reglab/housing_qa huggingface dataset:
LA Chil Code art. 869.1 (2021)
2021 Louisiana Laws|Children's Code|Art. 869.1. Appointment of sanity commission; qualifications

  A.(1) Within seven days after a mental examination is ordered, the court shall appoint a sanity commission to examine and report upon the mental condition of the child. The sanity commission shall consist of at least two and not more than three physicians. Not more than one member of the commission shall be the coroner or any one of his deputies. The court may appoint, in lieu of one physician, a psychologist.  (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 forensic evaluation of children.  (3) The order appointing the sanity commission shall set the time and date of the contradictory hearing within sixty days if the child is in a secure detention facility and otherwise within seventy-five days.  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 commission members shall have free access to the child at all reasonable times. The court shall issue a subpoena for the attendance of witnesses to be interviewed by the examiner at the request of the child, the commission, or any member thereof.  D. For the purpose of the mental examination, the court may order a child previously released on bail to appear for any mental examination and hearing 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 2008, No. 222, §1, eff. June 16, 2008.
LA Chil Code art. 869.2 (2021)
2021 Louisiana Laws|Children's Code|Art. 869.2. Documentation of sanity commission

A. The order appointing the sanity commission shall also order the clerk of court to provide the members of the sanity 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 a copy of the police report, and a copy of any statements made by the child, the victim or any witnesses, to the members of the sanity commission. The court shall also order the district attorney and counsel for the child to provide the members of the sanity commission with the mental health records, developmental disability records, educational records, and any other additional information regarding the child that is in their possession, that is relevant to the evaluation of the mental capacity of the child to proceed, and is not protected by the attorney-client privilege. The court may order, after a motion by the district attorney or counsel for the child, a contradictory hearing to determine if the victim or any witnesses may be interviewed by the members of the sanity commission. C. All information required by this Article shall be delivered to the members of the sanity commission within five business days after the appointment of the sanity commission. For good cause shown, the court may extend the time of delivery for a period not to exceed fifteen days. Acts 2008, No. 222, §1, eff. June 16, 2008.
LA Chil Code art. 869.3 (2021)
2021 Louisiana Laws|Children's Code|Art. 869.3. Report of sanity commission; content; filing

A. The sanity commission shall file its report in the court record and mail copies to all counsel of record within forty-five 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 all previously completed mental examinations. (5) A description of any psychiatric symptoms or cognitive deficiencies, including any diagnosis. (6) A determination as to whether or not as a result of mental disease or mental defect the child was incapable of distinguishing between right and wrong at the time of the offense. C. The report of the sanity commission shall be admissible at the sanity hearing. D. A member of the sanity commission may be called as a witness at the sanity hearing by the court, the defense, or the district attorney. Acts 2008, No. 222, §1, eff. June 16, 2008.
LA Chil Code art. 870 (2021)
2021 Louisiana Laws|Children's Code|Art. 870. Motion for a bill of particulars

A. On motion of the child or on its own motion, the court may require the district attorney to furnish a bill of particulars setting forth more specifically the nature and cause of the allegations charging that the child committed a delinquent act. B. When a bill of particulars is furnished, it shall be filed with the clerk of court and a copy shall be given to the child or his counsel. C. Supplemental bills of particulars may be ordered by the court at any time before the adjudication hearing. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 871 (2021)
2021 Louisiana Laws|Children's Code|Art. 871. Effect of inconsistent or limiting allegations of a bill of particulars

A. The court shall dismiss the petition unless its defects are cured by a supplemental bill of particulars if it finds from the bill of particulars and the petition either that: (1) No delinquent act cognizable under the provisions of this Code was committed. (2) The child named in the petition did not commit the delinquent act charged. B. The defect will be cured if the district attorney furnishes, within a period fixed by the court, not to exceed three days from the order, another bill of particulars which either by itself or together with any particulars appearing in the petition so states the particulars as to make it appear that the offense charged was committed by the defendant. C. If the district attorney fails to furnish a sufficient bill of particulars when ordered to do so by the court, the court may dismiss the petition. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 872 (2021)
2021 Louisiana Laws|Children's Code|Art. 872. Motion to suppress

