reglab/housing_qa huggingface dataset:
LA Chil Code art. 1042 (2021)
2021 Louisiana Laws|Children's Code|Art. 1042. Review; counsel for child

A. When the department is the legal custodian of the child, if no permanent placement has been made within ninety days of such judgment, review hearings shall be held in accordance with the provisions of Chapters 15 and 16 of Title VI of this Code. B. When the department is not the legal custodian of the child, review hearings shall be held every ninety days until a final decree of adoption is rendered. C. Any attorney appointed to represent the child in the termination action shall continue to represent the child in all subsequent review hearings until the child is permanently placed. D. The attorney appointed to represent the child shall also be responsible for reviewing and submitting a recommendation to the court regarding any agreement for post-adoption continuing contact that is filed for approval in accordance with Chapter 14-A of Title XII. Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1995, No. 1095, §4; Acts 1999, No. 1062, §2, eff. Jan. 1, 2000; Acts 2001, No. 568, §1, eff. Jan. 1, 2002.
LA Chil Code art. 1043 (2021)
2021 Louisiana Laws|Children's Code|Art. 1043. Adoption; voluntary registration by child and parents whose parental rights have been terminated

Parents whose rights have been terminated and an adopted child are permitted to use the services of the voluntary registry as provided in Chapter 15 of Title XII. Acts 1991, No. 235, §10, eff. Jan. 1, 1992.
LA Chil Code art. 1051 (2021)
2021 Louisiana Laws|Children's Code|Art. 1051. Motion to restore parental rights

A. If a child is in foster care and is over the age of fifteen, counsel appointed for the child or the department may file a motion to restore the parental rights or parental contact with a parent whose rights have been terminated. The motion shall be filed in the court in which permanency hearings for the child are being conducted. When the counsel for the child files the motion, it shall be served on the department. B. The court shall sign an order setting the time and place of the hearing on the motion not less than forty-five nor more than sixty days after the date of the filing of the motion. The court may continue the hearing for up to thirty additional days for good cause, which may include a showing by the department that it, despite its diligent effort, has been unable to complete the confidential report required by Article 1052 within the prescribed time. Upon joint motion of the department and the child, the court may set the date of the hearing within fifteen days after the filing of the motion. C. The moving party shall mail a copy of the motion and order to the parents, foster parents, and CASA volunteer of the child. The parents, foster parents, and CASA volunteer shall have a right to be heard at the hearing but are not parties and the hearing may be conducted in their absence. D. The motion shall be dismissed if the parent cannot be located. The court may not grant the relief requested in the motion without the consent of the parent. Acts 2008, No. 436, §1.
LA Chil Code art. 1052 (2021)
2021 Louisiana Laws|Children's Code|Art. 1052. Duties of department

A. The department shall make a diligent effort to locate a parent whose rights may be restored and notify him of the effects of the restoration, including the obligation to pay child support or parental contribution. The notice to the parent shall contain a copy of the motion showing the time and date of the hearing. B. Within forty-five days after the date the motion is filed, or by an earlier date as set by the court, the department shall submit a confidential report to the court which shall include findings on the following: (1) The change in circumstances since the certification for adoption. (2) A summary of the reasons why parental rights were terminated and the date of the judgment. (3) The willingness of the parent to resume contact with the child and to have parental rights restored. (4) The willingness of the child to resume contact with the parent and to have parental rights restored. (5) The ability and willingness of the parent to be involved in the life of the child and to accept the physical custody of the child. (6) Other relevant information. Acts 2008, No. 436, §1.
LA Chil Code art. 1053 (2021)
2021 Louisiana Laws|Children's Code|Art. 1053. Hearing

