reglab/housing_qa huggingface dataset:
LA Chil Code art. 1025.4 (2021)
2021 Louisiana Laws|Children's Code|Art. 1025.4. Prehearing and scheduling conference; order

  A. At the appearance, on its own motion or on motion of counsel, the court shall direct counsel for the petitioner, for the parents, and for the child to appear before it for a conference to consider the following:  (1) The consideration of alternatives to formal court proceedings when their use is appropriate and in the best interest of the child.  (2) Efforts to identify and locate an unidentified or absent parent and relatives or other individuals willing and able to offer a wholesome and stable home for the child.  (3) Whether there is an issue of paternity requiring the issuance of an order for immediate blood or tissue sampling in accordance with the provisions of R.S. 9:396 et seq.  (4) The simplification of the issues including the elimination of frivolous claims or defenses.  (5) The necessity or desirability of amendments to the petition.  (6) What material facts and issues exist without substantial controversy, and what material facts and issues are actually and in good faith controverted.  (7) Proof, stipulations regarding the authenticity of documents, and advance rulings from the court on the admissibility of evidence.  (8) Limitations or restrictions on or regulation of the use of expert testimony under Louisiana Code of Evidence Article 702.  (9) The control and scheduling of discovery.  (10) The identification of witnesses, documents, and exhibits.  (11) Such other matters as may aid in the disposition of the action.  B. The court shall render an order which recites the action taken at the conference, the amendments allowed to the petition, and the agreements made by the parties as to any of the matters considered, and which limits the issues for adjudication to those not disposed of by admissions or agreements of counsel. Such order controls the subsequent course of the action, unless modified at the termination of parental rights hearing to prevent manifest injustice.  C. If a party's counsel fails to obey a prehearing order, or to appear at the prehearing and scheduling conference, or is substantially unprepared to participate in the conference, or fails to participate in good faith, the court, upon its own motion or on the motion of a party, after hearing, may make such orders as are just, including orders provided in Code of Civil Procedure Article 1471(2), (3), and (4). In lieu of or in addition to any other sanction, the court may require the party or his counsel, or both, to pay the reasonable expenses incurred by noncompliance with this Paragraph, including attorney fees.  Acts 1997, No. 256, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2017, No. 239, §1.
LA Chil Code art. 1026 (2021)
2021 Louisiana Laws|Children's Code|Art. 1026. Medical examinations

A. Upon motion of any party or the court, the court may order physical or mental examination or evaluation of any party whose mental or physical condition is in controversy in accordance with the provisions of Article 1464 of the Louisiana Code of Civil Procedure. B. The cost of any ordered examination or evaluation shall be paid by the moving party unless apportioned by the court, in its discretion, to any other party or parties. C. The information obtained by an examination or evaluation ordered pursuant to this Article shall not be admissible in any subsequent proceeding for any purpose including impeachment. Acts 1991, No. 235, §10, eff. Jan. 1, 1992.
LA Chil Code art. 1027 (2021)
2021 Louisiana Laws|Children's Code|Art. 1027. Discovery rights; access to department records

A. At any stage of the proceedings, upon written motion of counsel for the protected person or his parent, the court may order the district attorney or the department to permit counsel to inspect: (1) Reports of investigation in the possession or control of the district attorney or the department. (2) Reports of evaluations or tests pertaining to the child in the possession or control of the district attorney or the department. (3) The case records maintained by the department pertaining to the child and the parent, except information otherwise protected under R.S. 46:56 or by restrictive order pursuant to Article 1028. (4) Any videotape of a protected person made in compliance with Chapter 8 of Title III which is in the possession or control of the district attorney or the department. B. The court shall order the district attorney or the department to permit counsel to inspect and copy any physical evidence, documents, or photographs which the state intends to offer into evidence at the hearing as provided for in Subparagraphs A(1), (2), and (4). However, the court may, in its discretion, permit the inspection of evidence provided for in Subparagraph A(3). C. If counsel for the child or his parents is provided discovery, the court may condition that order upon reciprocal discovery by the state. D. The court shall not order the production or inspection of any part of a writing that reflects the mental impressions, conclusions, or theories of an attorney nor any other type of discovery except that expressly authorized by this Article. E. The duties imposed by a discovery order continue while the child is subject to the jurisdiction of the court, unless the order provides otherwise. Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2004, No. 241, §1.
LA Chil Code art. 1028 (2021)
2021 Louisiana Laws|Children's Code|Art. 1028. Restrictive; discovery

