reglab/housing_qa huggingface dataset:
LA Chil Code art. 618 (2021)
2021 Louisiana Laws|Children's Code|Art. 618. Protective orders; content; modification; service

A. The court may grant any protective order or approve any consent agreement to bring about a cessation of abuse or neglect of a party, any minor children, or any person alleged to be incompetent, which relief may include but is not limited to: (1) Granting the relief enumerated in Article 617. (2) When there is a duty to support a party, any minor children, or any person alleged to be incompetent living in the residence or household, ordering payment of temporary support or provision of suitable housing for them. (3) Awarding temporary custody of or establishing temporary visitation rights and conditions with regard to any minor children or person alleged to be incompetent. (4) Ordering counseling or professional medical treatment for either the defendant or the abused or neglected person, or both. B. A protective order may be rendered pursuant to this Chapter if the court has jurisdiction over the parties and subject matter and either of the following occurs: (1) The parties enter into a consent agreement. (2) Reasonable notice and opportunity to be heard are given to the person against whom the order is sought sufficient to protect that person's right to due process. C. Any protective order issued within this state or outside this state that is consistent with Paragraph B of this Article shall be accorded full faith and credit by the courts of this state and enforced as if it were the order of the enforcing court. D. On the motion of any party, the court, after notice to the other parties and a hearing, may modify a prior order to exclude any item included in the prior order or to include any item that could have been included in the prior order. E. A protective order made under this Article shall be served on the person to whom the order applies in open court at the close of the hearing, or in the same manner as a writ of injunction. The clerk of the issuing court shall send a copy of the order or any modification thereof to the chief law enforcement official of the parish where the person or persons protected by the order reside. A copy of the protective order shall be retained on file in the office of the chief law enforcement officer as provided herein until otherwise directed by the court. F. Any final protective order or approved consent agreement shall be for a fixed period of time, not to exceed six months, and may be extended by the court, after a contradictory hearing, in its discretion. Such protective order or extension thereof shall be subject to a devolutive appeal only. G, H. Repealed by Acts 2001, No. 567, §3. Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1995, No. 1095, §2; Acts 1997, No. 1156, §1; Acts 1999, No. 1356, §1, eff. July 12, 1999; Acts 2001, No. 567, §3.
LA Chil Code art. 620 (2021)
2021 Louisiana Laws|Children's Code|Art. 620. Oral instanter orders

A. In exceptional circumstances, the facts supporting the issuance of an instanter order and the exceptional circumstances may be relayed orally, including telephonically, to the judge and his order directing that a child be taken into custody or, upon request by the state, that a safety plan order be implemented may be issued orally. B. In such cases, an affidavit containing the information previously relayed orally, including telephonically, shall be filed with the clerk of the court within twenty-four hours and a written order shall be issued. The written order shall include the court's findings of fact supporting the necessity for the child's removal or the implementation of a safety plan order in order to safeguard his welfare and, if the child has been removed, shall determine the child's custodian in accordance with Article 619. C. The affidavit filed after the child has been placed shall indicate whether the child was released to his parents or remains removed. D. The department shall promptly notify the parents or caretaker of the nature of the allegations and, if the child is not released, of the time and place of the continued custody hearing. E. If the court ordered the implementation of a safety plan, the department shall promptly notify the parents or caretaker of the nature of the allegations, the conditions of the safety plan, and the time and place of a continued safety plan order hearing. Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2001, No. 567, §1; Acts 2005, No. 148, §1; Acts 2006, No. 278, §1; Acts 2014, No. 486, §1.
LA Chil Code art. 621 (2021)
2021 Louisiana Laws|Children's Code|Art. 621. Taking child into custody without a court order

A. A peace officer or probation officer of the court may take a child into custody without a court order if he has reasonable grounds to believe that the child's surroundings are such as to endanger his welfare and immediate removal appears to be necessary for his protection. The peace officer shall have the responsibility to promptly notify and release the child to the department. B. Employees of the department must secure an instanter order before taking a child into custody. C. The department may release the child or secure an instanter order. D. The department shall promptly notify the parents or caretaker of the nature of the allegations and, if the child is not released, of the time and place of the continued custody hearing. Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2006, No. 278, §1.
LA Chil Code art. 622 (2021)
2021 Louisiana Laws|Children's Code|Art. 622. Placement pending a continued custody hearing

