reglab/housing_qa huggingface dataset:
LA Chil Code art. 1137 (2021)
2021 Louisiana Laws|Children's Code|Art. 1137. Notice of opposition to adoption by alleged or adjudicated father; time limitations; appointment of counsel for the child; scheduling of hearing; paternity testing

A. An alleged or adjudicated father or his representative, if applicable, may oppose the adoption of his child by filing a clear and written declaration of intention to oppose the adoption. The notice of opposition shall be filed with the court indicated in the notice of filing of surrender within fifteen days after the time he was served with the notice of surrender, or from the time he was served with notice of the filing of an adoption petition in the event that no surrender was executed or filed. B. Upon receipt of the notice of opposition, the court shall appoint an attorney to represent the child, subject to the limitations set out in Article 1121. Neither the child nor anyone purporting to act on his behalf may be permitted to waive this right. The costs of the child's representation shall be taxed as costs of court. C. The court shall set the opposition for contradictory hearing, which hearing shall be held within twenty days of the filing of the opposition. D. Notice of the hearing shall be served in accordance with Articles 1133 and 1134 on the opposing father, the legal custodian, counsel appointed for the child, and the mother of the child through the agency to whom the child was placed or through the attorney who represented the mother in a private surrender unless otherwise waived in the Act of Surrender executed pursuant to Article 1122. E. If paternity is at issue, on its own motion or motion of any party, the court shall issue an order for immediate blood or tissue sampling in accordance with the provisions of R.S. 9:396 et seq. and shall order an expedited report. The hearing resolving this issue shall be held at the earliest time that the results of the testing can be reported to the court. Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 797, §1; Acts 1999, No. 720, §1; Acts 2001, No. 567, §1; Acts 2001, No. 910, §1; Acts 2008, No. 583, §1.
LA Chil Code art. 1138 (2021)
2021 Louisiana Laws|Children's Code|Art. 1138. Hearing of opposition to adoption; establishment of parental rights

A. At the hearing of the opposition, the alleged or adjudicated father must establish his parental rights by acknowledging that he is the father of the child and by proving that he has manifested a substantial commitment to his parental responsibilities and that he is a fit parent of his child. B. Proof of the father's substantial commitment to his parental responsibilities requires a showing, in accordance with his means and knowledge of the mother's pregnancy or the child's birth, that he either: (1) Provided financial support, including but not limited to the payment of consistent support to the mother during her pregnancy, contributions to the payment of the medical expenses of pregnancy and birth, or contributions of consistent support of the child after birth; that he frequently and consistently visited the child after birth; and that he is now willing and able to assume legal and physical care of the child. (2) Was willing to provide such support and to visit the child and that he made reasonable attempts to manifest such a parental commitment, but was thwarted in his efforts by the mother or her agents, and that he is now willing and able to assume legal and physical care of the child. C. The child, the mother of the child, and the legal custodian may offer rebuttal evidence limited to the issues enumerated in Paragraphs A and B of this Article. However, the primary consideration shall be, and the court shall accept evidence concerning, the best interests of the child. D. If the court finds that the alleged or adjudicated father has failed to establish his parental rights, it shall decree that his rights are terminated. E. If the court finds that the alleged or adjudicated father has established his parental rights, the court shall declare that no adoption may be granted without his consent. The court may also order the alleged or adjudicated father to reimburse the department, or the licensed private adoption agency, or other agency, or whoever has assumed liability for such costs, all or part of the medical expenses incurred for the mother and the child in connection with the birth of the child. Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 797, §1; Acts 2001, No. 910, §1.
LA Chil Code art. 1139 (2021)
2021 Louisiana Laws|Children's Code|Art. 1139. Order maintaining opposition; effect on other surrendering parent; service

A. If the court maintains an opposition and declares that no adoption can take place without the consent of the opposing parent, a surrender executed by the other parent of the child shall be dissolved. Any dispute regarding custody shall be heard immediately and determined pursuant to Civil Code Article 245. Evidence of the surrender, now dissolved, shall not be considered evidence of unfitness. B. The order shall be served on the surrendering parent in the manner for service of process provided in civil proceedings. Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2001, No. 910, §1.
LA Chil Code art. 1140 (2021)
2021 Louisiana Laws|Children's Code|Art. 1140. Continuing jurisdiction

