reglab/housing_qa huggingface dataset:
LA Chil Code art. 759 (2021)
2021 Louisiana Laws|Children's Code|Art. 759. Answer to petition

After the child and his caretaker have been advised pursuant to Article 740, the court shall determine whether each admits or denies the allegations of the petition. (1) If either the caretaker or child denies the allegations, the court shall set the matter for adjudication. (2) If both the child and the caretaker admit that the allegations of the petition are true or stipulate that the family is in need of services, the court shall determine whether there is a factual basis for adjudication and if the child and caretaker consent to adjudication. If so, the court may accept a consent judgment and order a predisposition investigation. Acts 1991, No. 235, §7.
LA Chil Code art. 760 (2021)
2021 Louisiana Laws|Children's Code|Art. 760. Medical, sensory, psychological, and psychiatric examinations

A. On its own motion or on the motion of any party, the court may order any child of the family or the caretaker to be examined by a physician, optometrist, or audiologist. B. On its own motion or on motion of any party, after a contradictory hearing and a showing of good cause, the court may order any child of the family or the caretaker to be examined by a psychologist or a psychiatrist. C. Any examination as herein provided shall be made and the findings submitted to the court within thirty days of the date the order is entered. Such period may be extended by the court for good cause. D. Copies of any reports of findings submitted to the court shall be available to counsel for all parties. Acts 1991, No. 235, §7.
LA Chil Code art. 761 (2021)
2021 Louisiana Laws|Children's Code|Art. 761. Medical treatment of children; costs

A. On its own motion or on the motion of any party, the court may order the caretaker to provide medical or surgical care needed by the child. B. If the caretaker fails to provide such care, the court may order such care or treatment and, after due notice to the caretaker, order him to pay all or part of the expense. Acts 1991, No. 235, §7.
LA Chil Code art. 762 (2021)
2021 Louisiana Laws|Children's Code|Art. 762. Consolidation of hearings

The hearing on the petition to declare the family in need of services may be consolidated with a hearing on a petition to declare a child delinquent or a petition to declare a child in need of care. Acts 1991, No. 235, §7.
LA Chil Code art. 763 (2021)
2021 Louisiana Laws|Children's Code|Art. 763. Motions to dismiss

All objections to the proceedings, including objections based on defects in the petition and defenses capable of determination as a matter of law, may be raised by motion to dismiss. Acts 1991, No. 235, §7.
LA Chil Code art. 764 (2021)
2021 Louisiana Laws|Children's Code|Art. 764. Dismissal of petition

A. For good cause, the court may dismiss a petition on its own motion, or on the motion of the child, the caretaker, or the person filing the petition. B. The court shall dismiss a petition on the motion of the district attorney. Acts 1991, No. 235, §7.
LA Chil Code art. 765 (2021)
2021 Louisiana Laws|Children's Code|Art. 765. Time for setting adjudication hearing

A. If the child is in continued custody pursuant to Chapter 4 of this Title, the adjudication hearing shall commence within thirty days of the appearance to answer the petition. If the child is not continued in custody, the adjudication hearing shall commence within ninety days of the appearance to answer the petition. B. For good cause, the court may extend such period. C. If the hearing has not been commenced timely, upon motion of the child, the court shall release a child continued in custody and may dismiss the petition. Acts 1991, No. 235, §7.
LA Chil Code art. 766 (2021)
2021 Louisiana Laws|Children's Code|Art. 766. Order of adjudication hearing

The court shall determine the order of the presentation of evidence at an adjudication hearing. Acts 1991, No. 235, §7.
LA Chil Code art. 767 (2021)
2021 Louisiana Laws|Children's Code|Art. 767. Presence at adjudication hearing; exclusion of witnesses

A. The child, his caretakers, counsel, the petitioner, the district attorney, authorized officials of the court, and witnesses called by the parties may be present at the adjudication hearing. B. The court may admit any other person who has a proper interest in the proceedings or the work of the court. C. On its own motion the court may, and on the request of a party the court shall, order that the witnesses, other than parties, be excluded from the courtroom or from a place where they can see or hear the proceedings, and refrain from discussing the facts of the case with anyone other than counsel in the case. In the interest of justice, the court may exempt any witness from its order. Acts 1991, No. 235, §7.
LA Chil Code art. 767.1 (2021)
2021 Louisiana Laws|Children's Code|Art. 767.1. Federal Indian Child Welfare Act inquiry

  A. At the commencement of the adjudication 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 767.2, 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 of Children and Family Services 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 adjudication in accordance with this Title.  Acts 2018, No. 296, §1.
LA Chil Code art. 767.2 (2021)
2021 Louisiana Laws|Children's Code|Art. 767.2. Reason to know a child is an Indian child; federal Indian Child Welfare Act