A. At the hearing, the court may, in the best interest of the child: (1) Allow contact between the parent and child, and if so, under what conditions. (2) Restore the parental rights of the parent. (3) Place the child in the custody of the parent with or without continuing supervision of the department. If the court orders placement of the child in the custody of a parent who resides out of state, it shall order compliance with the Interstate Compact on the Placement of Children. B. If the department, counsel for the child, CASA volunteer, and the parent stipulate that restoration of parental rights or parental contact is in the best interest of the child, the court may, after reviewing the report of the department, enter a judgment to that effect without a hearing. C. The restoration of parental rights and placement of the child in the custody of the parent without supervision by the department is considered a permanent placement. Any other disposition by the court shall be made part of the case plan. Acts 2008, No. 436, §1.
LA Chil Code art. 1101 (2021)
2021 Louisiana Laws|Children's Code|Art. 1101. Purpose

Except as otherwise provided in Articles 1195 and 1196 of this Code, this Title provides the exclusive means by which a parent can voluntarily relinquish his parental rights to a child for the ultimate purpose of adoption. Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 2000, 1st Ex. Sess., No. 109, §1, eff. April 17, 2000; Acts 2003, No. 609, §1.
LA Chil Code art. 1102 (2021)
2021 Louisiana Laws|Children's Code|Art. 1102. General applicability

Except as otherwise specified in this Title, all provisions of the Children's Code remain applicable. Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
LA Chil Code art. 1103 (2021)
2021 Louisiana Laws|Children's Code|Art. 1103. Definitions

  As used in this Title:  (1) "Agency" includes the Department of Children and Family Services, the corresponding department of any other state, and those private agencies and institutions licensed for the placement of children for adoption by the Department of Children and Family Services or by the corresponding department of any other state.  (2) "Birth certificate" means the child's official birth certificate or a true copy of a prefiled version of the birth certificate in the event the official birth certificate has not yet been issued.  (3) "Child" means a person under seventeen years of age and not emancipated by marriage.  (4) "Department" means the Louisiana Department of Children and Family Services.  (5) "Parental fitness" means:  (a) That a parent has not abused the child. For purposes of this Subparagraph, abuse means the infliction of physical or mental injury which causes deterioration to the child, sexual abuse, exploitation, or overworking of a child to such an extent that his health or moral or emotional well-being is endangered.  (b) That a parent has consistently offered to provide reasonably necessary food, clothing, appropriate shelter, or treatment for the child. For purposes of this Subparagraph, treatment means medical care or other health services provided in accordance with the tenets of a well-recognized religious method of healing with a reasonable, proven record of success.  (c) That a parent suffers from no medical or emotional illness, mental deficiency, behavior or conduct disorder, severe physical disability, substance abuse, or chemical dependency which makes him unable or unwilling to provide an adequate permanent home for the child at the present time or in the reasonably near future based upon expert opinion or based upon an established pattern of behavior.  (d) Viewed in its entirety, the parent's past or present conduct, including his criminal convictions, would not pose a risk of substantial harm to the physical, mental, or emotional health of the child.  (6) "Putative father registry" means the Louisiana putative father registry established in Part I-C of Chapter 1 of Code Title VII of Code Book I of Title 9 of the Louisiana Revised Statutes of 1950, comprised of R.S. 9:400 and 400.1.  Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 797, §1.
LA Chil Code art. 1104 (2021)
2021 Louisiana Laws|Children's Code|Art. 1104. Nature of surrender

A. To the extent there are special provisions set forth in this Title, a voluntary act of surrender executed pursuant to this Title is subject to the provisions herein and not to conventional obligations law.  B. The act of surrender shall be presumptive evidence of a legal and voluntary surrender only if it contains every element required by Article 1122, and is in all other respects executed in accordance with the provisions of this Title.  Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
LA Chil Code art. 1105 (2021)
2021 Louisiana Laws|Children's Code|Art. 1105. Recordkeeping generally

The clerks of the respective juvenile courts shall open separate records and keep separate indices of all documents filed in accordance with this Title. All such records shall be indexed in the name of the child and shall be subject to disclosure only as provided in this Title. Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
LA Chil Code art. 1106 (2021)
2021 Louisiana Laws|Children's Code|Art. 1106. Recordation of acknowledgment by authentic act and judgments of filiation

