reglab/housing_qa huggingface dataset:
LA Chil Code art. 1222 (2021)
2021 Louisiana Laws|Children's Code|Art. 1222. Private adoptions; petition; contents

A. The petition shall be styled: "In re _________________, Applying for Private Adoption." The petition or an attached exhibit shall state: (1) The full name, address, age, occupation, and marital status of each petitioner. (2) The name by which the child is known to petitioners as well as the name under which the birth of the child is recorded. (3) The place and date of the birth of the child if known; if not known, then the approximate age of the child. (4) If known, the name of every parent whose consent to the adoption is required pursuant to Article 1193(1) and (2) and proof of their consent, or the name of every parent and the reason such consent is not required. (5) The diligent efforts made in accordance with Article 1135(B), if the alleged father of the child is unknown, which establish that his rights should be terminated in accordance with Article 1135(A). (6) The date and circumstances under which the child entered the home of the petitioner. (7) Any relationship existing between the petitioner and the child. B. The petition shall be accompanied by a certified copy of any order terminating the rights of the child's parents and if not previously filed, by a current certification for adoption. Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2003, No. 567, §1.
LA Chil Code art. 1224 (2021)
2021 Louisiana Laws|Children's Code|Art. 1224. Service of process

A. A copy of the petition for private adoption together with all exhibits shall be served by registered or certified mail, return receipt requested, postage prepaid, or by commercial courier as defined in R.S. 13:3204(D), when the person to be served is located outside of this state, and properly addressed to the department. B. Except when waived, notice of the filing of the petition shall be served on any parent whose parental rights have not been terminated by a court of competent jurisdiction. C. If the adoption petition names an alleged or adjudicated father and his parental rights have not been terminated by a court of competent jurisdiction, he shall be served with notice of the filing of the petition in accordance with Articles 1133, 1134, and 1136 and thereafter, his rights shall be determined in accordance with the provisions of Articles 1137 through 1143 . Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 395, §7.
LA Chil Code art. 1225 (2021)
2021 Louisiana Laws|Children's Code|Art. 1225. Service; resident parent

If a parent upon whom service is required under Article 1224 resides within this state, service shall be made either personally or by domiciliary service not less than thirty days prior to the commencement of the hearing on the petition. Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
LA Chil Code art. 1226 (2021)
2021 Louisiana Laws|Children's Code|Art. 1226. Service; nonresident parent

  If a parent upon whom service is required under Article 1224 does not reside within this state, service shall be made by registered or certified mail to the address indicated in the petition, return receipt required, not less than thirty days prior to commencement of the hearing on the petition.  Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2021, No. 158, §1.
LA Chil Code art. 1227 (2021)
2021 Louisiana Laws|Children's Code|Art. 1227. Service; absentee parent; curator ad hoc

A. If a parent upon whom service is required under Article 1224 cannot be served in accordance with the provisions of Article 1225 or 1226, the court shall appoint an attorney at law as curator ad hoc for the parent and service shall be made upon the curator ad hoc. B. Upon appointment of the curator ad hoc, a copy of the letter of appointment shall be forwarded to the department. C. The fees and costs of the curator ad hoc shall be paid by the petitioner notwithstanding any provision of law to the contrary. Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
LA Chil Code art. 1228 (2021)
2021 Louisiana Laws|Children's Code|Art. 1228. Duties of curator ad hoc

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. Any appearances or acceptances of service by the curator ad hoc shall be valid, but he shall not be allowed to waive any rights of notice. B. The curator ad hoc shall submit to the court a note of evidence indicating the efforts made to locate the parent and shall receive an appropriate fee. Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
LA Chil Code art. 1229 (2021)
2021 Louisiana Laws|Children's Code|Art. 1229. Duties of department; home study; confidential report

A. The department shall investigate the proposed private adoption and submit a confidential report of its findings to the court. The findings shall include: (1) The conditions with respect to the availability of the child for adoption. (2) The physical and mental condition of the child. (3) Other factors regarding the suitability of the child for adoption in petitioner's home. (4) The moral and financial fitness of the petitioner. (5) The conditions of the proposed adoptive home with respect to health, adjustment, and other advantages or disadvantages to the child. B. The department may delegate the performance of this investigation to a licensed private adoption agency, but the department remains responsible for ensuring the accuracy and thoroughness of the resulting report and for the safety and welfare of the child. The department shall adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement this authorization in accordance with the Administrative Procedure Act. C. The department shall make every effort to locate any living parent whose consent is required under Article 1193 to determine the parent's attitude toward the proposed adoption. If a curator ad hoc has been appointed by the court pursuant to Article 1227, the department shall supply him with all information pertinent to the location of an absentee parent within fifteen days of its receipt of a copy of the order appointing the curator ad hoc. Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000.
LA Chil Code art. 1230 (2021)
2021 Louisiana Laws|Children's Code|Art. 1230. Hearing; petition for private adoption