  Upon conducting the inquiry required by Article 767.1, 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. 768 (2021)
2021 Louisiana Laws|Children's Code|Art. 768. Right to present evidence and examine witnesses

The adjudication hearing shall be conducted according to the rules of evidence applicable to civil proceedings. Acts 1991, No. 235, §7.
LA Chil Code art. 769 (2021)
2021 Louisiana Laws|Children's Code|Art. 769. Adjudication by the court

The adjudication hearing shall be held before the court without a jury. Acts 1991, No. 235, §7.
LA Chil Code art. 770 (2021)
2021 Louisiana Laws|Children's Code|Art. 770. Burden of proof

The petitioner shall prove the allegations of the petition by a preponderance of evidence. Acts 1991, No. 235, §7.
LA Chil Code art. 771 (2021)
2021 Louisiana Laws|Children's Code|Art. 771. Adjudication order

A. Following the adjudication, the court shall immediately declare whether the evidence warrants an adjudication that the family is in need of services. In exceptional circumstances, the court may take the matter under advisement. B. If the court finds that the evidence does not warrant an adjudication that the family is in need of services, it shall dismiss the petition. Acts 1991, No. 235, §7.
LA Chil Code art. 772 (2021)
2021 Louisiana Laws|Children's Code|Art. 772. Vacation of adjudication

A. On motion of the child or his caretaker, an adjudication shall be vacated and a new adjudication hearing ordered if, after contradictory hearing, the court finds that: (1) The adjudication was obtained by fraud or mistake sufficient to justify vacating the adjudication. (2) The court making the adjudication lacked jurisdiction. (3) New evidence not previously discoverable by due diligence requires vacating the adjudication in the interest of justice. A motion based upon this ground must be brought within one year of the adjudication. B. In the interest of justice, the court may vacate an adjudication prior to disposition. Acts 1991, No. 235, §7.
LA Chil Code art. 773 (2021)
2021 Louisiana Laws|Children's Code|Art. 773. Predisposition investigation and report

Following adjudication, the court may order a predisposition investigation. The investigation shall include inquiring into the circumstances surrounding the factual allegations of the petition and shall gather the information required by Article 744(B). A written report of the investigation and findings shall be submitted to the court prior to the disposition hearing. Acts 1991, No. 235, §7.
LA Chil Code art. 774 (2021)
2021 Louisiana Laws|Children's Code|Art. 774. Physical and mental examination for disposition

A. Following the adjudication, the court may order such physical and mental examination and evaluation of any child of the family and his caretaker as may be helpful in determining a fair and just disposition. B. After giving the caretaker a reasonable opportunity to be heard, the court may order that he shall contribute to the cost of any court-ordered examination or evaluation in an amount commensurate with his ability to pay. Acts 1991, No. 235, §7.
LA Chil Code art. 775 (2021)
2021 Louisiana Laws|Children's Code|Art. 775. Notice of predisposition report and examination

A. Prior to or during the disposition hearing, the court shall advise the child and his caretaker of the factual contents and the conclusions of the predisposition report authorized by Article 773 and any other reports considered by the court. B. If the court has ordered a mental examination of the child or his caretaker pursuant to Article 774, the court, prior to the disposition hearing, shall provide the counsel for the child and caretaker with copies of reports submitted in connection with such mental examination. C. The court shall afford the child and his caretaker fair opportunity to controvert factual contents and conclusions disclosed pursuant to Paragraphs A and B of this Article. D. A copy of any reports relevant to the dispositional plan of services shall also be provided to any agency named in the disposition order as having responsibility to provide services to the child or his caretaker. Acts 1991, No. 235, §7.
LA Chil Code art. 776 (2021)
2021 Louisiana Laws|Children's Code|Art. 776. Permanency planning reports

A. If at any point in family in need of services proceedings, a child enters the custody of the state, the provisions of Chapters 13, 15, and 16 of Title VI and Article 1004.1 shall be applicable. B. When the Department of Public Safety and Corrections is the custodian, the provisions of Chapter 15 of Title VI shall be applicable only as provided in Article 907 and Article 908(C). Acts 1991, No. 235, §7; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2001, No. 567, §1; Acts 2012, No. 730, §1.
LA Chil Code art. 777 (2021)
2021 Louisiana Laws|Children's Code|Art. 777. Disposition hearing; time; obligation of agency representative

