reglab/housing_qa huggingface dataset:
LA Chil Code art. 740 (2021)
2021 Louisiana Laws|Children's Code|Art. 740. Advice of rights

  A. At the continued custody hearing, the court shall advise the parents and the child, in terms understandable by the child, of:  (1) The nature of the proceedings.  (2) The nature of the allegations.  (3) The informal family services plan procedure.  (4) The right to an adjudication hearing.  (5) The right to retain and be represented by an attorney.  (6) The nature of Families in Need of Services proceedings as set forth in Article 792 and the confidentiality of Families in Need of Services records as set forth in Article 793.  B. If a petition seeking a formal adjudication is filed, the court shall appoint independent legal counsel for the child, or refer the child for representation by the district public defender. Neither the child nor anyone purporting to act on his behalf may be permitted to waive this right. If the court finds that the parents of the child are financially able, it may order the parents to pay some or all of the costs of the child's representation.  C. If a petition seeking a formal adjudication is filed, the court shall also advise the child of his privilege against self-incrimination.  Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1; Acts 1999, No. 1317, §3; Acts 2007, No. 307, §9; Acts 2017, No. 362, §1.
LA Chil Code art. 741 (2021)
2021 Louisiana Laws|Children's Code|Art. 741. Grounds for continued custody

The court may authorize the continued custody of a child prior to adjudication if there are reasonable grounds to believe that the child is in need of services and that continued custody is necessary for his protection or control. Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.
LA Chil Code art. 742 (2021)
2021 Louisiana Laws|Children's Code|Art. 742. Place of continued custody

  A. Following the hearing required by Article 739, the court shall order the least restrictive preadjudication placement consistent with the child's need for protection or control as authorized by Article 737(A)(1) through (3).  B. The court may detain the child in a secure detention facility for up to twenty-four hours, excluding weekends and holidays, only for the purpose of providing adequate time to arrange for an appropriate non-secure alternative placement in accordance with Article 737 pending the adjudication hearing.  C. If appropriate, the court may also enter orders for evaluation or treatment in accordance with Article 737(B) and (C).  Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1; Acts 2017, No. 362, §1.
LA Chil Code art. 812 (2021)
2021 Louisiana Laws|Children's Code|Art. 812. Taking child into custody

A. A child may be taken into custody pursuant to an order of the court under this Title or pursuant to the laws governing arrest. B. The taking of a child into custody is not an arrest, except for the purpose of determining its validity under the Constitution of the United States or the Constitution of Louisiana. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 813 (2021)
2021 Louisiana Laws|Children's Code|Art. 813. Taking child into custody with a court order; filing of verified complaint; execution

A. The court may issue an order directing that a child be taken into custody upon presentation to the court of a written statement of facts sworn to before an officer authorized by law to administer oaths, by a peace officer, probation officer, district attorney, or other person designated by the court alleging facts showing that there is probable cause to believe either that: (1) The child has committed a delinquent act. (2) The child has violated the terms of his probation or otherwise has violated the terms of his release. B. The verified complaint shall be filed with the clerk of court. If it is filed after the child has been taken into custody, the complaint shall indicate whether the child was released to his parents or continued in custody. C. An order directing that a child be taken into custody may be executed by a peace officer or the child's probation officer having territorial jurisdiction over the child. The officer shall promptly notify the child's parents that their child has been taken into custody. The officer shall also promptly conduct the child to the appropriate facility in accordance with Article 815. Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1995, No. 1158, §1.
LA Chil Code art. 815.1 (2021)
2021 Louisiana Laws|Children's Code|Art. 815.1. Alternative to detention programs

  A. Each judicial district or parish may develop a program or programs to serve as alternatives to secure detention of a child. Such program shall be used only for a child taken into custody for the commission of a delinquent act who is not released pursuant to Article 814.  B. An alternative to detention program may be operated either by a nonprofit or government entity.  C. There shall be no fees associated with participation in an alternative to detention program. Funding may be provided by any source, including through a contract with the office of juvenile justice. Any program funded by the office of juvenile justice shall comply with any requirements established by the office of juvenile justice for the purpose of receiving and retaining such funding.   D. An alternative to detention program shall be considered a form of detention and the time periods set forth in Articles 854 and 877 shall apply unless waived by the child. No child shall remain enrolled in an alternative to detention program following a disposition hearing, except as an alternative to placement in detention or other out-of-home placement.  E. An alternative to detention program is intended to serve the same limited purpose as secure detention as set forth in R.S. 15:1110. The child's participation in an alternative to detention program shall not be considered an adjudication nor shall it suspend delinquency proceedings. An alternative to detention program may include rehabilitative components, but continued participation in the program shall not be required post-adjudication, except as an alternative to detention of the child or other out-of-home placement. Placement of a child in an alternative to detention program does not preclude the child from being referred to treatment programs that are not required as a condition of the child's release from detention.  Acts 2019, No. 147, §1.
LA Chil Code art. 816 (2021)
2021 Louisiana Laws|Children's Code|Art. 816. Record of detention center; access

