reglab/housing_qa huggingface dataset:
LA Chil Code art. 912 (2021)
2021 Louisiana Laws|Children's Code|Art. 912. Resolution of grievances while under an order of commitment

A. When committed to the custody of the department of Public Safety and Corrections, a child shall have the right to file a grievance concerning his care, custody, and control and have it resolved pursuant to Louisiana Administrative Code, Section 22:I:325, the administrative remedy procedure. B. Upon exhausting his administrative remedies, any child who is still aggrieved by an adverse decision by the department may seek judicial review of that decision by applying, within thirty days after receipt of the department's decision, to the juvenile court which entered the order of commitment. C. If represented by counsel, the application shall be in the form of a petition. If unrepresented, the child may secure court review by writing a letter to the court outlining the facts of his complaint and the steps he had taken to secure administrative redress of his grievance. D. If the court concludes that all administrative remedies have been exhausted and that the child's grievance appears to have merit, it shall proceed to schedule a contradictory hearing to resolve the grievance. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 913 (2021)
2021 Louisiana Laws|Children's Code|Art. 913. Revocation of probation; procedure; evidence

A. A motion filed to revoke a child's probation shall be accompanied by a supporting affidavit specifying the claimed violations which form the basis of the revocation. The child shall be entitled to a copy of the motion and supporting affidavit. B. Unless the child waives his right, the court shall conduct a contradictory hearing. At this hearing, the child shall be entitled to: (1) The right to confront and cross-examine adverse witnesses. (2) The right to appear in person and to present witnesses in his own behalf. (3) The right to have the state bear the burden of providing by clear and convincing evidence that he violated a condition of his probation which was contained in the order of disposition. C. The hearing may be more informal and summary than an adjudication hearing. Consistent with the child's constitutional rights and the burdens upon the prosecution which full compliance with the Code of Evidence might otherwise entail, the court shall have discretion in the receipt and consideration of proffered evidence. D. An order revoking probation shall comply with the requirements of Article 903. Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1995, No. 1158, §1.
LA Chil Code art. 914 (2021)
2021 Louisiana Laws|Children's Code|Art. 914. Probation violation; sanctions including revocation

A. Except as provided in Paragraph B of this Article, if the court finds that the child has violated a condition of his probation, it may, consistent with the best interests of the child and the public, do any of the following: (1) Reprimand and warn the child. (2) Order that supervision be intensified. (3) Impose additional conditions to the probation. (4) Extend the period of probation, provided the total amount of time served by the child on probation for any one offense shall not exceed the maximum period of probation authorized by Articles 898 and 900. (5) Order that probation be revoked and execute the suspended sentence. B. If the probation violation is the illegal or unlawful possession of a firearm, probation revocation is mandatory, and the child shall be committed to the custody of the Department of Public Safety and Corrections. C. For repeated violations of a judgment of disposition, the court may also find the child in direct or constructive contempt of court and commit him to a juvenile detention center or other licensed facility, provided that the child shall not be physically housed in the same dormitory, room, or area used to house children adjudicated delinquent for behavior other than direct or constructive contempt. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 915 (2021)
2021 Louisiana Laws|Children's Code|Art. 915. Probation revocation; limitations upon restraint

A. When revoking a previous order of probation, the court may reinstate the original suspended or deferred disposition order and commit the child to the Department of Public Safety and Corrections for the term of that order, with credit for any time served in secure detention prior to the revocation hearing and with or without credit for time served on probation, in the discretion of the court. In no event shall the term of commitment exceed the maximum term of imprisonment for the offense forming the basis for the original adjudication. B. When finding a child in direct or constructive contempt of court, commitment for each contempt shall not exceed fifteen days, including time spent in detention for the contempt prior to adjudication for contempt. C. When the conduct alleged as the basis for probation revocation also constitutes a delinquent act, a petition shall be filed and an adjudication hearing scheduled for resolution of the new offense. If the child is adjudicated delinquent on the new petition, the order of disposition may include any sanction authorized by this Title as well as the revocation of the child's probation and imposition of any suspended disposition originally ordered. Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
LA Chil Code art. 916 (2021)
2021 Louisiana Laws|Children's Code|Art. 916. Modification of a mental health commitment