A. Acknowledgment of a child by authentic act may be evidenced by proof of its filing. If the child is born in Louisiana, and the acknowledgment is by authentic act, it shall be filed with the state registrar, office of vital records, the central repository for paternity acknowledgments, and recorded in the office of the clerk of court in the parish in which the child is born in order for the father to be accorded the rights afforded by Article 1193. B. All acknowledgments by authentic act recorded pursuant to this Article shall indicate the name of the child, the child's date of birth, if known, the name of the mother, and the full name and address of the acknowledging father. C. A judgment of filiation rendered by a court which recognizes a father as having formally acknowledged a child born outside of marriage and in which the father is adjudged the parent of the child shall also be filed with the state registrar, office of vital records, the central repository for adjudications of paternity, and filed and recorded in the office of the clerk of court in the parish in which the child was born, if born in this state, or if the child was born in another state, in the parish in which the child is domiciled at the time of the judgment. D. The clerk of court shall issue, on request, a certificate indicating whether any act of acknowledgment or any filiation judgment has been recorded relative to a particular child. If such an act has been recorded, the clerk shall include on the certificate the name and address of the father, the name of the notary, and the date of recordation of the certificate. Records of requests for certificates and copies of certificates issued shall be maintained in confidential records and shall not be open to public inspection. The acts recorded, however, shall be made available only upon motion and order for good cause shown. Certifications shall be issued to the department, other adoption agencies, and the courts of this state at no charge. The clerk may assess reasonable charges for copies of the certificate requested by other persons or agencies. E. For purposes of this Article, "clerk of court" means the clerk of court in the parish in which the child was born. However, "clerk of court" means only the following clerks of court in the following parishes: (1) In the parish of Caddo, the clerk of the Caddo Parish Juvenile Court. (2) In the parish of East Baton Rouge, the clerk of the East Baton Rouge Parish Juvenile Court. (3) In the parish of Jefferson, the clerk of the Jefferson Parish Juvenile Court. (4) In the parish of Orleans, the clerk of the Orleans Parish Juvenile Court. Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2004, No. 26, §3; Acts 2008, No. 561, §1.
LA Chil Code art. 1107 (2021)
2021 Louisiana Laws|Children's Code|Art. 1107. Confidentiality of records

A. All records maintained in accordance with this Title shall be confidential and shall not be open to inspection except on written authorization by the court and there shall be no publication. B. Such written authorization shall be granted only upon a showing of compelling reasons and then only to the extent necessary to satisfy the compelling necessity pursuant to the procedures contained in Articles 1188 through 1192. Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
LA Chil Code art. 1107.1 (2021)
2021 Louisiana Laws|Children's Code|Art. 1107.1. Intent to surrender for adoption

During her pregnancy or thereafter, a mother of a child may execute an intent to surrender for adoption in accordance with Chapter 2-A of this Title. Acts 2003, No. 564, §1.
LA Chil Code art. 1107.2 (2021)
2021 Louisiana Laws|Children's Code|Art. 1107.2. Intent to surrender for adoption; purpose; limitations

A. The purpose of an act of intent to surrender for adoption is to facilitate early planning for the child who may be surrendered by the mother for adoption and to provide due notice at the earliest possible time to any alleged or adjudicated father who may have an interest in the child's custody. B. An act of intent to surrender for adoption may be executed only by a pregnant female or mother of a child. C. The intent to surrender for adoption process may be used only when the alleged or adjudicated father is identified and can be served. D. The intent to surrender for adoption process may not be used to terminate the rights of a legal father. Acts 2003, No. 564, §1.
LA Chil Code art. 1107.3 (2021)
2021 Louisiana Laws|Children's Code|Art. 1107.3. . Intent to surrender for adoption; capacity; legal counseling, affidavit; effect on parental rights

