reglab/housing_qa huggingface dataset:
LA Chil Code art. 710 (2021)
2021 Louisiana Laws|Children's Code|Art. 710. Order; appeal

  A. In a written judgment, the court shall make findings of fact regarding:  (1) The permanent plan that is most appropriate and in the best interest of the child in accordance with the priorities of Article 702(D).  (2) Except as otherwise provided in Article 672.1, whether the department has made reasonable efforts to reunify the parent and child or to finalize the child's placement in an alternative safe and permanent home in accordance with the child's permanent plan.  (3) Whether an out-of-state placement is safe, appropriate, and otherwise in the best interest of the child.  (4) For children whose permanent plan is placement in the least restrictive, most family-like alternative permanent living arrangement, why, as of the date of the hearing, the plan is the best permanency plan for the child and provide compelling reasons why it continues to not be in the best interests of the child to return home, be placed for adoption, be placed with a legal guardian, or be placed with a fit and willing relative.  B. The court may enter orders as are needed and appropriate to facilitate the timely achievement of each child's permanent plan, including the filing of a certification for adoption petition.  C. An extract of minutes of court specifying the information in Paragraph A of this Article and signed by the court shall be considered a written judgment.  D. Any person directly affected may appeal the findings or orders of the court rendered pursuant to this Article.  Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2001, No. 567, §1; Acts 2015, No. 124, §1, eff. June 19, 2015.
LA Chil Code art. 711 (2021)
2021 Louisiana Laws|Children's Code|Art. 711. Simultaneous hearings

When appropriate, case review hearings and permanency hearings may be scheduled to be heard simultaneously, provided the record reflects that the appropriate findings and orders are made pursuant to this Chapter and Chapter 15 of this Title. Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
LA Chil Code art. 712 (2021)
2021 Louisiana Laws|Children's Code|Art. 712. Sanctions for failure to comply with permanency planning requirements

Upon determination by the court that the department has failed to comply with any permanency planning requirements, including but not necessarily limited to Chapters 13, 15, and 16 of this Title, the court may: (1) Subpoena agency witnesses to testify regarding the failure to comply. (2) Order the agency or appropriate representatives to show cause why a contempt order should not issue. (3) Order that the agency not seek federal reimbursement for the cost of the child's care where the court finds that reasonable efforts were not made. (4) Submit a report of noncompliance to appropriate state and federal agencies. (5) Refer the agency representative found responsible for the failure to comply to the appropriate department personnel for administrative reprimand or other administrative sanctions. Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
LA Chil Code art. 713 (2021)
2021 Louisiana Laws|Children's Code|Art. 713. Applicability

In all cases the provisions of this Chapter shall be applicable. Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
LA Chil Code art. 714 (2021)
2021 Louisiana Laws|Children's Code|Art. 714. Motion to modify judgment of disposition

A. The court may modify a judgment of disposition on its own motion or on the motion of the district attorney, the department, the child, or his parents. When a child has been committed to a mental hospital, psychiatric unit, or substance abuse facility, the court may modify the judgment of disposition, for good cause shown, on the filing of a proper motion by the director of the mental hospital, psychiatric unit, or substance abuse facility. B.(1) A motion to modify a judgment of disposition may be denied without a contradictory hearing, except when made by the director of a mental hospital, psychiatric unit, or substance abuse facility to which a child has been committed. In such instances, the director shall be permitted to show that the continued commitment would not be in the child's best interest because the facility cannot provide proper treatment or that the child has received the maximum benefit from the treatment available at the facility. The director shall make specific written recommendations regarding proper treatment or placement of the child, or both, in the motion filed with the court. The court shall hold a hearing on the motion for modification of a disposition filed by the director of a mental health hospital, psychiatric unit, or substance abuse facility within ten days of the filing of the motion unless continued for cause shown. An attorney from the Mental Health Advocacy Service shall be appointed to represent the child's interest at such a hearing unless attorneys from such agency are unavailable or the child has retained private counsel who shall represent only the interest of the child. (2) A motion to modify to impose more restrictive conditions may not be granted without a contradictory hearing unless the parties consent. C. On its own motion or on oral or written motion of the department, the court may modify a judgment of disposition without a contradictory hearing when the conditions of the disposition are sought to be made less restrictive. D. Except as provided in Paragraph C of this Article, the motion shall be in writing and set forth in plain and concise terms the facts supporting the modification. Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
LA Chil Code art. 715 (2021)
2021 Louisiana Laws|Children's Code|Art. 715. Service of motion to modify