  A. In cases where a child has been committed to the Louisiana Department of Health, office of behavioral health, or private mental institution, or an institution for persons with mental illness, the court may also modify the judgment on motion of the department or superintendent of a private mental institution.  B. In cases in which a child has been adjudicated a delinquent, a judgment of disposition shall not be modified to release a child from the custody of the Louisiana Department of Health, office of behavioral health, or private mental institution or an institution for persons with mental illness without three days prior notice to the district attorney and the department or other institution.  C. Notwithstanding any provisions of law to the contrary, in cases in which a child has not been adjudicated a delinquent and has been found to be insane at the time of the offense, a child shall not be released from the custody of the Louisiana Department of Health, office of behavioral health, or private mental institution, or an institution for persons with mental illness except upon order of the court after motion and contradictory hearing.  Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2014, No. 811, §33, eff. June 23, 2014.
LA Chil Code art. 917 (2021)
2021 Louisiana Laws|Children's Code|Art. 917. Expungement and sealing; generally

  This Chapter provides the exclusive procedure by which records and reports of proceedings under Title VIII of this Code may be expunged and sealed.  Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
LA Chil Code art. 918 (2021)
2021 Louisiana Laws|Children's Code|Art. 918. Grounds

  A. Records and reports of a delinquency matter that did not result in adjudication and records concerning delinquency adjudications for R.S. 14:82, 83.3, 83.4, 89, or 89.2 may be expunged and sealed at any time.  B. Records and reports of a matter that resulted in a finding of Families in Need of Services or an adjudication for any charge other than murder, manslaughter, an offense requiring registration as a sex offender under R.S. 15:542, kidnapping, or armed robbery shall be expunged and sealed only if the court exercising juvenile jurisdiction has ceased to exercise jurisdiction in accordance with Article 313.  C. Records concerning conduct or conditions that resulted in a delinquency adjudication may be expunged and sealed only if all of the following circumstances exist:  (1) The person seeking expungement and sealing has no criminal court felony convictions and no criminal court convictions for misdemeanors against a person involving a firearm.  (2) The person seeking expungement and sealing has no pending indictment or bill of information.  D. If the adjudication was for murder, manslaughter, a sex offense requiring registration under R.S. 15:542, kidnapping, or armed robbery, the child may petition the court for an expungement of his juvenile record when the court has ceased to exercise jurisdiction in accordance with Article 313 and all of the following conditions are met:  (1) Five or more years have elapsed since the person seeking expungement and sealing satisfied the most recent judgment against him.  (2) The person seeking expungement and sealing has no criminal court felony convictions and no criminal court convictions for misdemeanors against a person involving a firearm.  (3) The person seeking expungement and sealing has no pending indictment or bill of information.  Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2012, No. 446, §6; Acts 2017, No. 362, §1.
LA Chil Code art. 919 (2021)
2021 Louisiana Laws|Children's Code|Art. 919. Procedure for expungement and sealing; motions; order

  A. A person may move for the expungement and sealing of his records and reports.  B. The motion for expungement and sealing shall be substantially in the form provided in Article 925 and shall state facts that constitute grounds for expungement and sealing under Article 918.  C. The motion for expungement and sealing shall be filed with the court possessing the records and reports, or with the court exercising juvenile jurisdiction over the arresting agency.  D. The motion shall be served personally or by domiciliary service, or by United States mail or electronic means, on the district attorney, the clerk of the court whose records and reports are sought to be expunged and sealed, and the head of any agency whose records and reports are sought to be expunged and sealed, including but not limited to the Federal Bureau of Investigation, the Louisiana Bureau of Criminal Identification and Information, the Department of Public Safety and Corrections, office of juvenile justice, and local law enforcement agencies.  E. Any person or agency that objects to the granting of the motion for a matter that resulted in a delinquency adjudication for a misdemeanor offense or for a felony offense shall file an affidavit of response in the form provided in Article 926, and a contradictory hearing shall be conducted with the district attorney and any agency whose records and reports are sought to be expunged and sealed.  F. If the court finds that the grounds have been established and that the person is entitled to expungement and sealing, the court shall order expungement and sealing.  Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
LA Chil Code art. 920 (2021)
2021 Louisiana Laws|Children's Code|Art. 920. Order of expungement and sealing; court records

  A. An order for the expungement and sealing of juvenile court records and reports shall be in the form provided in Article 925 and, except as otherwise provided by law, shall require that the clerk of court expunge and seal all records and reports relating to the conduct or conditions referred to in the motion for expungement and sealing, including pleadings, exhibits, reports, minute entries, correspondence, and all other documents.  B. References, documents, recordings, or other materials shall be expunged and sealed. Under no circumstances may any expunged and sealed information be released.  C. The court may maintain a confidential record, such as a minute entry, of the fact of an adjudication. This information may be released only upon written motion of a court exercising criminal jurisdiction over the person whose record is sought and then only for the purposes authorized by the Code of Criminal Procedure.  Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
LA Chil Code art. 921 (2021)
2021 Louisiana Laws|Children's Code|Art. 921. Order of expungement and sealing; agency records