A. A pregnant female or mother of a child may execute an act of intent to surrender for adoption if she meets the requirements for capacity to execute an act of surrender as set forth in Articles 1111 through 1114. B. In all private adoptions, she must receive legal counseling in accordance with Article 1121(A). Her counsel shall execute an affidavit of counsel, which shall be attached to the intent to surrender for adoption and comply with the requirements of Article 1121(C). C. Execution of an intent to surrender for adoption shall have no effect upon the parental rights of the pregnant female or mother of a child or of the legal father. Acts 2003, No. 564, §1.
LA Chil Code art. 1107.4 (2021)
2021 Louisiana Laws|Children's Code|Art. 1107.4. Filing of intent to surrender for adoption

The agency or attorney for the prospective adoptive parents shall file any intent to surrender for adoption in a court of proper venue as authorized by Article 1180. Acts 2003, No. 564, §1.
LA Chil Code art. 1107.6 (2021)
2021 Louisiana Laws|Children's Code|Art. 1107.6. Failure to file timely objection to adoption; termination of parental rights

A. To preserve his right to oppose a subsequent adoption, the alleged or adjudicated father shall file an objection, in accordance with Article 1107.8, within fifteen days of service of the notice of intent to surrender for adoption, or, if the child has not yet been born, within five days of the birth of the child, whichever is earlier. B. If the father fails to file a timely objection, he shall be deemed to have waived notice of the filing and service of any pleading in any subsequent surrender or adoption proceeding and to have no cause of action to challenge the child's adoption. C. The court shall, upon motion, render an order terminating the parental rights of both parents if: (1) A motion for hearing to determine the father's rights or a surrender by the mother is filed within ninety days of the filing of the intent to surrender. (2) The surrender is filed in court in accordance with Article 1131. (3) In accordance with Article 1131(C), the court finds that the surrender meets the requirements of this Title. Acts 2003, No. 564, §1.
LA Chil Code art. 1107.7 (2021)
2021 Louisiana Laws|Children's Code|Art. 1107.7. Objection to intent to surrender for adoption; effect

A. If an alleged or adjudicated father timely files with the court an objection to the intent to surrender for adoption, in accordance with Article 1107.8, he shall be deemed to have filed a timely opposition to the adoption in accordance with Article 1137. B. Within ninety days of the filing of her intent to surrender, the mother may file a motion for hearing to determine the father's parental rights. The court shall schedule a hearing to decide whether the father has established or forfeited his parental rights in accordance with Article 1138 within twenty days after the time the father was served with the motion for hearing. If the father fails to establish his parental rights, he shall be deemed to have waived notice of the filing and service of any pleading in any subsequent surrender or adoption proceeding and to have no cause of action to challenge the child's adoption and his parental rights are subject to termination upon the filing and approval of the mother's surrender. C. If the mother thereafter files a surrender within ninety days of the filing of her intent to surrender and the father's rights have not been previously determined to be waived pursuant to Paragraph B of this Article, such a father shall be entitled to receive notice of its filing. The court shall schedule a hearing to decide whether the father has established or forfeited his parental rights, in accordance with Article 1138, within twenty days after the time he was served with the notice of the surrender. D. If the mother does not file a motion for hearing pursuant to Paragraph B of this Article or thereafter file a surrender within ninety days of the filing of her intent to surrender, the intent to surrender shall be dissolved and shall be without legal consequences. Evidence of the intent to surrender, now dissolved, shall not be considered evidence of unfitness. Acts 2003, No. 564, §1.
LA Chil Code art. 1107.9 (2021)
2021 Louisiana Laws|Children's Code|Art. 1107.9. Notice of filing of intent to surrender for adoption; service upon identified alleged fathers, residents and nonresidents

Notice of filing of an intent to surrender for adoption shall be given by personal service or by registered or certified mail, return receipt requested, delivery restricted to the addressee, to any alleged or adjudicated and identified father. Acts 2003, No. 564, §1.
LA Chil Code art. 1108 (2021)
2021 Louisiana Laws|Children's Code|Art. 1108. Authority to surrender