A. Every juvenile detention center shall maintain a permanent record of certain information as to each child received. The record shall include: (1) The child's name, age, sex, race, and address. (2) The reason the child is being taken into custody. (3) The date and time of the child's entry into and exit from the juvenile detention center. (4) The name of the officer and the law enforcement agency employing the officer who brings the child to the juvenile detention center. B. The record in which such information is kept shall not be open for public inspection. Peace officers, probation officers, counsel representing the child, the district attorney, persons collecting statistical information, and authorized officers of the court shall have access to the record. Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
LA Chil Code art. 817 (2021)
2021 Louisiana Laws|Children's Code|Art. 817. Release from custody

  A. As soon as practicable after a child is received by a juvenile detention center or shelter care facility, the court or an individual or entity authorized by the court to make the determination, shall, upon determining it to be appropriate, release the child to the care of his parents or other relatives upon their written promise to bring him to court at such times as may be fixed by the court. The court may also impose reasonable restrictions upon the child's travel, place of abode, association with other people, or employment during the period of this release.  B. If the court finds that these conditions are insufficient to assure the presence of the child at later proceedings, the court may require the posting of bail in accordance with Chapter 6 of this Title.  C. If the court finds that release under neither Paragraph A or B of this Article is appropriate, it may authorize the continued custody of a child pending a hearing in accordance with Chapter 5 of this Title.  D. If custody is continued, an appropriate representative of the arresting agency shall be responsible for transporting the child to the adjudication or dispositional hearing, or both, and transporting the child back to the juvenile detention center or to such state or local facility as determined by the court through its order or judgment or disposition.  Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2019, No. 147, §1.
LA Chil Code art. 818 (2021)
2021 Louisiana Laws|Children's Code|Art. 818. Identification procedures

A. A child may be photographed or fingerprinted in connection with being taken into custody for the commission of either: (1) A felony-grade delinquent act. (2) A misdemeanor-grade delinquent act. B. Upon motion of the district attorney, the court in its discretion can order any child to submit to other reasonable identification procedures, such as to provide handwriting exemplars or to stand in a lineup. C. Fingerprints and photographs taken pursuant to Paragraph A of this Article shall be maintained and indexed separately from those of adults. They shall be made available only to law enforcement and correctional agencies for purposes related to their official functions. Fingerprints taken pursuant to Paragraph A of this Article shall be submitted to the central fingerprint repository maintained by the Louisiana Bureau of Criminal Identification and Information as specified under R.S. 15:590 et seq., and to the fingerprint repository, if any, maintained by the local law enforcement agency. Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 1078, §1; Acts 2008, No. 641, §1; Acts 2009, No. 158, §1.
LA Chil Code art. 743 (2021)
2021 Louisiana Laws|Children's Code|Art. 743. Mandatory conference

A. Except in emergencies or where the court determines it to be inappropriate, the court, its officer, or any person it designates shall convene a conference to be attended by the child, his parents or other legal custodian, and representatives of any public institution or agency having legal responsibility or discretionary ability to supply services to the family, which according to the petition are needed. B. This conference may be held at any time before or after a petition is filed but shall be held before any appearance to answer is made. Acts 1991, No. 235, §7.
LA Chil Code art. 744 (2021)
2021 Louisiana Laws|Children's Code|Art. 744. Informal family services plan agreement