The court rendering an order pursuant to this Chapter shall have exclusive, original jurisdiction to modify that order. Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
LA Chil Code art. 1141 (2021)
2021 Louisiana Laws|Children's Code|Art. 1141. Prior clearance on original birth certificate; putative father registry; acknowledgment by authentic act and judgment of filiation

  A. Prior to the entry of any order terminating parental rights pursuant to this Chapter, the attorney for the prospective adoptive parents shall obtain a certified copy of all of the following:  (1) The child's birth certificate.  (2) A certificate indicating the name and address of any person listed with the putative father registry, or a certificate that no registration or listing has occurred, relative to this child.  (3) A certificate from the clerk of court in and for the parish in which the child was born indicating whether any acknowledgment by authentic act or judgment of filiation has been recorded relative to this child.  B. The vital records registry of the office of public health of the Louisiana Department of Health, or its counterpart in any other state, shall, upon request of the attorney for the prospective adoptive parent, provide him with a certified copy of the information in its custody that is required in this Article.  Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2004, No. 26, §1.
LA Chil Code art. 1142 (2021)
2021 Louisiana Laws|Children's Code|Art. 1142. Order declaring parental rights terminated; motion; certificates

  A. If no opposition is timely received by the court, the court shall, upon motion, render an order declaring the rights of the parents terminated.  B. The motion shall be accompanied by a certified copy of the child's birth certificate, a certificate from the putative father registry indicating whether any act of acknowledgment by authentic act has been recorded, and a certificate from the clerk of court in and for the parish in which the child was born indicating whether any acknowledgment by authentic act or judgment of filiation has been recorded relative to this child.  C. Repealed by Acts 2016, No. 434, §4.  D. If any of these certificates identify an alleged or adjudicated father who has not previously been served with notice of the mother's act of surrender, the alleged or adjudicated father shall be served with a copy of the motion to terminate his parental rights and given an opportunity to be heard in accordance with Articles 1132 through 1141 unless any of the following occur:  (1) The alleged or adjudicated father's parental rights have been terminated by a judgment in accordance with Title X.  (2) The alleged or adjudicated father has executed an act of surrender in accordance with this Title.  (3) The alleged or adjudicated father has consented to the child's adoption in accordance with Article 1195.  (4) The alleged or adjudicated father has executed a release of claims in accordance with Article 1196.  Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2016, No. 434, §§1, 4.
LA Chil Code art. 1144 (2021)
2021 Louisiana Laws|Children's Code|Art. 1144. Placement report

A. After filing of a surrender in accordance with the provisions of Article 1131, 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, no later than ninety days after the filing of the surrender, the agency or person to whom the surrender was made shall report in detail to the court concerning the child's adoptive placement and shall have a continuing duty to supplement the report immediately when there is any change in the child's placement prior to the filing of a petition for adoption. The information contained in the report shall include among other relevant issues whether all parental rights have been extinguished, the status of the child's placement in an adoptive home, when the adoption petition is to be filed, and other information that the court may require. Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2001, No. 567, §1.
LA Chil Code art. 1145 (2021)
2021 Louisiana Laws|Children's Code|Art. 1145. Registration

A. If no permanent placement has been made within ninety days after a voluntary surrender to a child care agency, the child shall be registered by the appropriate child placement agency with the Louisiana Adoption Resource Exchange within the office of community resources of the department. B. Any such registration shall not include the surname of the child or otherwise reveal the identities of the blood parents of the child. C. 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. D. 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, §11, eff. Jan. 1, 1992.
LA Chil Code art. 1146 (2021)
2021 Louisiana Laws|Children's Code|Art. 1146. Permanency planning; review hearings; counsel for child

A. If no permanent placement has been made by the department within ninety days after a voluntary surrender to a child care agency, 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 as follows: (1) A review hearing shall be held within ninety days after the filing of a surrender if a petition for adoption has not been filed. The court may waive the hearing if it has received and is satisfied with the placement report required by Article 1144. (2) If the hearing is waived, a review hearing shall be held within ninety days of the initial waiver, unless an updated placement report is accepted by the court, or a petition for adoption has been filed. (3) In any case, a review hearing shall be held within nine months of the filing of the surrender and at least once every six months thereafter until a petition for adoption has been filed or until the court determines that the child is in a permanent placement. (4) The court may schedule such other review hearings as it deems necessary to ensure the permanency of the child's placement. C. Any attorney previously appointed to represent the child shall continue to represent the child in all subsequent review hearings until the child is permanently placed. If no attorney was previously appointed, the court shall appoint an attorney to represent the child for the purpose of facilitating permanent placement by the department. When the department is not the legal custodian of the child, the court may appoint an attorney to represent the child if necessary for the best interest of the child. 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. E. The court, at a permanency review hearing, shall inform the child of the provisions of Chapter 11 of Title X of this Code. Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2001, No. 567, §1; Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2008, No. 436, §1.
LA Chil Code art. 1147 (2021)
2021 Louisiana Laws|Children's Code|Art. 1147. Grounds