  A. Prior to the continued custody hearing required in Article 624, a suitable relative or other suitable individual may seek and obtain an ex parte court order to take provisional custody of the child pending the continued custody hearing. The provisions of Code of Civil Procedure Article 3945 are inapplicable to an ex parte order rendered pursuant to this Paragraph.  B. Unless the best interest of the child requires a different placement, a child who appears to be a child in need of care and whose immediate removal is necessary for his protection from further abuse or neglect shall be placed, pending a continued custody hearing, in accordance with this priority:  (1) In the home of a suitable relative who is of the age of majority and with whom the child has been living in a wholesome and stable environment if the relative is willing and able to continue to offer such environment for the child pending an adjudication hearing and if he agrees to the safety plan.  (2) In the home of a suitable relative who is of the age of majority if the relative is willing and able to offer a wholesome and stable environment for the child pending an adjudication hearing and if he agrees to the safety plan.  (3) In the home of a suitable individual who is of the age of majority if he is willing and able to offer a wholesome and stable environment for the child pending an adjudication hearing and if he agrees to the safety plan.  (4) In foster care under the supervision of the department until further orders of the court.  (5) In a shelter care facility if the child, who is not in the custody of the department, has been the victim of human trafficking as provided for in R.S. 14:46.2 or trafficking of children for sexual purposes as provided for in R.S. 14:46.3.  Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 1152, §1; Acts 1999, No. 754, §1; Acts 1999, No. 1317, §2; Acts 2005, No. 148, §1; Acts 2006, No. 278, §1; Acts 2017, No. 376, §1.
LA Chil Code art. 622.1 (2021)
2021 Louisiana Laws|Children's Code|Art. 622.1. Shelter care facility records; access

A. Every juvenile shelter care facility shall maintain a permanent record of certain information as to each child received. The record shall include: (1) The child's name and address. (2) The date and time of the child's entry into the facility. (3) The name of the person who brought the child to the facility. B. The record in which such information is kept shall not be open for public inspection. Peace officers, counsel representing the child or the parents, the district attorney, the department, persons collecting statistical information, and authorized officers of the court shall have access to the record. Acts 2007, No. 334, §1.
LA Chil Code art. 623 (2021)
2021 Louisiana Laws|Children's Code|Art. 623. Notice; right to be heard

A. The department shall give notice of any court hearing regarding the child to his parents and other parties. It shall also give such notice regarding any child in foster care to any foster parent, pre-adoptive parent, and relative providing care. The department shall notify the court of each party's address and shall have a continuing duty to provide current information to the court about each party's whereabouts. B. The notice shall state the date, time, and place of the hearing and inform the recipient of his right to attend and be heard. C. A child twelve years of age or older shall be present in court unless his presence is waived by the court upon motion of the child's counsel. A child below the age of twelve years shall be present in court upon the request of counsel for the child or the court. If the child is present in court, he may choose to testify as to his wishes, and the court shall consider his testimony in the matter. Any testimony given by a child may be taken by a videotaped interview or by closed-circuit television, as authorized by Chapter 8 of Title III 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. If a foster parent, pre-adoptive parent, or relative providing care for the child fails to appear at a hearing, the department shall report to the court whether notice was given or, if not, what diligent efforts were made to locate and notify the absent person. The court may permit the hearing to be held in the person's absence. E. The court shall solicit and consider information regarding the care and treatment of the child from any foster parent, pre-adoptive parent, or relative providing care for the child who appears for the hearing. Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2007, No. 334, §1; Acts 2012, No. 730, §1.
LA Chil Code art. 624.1 (2021)
2021 Louisiana Laws|Children's Code|Art. 624.1. Reason to know a child is an Indian child; federal Indian Child Welfare Act

  A. Upon conducting the inquiry required by Article 624(D), a court has reason to know that a child in a continued custody hearing or other child custody proceeding 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.  B. If the court makes a finding that there is reason to know that the child is an Indian child, the court may enter any order for placement in accordance with Article 627, but the court shall thereafter proceed as if the child is an Indian child.  Acts 2018, No. 296, §1.
LA Chil Code art. 626 (2021)
2021 Louisiana Laws|Children's Code|Art. 626. Grounds for continued custody; reasonable efforts; grounds for continued safety plan