The child may move to suppress evidence obtained in violation of the Constitution of the United States or the Constitution of Louisiana. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 873 (2021)
2021 Louisiana Laws|Children's Code|Art. 873. Severance of causes for adjudication

A. If it appears that the child or the state is prejudiced by a joinder of delinquent acts in the petition or by such joinder for trial together, the court may order separate adjudication hearings, grant severance, or provide whatever other relief justice requires. B. If a petition joins a request to adjudicate the child delinquent with a request for adjudication on any other jurisdictional ground authorized by this Code, the court may, in the interests of justice, order separate adjudication hearings. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 874 (2021)
2021 Louisiana Laws|Children's Code|Art. 874. Severance of individual cases for adjudication

Where petitions have been filed which allege that one or more children were involved in the commission of the same delinquent act or acts, the children shall be tried jointly unless either: (1) The state elects to try them separately. (2) The court, on motion of the child and after contradictory hearing with the district attorney, is satisfied that justice requires a severance. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 875 (2021)
2021 Louisiana Laws|Children's Code|Art. 875. Motions to dismiss

A. All objections to the proceedings, including objections based on defects in the petition and defenses capable of determination as a matter of law, may be raised by motion to dismiss. B. Upon a finding of grounds to dismiss the petition as provided for in Paragraph A of this Article, the court shall order that the petition be dismissed. Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2011, No. 172, §1.
LA Chil Code art. 876 (2021)
2021 Louisiana Laws|Children's Code|Art. 876. Dismissal of petition

The court shall dismiss a petition on the motion of the district attorney. Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2011, No. 172, §1.
LA Chil Code art. 877 (2021)
2021 Louisiana Laws|Children's Code|Art. 877. Adjudication hearing; time limitations

A. When the child is charged with a crime of violence as defined in R.S. 14:2(B) and the child is continued in custody pursuant to Chapter 5 of this Title, the adjudication hearing shall commence within sixty days of the appearance to answer the petition. In all other cases, if the child is continued in custody pursuant to Chapter 5 of this Title, the adjudication hearing shall commence within thirty days of the appearance to answer the petition. B. If the child is not continued in custody, the adjudication hearing shall commence within ninety days of the appearance to answer the petition. C. If the hearing has not been commenced timely, upon motion of the child, the court shall release a child continued in custody and shall dismiss the petition. D. For good cause, the court may extend such period. Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2012, No. 124, §1, eff. May 14, 2012.
LA Chil Code art. 878 (2021)
2021 Louisiana Laws|Children's Code|Art. 878. Order of adjudication hearing

A. The normal order of an adjudication hearing shall be: (1) Presentation of evidence offered by the state. (2) Presentation of evidence offered on behalf of the child. (3) Presentation of evidence to rebut evidence offered on behalf of the child. (4) Closing arguments of counsel. B. With consent of counsel, the order may be varied. When the child is not represented by counsel, the order may not be varied. C. The court may permit opening statements of the state and of counsel representing the child. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 879 (2021)
2021 Louisiana Laws|Children's Code|Art. 879. Presence at adjudication hearing; exclusion of witnesses

  A. The child, his parents, counsel, the district attorney, authorized officials of the court, and witnesses called by the parties may be present at the adjudication hearing.  B.(1) All proceedings in a juvenile delinquency case involving a crime of violence as defined in R.S. 14:2(B) or a delinquent act which is a second or subsequent felony-grade adjudication shall be open to the public.  (2) Except as otherwise provided by law, in all juvenile delinquency proceedings involving the violation of first degree murder (R.S. 14:30), second degree murder (R.S. 14:30.1), aggravated or first degree rape (R.S. 14:42), aggravated kidnapping (R.S. 14:44), armed robbery (R.S. 14:64), negligent homicide (R.S. 14:32), or vehicular homicide (R.S. 14:32.1), the court shall allow the victim, the victim's spouse, children, siblings, parents, grandparents, guardians, and legal custodians to be present at the adjudication hearing.  C. On its own motion the court may, and on the request of a party the court shall, order that the witnesses, other than parties, be excluded from the courtroom or from a place where they can see or hear the proceedings, and refrain from discussing the facts of the case with anyone other than counsel in the case. In the interest of justice, the court may exempt any witness from its order.  Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 769, §1; Acts 1994, 3rd Ex. Sess., No. 120, §1, eff. July 7, 1994; Acts 1995, No. 1313 §1, eff. June 29, 1995; Acts 2011, No. 251, §2; Acts 2015, No. 184, §8.
LA Chil Code art. 880 (2021)
2021 Louisiana Laws|Children's Code|Art. 880. Right to present evidence and examine witnesses