A. A copy of a motion to modify shall be served upon the child, his parent, the petitioner, and any person, institution, or agency to whom the custody of the child has been assigned. B. Service shall be in the manner provided for service of the petition. Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
LA Chil Code art. 716 (2021)
2021 Louisiana Laws|Children's Code|Art. 716. Modification of judgment of disposition

A judgment of disposition may be modified if the court finds that the conditions and circumstances justify the modification. Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
LA Chil Code art. 717 (2021)
2021 Louisiana Laws|Children's Code|Art. 717. Notice of modification

If a judgment of disposition is modified, a copy of the minute entry reflecting the modification shall be served upon the petitioner, the child, his parent, and any person, institution, or agency to whom custody of the child is assigned. Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
LA Chil Code art. 718 (2021)
2021 Louisiana Laws|Children's Code|Art. 718. Purpose of guardianship

A. The purpose of guardianship is to provide a permanent placement for children when neither reunification with a parent nor adoption has been found to be in their best interest; to encourage stability and permanence in the lives of children who have been adjudicated to be in need of care and have been removed from the custody of their parent; and to increase the opportunities for the prompt permanent placement of children, especially with relatives, without ongoing supervision by the department. B. This Chapter is intended to ensure that the fundamental needs of children are met and the constitutional rights of all parties are recognized and enforced. Acts 2011, No. 128, §1.
LA Chil Code art. 719 (2021)
2021 Louisiana Laws|Children's Code|Art. 719. Guardian's rights and responsibilities

A. Unless the court specifies otherwise, a guardian shall exercise the rights and responsibilities of legal custody and shall have the authority to consent to the child's marriage, to consent to his enlistment in the armed forces of the United States, and to make other decisions concerning the child, except the right to consent to the child's adoption. B. Guardianship does not subject the guardian to responsibility under Civil Code Article 2317 or 2318 for damage occasioned by the child. C. The rights and responsibilities of administering the property of the child are governed by the law of tutorship. Acts 2011, No. 128, §1.
LA Chil Code art. 720 (2021)
2021 Louisiana Laws|Children's Code|Art. 720. Motion for guardianship

  A. After a child has been adjudicated to be in need of care, a motion for guardianship may be filed by the department, parent, counsel for the child, or, when the guardian is deceased, an individual previously named as a successor guardian by the guardian in a guardianship subsidy agreement with the department; or the department may submit a case plan along with the case review report to the court and all counsel of record recommending guardianship in accordance with Children's Code Articles 674, 688, and 689.  B. The motion, case review report, or case plan shall include all of the following:  (1) The name and gender of the child, and the date and place of his birth.  (2) A description of the mental and physical health of the child.  (3) The current placement of the child and when it began.  (4) The name and address of the proposed guardian and any relationship to the child.  (5) The name and address of the parents of the child.  (6) A plain and concise statement of the facts on which the motion, case review report, or case plan for guardianship is sought and why neither adoption nor reunification with a parent is in the best interest of the child.  C. If any of the information required by Paragraph B of this Article is unknown, the motion, case review report, or case plan shall state that fact. In addition, if the location of either parent is unknown, the motion, case review report, or case plan shall disclose efforts to locate him.  D. Unless not yet completed, the home study, as required by Children's Code Article 721, shall be attached to the motion, case review report, or case plan. If not attached, the home study shall be submitted to the court as soon as it is completed.  Acts 2011, No. 128, §1; Acts 2014, No. 354, §1; Acts 2015, No. 124, §1, eff. June 19, 2015.
LA Chil Code art. 721 (2021)
2021 Louisiana Laws|Children's Code|Art. 721. Home study report

The department shall submit to the court a confidential report of its investigation and evaluation of the home of the proposed guardian. The report shall include all of the following: (1) The moral and financial fitness of the proposed guardian. (2) The conditions of the home of the proposed guardian with respect to health, adjustment, and other advantages or disadvantages for the child. (3) The physical and mental condition of the child and his reaction to the proposed guardianship. (4) The plan for the child if the proposed guardian becomes incapable of providing care. Acts 2011, No. 128, §1.
LA Chil Code art. 722 (2021)
2021 Louisiana Laws|Children's Code|Art. 722. Grounds; hearing; order