A. After any preadjudication conference, the child, his caretakers, and any service provider may effect an informal family services plan agreement. B. An informal family services plan agreement shall include: (1) The identification of the conduct of the child, caretaker, or any family member which is causing serious harm to the child and the services needed by that individual to mitigate or eliminate the problems within the family unit. (2) A description of the services which are needed for the child, his caretakers, or other family members, the availability of such services within the community, and a plan for ensuring that any such services that are available will be secured and delivered. (3) A description of all expected action to be taken by the child, his caretakers, or other family members. (4) The name of the person within the affected public service agency who is directly responsible for assuring that the informal family services plan agreement is implemented. (5) An estimate of the time anticipated to be necessary in order to accomplish the goals set out in the agreement. C. An informal family services plan agreement shall set forth in writing the terms and conditions agreed to by the parties. It shall be signed by the convenor of the informal adjustment conference and all parties. D. The informal family services plan agreement must demonstrate that the child and his caretakers understand their right to an adjudication hearing on their need for services. It must also demonstrate that they consent to its terms with knowledge that their consent is not obligatory and with knowledge of the effect of the agreement as set out hereinafter in Article 745. E. The duration of the informal family services plan agreement shall not exceed six months; however, the court may extend the agreement for one additional period not to exceed six months. F. If a petition has been filed, the informal family services plan agreement shall be filed in the record. Acts 1991, No. 235, §7; Acts 1992, No. 705, §1, eff. July 6, 1992.
LA Chil Code art. 745 (2021)
2021 Louisiana Laws|Children's Code|Art. 745. Effect of informal family services plan agreement; confidentiality

A. An informal family services plan agreement shall not be considered an adjudication. Evidence of the existence of such an agreement shall not be used against the child, the caretaker, or other family member over objection in any adjudication hearing or criminal trial. Such evidence may, however, be used in a disposition hearing in the juvenile court or for the purpose of a presentence investigation after a criminal conviction. B. An informal family services plan agreement suspends the proceedings on the conduct alleged in a family in need of services complaint or petition. If any of the terms of the agreement are violated, the case may proceed to an adjudication hearing on the allegations. If the child, caretaker, or other family member satisfies the terms of the agreement, he shall be discharged from further services or supervision, and the pending complaint or petition shall be dismissed with prejudice. C. Any incriminating statement made by the child, caretaker, or other family member during discussions or conferences incident to the informal family services plan agreement shall not be used against the declarant, over objection, in an adjudication hearing or criminal trial. Any such statement may be reported as the basis for a referral to the local child protection unit of the Department of Children and Family Services in accordance with Article 610, if it causes the intake officer to believe that a child's physical or mental health or welfare is endangered by abuse or neglect. Any such statement may be used in a disposition hearing in the juvenile court or for the purpose of a presentence investigation after a criminal conviction. Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1; Acts 2001, No. 567, §1.
LA Chil Code art. 746 (2021)
2021 Louisiana Laws|Children's Code|Art. 746. Authority to file petition

If there are reasonable grounds to believe that the family is in need of services, a family in need of services proceeding shall be commenced by a petition filed by the district attorney or any other attorney authorized by the court. Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.
LA Chil Code art. 747 (2021)
2021 Louisiana Laws|Children's Code|Art. 747. Time for filing of petition; child in custody

A. If a child is continued in custody prior to adjudication, a petition requesting that the family be adjudicated in need of services shall be filed within thirty days of the hearing to determine continued custody. B. Upon motion and good cause shown, the time for filing a petition may be extended by the court. C. If no petition is filed within the applicable time period, the child shall be returned to the parent. Acts 1991, No. 235, §7.
LA Chil Code art. 748 (2021)
2021 Louisiana Laws|Children's Code|Art. 748. 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, §7; Acts 2014, No. 133, §1.
LA Chil Code art. 749 (2021)
2021 Louisiana Laws|Children's Code|Art. 749. Contents of petition

  A. The petition shall set forth with specificity:  (1) The name, date, and place of birth, sex, race, address, and present location of the child.  (2) The name, age, sex, race, and current address of the child's parents and caretakers.  (3) The name, age, sex, and race of any other family members living within the child's home.  (4) The name of any public institution or agency having the responsibility or ability to supply services alleged to be needed by the family.  (5) A statement as to whether the child is currently under the supervision of any state or local entity, including but not limited to, the Department of Children and Family Services or the Department of Public Safety and Corrections, youth services, or the office of juvenile justice.  (6) 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.  B. If any of the information required by Paragraph A of this Article is unknown, the petition shall so allege. Any defects in the allegations required by Paragraph A of this Article shall be considered defects of form. The petitioner shall inform the court if he subsequently discovers information indicating that the child is an Indian child.  C. The petition shall aver one or more of the grounds set out in Article 730.  D. The petition shall also aver that all available and appropriate attempts to encourage voluntary use of community services by the family have been exhausted.  E. The petition shall conclude with a request that the court intervene to adjudicate the family to be in need of services.  Acts 1991, No. 235, §7; Acts 2012, No. 660, §1; Acts 2018, No. 296, §1.
LA Chil Code art. 750 (2021)
2021 Louisiana Laws|Children's Code|Art. 750. Amendment of petition