A. Among other rights guaranteed by Chapter 3 of this Title, at the adjudication hearing the child may introduce evidence, call witnesses, be heard on his own behalf, and cross-examine witnesses called by the state. B. When a child has contested an adjudication based on his insanity, the members of the sanity commission may be called as witnesses by the court, the child, or the district attorney. Regardless of who calls them as witnesses, the members of the commission are subject to cross-examination by the child, by the district attorney, and by the court. C. Other evidence pertaining to the defense of insanity at the time of the offense may be introduced at the adjudication hearing by the child and by the district attorney. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 881 (2021)
2021 Louisiana Laws|Children's Code|Art. 881. Evidence

A. The adjudication hearing in delinquency proceedings shall be conducted according to the provisions of the Code of Evidence applicable to criminal cases. B. The child shall not be required to testify, and evidence obtained in violation of the child's rights under the Constitution of the United States or the Constitution of Louisiana shall not be admitted over objection. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 881.1 (2021)
2021 Louisiana Laws|Children's Code|Art. 881.1. Admissibility of a child's confession in juvenile court

A. A confession made by an accused child without a knowing and voluntary waiver shall not be admissible unless the state proves beyond a reasonable doubt that it was freely and voluntarily given and was not made under the influence of fear, duress, intimidation, menaces, threats, inducements, or promises. B. In making this determination, the court shall consider all of the following: (1) The age of the child. (2) The education of the child. (3) The knowledge of the child as to both the substance of the charge, if any has been filed, and the nature of his rights to consult with an attorney and to remain silent. (4) Whether the child is held incommunicado or allowed to consult with relatives, friends, or an attorney. (5) Whether the child was interrogated before or after formal charges had been filed. (6) The methods used in the interrogation. (7) The length of the interrogation. (8) Whether or not the child refused to voluntarily give statements on prior occasions. (9) Whether the child has repudiated an extra-judicial statement at a later date. Acts 2010, No. 593, §1.
LA Chil Code art. 882 (2021)
2021 Louisiana Laws|Children's Code|Art. 882. Adjudication by the court

The adjudication hearing shall be held before the court without a jury. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 883 (2021)
2021 Louisiana Laws|Children's Code|Art. 883. Burden of proof

In order for the court to adjudicate a child delinquent, the state must prove beyond a reasonable doubt that the child committed a delinquent act alleged in the petition. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 884 (2021)
2021 Louisiana Laws|Children's Code|Art. 884. Adjudication order

A. Following the adjudication hearing, the court shall immediately declare whether the evidence warrants an adjudication that the child is delinquent. In exceptional circumstances, the court may take the matter under advisement. B. If the evidence demonstrates that the child's family is in need of services, the court may adjudicate the child's family to be in need of services and proceed to a disposition in accordance with Chapters 10 and 12 of Title VII. C. If the court finds that the evidence does not warrant any requested or authorized adjudication, it shall dismiss the petition. D. In addition to any other use provided for in this Code, a prior adjudication order of delinquency, whether felony grade or misdemeanor grade, may be used as a predicate offense for enhancement purposes in future juvenile delinquency proceedings only. Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1999, No. 1317, §4; Acts 2004, No. 321, §1; Acts 2011, No. 321, §1.
LA Chil Code art. 886 (2021)
2021 Louisiana Laws|Children's Code|Art. 886. Continued custody pending disposition; bail; places of detention

A. At the conclusion of the hearing if the child has been adjudicated delinquent, the court shall consider whether the child should be released or held in custody pending a disposition hearing. B. If the adjudication was based upon a misdemeanor-grade delinquent act, the child shall have a right to bail in accordance with the procedures established in Chapter 6 of this Title. C. If the adjudication was based upon a felony-grade delinquent act, there is a presumption in favor of the child's right to bail unless the court has reason to believe, based upon competent evidence, that the release of the child will pose a danger to any other person or the community. If the child is to be released, the court shall set bail according to the procedures established in Chapter 6 of this Title. D. If the child is held in custody, the court may place him in a juvenile detention center, in a public or private facility for juveniles, in a private home subject to the supervision of the court, or in any other suitable facility for juveniles authorized by the court. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 887 (2021)
2021 Louisiana Laws|Children's Code|Art. 887. Vacation of adjudication; grounds