A. The court may limit, modify, or restrict discovery upon written motion and a showing of good cause, such as a claim of confidentiality under R.S. 46:56. Such showing may be made ex parte if the interests of justice so require. B. If the court restricts, limits, or modifies its order, the written motion showing good cause may be sealed and shall be placed in the record of the proceeding. Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
LA Chil Code art. 1029 (2021)
2021 Louisiana Laws|Children's Code|Art. 1029. Intervention

No person shall be allowed to intervene in a proceeding brought under this Title. Acts 1991, No. 235, §10, eff. Jan. 1, 1992.
LA Chil Code art. 1030 (2021)
2021 Louisiana Laws|Children's Code|Art. 1030. Suspension of right of voluntary surrender of parental rights by initiation of termination proceeding

Once a petition to terminate parental rights has been filed, the parent is thereafter without authority to execute an act of surrender or otherwise to affect the custody of the child except: (1) The parent may execute an act of surrender in favor of the department with the approval of the court. (2) The parent may consent to a judgment terminating his parental rights as provided in Article 1025.2. Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2012, No. 730, §1.
LA Chil Code art. 1031 (2021)
2021 Louisiana Laws|Children's Code|Art. 1031. Time for setting termination of parental rights hearing

The termination of parental rights hearing shall commence within sixty days after the date set for the appearance to answer the petition. Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 256, §1.
LA Chil Code art. 1032 (2021)
2021 Louisiana Laws|Children's Code|Art. 1032. Continuances

Upon a showing of good cause and notice to the opposing party, the court may grant, deny, or restrict a requested continuance of the proceeding. The court shall avoid delays in resolving the status of the parent and in achieving permanency for the child. Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1.
LA Chil Code art. 1033 (2021)
2021 Louisiana Laws|Children's Code|Art. 1033. Effect of nonappearance

If it appears from the record that the parent has been served in accordance with Article 1021 or 1022 or has been located and notified in accordance with Article 1020 and the parent fails to appear at the hearing, then the hearing shall be held in the parent's absence and the petitioner shall be required to establish prima facie proof of the allegations contained in the petition. Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1.
LA Chil Code art. 1034 (2021)
2021 Louisiana Laws|Children's Code|Art. 1034. Right to present evidence and examine witnesses

A. Among other rights expressly guaranteed by this Title or by due process of law, at the hearing the parent may introduce evidence, call witnesses, be heard on his own behalf, and cross-examine witnesses called by the petitioner or the child. B. Among other rights expressly guaranteed by this Title or by due process of law, at the hearing the child may introduce evidence, call witnesses, and cross-examine witnesses called by the petitioner or by the parent. C. If competent, the child may be heard on his own behalf. Any testimony given by a child may be taken by a videotaped interview or by closed circuit television, as authorized by Title 3, Chapter 8 of this Code, or by an in-chambers conference attended only by the judge and court reporter and by counsel for the child, for the petitioner, and for the parents. D. Testimony or other evidence relevant to the abuse or neglect of a child or the cause of such condition may not be excluded on any ground of privilege, except in the case of communications between an attorney and his client or communications between a priest, rabbi, duly ordained minister, or Christian Science practitioner and his communicant. Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1.
LA Chil Code art. 1034.1 (2021)
2021 Louisiana Laws|Children's Code|Art. 1034.1. Federal Indian Child Welfare Act inquiry

  A. At the commencement of the hearing, the court shall inquire as to whether the petitioner or any person before the court knows or has reason to know that the child is an Indian child. If no person before the court responds affirmatively, the court may proceed, although it shall instruct each person before the court to inform the court if he subsequently discovers information indicating that the child is an Indian child.  B. In accordance with Article 1034.2, if the court finds that there is reason to know that the child is an Indian child, the court shall immediately proceed pursuant to the federal Indian Child Welfare Act and the regulations promulgated thereunder.  C. If a tribe fails to respond to multiple requests for verification that the child is an Indian child and the court or department has sought the assistance of the Bureau of Indian Affairs in contacting the tribe, the court may make the determination that the child is not an Indian child based on the information it has available and proceed to termination in accordance with this Title.  Acts 2018, No. 296, §1.
LA Chil Code art. 1034.2 (2021)
2021 Louisiana Laws|Children's Code|Art. 1034.2. Reason to know a child is an Indian child; federal Indian Child Welfare Act

  Upon conducting the inquiry required by Article 1034.1, a court has reason to know that a child is an Indian child if any of the following occurs:  (1) A person before the court, an officer of the court involved in the proceeding, an Indian tribe, an Indian organization, or an agency informs the court that the child is an Indian child.  (2) A person before the court, an officer of the court involved in the proceeding, an Indian tribe, an Indian organization, or an agency informs the court that it has discovered information indicating that the child is an Indian child.  (3) The child who is the subject of the proceeding gives the court reason to know that he is an Indian child.  (4) The court is informed that the domicile or residence of the child, the child's parent, or the child's Indian custodian is on a reservation or in an Alaska Native village.  (5) The court is informed that the child is or has been a ward of a Tribal court.  (6) The court is informed that either parent or the child possesses an identification card indicating membership in an Indian tribe.  Acts 2018, No. 296, §1.
LA Chil Code art. 1035 (2021)
2021 Louisiana Laws|Children's Code|Art. 1035. Burden of proof