  A. Without leave of court, the court's designate may amend the petition at any time prior to the adjudication hearing to add new names of agencies or institutions having the legal responsibility to provide services to the family or to delete the names of agencies or institutions named in the original petition.  B. The petitioner may amend the petition at any time to cure defects of form, imperfection, omission, or uncertainty.  C. Prior to the adjudication hearing, the petitioner may amend the petition to include new allegations of fact or requests for adjudication.  D. Prior to the adjudication hearing, the petitioner may dismiss the family in need of services petition and instead file a petition which alleges delinquency pursuant to Title VIII of this Code or that a child is in need of care pursuant to Title VI of this Code.  E. On motion of the child or parent that he has been prejudiced in his defense on the merits by defect of form, imperfection, omission, or uncertainty, the court may grant a continuance for a reasonable time. In determining whether the child or parent has been prejudiced in his defense upon the merits, the court shall consider all circumstances of the case and the entire course of the proceedings.  Acts 1991, No. 235, §7; Acts 2021, No. 270, §1.
LA Chil Code art. 751 (2021)
2021 Louisiana Laws|Children's Code|Art. 751. Service of petition

A copy of the petition shall be served upon any member of the family who is alleged to be in need of services and upon any public institutions or agencies identified in the petition as providing these services. Acts 1991, No. 235, §7.
LA Chil Code art. 752 (2021)
2021 Louisiana Laws|Children's Code|Art. 752. Service and return; resident caretaker

A. If a caretaker resides within the state, service shall be made personally or by domiciliary service or by certified mail as soon as possible and not less than fifteen days prior to commencement of the adjudication hearing on the matter. B. The person effecting service shall execute a return and, if service was made by certified mail, the return receipt shall be attached thereto. Acts 1991, No. 235, §7.
LA Chil Code art. 753 (2021)
2021 Louisiana Laws|Children's Code|Art. 753. Summons; resident caretaker

A. When any petition involves a child whose caretaker is a resident of this state, the court shall issue a summons commanding that the child, his caretaker, and such other persons as the court deems proper appear before the court at a designated time and place. B. If the petition identifies a public agency having the responsibility or ability to provide services needed by any family member, a summons shall also be served upon the director of the agency or any employee designated by the director to the court to receive notice of family in need of services petitions. Acts 1991, No. 235, §7.
LA Chil Code art. 754 (2021)
2021 Louisiana Laws|Children's Code|Art. 754. Failure to appear as summoned

If a properly served person fails to appear in response to a summons, the court may order that such person be taken into custody and immediately brought before the court. Acts 1991, No. 235, §7.
LA Chil Code art. 755 (2021)
2021 Louisiana Laws|Children's Code|Art. 755. Service; nonresident caretaker

A. If a caretaker does not reside within this state, service shall be made by certified mail to the address indicated in the petition, return receipt requested, not less than fifteen days prior to commencement of the adjudication hearing on the matter. B. The person effecting the service shall file the return receipt as proof of service. Acts 1991, No. 235, §7.
LA Chil Code art. 756 (2021)
2021 Louisiana Laws|Children's Code|Art. 756. Appearance to answer petition; time

A. If no informal family services plan agreement has been made, the court shall require the child, the child's caretaker, or other family member served with the petition to appear to answer the petition at any time prior to the adjudication hearing but no later than forty-five days after the filing of the petition. B. The court may also permit the parties to stipulate that the family is in need of services. C. If the petition is filed prior to or during the hearing to determine continued custody, the court may order any party to answer the petition upon completion of the hearing or permit the entry of a stipulation that the family is in need of services. Acts 1991, No. 235, §7.
LA Chil Code art. 757 (2021)
2021 Louisiana Laws|Children's Code|Art. 757. Stipulation; consent to judgment

With the consent of the petitioner and district attorney, any party may stipulate that the family is in need of services, with or without admitting the allegations of the petition, provided that: (1) The person so stipulating personally appears before the court unless absent with the court's approval. (2) The court fully informs the person of rights, if any, as required by Article 740. (3) The court fully informs the person of the consequences of such a stipulation. (4) The person knowingly and voluntarily consents to the judgment. Acts 1991, No. 235, §7.
LA Chil Code art. 758 (2021)
2021 Louisiana Laws|Children's Code|Art. 758. Advice of rights at appearance to answer petition

If an appearance to answer the petition is required, the court shall advise the child and the child's caretaker of their rights pursuant to Article 740, unless they were so advised at a previous hearing. Acts 1991, No. 235, §7.