No act of surrender shall be subject to annulment except upon proof of duress or fraud, notwithstanding any provision of law to the contrary. Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
LA Chil Code art. 1148 (2021)
2021 Louisiana Laws|Children's Code|Art. 1148. Time limitations; finality

No action to annul a surrender shall be brought for any reason after ninety days from its execution or after a decree of adoption has been entered, whichever is earlier. Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
LA Chil Code art. 1149 (2021)
2021 Louisiana Laws|Children's Code|Art. 1149. Purpose; short title

  A. The purpose of this Chapter is to provide a mechanism whereby any parent may relinquish the care of an infant to the state in safety, anonymity, and without fear of prosecution.  B. This Chapter shall be known and may be cited as the "Safe Haven Law".  Acts 2003, No. 609, §2; Acts 2015, No. 223, §1.
LA Chil Code art. 1150 (2021)
2021 Louisiana Laws|Children's Code|Art. 1150. Definitions

  As used in this Chapter:  (1) "Department" means the Department of Children and Family Services.  (2) "Designated emergency care facility" means any of the following:   (a) Any hospital licensed in the state of Louisiana.  (b) Any of the following medical clinics during normal and customary hours of operation: local or parish public health units, licensed rural health clinics, licensed ambulatory surgical centers, and Federally Qualified Health Centers. Offices, clinics, or other types of treatment facilities, private physicians, or dentists not listed above are not designated emergency care facilities within the meaning of this Subparagraph.  (c) Any manned fire station.  (d) Any manned law enforcement station.  (e) Any Child Advocacy Center accredited by the National Children's Alliance, during normal and customary hours of operation.  (3) "Emergency medical service provider" means a licensed emergency medical service provider, when dispatched as a result of a "911" call from a parent who wishes to relinquish his infant under this Chapter.  (4) "Infant" means a child not previously subjected to abuse or neglect, who is not more than sixty days old as determined within a reasonable degree of medical certainty by an examining physician.  (5) "Relinquish" or "relinquishment" of an infant means to give over possession or control of him by a parent to another in compliance with this Chapter, with the settled intent to forego all parental responsibilities.  Acts 2003, No. 609, §2; Acts 2009, No. 284, §1, eff. July 1, 2009; Acts 2013, No. 186, §1; Acts 2016, No. 80, §3; Acts 2018, No. 134, §1.
LA Chil Code art. 1151 (2021)
2021 Louisiana Laws|Children's Code|Art. 1151. Relinquishment of infants; defense to prosecution

  A.(1) If a parent wishes to relinquish his infant, he may leave the infant in the care of any employee of a designated emergency care facility or in a newborn safety device that meets the specifications provided in Subparagraph (2) of this Paragraph and is physically located inside of a facility which is licensed as a hospital in accordance with the Hospital Licensing Law, R.S. 40:2100 et seq., and has an emergency department that is staffed twenty-four hours per day.  (2) Each newborn safety device shall meet all of the following specifications:  (a) The device has been voluntarily installed by the designated emergency care facility.  (b) The device is installed in a location that ensures the anonymity of the relinquishing parent and has a climate-controlled environment.  (c) The device is installed by a licensed contractor.  (d) The access door to the device locks automatically upon closure when a newborn is in the device.  (e) The supporting frame of the device is anchored so as to align the bed portion of the device directly beneath the access door and prevent movement of the unit as a whole.  (f) The device features a safe sleep environment which includes a firm, flat bassinet mattress and a sheet that fits snugly on and overlaps the mattress and is free of pillows, bumpers, blankets, and other bedding.  (3) Each designated emergency care facility that installs a newborn safety device shall post department-approved signage at the site of the device that clearly identifies the device and provides both written and pictorial instruction to the relinquishing parent to open the access door, place the infant inside the device, and close the access door to engage the lock. The signage shall also clearly indicate all of the following:  (a) The maximum age of an infant who may be relinquished in accordance with this Chapter.  (b) That the child must not have been previously subjected to abuse or neglect.  (c) That by placing an infant in the newborn safety device, a parent is foregoing all parental responsibilities with respect to the infant and is giving consent for the state to take custody of the infant.  B. If the parent is unable to travel to a designated emergency care facility, he may call "911", and a firefighter, a law enforcement officer, or an emergency medical service provider shall immediately be dispatched to meet the parent and transport the child to a hospital, and to ensure that all requirements listed in Article 1152(D) through (I) have been met.  C. Relinquishment of an infant in accordance with this Chapter is not a criminal act of neglect, abandonment, cruelty, or a crime against the child.  Acts 2003, No. 609, §2; Acts 2018, No. 134, §1; Acts 2021, No. 421, §1.
LA Chil Code art. 1153 (2021)
2021 Louisiana Laws|Children's Code|Art. 1153. Medical evaluation of the infant