A. The court shall sign the order setting the time and place for the hearing of the petition for private adoption not less than thirty nor more than sixty days after the filing of the adoption petition. The court may extend this time for up to sixty additional days for good cause, which may include a showing by the department that it has been impossible to gather the necessary data within the time prescribed. The court may reduce the time to a minimum of fifteen days with written approval of the department and the petitioner. If an extension of time is granted, the court shall set a new hearing date and shall require the petitioner to report to the court, either at that hearing, or before, in detail concerning the progress of the child's adoptive placement. B. At this hearing the court shall consider: (1) Any motion to intervene which has been filed. (2) Any other issues in dispute. (3) The confidential report of the department. (4) The report of any criminal records concerning the petitioner, including the nature of the offenses, the number of offenses, and the length of time between the offenses and between the last offense committed and the petition for private adoption. The existence of a criminal record of the petitioner shall not be automatic grounds for the court to refuse to grant a private adoption. (5) The report of any validated complaints of child abuse or neglect concerning the petitioner. (6) The testimony of the parties. C. If the child to be adopted is twelve years of age or older, the court shall solicit and consider his wishes in the matter. Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2013, No. 187, §1.
LA Chil Code art. 1231 (2021)
2021 Louisiana Laws|Children's Code|Art. 1231. Intervention

A. Intervention in private adoption proceedings shall not be allowed except on motion to the court and a showing of good cause. B. Such intervention shall be limited to persons having a substantial caretaking relationship with the child for one year or longer, or any other person that the court finds to be a party in interest. C. The intervention of a party in interest shall be for the limited purpose of presenting evidence as to the best interests of the child. Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
LA Chil Code art. 1232 (2021)
2021 Louisiana Laws|Children's Code|Art. 1232. Interlocutory decree

Upon due consideration of the factors enumerated in Article 1230(B), the court may grant or refuse to grant an interlocutory decree during or after the hearing. The basic consideration for this decree shall be the best interests of the child. Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
LA Chil Code art. 1233 (2021)
2021 Louisiana Laws|Children's Code|Art. 1233. Final decree at first hearing

  Notwithstanding Article 1238, upon due consideration of the factors enumerated in Article 1230(B), the court may render a final decree of private adoption at the first hearing, without the necessity of first entering an interlocutory decree, only if the rights of the child's parents have been terminated pursuant to Title X or XI of this Code and the child has lived in the petitioner's home for six months.  Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2021, No. 6, §1.
LA Chil Code art. 1234 (2021)
2021 Louisiana Laws|Children's Code|Art. 1234. Effect of interlocutory decree

Upon issuance of an interlocutory decree, the period that must elapse prior to application for final decree of private adoption begins to run. Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
LA Chil Code art. 1236 (2021)
2021 Louisiana Laws|Children's Code|Art. 1236. Interlocutory decree; review hearings

A. If an interlocutory decree has not been rendered within six months of the filing of the petition and review hearings are not otherwise required under Titles X and XI, review hearings shall be held every ninety days until an interlocutory decree is rendered. B. If a final decree has not been rendered within six months of the filing of the petition, or within six months of an interlocutory decree, if rendered, review hearings shall be held every ninety days until a final decree of adoption is rendered. Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000.
LA Chil Code art. 1237 (2021)
2021 Louisiana Laws|Children's Code|Art. 1237. Revocation of interlocutory decree

A. At any time before the entry of the final decree of private adoption, the court for good cause may revoke its interlocutory decree either on its own motion or on the motion of the department or on the motion of the petitioner or any person interested in the child. B. All parties upon whom service was originally made shall be notified at least ten days prior to the signing of the order of revocation and shall be given an opportunity to be heard upon their written request. Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
LA Chil Code art. 1238 (2021)
2021 Louisiana Laws|Children's Code|Art. 1238. Petition for final decree

A. The child shall have lived with the petitioner for at least one year and at least six months shall have elapsed after the granting of an interlocutory decree before the petitioner may file a petition for final decree of private adoption. B. The court shall set a time and place for the hearing of the petition for final decree. The petition for final decree need not be served upon anyone except the department. Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
LA Chil Code art. 1239 (2021)
2021 Louisiana Laws|Children's Code|Art. 1239. Final decree; notice; standard