  A. The petitioner bears the burden of establishing each element of a ground for termination of parental rights by clear and convincing evidence.  B. The parent asserting a mental or physical disability as an affirmative defense to abandonment under Article 1015(5) bears the burden of proof by a preponderance of the evidence.  Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 2017, No. 151, §1, eff. June 12, 2017.
LA Chil Code art. 1036 (2021)
2021 Louisiana Laws|Children's Code|Art. 1036. Proof of parental misconduct

  A. The admissibility of the conviction of a parent is governed by the Code of Evidence.  B. A prior conviction may be proved by certified copy of the judgment of conviction or certified copy of the minute entry of conviction.  C. Under Article 1015(6), lack of parental compliance with a case plan may be evidenced by one or more of the following:  (1) The parent's failure to attend court-approved scheduled visitations with the child.  (2) The parent's failure to communicate with the child.  (3) The parent's failure to keep the department apprised of the parent's whereabouts and significant changes affecting the parent's ability to comply with the case plan for services.  (4) The parent's failure to contribute to the costs of the child's foster care, if ordered to do so by the court when approving the case plan.  (5) The parent's repeated failure to comply with the required program of treatment and rehabilitation services provided in the case plan.  (6) The parent's lack of substantial improvement in redressing the problems preventing reunification.  (7) The persistence of conditions that led to removal or similar potentially harmful conditions.  (8)(a) The parent's failure to provide a negative test result for all synthetic or other controlled dangerous substances, except for any drug for which the parent has lawfully received a prescription, at the completion of a reasonable case plan.  (b) For purposes of this Article, "controlled dangerous substance" shall have the meaning ascribed in R.S. 40:961.  D. Under Article 1015(6), lack of any reasonable expectation of significant improvement in the parent's conduct in the near future may be evidenced by one or more of the following:  (1) Any physical or mental illness, mental deficiency, substance abuse, or chemical dependency that renders the parent unable or incapable of exercising parental responsibilities without exposing the child to a substantial risk of serious harm, based upon expert opinion or based upon an established pattern of behavior.  (2) A pattern of repeated incarceration of the parent that has rendered the parent unable to care for the immediate and continuing physical or emotional needs of the child for extended periods of time.  (3) Any other condition or conduct that reasonably indicates that the parent is unable or unwilling to provide an adequate permanent home for the child, based upon expert opinion or based upon an established pattern of behavior.  E. Under Article 1015(7), a sentence of at least five years of imprisonment raises a presumption of the parent's inability to care for the child for an extended period of time, although the incarceration of a parent shall not in and of itself be sufficient to deprive a parent of his parental rights.  Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 2017, No. 151, §1, eff. June 12, 2017; Acts 2018, No. 237, §1, eff. May 15, 2018.
LA Chil Code art. 1036.1 (2021)
2021 Louisiana Laws|Children's Code|Art. 1036.1. Proof of prior child in need of care judgment, stipulation; record

A. Evidence of a prior adjudication or a parent's prior stipulation that a child is in need of care and an instanter order or disposition judgment removing the child from the parent's custody shall be admissible in proceedings brought under this Title. If the prior adjudication judgment was entered by the same court, it may take judicial notice of its own records. If the prior order or judgment was entered by another court, a certified copy of the order or judgment or certified copy of the minute entry shall be admissible in accordance with the Louisiana Code of Evidence. B. The court record of a prior child in need of care proceeding involving the child who is the subject of the termination proceeding may be introduced into evidence at the hearing on the termination of parental rights. Acts 1997, No. 256, §1.
LA Chil Code art. 1037 (2021)
2021 Louisiana Laws|Children's Code|Art. 1037. Findings and contents of termination judgment; form