  A. An order for the expungement and sealing of juvenile records and reports shall be in the form provided in Article 925 and shall require that both of the following occur:  (1) Except as otherwise provided by law, all officials, agencies, institutions, boards, systems, and law enforcement offices, and their employees, agents, and consultants, expunge and seal all records and reports, in any form, and any other photographic, fingerprint, DNA, or any other information of any kind and all kinds or descriptions relating to the conduct or conditions referred to in the motion for expungement and sealing.  (2) All agencies and law enforcement offices file with the court an affidavit to the effect that such records and reports have been expunged and sealed and that no notation or references have been retained in any central depository which will or might lead to the inference that any record or report ever was on file with that agency or law enforcement office. A copy of the affidavit of expungement and sealing shall be retained by the court.  B. The order shall state that the expungement and sealing is to be effected no later than thirty days from the date of the order. The order shall also specify the limitations on information that may be maintained in accordance with this Article.  C. An order for expungement and sealing shall be served in the manner provided for service of the motion on both the district attorney and the head of each agency whose records or reports are to be expunged and sealed.  D. A copy of the order of expungement and sealing may be maintained by the custodian of records and reports of the agency or office. However, the custodian shall not disclose to anyone the fact that such order is maintained or that the expunged and sealed records or reports previously existed except upon written order of the court.  Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
LA Chil Code art. 922 (2021)
2021 Louisiana Laws|Children's Code|Art. 922. Expungement and sealing order; effect

  A. Except for the limited purposes stated in Articles 920 and 921, upon an order of expungement and sealing, the records and reports expunged and sealed and the underlying conduct and conditions are considered nonexistent and shall not be made available to any person. No person whose juvenile records and reports have been expunged and sealed shall be required to disclose to any person that he was arrested or adjudicated or that the records and reports of arrest or adjudication have been expunged and sealed.  B. A child that is the subject of an expunged record or the child's parent shall not be found guilty of perjury or otherwise giving false statements by reason of the child's failure to recite or acknowledge his expunged record in response to any inquiry made of the child or the child's parent for any purpose. However, if the child is a witness in a criminal or juvenile delinquency matter, the child may be ordered to testify regarding his expunged record.  Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
LA Chil Code art. 923 (2021)
2021 Louisiana Laws|Children's Code|Art. 923. Expungement and sealing of adjudications involving human trafficking victims

  A. A motion to set aside an adjudication pursuant to the provisions of this Article, may be filed and served upon the district attorney at any time following an adjudication of delinquency and completion of the disposition relating thereto involving the offenses of prostitution pursuant to R.S. 14:82, prostitution by massage pursuant to R.S. 14:83.3 or 83.4, or crime against nature by solicitation pursuant to R.S. 14:89.2 when the child's participation in the offense was a result of having been a victim of human trafficking under R.S. 14:46.2 or a victim of a severe form of trafficking under the federal Trafficking Victims Protection Act (22 U.S.C. 7101 et seq.).  B. The motion shall be in writing, shall describe the supporting evidence with particularity, and shall include copies of any documents showing that the child is entitled to relief under this Article.  C. The motion shall not be denied without a contradictory hearing unless it appears on the face of the motion that, as a matter of law, the child is not entitled to the relief sought.  D. The court shall grant the motion if the court finds by a preponderance of the evidence that the violation was a result of the child having been a victim of human trafficking. Documentation of a child's status as a victim of human trafficking provided by a federal, state, or local government agency shall create a presumption that the child's adjudication was obtained as a result of having been a victim of human trafficking. However, such documentation shall not be required to grant a motion under this Article.  E. If the motion is granted, the court shall order the expungement and sealing of the record and report of the juvenile proceedings including all records and files related to the child's arrest, citation, investigation, charge, delinquency proceedings, adjudication, and probation for the offense.  Acts 2013, No. 429, §3, eff. June 24, 2013; Acts 2017, No. 362, §1.
LA Chil Code art. 924 (2021)
2021 Louisiana Laws|Children's Code|Art. 924. Fees

  A. No court costs or fees shall be allowed against any party to a proceeding for an expungement and sealing.  B. The court may waive all or any part of any other fees or costs associated with the expungement and sealing and shall waive those fees and costs upon finding that the applicant is indigent.  C. Notwithstanding any provision of law to the contrary, a child who has successfully completed a juvenile drug court program operated by a court of this state shall be exempt from payment of any processing or filing fees or other costs associated with the expungement and sealing of his related juvenile records and reports.  Acts 2017, No. 362, §1.
LA Chil Code art. 926 (2021)
2021 Louisiana Laws|Children's Code|Art. 926. Affidavit of response form