A. The court, as a part of the final decree, shall provide notice of the provisions of R.S. 14:46.4 to the parties. B. The court, after hearing and after taking into consideration information from all sources concerning the adoption, may enter a final decree of private adoption, or it may deny the adoption. The basic consideration shall be the best interests of the child. Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2014, No. 721, §1.
LA Chil Code art. 1239.1 (2021)
2021 Louisiana Laws|Children's Code|Art. 1239.1. Reporting requirement, statistical availability

  A. For each adopted child, the court shall ensure that the department receives all of the following information:  (1) Whether either of the adopted parents are related to the child.  (2) The age of the child at placement.  (3) The age of the child at the time of finalization.  (4) The gender of the child.  (5) The race of the child.  (6) The location of placement.  (7) Other nonidentifying information the department requests in order to maintain statistical records of adoption finalizations.  B. The department shall release yearly statistics on the adoptions of children in Louisiana and placement of those children. These statistics shall be made available to the public.  Acts 2021, No. 6, §1.
LA Chil Code art. 1240 (2021)
2021 Louisiana Laws|Children's Code|Art. 1240. Effect of final decree

A. Except as otherwise provided in this Title, upon a final decree of private adoption, the parents of the child whose rights have not been previously terminated by a surrender or a judgment of termination and all other blood relatives of the child are relieved of all their legal duties and divested of all their legal rights with regard to the adopted child, including the right of inheritance from the adopted child and his lawful descendants, and the adopted child is relieved of all of his legal duties and divested of all his legal rights with regard to the parents, except as provided in Paragraph B. B. The right of the child to inherit from his parents and other blood relatives is unaffected by the adoption. C. Under the circumstances and pursuant to the procedures authorized by Chapter 14 of this Title, grandparents may obtain limited visitation rights to the adopted child. Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2001, No. 568, §1, eff. Jan. 1, 2002.
LA Chil Code art. 1241 (2021)
2021 Louisiana Laws|Children's Code|Art. 1241. Change of name

The full name of the adopted child may be changed in the final decree of private adoption and, if changed, the surname shall be the same as that of the adoptive parent. Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
LA Chil Code art. 1242 (2021)
2021 Louisiana Laws|Children's Code|Art. 1242. Refusal of interlocutory or final decree

Upon refusal to grant an interlocutory or final decree to the petitioners for the reason that the private adoption is not in the best interests of the child, the court may remove the child from the petitioner and reinstate the legal custodian or appoint a custodian. Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
LA Chil Code art. 1243 (2021)
2021 Louisiana Laws|Children's Code|Art. 1243. Persons who may petition for intrafamily adoption

  A. A stepparent, stepgrandparent, great-grandparent, grandparent, or collaterals within the twelfth degree may petition to adopt a child if all of the following elements are met:  (1) The petitioner is related to the child by blood, adoption, or affinity through the mother of the child or through a father who is filiated to the child in accordance with the Civil Code.  (2) The petitioner is a single person over the age of eighteen or a married person whose spouse is a joint petitioner.  (3) The petitioner has had legal or physical custody of the child for at least six months prior to filing the petition for adoption.  B.(1) When the spouse of the stepparent or one joint petitioner dies after the petition has been filed, the adoption proceedings may continue as though the survivor was a single original petitioner.  (2) When a petitioner is the grandparent of a child and the petitioner's spouse is the stepgrandparent of the child and that spouse files an authentic act requesting that the blood relative grandparent petitioner be allowed to file or complete the adoption proceedings as the sole petitioner, then any court of competent jurisdiction may grant the adoption in the same manner as if the grandparent was a single petitioner. Any petitioner and stepgrandparent filing a petition pursuant to this Paragraph shall be required to undergo the background check provided for in Article 1243.2.  C. Repealed by Acts 2014, No. 169, §2.  Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 733, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 256, §1; Acts 1999, No. 695, §1; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2001, No. 567, §1; Acts 2002, 1st Ex. Sess., No. 65, §1, eff. April 18, 2002; Acts 2007, No. 111, §1; Acts 2010, No. 190, §1; Acts 2014, No. 169, §§1, 2; Acts 2016, No. 175, §1, eff. May 19, 2016.
LA Chil Code art. 1243.1 (2021)
2021 Louisiana Laws|Children's Code|Art. 1243.1. Intrafamily adoptions

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 Chil Code art. 1243.2 (2021)
2021 Louisiana Laws|Children's Code|Art. 1243.2. Institution of records check