A. After final submission, the court shall render its judgment within thirty days. B. When the court finds that the alleged grounds set out in any Paragraph of Article 1015 are proven by the evidentiary standards required by Article 1035 and that it is in the best interests of the child, it shall order the termination of the parental rights of the parent against whom the allegations are proven. The court shall enter written findings on both issues. The consideration of best interests of the child shall include consideration of the child's attachment to his current caretakers. C. The court shall enter into the record a written, signed judgment. The date of the entry of the judgment shall be recorded on the judgment. D. A judgment terminating the parental rights of the parent shall grant custody of the child to the department, a relative who is of the age of majority and who is willing to adopt the child without an adoption subsidy, or other suitable person, in accordance with the best interest of the child. E. A judgment terminating the parental rights of the parent shall inform the parent of his right to use the services of the voluntary registry as provided in Chapter 15 of Title XII, although failure to include such information shall not affect the validity of the termination judgment. F. The judgment shall also certify the child for adoption if, as a result of proceedings pursuant to this Title or Titles XI and XII, the rights of all parents as defined by Article 1193 have been terminated or relinquished. G. A copy of the judgment shall be furnished to all counsel of record and to all unrepresented parties. Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 256, §1; Acts 1999, No. 754, §1; Acts 2003, No. 567, §1.
LA Chil Code art. 1037.1 (2021)
2021 Louisiana Laws|Children's Code|Art. 1037.1. Continuing contact with biological relatives

A. Subsequent to a termination of parental rights judgment when custody is granted to the department, the court may order continuing contact between the child and the parent, sibling, or other biological relative. The court may grant such an order only after it makes finding of fact that continuing contact is in the best interest of the child. The court may receive expert testimony on the issue of continuing contact. B. Any order for continuing contact shall remain in effect until the order is modified in accordance with Paragraph C of this Article, or the final decree of adoption is rendered. C. Any order of continuing contact remains modifiable and shall be reviewed in the subsequent hearings required by Chapter 10 of this Title. Acts 1997, No. 256, §1; Acts 2001, No. 567, §1.
LA Chil Code art. 1038 (2021)
2021 Louisiana Laws|Children's Code|Art. 1038. Effects of termination judgment

A final judgment terminating parental rights relieves the child and the parent against whom the judgment is rendered of all of their legal duties and divests them of all of their legal rights with regard to one another except as provided in Article 1037.1, and except: (1) The right of the child to inherit from his biological parents and other relatives. (2) The right of the child to benefits due him from any third person, agency, state, or the United States based on his status as a child of his biological parents or the rights and benefits that a native American derives from his descent from a member of a federally recognized Indian Tribe. (3) The right of the child to pursue any civil action, other than future child support, against his biological parents. Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1.
LA Chil Code art. 1039 (2021)
2021 Louisiana Laws|Children's Code|Art. 1039. Other dispositions

A. After final submission, the court shall render its judgment within thirty days. B. If the court finds that the alleged grounds are not proven in accordance with the evidentiary standards set forth in Article 1035 or if the court finds that termination of parental rights is not in the best interests of the child, it shall enter written findings on both issues and may: (1) Dismiss the petition. (2) Reinstate the parent to full care and custody of the child. (3) If the child has been previously adjudicated as a child in need of care, reinstate that proceeding pursuant to Title VI. (4) Upon a showing of sufficient facts, adjudicate the child in need of care in accordance with Title VI. (5) Upon a showing of sufficient facts, adjudicate the family in need of services in accordance with Title VII. (6) Make any other disposition that is in the best interest of the child. C. The court shall enter into the record a written judgment, signed by the court. The date of the entry of the judgment shall be recorded on the judgment. D. A copy of the judgment shall be furnished to all counsel of record and to all unrepresented parties. Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2003, No. 567, §1.
LA Chil Code art. 1040 (2021)
2021 Louisiana Laws|Children's Code|Art. 1040. Report

A. Following a judgment terminating all parental rights pursuant to this Title, when the department is the legal custodian of the child, the department shall report to the court in detail concerning the child's permanent placement. B. When the department is not the legal custodian of the child, the petitioner shall report to the court concerning the child's adoptive placement. Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1999, No. 1062, §2, eff. Jan. 1, 2000.
LA Chil Code art. 1041 (2021)
2021 Louisiana Laws|Children's Code|Art. 1041. Registration; department

A. If no permanent placement has been made by the department within ninety days of such a judgment, the child shall be registered by the appropriate child placement agency involved or the state child placement agency with the Louisiana Adoption Resource Exchange within the department. Any such registration shall not include the surname of the child or otherwise reveal the identities of the blood parents of the child. B. The department shall maintain a list of the registered children. Such list shall be updated quarterly and made available to all licensed child placement agencies in the state. Subject to the confidentiality requirements of all adoption matters, the department shall use every reasonable method of effecting a permanent placement. Media presentation of available children and other means of public solicitation for the purpose of matching potential adoptive parents with available children shall be used only in cases involving a child who is difficult to place for adoption, subject to rules and regulations adopted pursuant to the Administrative Procedure Act. Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1999, No. 1062, §2, eff. Jan. 1, 2000.