A. The mover shall have the burden of proving all of the following by clear and convincing evidence: (1) The child has been adjudicated to be in need of care. (2) Neither adoption nor reunification with a parent is in the best interest of the child. (3) The child has resided for at least six months with the proposed guardian, unless the court waives the residence requirement for good cause. (4) The proposed guardian is able to provide a safe, stable, and wholesome home for the child for the duration of minority. B. If the child is twelve years of age or older, the court shall solicit and consider his wishes in the matter. C. The court shall hold a hearing before approving a guardianship and shall, at the conclusion of the hearing, enter a written order that includes the findings upon which the order is based. Acts 2011, No. 128, §1.
LA Chil Code art. 723 (2021)
2021 Louisiana Laws|Children's Code|Art. 723. Order of guardianship

A. The court may grant the motion and appoint a guardian for the child if the court finds by clear and convincing evidence that the requirements of Article 722 have been met and that the proposed guardianship is in the best interest of the child. B. The guardianship order shall address the frequency and nature of visitation or contact between the child and his parent, as necessary to ensure the health, safety, and best interest of the child. C. The guardianship order may require the parent to contribute to the support of the child to the extent the court finds the parent is able pursuant to Article 685. D. The guardianship order continues until the child attains eighteen years of age, unless earlier modified or terminated by the court in accordance with Article 724. Acts 2011, No. 128, §1; Acts 2014, No. 354, §1.
LA Chil Code art. 724 (2021)
2021 Louisiana Laws|Children's Code|Art. 724. Motion for modification of guardianship; termination of guardianship

  A. The court shall retain jurisdiction to enforce, modify, or terminate a guardianship order until the child attains eighteen years of age. The program representing the child in the child of need of care proceedings pursuant to Children's Code Article 607 and the program representing the indigent parents in the child in need of care proceedings pursuant to Children's Code Article 608 shall provide representation in guardianship proceedings.  B.(1) Any of the following parties may seek to enforce, modify or terminate a guardianship order:  (a) The department.  (b) Counsel for the child.  (c) The guardian or, if the guardian is incapacitated, an individual previously named as a successor guardian by the guardian in a guardianship subsidy agreement with the department.  (d) A parent permitted to intervene under Children's Code Article 707.  (e) The court on its own motion.  (2) A copy of the motion to modify shall be personally served on the parents, and the court shall promptly notify the programs representing the child and indigent parents, respectively, in child in need of care proceedings.  C. A guardianship order may be enforced in accordance with the contempt provisions of Chapter 2 of Title XV of this Code.  D. A guardianship order may be modified or terminated if the court finds by clear and convincing evidence that there has been a substantial and material change in the circumstances of the guardian or child because of any of the following:  (1) The guardian no longer wishes to serve or can no longer serve as guardian of the child.  (2) Continuation of the guardianship is so deleterious to the child as to justify a modification or termination of the relationship or the harm likely to be caused from a change in the guardianship is substantially outweighed by the advantages to the child of the modification.  E. The court shall hold a hearing before modifying or terminating a guardianship and shall, at the conclusion of the hearing, enter a written order that includes the findings upon which the order is based.  Acts 2011, No. 128, §1; Acts 2014, No. 354, §1; Acts 2015, No. 124, §1, eff. June 19, 2015.
LA Chil Code art. 724.1 (2021)
2021 Louisiana Laws|Children's Code|Art. 724.1. Temporary guardianship; designated successor guardian; construction

