments

A. All judicial commitments, except those for alcoholism, shall be reviewed by the court issuing the order for commitment every ninety days. B. A commitment for alcoholism shall expire after forty-five days and the minor patient, if not converted to a voluntary status, shall be discharged, unless the court, upon application by the director of the treatment facility, finds that continued involuntary treatment is necessary and orders the minor patient recommitted for a period not to exceed sixty days; provided, that not more than two such sixty-day recommitments may be ordered in connection with the same continuous confinement. C. All judicial commitments involving a minor patient who has been found not guilty by reason of insanity or who has been found to lack the capacity to proceed, shall be reviewed in the manner as set forth in Title VIII. Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1997, No. 985, §2.
LA Chil Code art. 1453 (2021)
2021 Louisiana Laws|Children's Code|Art. 1453. Reports to court

A. The director of the treatment facility to which the minor has been judicially committed shall issue reports to the court at the intervals provided in Article 1452, setting forth the minor patient's response to the treatment, his current condition, and the reasons why continued involuntary treatment is necessary to improve his condition or to prevent it from deteriorating. B. These reports shall be treated by the court as confidential and shall not be available for public examination, nor shall they be subject to discovery in any proceedings other than those initiated pursuant to this Title. Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
LA Chil Code art. 1454 (2021)
2021 Louisiana Laws|Children's Code|Art. 1454. Hearing to determine continued involuntary commitment

A. The court may at any time upon application or upon its own motion order a new hearing to be held in order to determine whether the involuntary status of the minor patient should be continued. B. Minor patients committed judicially shall have their cases reviewed in a hearing every one hundred twenty days. C. The review hearing shall be conducted according to the procedures and standards set forth in this Chapter and may be held by the juvenile court in the parish in which the minor patient is being confined or, if not confined, by the juvenile court in the parish in which he resides or may be found. The hearing shall not be transferred to another district except for good cause shown. Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1997, No. 985, §2.
LA Chil Code art. 1455 (2021)
2021 Louisiana Laws|Children's Code|Art. 1455. Discretion of director

A. Notwithstanding an order of judicial commitment, the director of the treatment facility to which the minor patient is committed is encouraged to explore treatment measures that are medically appropriate and less restrictive. B. The director may at any time convert an involuntary commitment to a voluntary one should he deem that action medically appropriate. He shall inform the court of any action in that regard. C. The director may discharge any minor patient if in his opinion discharge is appropriate. The director shall not be legally responsible to any person for the subsequent acts of behavior of a patient discharged in good faith. Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
LA Chil Code art. 1456 (2021)
2021 Louisiana Laws|Children's Code|Art. 1456. Appeal; writs

A. A minor who is judicially committed shall be allowed to appeal devolutively from the order to the court of appeal. If the lower court finds the minor indigent, it shall allow the appeal to be taken in forma pauperis. B. Upon perfection of an appeal, it shall be heard in a summary manner, taking preference over all other cases except similar matters. C. Upon affirmation of the order of commitment, the minor may apply for appropriate writs from the supreme court which shall be heard in a summary manner. Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
LA Chil Code art. 1457 (2021)
2021 Louisiana Laws|Children's Code|Art. 1457. Right of habeas corpus

Nothing in this Title shall deny the right of habeas corpus, including an application based upon a change of circumstances. Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
LA Chil Code art. 1458 (2021)
2021 Louisiana Laws|Children's Code|Art. 1458. Conditional discharge

A. A minor who is judicially committed as a result of mental illness may be conditionally discharged for a period of up to one hundred twenty days by the director or by the court during which time the judicial commitment of the minor shall remain in effect. The minor patient may be required to report for outpatient treatment as a condition of his release. The terms and conditions of the conditional discharge shall be specifically set forth in writing and signed by the minor patient. A copy of the conditional discharge shall be given to him and explained to him before he is discharged. B. If the minor patient is conditionally discharged by the director, a copy of the conditional discharge shall be sent to the court which judicially committed him. If the minor patient is conditionally discharged by the court, a copy of the conditional discharge shall be sent to the facility to which he has been committed. C. If a minor patient does not comply with the terms and conditions of his conditional discharge, he is subject to any of the procedures for involuntary treatment, including but not limited to the issuance of an order for custody and the execution of an emergency certificate. A conditionally discharged minor patient who is confined pursuant to any of these involuntary procedures shall have all rights of an involuntary patient, including the right to demand a probable cause hearing, the right to periodic reports and review, and a review hearing pursuant to Article 1454. D. An extension of a conditional discharge may be granted upon application by the director of the treatment facility to the court and notification to the minor's counsel of record. The court may grant the extension of the conditional discharge for an additional period of up to one hundred twenty days. No further extension may be made without a contradictory hearing. The burden of proof is on the director of the treatment facility to show why continued treatment is necessary. Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1997, No. 985, §2.
LA Chil Code art. 1459 (2021)
2021 Louisiana Laws|Children's Code|Art. 1459. Review by MHAS

All minor patients presently unrepresented by privately retained counsel and who are the subject of involuntary commitment under any prior statute shall have their cases reviewed by attorneys provided by the MHAS within one year from the effective date of this Code, or be discharged or be committed again according to the provisions of this Chapter. Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
LA Chil Code art. 1460 (2021)
2021 Louisiana Laws|Children's Code|Art. 1460. Parental admission of minor; objection request for discharge

A. Any minor may be admitted to a treatment facility for inpatient care and treatment upon application of a parent, tutor, or, in the absence of a parent or tutor, of a caretaker to the director of a treatment facility if the director finds that the minor has a mental illness or suffers from substance abuse which has a substantial adverse effect on his ability to function and requires care and treatment in an institution. Within twenty-four hours of admission, the minor shall be examined by a physician who shall set forth in detail in the patient's medical record the reasons for the continued need of confinement and treatment of the minor. The parent, tutor, or caretaker may request the minor's discharge pursuant to the provisions of Paragraph C.  B. A minor who is eligible for admission pursuant to Paragraph A of this Article and who is in such a condition that immediate hospitalization is necessary may be admitted upon the application of any interested adult, when after diligent effort the minor's parent, tutor, or caretaker cannot be located. Following the admission of the minor, the director of the treatment facility shall continue efforts to locate the minor's parent, tutor, or caretaker. If such person is located and consents in writing to the admission, the minor may continue to be hospitalized. However, upon notification of the admission, the parent, tutor, or caretaker, may request the minor's discharge pursuant to the provisions of Paragraph C.  C. Upon receipt of a request for discharge, the director of the treatment facility shall release such minor within seventy-two hours unless proceedings are begun pursuant to Chapter 7 or 9 of this Title.  Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
LA Chil Code art. 1461 (2021)
2021 Louisiana Laws|Children's Code|Art. 1461. Advice of rights

A. On admission to a treatment facility, the minor and the minor's parent, tutor, or caretaker, if the minor is admitted pursuant to Article 1460, shall be informed in writing of the procedures for requesting release and of the availability of counsel, information about the MHAS, the rights enumerated in Article 1409, and the rules and regulations applicable to or concerning his conduct while a patient in the program or facility. B. This information shall also be prominently posted in any area where the patient is to be confined or treated. Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1997, No. 612, §3.
LA Chil Code art. 1461.1 (2021)
2021 Louisiana Laws|Children's Code|Art. 1461.1. Communication with parent or guardian of minor child

  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.