  The following form shall be used for filing an affidavit of response to a motion for expungement and sealing in accordance with Article 919: AFFIDAVIT OF RESPONSE  Pursuant to Children's Code Article 919, the Respondent agency or office, ____________________, acknowledges the following: { } No Opposition. Respondent has no opposition to the motion and respectfully consents to waiver of the contradictory hearing. { } Opposition to the Motion of Expungement and Sealing with Reasons. Respondent respectfully requests a contradictory hearing.  As grounds for its objection, the Respondent asserts as follows: { } The court is still exercising jurisdiction. { } The adjudicated offense was for murder, manslaughter, an offense requiring registration as a sex offender under R.S. 15:542, kidnapping, or armed robbery and therefore a hearing is required by law. { }The adjudication was for a felony offense, and the applicant has an adult felony conviction. { }The adjudication was for a felony offense, and the applicant has an adult conviction for a misdemeanor against a person involving a firearm. { }The adjudication was for a felony offense, and the applicant has a pending indictment or bill of information filed against him. Respectfully submitted, _________________________________________ Name of Respondent/Signature of Attorney   _________________________________________ Address   _________________________________________ City/State/Zip   _________________________________________ Phone   PLEASE SERVE:   Parish of____________________    District Attorney______________    Clerk of Court_____________________   Sheriff______________________   Bureau of Criminal Identification and Information   Attn: Expungements   7919 Independence Blvd.   Baton Rouge, Louisiana 70806   and    _________________________________ ______________________________  Name of Agency Name of Agency    _________________________________ ______________________________ Attn:Attn:    _________________________________ _____________________________ AddressAddress    _________________________________ ______________________________  City/State/Zip City/State/Zip  Acts 2017, No. 362, §1.
LA Chil Code art. 951 (2021)
2021 Louisiana Laws|Children's Code|Art. 951. Purpose

The purpose of this Title is to facilitate and expedite proceedings involving minor traffic offenses. The intent of this Title is to recognize both the state's strong interest in protecting the public safety through the imposition of reasonable regulations on the operation of motor vehicles and the due process rights of children accused of traffic violations. Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
LA Chil Code art. 952 (2021)
2021 Louisiana Laws|Children's Code|Art. 952. General applicability

Except as otherwise specified in this Title, all provisions of the Children's Code remain applicable. Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
LA Chil Code art. 953 (2021)
2021 Louisiana Laws|Children's Code|Art. 953. Scope of traffic jurisdiction

Traffic violation means any violation of a statute or ordinance regulating traffic, except the following criminal offenses: (1) Vehicular homicide. (2) Vehicular negligent injuring. (3) Unauthorized use of a movable. (4) Operating a vehicle while intoxicated. (5) Reckless operation of a vehicle. (6) Hit and run driving. Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
LA Chil Code art. 954 (2021)
2021 Louisiana Laws|Children's Code|Art. 954. Traffic violations adjudicated on citation; petition not required

In cases of traffic violations, a petition is not required. The child may be summoned to appear and the case may be instituted with a uniform traffic citation. The citation shall describe in general terms the nature of the violation. The citation or summons may direct the child to bring a parent with him when he appears. Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
LA Chil Code art. 955 (2021)
2021 Louisiana Laws|Children's Code|Art. 955. Traffic violations; referral to juvenile traffic referee

The court may, by local rule, refer cases of traffic violations to a juvenile traffic referee for adjudication and disposition. Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
LA Chil Code art. 956 (2021)
2021 Louisiana Laws|Children's Code|Art. 956. Authority of juvenile traffic referee

A. A juvenile traffic referee shall have the authority including but not limited to the following: (1) To administer oaths. (2) To compel the attendance of witnesses and issue subpoenas. (3) To take testimony. (4) To make a record of the hearing. B. The referee's exercise of control over traffic proceedings through punishment for contempt of court shall be limited to the following: (1) The referee may make a recommendation to any judge of the court exercising juvenile jurisdiction that the child be charged with a direct or constructive contempt of court, as otherwise governed by Chapter 2 of Title XV. (2) Failure to comply with a subpoena, without reasonable excuse, proof of service of which appears of record, constitutes a direct contempt of the court which issued the subpoena. The referee may order the witness attached and brought to court forthwith or on a designated day. If an order of attachment is issued, it may be executed in any parish by the sheriff of the parish from which the attachment was issued, or by the sheriff of the parish where the witness is found. Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
LA Chil Code art. 957 (2021)
2021 Louisiana Laws|Children's Code|Art. 957. Appointment of counsel

The juvenile court or traffic referee may appoint an attorney to represent the child whenever appointment of counsel is required in the interests of justice. Acts 1991, No. 235, §9, eff. Jan. 1, 1992.