A. Prior to entering a judgment of disposition, the court shall conduct a disposition hearing. B. This hearing may be conducted immediately after the adjudication and shall be conducted within thirty days after the adjudication. Such period may be extended for good cause. C. At the hearing, the court shall inform any employee of a public institution or agency designated by its director to represent the agency in this matter that he will be deemed personally responsible for his agency's cooperation in the providing of services to the family unless in writing, the director of the institution or agency subsequently informs the court that some other individual within its administration is to be substituted for him. Acts 1991, No. 235, §7.
LA Chil Code art. 778 (2021)
2021 Louisiana Laws|Children's Code|Art. 778. Disposition hearing; evidence

The court may consider the report of the predisposition investigation, any reports of mental evaluation, and all other evidence offered by the child, his caretaker or the state relating to the proper disposition. The court may consider evidence which would not be admissible at the adjudication hearing. Acts 1991, No. 235, §7.
LA Chil Code art. 779 (2021)
2021 Louisiana Laws|Children's Code|Art. 779. Dispositional alternatives

A. In any case in which the family has been adjudicated to be in need of services, the court may impose the following orders directly affecting any child of the family: (1) Order the child to submit to counseling or to psychiatric or psychological examination or treatment. (2) Order the child to cooperate in accepting particular services from any public institution or agency or from any private institution or agency willing and able to provide him with needed services. (3) Place the child in the custody of a caretaker or other suitable person on such terms and conditions as deemed in the best interests of the child and the public. (4) Place the child on probation on such terms and conditions as deemed in the best interests of the child and the public. (5) Assign the child to the custody of a private or public institution or agency, except that the child shall not be placed in a correctional facility designed and operated exclusively for delinquent children, nor shall such facility accept the child. (6) Make such other disposition or combination of the above dispositions as the court deems to be in the best interests of the child and the public. B. In any case in which the family has been adjudicated to be in need of services, the court may impose any of the following orders directly affecting a caretaker: (1) Order the caretaker to submit to counseling or to psychiatric or psychological examination or treatment. (2) Order the caretaker to cooperate in accepting particular services from any public institution or agency or from any private institution or agency willing and able to provide him with needed services. (3) Order the caretaker to cooperate in connection with any part of the disposition order directly affecting the child. (4) Impose any other conditions reasonably related to improving the family relationship. (5) Order the caretaker to perform court-approved community service activities. If feasible, the court-approved community service activities shall be conducted by the caretaker and child together. C. In any case in which the family has been adjudicated to be in need of services, the court may order any public institution or agency and its representatives to: (1) Provide any services specified in its order as necessary to improve the family relationships or reunite the family in the best interests of the child, provided only that such services are available within the agency or institution. (2) Report at least once every six months in writing concerning the progress of the family in receiving and accepting the services ordered. Acts 1991, No. 235, §7; Acts 1995, No. 1095, §3; Acts 2010, No. 314, §1.
LA Chil Code art. 780 (2021)
2021 Louisiana Laws|Children's Code|Art. 780. Removal of a child from parental custody or control; limitations; cooperation of state agencies

A. The court shall not remove a child from the custody of his caretakers unless his welfare cannot, in the opinion of the court, be adequately safeguarded without such removal. B. In support of any disposition removing a child from the caretaker's home, the court shall determine whether reasonable efforts have been made by public institutions and agencies 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 return home. C. If a child is assigned to the custody of a public or private institution or agency, the court shall transmit with the judgment of disposition all relevant reports concerning the child and his family. D. Any institution or agency to which a child is assigned shall: (1) Report at least once every six months in writing concerning the whereabouts and condition of the child to the judge who rendered the judgment of disposition. (2) Upon request, provide the court any information concerning the condition, supervision, treatment, or rehabilitation program of the child. E. State agencies shall fully cooperate with any court which has authority with respect to the placement of a child in foster care for the purpose of locating a parent of the child. Such cooperation shall include making available all information obtained from the Federal Parent Locator Service. Acts 1991, No. 235, §7; Acts 2007, No. 334, §1.
LA Chil Code art. 781 (2021)
2021 Louisiana Laws|Children's Code|Art. 781. Disposition; generally