  A.(1) A guardian who has entered into a guardianship subsidy agreement with the department may name an individual as a successor guardian in the agreement for the purpose of continued eligibility of the subsidy in the event of the death or incapacity of the guardian.  (2) Nothing relative to the subsidy agreement provided for in this Paragraph shall be construed to confer any right of legal guardianship, as such legal guardianship shall be established or modified pursuant to Articles 720 through 724 exclusively.  B. An individual who has been named as a successor guardian in the guardianship subsidy agreement may request an ex parte order of temporary guardianship of the child in a motion for guardianship or modification of guardianship pursuant to Article 720 or 724.  C. An ex parte order of temporary guardianship of the child may be granted to the named successor only if all of the following conditions are satisfied:  (1) The current guardian is incapacitated or deceased.  (2) It clearly appears from specific facts shown by a verified motion or by supporting affidavit that the individual is able to provide a safe, stable, and wholesome home for the child pending the hearing.  (3) The mover was previously named as a successor guardian in a guardianship subsidy agreement with the department as shown by the agreement.  (4) The mover certifies to the court in writing the efforts he has undertaken to give notice to the child's parents, the department, and the child's attorney of the request for the ex parte order granting temporary guardianship or the reasons supporting his claim that notice should not be required.  D. An ex parte order of temporary guardianship shall:  (1) Continue until a hearing on the motion for guardianship or modification of guardianship is held and guardianship is established or denied by the court.  (2) Provide the date on which the ex parte order is signed and the date and hour of the hearing on the motion for guardianship or modification of the guardianship.  Acts 2015, No. 124, §1, eff. June 19, 2015.
LA Chil Code art. 725 (2021)
2021 Louisiana Laws|Children's Code|Art. 725. Findings and purpose

The legislature finds that arresting, prosecuting, and incarcerating victimized children serves to re-traumatize them and to increase their feelings of low self-esteem, which only makes the process of recovery more difficult. Both federal and international law recognize that sexually exploited children are the victims of crime and should be treated as such. Therefore, sexually exploited children should not be prosecuted for criminal acts related to prostitution. Instead, sexually exploited children should, where possible, be diverted into services that address the needs of these children outside of the justice system. Sexually exploited children deserve the protection of child welfare services, including diversion, crisis intervention, counseling, and emergency housing services. The purpose of this Chapter is to protect a child from further victimization after the child is discovered to be a sexually exploited child by ensuring that a child protective response is in place in the state. This is to be accomplished by presuming that any child engaged in prostitution, prostitution by massage, or crime against nature by solicitation is a victim of sex trafficking and providing these children with the appropriate care and services where possible. In determining the need for and capacity of services that may be provided, the Department of Children and Family Services shall recognize that sexually exploited children have separate and distinct service needs according to gender, and every effort should be made to ensure these children are not prosecuted or treated as juvenile delinquents, but instead are given the appropriate social services. Acts 2013, No. 429, §3, eff. June 24, 2013.
LA Chil Code art. 725.1 (2021)
2021 Louisiana Laws|Children's Code|Art. 725.1. Definitions

  As used in this Chapter, the following terms and phrases shall have the following meaning, unless the context requires otherwise:  (1) "Department" means the Department of Children and Family Services.  (2) "Safe house" means a residential facility or a shelter care facility operated by an authorized agency, including a nonprofit agency, with experience in providing services to sexually exploited children and approved by the department to provide shelter for sexually exploited children.  (3) "Sexually exploited child" means any person under the age of eighteen who has been subject to sexual exploitation because the person either:  (a) Is a victim of trafficking of children for sexual purposes under R.S. 14:46.3.  (b) Is a victim of child sex trafficking under 18 U.S.C. 1591.  Acts 2013, No. 429, §3, eff. June 24, 2013; Acts 2017, No. 376, §1.
LA Chil Code art. 725.2 (2021)
2021 Louisiana Laws|Children's Code|Art. 725.2. Safe house for sexually exploited children

  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 Chil Code art. 725.3 (2021)
2021 Louisiana Laws|Children's Code|Art. 725.3. Statewide protocol

  A. The department shall develop a statewide protocol for helping to coordinate the delivery of services to sexually exploited children and shall work with court intake officers to ensure that all state, federal, and community-based resources for sexually exploited children are known to children who have been granted diversion under Article 839.  B. A child who is a victim of human trafficking is a child in need of care, and unless otherwise specified in this Chapter, the provisions of Title VI of this Code shall govern, when applicable.  Acts 2013, No. 429, §3, eff. June 24, 2013; Acts 2017, No. 376, §1.
LA Chil Code art. 725.4 (2021)
2021 Louisiana Laws|Children's Code|Art. 725.4. Duties of law enforcement

  The officer shall notify the Crime Victims Services Bureau of the Department of Public Safety and Corrections that the child may be eligible for special services and, as a mandatory reporter as required by Children's Code Article 610, shall notify the Department of Children and Family Services that the child is in need of protective services.  Acts 2017, No. 376, §1.