A. On motion of the child prior to disposition, a delinquency adjudication shall be vacated and the child discharged if, after contradictory hearing, the court finds that: (1) The petition is substantially defective, in that an essential averment is omitted, although the child may be recharged by a new petition within the time limitations provided by law for that offense. (2) The delinquent act charged in the petition is not based upon an offense which is punishable under a valid statute. (3) The court making the adjudication lacked jurisdiction. (4) The act charged constitutes double jeopardy, if not previously urged. (5) The prosecution was not timely instituted, if not previously urged. B. On motion of the child before disposition, an adjudication shall be vacated and a new adjudication hearing ordered if, after a contradictory hearing, the court finds that: (1) The adjudication is not responsive to the petition, or is otherwise so defective that it will not form the basis of a valid judgment, in which case the child shall be remanded to custody or bail to await a new adjudication hearing. (2) The adjudication was obtained by fraud or mistake sufficient to justify vacating the adjudication. (3) The child and his counsel satisfy the requirements of Articles 851(3), 853, and 854 of the Code of Criminal Procedure regarding the discovery of new and material evidence. (4) The adjudication judgment is contrary to the law and evidence. C. If the court is of the opinion that the ends of justice would be served, it may vacate the adjudication prior to disposition, although the child may not be entitled to such relief as a matter of strict legal right. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 888 (2021)
2021 Louisiana Laws|Children's Code|Art. 888. Physical and mental examination for disposition; costs

A. Following the adjudication, the court may order such physical and mental examination and evaluation of the child as may be helpful in determining a fair and just disposition. B. In conjunction with such an examination or evaluation, the court may order the preparation of a social summary and case history about the child, including otherwise confidential information within the court's records, for submission to the evaluator. C. The court may, after due notice to the parent, order the parent to pay all or part of the expense of any evaluation or examination. The court shall make a determination of the parent's ability to pay according to the procedures of Article 406. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 889 (2021)
2021 Louisiana Laws|Children's Code|Art. 889. Disclosure of resulting evaluation report

Copies of any reports of findings submitted to the court pursuant to Article 888 shall be made available to the district attorney and counsel for the child. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 890 (2021)
2021 Louisiana Laws|Children's Code|Art. 890. Predisposition report; contents

A. In making the investigation, the probation officer shall investigate and report to the court regarding:  (1) The circumstances attending the commission of the offense; the attitudes of the child and his parents toward the offense; the prior offenses committed by the child, including other referrals or contacts not resulting in juvenile court petitions; and, when applicable, the disposition of companion cases arising out of this offense.  (2) The impact on the victim, if a child is adjudicated of or admits to a delinquent act involving a victim. The court shall require that a victim impact statement be included in the predisposition report. The victim impact statement shall include factual information as to whether the victim or his family has suffered, as a result of the offense, any monetary loss, medical expense, or physical impairment, and shall include any other information deemed relevant. The district attorney may also file a victim impact statement with the court.  (3) The child's home environment including his family's composition and dynamics, stability, economic status, participation in community or religious activities, and any physical, mental, or emotional handicaps, substance abuse, or criminal history of any of its members.  (4) The child's current physical description, developmental and medical history, social adjustment in the community, school record, including the name and address of the school where the child is registered and enrolled, employment or vocational interest, significant behavior patterns, or other personality traits relevant to his rehabilitation.  B. The report shall contain a list of all persons contacted in completing the investigation and their relationship to the child.  C. The report shall contain a brief statement of the child's identified behavioral problems and the probation officer's assessment of cause and potential for rehabilitation, indicating specifically those resources available in the community or within the child's extended family which could provide needed assistance to the child and his family.  D. The report shall contain recommendations for suggested disposition, including, if applicable, special conditions of supervision.  Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1993, No. 840, §1.