A. The court shall impose the least restrictive disposition which the court finds is consistent with the circumstances of the case, the needs of the child, and the best interest of society. B. If the court commits a child to a private institution or agency, it shall select one that has been licensed under state law, if licensure is required by law for such an institution or agency. C. In committing a child to the custody of an individual or a private agency or institution, the court shall, whenever practicable, select a person, agency, or institution of the same religious affiliation as the child or his parents. D. A child shall not be committed to a public or private mental institution or institution for persons with mental illness unless the court finds, based on psychological or psychiatric evaluation, that the child has a mental disorder, other than an intellectual disability, which has a substantial adverse effect on his ability to function and requires care and treatment in an institution. When the child is in the custody of the state of Louisiana, this finding shall not be made without the representation of the child by an attorney appointed from the Mental Health Advocacy Service, unless such attorneys are unavailable as determined by the director or the child retains private counsel who shall represent only the interest of the child. The Mental Health Advocacy Service's attorney so appointed shall continue to represent the child in any proceeding relating to admission, change of status, or discharge from the mental hospital or psychiatric unit. Upon modification of the disposition to a placement other than a mental hospital or psychiatric unit, the Mental Health Advocacy Service's attorney shall be relieved of representation of the child. E. A child shall not be committed to a public or private institution for persons with intellectual disabilities unless the court finds, based on psychological or psychiatric evaluation, that the child has an intellectual disability and such condition has a substantial adverse effect on his ability to function and requires care and treatment in an institution. Acts 1991, No. 235, §7; Acts 1995, No. 1095, §3; Acts 2014, No. 811, §33, eff. June 23, 2014.
LA Chil Code art. 781.1 (2021)
2021 Louisiana Laws|Children's Code|Art. 781.1. Probation and parole supervision fees

A. When the court suspends the imposition or execution of sentence and places the child or his parent or both on supervised probation or grants the child supervised parole, and the probationer or parolee is to be supervised by the Department of Public Safety and Corrections or any other agency, the court shall order payment, as a condition of probation or parole, of a monthly supervision fee. The supervision fee imposed shall be not less than ten nor more than one hundred dollars per month and shall be payable to the department or other supervising agency to defray the costs of supervision. These funds are only to supplement the level of funds that would ordinarily be available from regular state or other appropriations. B. The parent is responsible for payment of any supervision fee imposed and is subject to contempt of court for failure to pay such fees. The parent shall not be subject to judicial sanctions for failure to pay supervision fees if the failure was due to financial inability to pay based upon reasonable expenses for the necessities of life. Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1995, No. 794, §1.
LA Chil Code art. 782 (2021)
2021 Louisiana Laws|Children's Code|Art. 782. Judgment of disposition

  A. The court shall enter into the record a written judgment of disposition specifying the following:  (1) The nature of the disposition, including the responsibilities of the child, his caretakers, and public providers in securing or providing needed, particularized services for the family members.  (2) The maximum duration of the disposition.  (3) The agency, institution, or person to whom the child is assigned.  (4) How the needed services are to be paid for.  (5) Any other applicable terms and conditions regarding the disposition.  (6) A warning in substantially the following form: "If you do not obey each and every condition and rule of this order, you may be placed in a juvenile shelter or detention facility."  (7) The nature of Families in Need of Services proceedings in accordance with Article 792 and the confidentiality of Families in Need of Services records in accordance with Article 793.  B. If the child is to remain within his family's home, the order shall also reflect the name of the representative of any institution or agency required to provide services who is to be held personally responsible for their provision.  C. An extract of minutes of court specifying the information in Paragraph A of this Article and signed by the court shall be considered a written judgment of disposition.  D. The date of entry of the judgment of disposition shall be recorded on the judgment.  E. A copy of the judgment shall be furnished to all parties.  Acts 1991, No. 235, §7; Acts 1995, No. 1095, §3; Acts 2017, No. 362, §1.
LA Chil Code art. 783 (2021)
2021 Louisiana Laws|Children's Code|Art. 783. Parent's contribution to costs of care and treatment

A. As a part of any judgment of disposition assigning a child to custody other than that of the child's parents, the court may, after giving the parent a reasonable opportunity to be heard, order that such parent contribute to the cost of care of the child in an amount commensurate with the parent's ability to pay for such care. B. When any public agency or institution has provided or will provide payment for care and treatment of the child, the payments by the parent shall be made directly to that public agency or institution and shall, immediately upon receipt, be deposited in the state treasury. In the event of default in the payment of costs of care by the parent, the agency or institution may exercise all administrative and legal alternatives provided by law or regulation to enforce the provisions of this Article. C. When care and treatment of the child is to be provided by some caretaker other than a public agency or institution, the payments by the parent shall be made according to the court's order. In the event of default in the payment of costs of care by the parent, he may be proceeded against as provided by Chapter 2 or 4 of Title XV, Chapter 1 of Title XIII,* or Title X. Acts 1991, No. 235, §7. *AS APPEARS IN ENROLLED BILL. TITLE XIII OF THE CHILDREN'S CODE WAS NOT ENACTED INTO LAW. SEE NOW, GENERALLY, R.S. 14:74 ET SEQ.