A. Upon the filing of a petition, the court shall immediately issue both of the following orders: (1) That the local sheriff or the office of state police, Louisiana Bureau of Criminal Identification and Information, conduct a records check for all federal arrests and convictions and all state arrests and convictions for each of the prospective adoptive parents. Prospective adoptive parents shall submit a set of fingerprints to the sheriff or the office of state police. (2) That the department conduct a records check for validated complaints of child abuse or neglect in this or any other state in which either of the prospective adoptive parents has been domiciled since becoming a major, involving either prospective adoptive parent. B. Each order shall state the full name, date of birth, social security number, and former and current state of domicile since becoming a major of each prospective adoptive parent. C. The sheriff or the office of state police, Louisiana Bureau of Criminal Identification and Information, and the department shall accord priority to these orders and shall provide a certificate indicating all information discovered, or that no information has been found. Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2010, No. 192, §1.
LA Chil Code art. 1244 (2021)
2021 Louisiana Laws|Children's Code|Art. 1244. Consent of parent

A. Except as otherwise provided herein, any parent may execute an authentic act consenting to the adoption of his child in an intrafamily adoption, including a waiver of service or notice for any subsequent proceeding. B. If the parent of a child born of marriage is married to the stepparent petitioner and executes an authentic act of consent, he need not join in the petition nor be served with a copy thereof. C. The parent of a child born outside of marriage who is married to the petitioning spouse shall join in the petition. D. Repealed by Acts 1999, No. 1062, §5, eff. Jan. 1, 2000. Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 256, §1; Acts 1999, No. 1062, §§4, 5, eff. Jan. 1, 2000; Acts 2004, No. 26, §3; Acts 2010, No. 738, §1.
LA Chil Code art. 1244.1 (2021)
2021 Louisiana Laws|Children's Code|Art. 1244.1. Opposition to intrafamily adoption; time limitations; appointment of counsel; attorney fees

A. A parent, whose rights have not been terminated in accordance with Title X or XI or who has not previously consented to the adoption in accordance with Article 1244, may oppose the adoption of his child by filing a clear and written answer and opposition to the adoption. The answer and opposition shall be filed with the court within fifteen days from the time of service of the filing of an intrafamily adoption petition. B. Upon receipt of the opposition, the court shall appoint an attorney to represent the child, subject to the limitations in Article 1121. Neither the child nor anyone purporting to act on his behalf may be permitted to waive this right. The costs of the representation of the child shall be taxed as costs of court. C. When the opposition provides that the parent cannot afford to hire an attorney, the court shall determine whether due process requires the appointment of counsel within twenty-one days of the filing of the opposition. D. Notice shall be served in accordance with Articles 1133 and 1134 on the opposing parent, the legal custodian, the petitioner, counsel appointed for the child, counsel appointed for the parent, and the other parent not consenting to the adoption pursuant to Article 1144 or whose rights have not previously been terminated. Acts 2010, No. 738, §1.
LA Chil Code art. 1245 (2021)
2021 Louisiana Laws|Children's Code|Art. 1245. Parental consent not necessary; burden of proof

A. The consent of the parent as required by Article 1193 may be dispensed with upon proof by clear and convincing evidence of the required elements of either Paragraph B or C of this Article at the hearing on the opposition and petition. B. When a petitioner authorized by Article 1243 has been granted custody of the child by a court of competent jurisdiction and any one of the following conditions exists: (1) The parent has refused or failed to comply with a court order of support without just cause for a period of at least six months. (2) The parent has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of at least six months. C. When the spouse of a stepparent petitioner has been granted sole or joint custody of the child by a court of competent jurisdiction or is otherwise exercising lawful custody of the child and any one of the following conditions exists: (1) The other parent has refused or failed to comply with a court order of support without just cause for a period of at least six months. (2) The other parent has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of at least six months. Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2008, No. 778, §1; Acts 2010, No. 738, §1.
LA Chil Code art. 1245.1 (2021)
2021 Louisiana Laws|Children's Code|Art. 1245.1. Repealed by Acts 2010, No. 738, §2.

§1245.1. Repealed by Acts 2010, No. 738, §2.
LA Chil Code art. 1246 (2021)
2021 Louisiana Laws|Children's Code|Art. 1246. Intrafamily adoptions; petition; contents; form

The petition shall be styled: "In re _________________, Applying for Intrafamily Adoption." The petition or an attached exhibit shall state:  (1) The full name, address, age, occupation, and marital status of each petitioner.  (2) The name by which the child is known to petitioners as well as the name under which the birth of the child is recorded.  (3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.  (4) If known, the name of every parent whose consent to the adoption is required pursuant to Article 1193(1) and (2) and proof of their consent, or the name of every parent and the reason such consent is not required as authorized by Article 1245.  (5) The diligent efforts made in accordance with Article 1135(B), if the alleged father of the child is unknown, which establish that his rights should be terminated in accordance with Article 1135(A).  (6) The date and circumstances under which the child entered the home of the petitioner.  (7) Any relationship existing between the petitioner and the child.  Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.