A. The court may authorize continued custody of a child prior to adjudication if there are reasonable grounds to believe the child is in need of care and that continued custody is necessary for his safety and protection. B. Except as otherwise provided in Article 672.1, the court shall determine whether the department has made reasonable efforts as defined in Article 603 to prevent or eliminate the need for removal of the child from his home and, after removal, to make it possible for the child to safely return home. The child's health and safety shall be the paramount concern. These determinations must be supported by findings of fact contained in the continued custody order issued pursuant to Article 627. C. If the department's first contact with the family occurred during an emergency in which the child could not safely remain at home even with reasonable in-home services provided to the family, the department shall be deemed to have made reasonable efforts to prevent or eliminate the need for removal. D. The court may authorize the removal of the child even if the department's efforts have not been reasonable, and may impose such sanctions it deems appropriate pursuant to Article 712. E. The court may authorize, with the consent of the state, continued implementation of a safety plan prior to the adjudication if there are reasonable grounds to believe the child is in need of care and that the continued implementation of the safety plan is necessary for his safety and protection. The safety plan shall continue to set forth conditions as determined or agreed upon by the state as necessary for the protection of the child's health and safety while remaining in the home. Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2001, No. 567, §1; Acts 2014, No. 486, §1.
LA Chil Code art. 627 (2021)
2021 Louisiana Laws|Children's Code|Art. 627. Continued custody order; special provisions; appointments; continued safety plan order

A. Following a hearing, the court may return the child to the parents or, in accordance with Article 622, may place the child in the custody of a suitable relative, other suitable individual, or the department. B. If a child is not returned to the parents, the court shall place the child in the custody of a suitable relative unless the court has made a specific finding that such placement is not in the best interest of the child. The court shall give specific oral and written reasons for its findings, which shall be made a part of the record of the proceeding. C. If the court finds that the child can be safely returned home under a protective order pending adjudication, the court may order return of the child and issue such protective orders as are deemed necessary for the protection and welfare of the child. D. If a protective order is issued or modified, the judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall forward it to the clerk of court for filing, all without delay, and the clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to the Louisiana Protective Order Registry, R.S. 46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where available, as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. E. If the court finds that the child can safely remain in or return to the home with the implementation of a safety plan developed and agreed upon by the state pending adjudication, the court may order compliance with the conditions of the safety plan. F. If the court orders that the child be placed in the custody of a suitable relative or other suitable individual, it shall make a safety plan part of its order. G. The court shall order the appointment of a curator for any parent who is an absentee. The court may order the appointment of a court-appointed special advocate. Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 1152, §1; Acts 1997, No. 1156, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 1999, No. 1317, §2; Acts 2005, No. 148, §1; Acts 2006, No. 278, §1; Acts 2014, No. 354, §1; Acts 2014, No. 486, §1.
LA Chil Code art. 628 (2021)
2021 Louisiana Laws|Children's Code|Art. 628. Informal adjustment agreement

A. Prior to the filing of a petition, and with the consent of the department, if the child is in the custody of the department, the court or district attorney may authorize an informal adjustment agreement or refer the matter to an intake officer as a families in need of services case. B. After the filing of a petition, and with the consent of the department, if a child is in the custody of the department, the court may authorize the district attorney to effect an informal adjustment agreement. The court may dismiss the petition or allow the petition to remain pending during the period of informal adjustment. Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
LA Chil Code art. 629 (2021)
2021 Louisiana Laws|Children's Code|Art. 629. Form of agreement; duration

A. An informal adjustment agreement shall set forth in writing its terms and conditions and shall be signed by the district attorney, the department, if a child is in the custody of the department, the child's parents, the child if twelve years of age or older, and all counsel of record. When a child is in the custody of the department and a petition has been filed, the agreement must be submitted to the court for its consideration. If approved, the court shall sign the agreement and file it in the record. This agreement shall constitute the case plan for services required by this Title. B. When the child is not in the custody of the department, the period of informal adjustment shall not exceed six months; however, the court may extend the agreement for one additional period not to exceed six months with consent of all signatories to the original agreement. C. When a child is in the custody of the department, the period of an informal adjustment agreement shall not exceed three months from the date of the child's entry into foster care; however, the court may extend the agreement for one additional period not to exceed three months with consent of all signatories to the original agreement. Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2001, No. 567, §1.
LA Chil Code art. 630 (2021)
2021 Louisiana Laws|Children's Code|Art. 630. Effect of an agreement