A. Subject to the provisions for capacity found in Chapter 4 of this Title any parent may execute a voluntary act of surrender. B. If the parents are dead or are unknown, the child's tutor may execute the act of surrender for adoption. Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
LA Chil Code art. 1109 (2021)
2021 Louisiana Laws|Children's Code|Art. 1109. Domiciliary requirements

A surrendering parent must be domiciled in this state for at least eight months, unless a prospective adoptive parent has been domiciled in this state for at least eight months, or the child is in the custody of the Department of Children and Family Services. Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1243, §2, eff. Jan. 1, 2000; Acts 2001, No. 1064, §2.
LA Chil Code art. 1110 (2021)
2021 Louisiana Laws|Children's Code|Art. 1110. Nature of authority

The surrender of a child for adoption by one parent shall have no effect upon the parental rights of any other parent. Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
LA Chil Code art. 1111 (2021)
2021 Louisiana Laws|Children's Code|Art. 1111. Capacity generally

Except as provided hereinafter in this Chapter, any parent has the capacity to surrender his or her child for adoption. Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
LA Chil Code art. 1112 (2021)
2021 Louisiana Laws|Children's Code|Art. 1112. Inability due to court intervention

A. Except as provided herein, a parent may not execute a private surrender once custody of that child has been removed from the parent by order of a juvenile court and the child has been placed in the legal custody of any person or agency or if the child is the subject of a pending termination of parental rights proceeding. B. Upon notice to the department and after a contradictory hearing, if requested by the department, a parent may, with approval of the court, execute a private surrender of a child in the legal custody of the department to the foster parent with whom the child was placed by the department. Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
LA Chil Code art. 1113 (2021)
2021 Louisiana Laws|Children's Code|Art. 1113. Minor parents

A. Except as otherwise provided herein, if a parent executing a surrender in a private adoption is a minor, the parents or tutor of the minor must join in the surrender unless the minor parent has been judicially emancipated under Civil Code Article 385 or emancipated by marriage under Civil Code Articles 379 through 384. B. When the parents of the minor are separated or divorced, only the parent who has legal custody of the minor must join in the surrender. C. When the minor's parents or tutor refuse to join in the act or cannot be located, the court may authorize the minor to surrender without the required consent if it finds that the minor is sufficiently mature and well-informed to surrender his child for adoption or that the surrender is otherwise in the child's best interest. D. In an intrafamily adoption, the parents or tutor of the minor parent must join in the minor's consent to his child's adoption unless the court finds that the minor is sufficiently mature and well-informed to surrender his child for adoption or that the surrender is otherwise in the child's best interest. E. A minor may surrender to an agency without the consent of the parents or tutor of the minor. Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000.
LA Chil Code art. 1114 (2021)
2021 Louisiana Laws|Children's Code|Art. 1114. Mentally incapacitated parents

Any parent who has been interdicted or who the court finds to be mentally incapable of giving a knowing and voluntary surrender shall not execute an act of surrender. Any act of surrender executed by an interdicted or mentally incapacitated parent is subject to annulment under Chapter 12 of this Title. Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
LA Chil Code art. 1115 (2021)
2021 Louisiana Laws|Children's Code|Art. 1115. Authority generally; preplacement approval

A. A surrender may be made to any person or agency qualified to petition for the adoption of the child. B. Prior to the execution of a surrender for private adoption pursuant to Chapter 10 of Title XII, each prospective adoptive parent shall obtain preplacement approval as required by Chapter 2 of Title XII. C. Either a certification for adoption or a court order approving the adoptive placement, completed or brought current within the previous twelve months, shall be provided to the attorney for the prospective adoptive parents for filing with the surrender. Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 2003, No. 567, §1.
LA Chil Code art. 1116 (2021)
2021 Louisiana Laws|Children's Code|Art. 1116. Agency adoption; acceptance by agency

In order for a surrender to an agency to be effective, the surrender shall be accepted in writing by the agency in the form of an authentic act. Acts 1991, No. 235, §11, eff. Jan. 1, 1992.