A. The act of relinquishment constitutes parental consent for the purposes of examining and testing procedures conducted by hospital staff and for the purposes of providing medical treatment and care of the infant. B. A physician shall promptly conduct a comprehensive medical examination and such tests to determine: (1) If the infant suffers from HIV or hepatitis, if suspected. (2) If the infant suffered fetal exposure to alcohol or drugs. (3) If the infant appears to have been abused or neglected. (4) The infant's estimated date of birth, if not previously known. C. The hospital shall forward the infant's birth information to the Bureau of Vital Statistics, for issuance of a birth certificate, unless it is determined that one has already been issued. Unless otherwise known, the infant shall be presumed to have been born in Louisiana. D. Absent evidence of willful or intentional misconduct or gross negligence in carrying out these responsibilities, medical personnel and hospital staff shall be immune from civil and criminal liability in any legal action arising from the hospital's examination, testing, care, and treatment of the infant. Acts 2003, No. 609, §2.
LA Chil Code art. 1154 (2021)
2021 Louisiana Laws|Children's Code|Art. 1154. Safe haven continued custody hearing; instanter order

A. Immediately after notification that an infant has been relinquished, the department shall request an oral instanter order of custody from the court in accordance with Article 620 and shall take physical custody of the infant within twelve hours of notice that the infant is ready to be discharged from the hospital. The department shall exercise due diligence in attempting to identify and locate any non-relinquishing parent, including but not limited to performing a missing children search. B.(1) A hearing shall be held by the court within three days after the infant's entry into the custody of the department. (2) No notice to a parent or other caretaker shall be required. (3) The court shall order the appointment of counsel for the child and may also appoint a CASA volunteer for the child. (4) Hearsay evidence shall be admissible at this hearing. C. At this hearing, the department has the burden to prove all of the following: (1) There are reasonable grounds to believe that the infant has been relinquished to the state for adoption in accordance with this Chapter. (2) There is no evidence that the infant was abused or neglected prior to his relinquishment. D. If the court finds that the department has satisfied the requirements of Paragraph C of this Article and that removal of the child is necessary in order to safeguard his welfare, it shall order continued custody of the infant in the department prior to final entry of an order declaring parental rights terminated and enter a finding that the department is deemed to have made reasonable efforts to prevent or eliminate the need for removal and that reunification efforts are not required. E. If the court determines that the infant was abused or neglected prior to its relinquishment, the court shall direct that a child in need of care investigation be commenced by the department in accordance with Title VI. Acts 2003, No. 609, §2.
LA Chil Code art. 1156 (2021)
2021 Louisiana Laws|Children's Code|Art. 1156. Reclaiming parental rights; time limitations; paternity testing; home study

A. Within thirty days after the relinquishment, a parent who has relinquished an infant may seek to reclaim parental rights by filing in the court in the parish in which the infant was relinquished a motion evidencing a declaration of his intention to retain his parental rights. B. The court shall set the parent's motion for contradictory hearing against the department to be held within twenty days of the filing of the motion. No continuances shall be granted, except in extraordinary circumstances and upon a showing of good cause. C. The court shall issue an order for immediate blood or tissue testing, in accordance with the provisions of R.S. 9:396 et seq., and shall order an expedited report. D. The court shall also order the department to immediately conduct a home study of any parent seeking to reclaim or establish his rights and promptly report to the court concerning its findings. Acts 2003, No. 609, §2.