A. An informal adjustment agreement shall not be considered an adjudication. Evidence of such an agreement shall not be admissible in any adjudication hearing or criminal trial. B. An informal adjustment agreement suspends the proceedings on the acts alleged in the child in need of care petition. If any of the terms of the agreement are violated, the case may proceed to an adjudication hearing on the allegations. If the parent satisfies the terms of the agreement, he shall be discharged from further supervision, and the pending complaint or petition shall be dismissed with prejudice. C. An informal adjustment agreement does not suspend the elapse of time authorizing pursuit of termination of parental rights consistent with Title X. Evidence of an agreement and the parent's compliance or lack thereof may be admissible in a certification for adoption proceeding. D. Any incriminating statement made by the parent to the person giving counsel or advice and in the discussions or conferences incident to the informal adjustment agreement shall not be used against the declarant over objection in an adjudication hearing or criminal trial. Any such statement may be used in a disposition hearing in the court or for the purpose of a presentence investigation after a criminal conviction. Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2001, No. 567, §1.
LA Chil Code art. 631 (2021)
2021 Louisiana Laws|Children's Code|Art. 631. Authority to file petition; custody

A. A child in need of care proceeding shall be commenced by petition filed by the district attorney. The Department of Children and Family Services, when authorized by the court, may file a petition if there are reasonable grounds to believe that the child is a child in need of care. B. At any time prior to adjudication, any person, including a relative of the child, may petition the court for the provisional or permanent legal custody of the child. Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 1317, §2; Acts 2010, No. 462, §1, eff. June 22, 2010; Acts 2014, No. 354, §1.
LA Chil Code art. 632 (2021)
2021 Louisiana Laws|Children's Code|Art. 632. Time for filing of petition; child in custody

A. If a child is continued in custody prior to adjudication, or if a protective order is issued, a petition requesting that the child be adjudicated in need of care shall be filed within thirty days of the hearing to determine continued custody. If the child remains in the home and a safety plan order has been issued, a petition requesting that the child be adjudicated in need of care shall be filed within forty-five days of the issuance of the safety plan order. B. Upon a showing of good cause and notice to all parties, the court may grant, deny, or restrict a requested extension of the time for filing a petition in accordance with the best interests of the child. If an extension is granted, the court shall issue a written order reciting the particular facts justifying the extension. C. If no petition is filed within the applicable time period, the child shall be returned to the parent or the safety plan shall automatically be terminated. Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2014, No. 486, §1.
LA Chil Code art. 633 (2021)
2021 Louisiana Laws|Children's Code|Art. 633. Form of petition

A. The petition shall contain a caption setting forth the name of the court and the title of the action. The petition shall be entitled, "The State of Louisiana in the Interest of..." B. Allegations of fact shall be simple, concise, and direct and shall be set forth in numbered paragraphs. As far as practicable, each paragraph shall be limited to a single set of circumstances. Allegations of fact may be made on information and belief. C. Failure to comply with formal requirements of this Article shall not be grounds for dismissal of a petition or invalidation of the proceedings unless it results in substantial prejudice. Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2014, No. 133, §1.
LA Chil Code art. 634 (2021)
2021 Louisiana Laws|Children's Code|Art. 634. Contents of petition

  A. The petition shall set forth with specificity:  (1) The name, date and place of birth, sex, race, and address of the child. If the child is in a foster home, the identification of the parish in which he resides shall suffice for his address.  (2) The name and current address of each parent.  (3) A statement as to whether the petitioner knows or has reason to know that the child is an Indian child and facts that support that statement.  (4) Facts that show the child is a child in need of care, including the acts or omissions of either parent which caused or contributed to the child's condition.  B. If any of the information required by Subparagraph A(1) or (2) is unknown, the petition shall so allege. Any defects in the information required by Subparagraph A(1) shall be considered defects of form.  C. The petition shall conclude with a request that the court adjudicate the child to be a child in need of care.  Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 612, §1; Acts 2018, No. 296, §1.