reglab/housing_qa huggingface dataset:
LA Chil Code art. 845 (2021)
2021 Louisiana Laws|Children's Code|Art. 845. 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 names and addresses of the parents and spouse, if any, of the child. If the parents are not within the state or cannot be located, the name and address of the child's closest adult relative within the state, or, if there be none, the known adult relative residing nearest to the court. (3) Facts which show that the child is a delinquent child. (4) The statute or ordinance which the child is alleged to have violated. B. If the information required by Paragraph A(1) or (2) of this Article is unknown, the petition shall so allege. Any defects in the allegations required by Paragraphs A(1) and (2) of this Article and in the citation of the statute or ordinance required by Paragraph A(4) of this Article shall be considered defects of form. C. Two or more delinquent acts may be charged in the same petition in a separate count for each act if the acts charged, whether based upon felony or misdemeanor offenses, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan. D. The petition shall conclude with a request that the court adjudicate the child to be delinquent. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 846 (2021)
2021 Louisiana Laws|Children's Code|Art. 846. Amendment of petition

  A. The petitioner may amend the petition at any time to cure defects of form, imperfection, omission, or uncertainty.  B. Prior to the adjudication hearing, the petitioner may amend the petition to include new allegations of fact or requests for adjudication.  C. After jeopardy begins pursuant to Article 811, a petition shall not be amended to include new allegations of fact or requests for adjudication.  D. On motion of the child 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 has been prejudiced in his defense upon the merits, the court shall consider all circumstances of the case and the entire course of the prosecution.  Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2021, No 270, §1.
LA Chil Code art. 847 (2021)
2021 Louisiana Laws|Children's Code|Art. 847. Service of petition

A. A copy of the petition and the right to counsel form specified in Article 848 shall be served upon the child. B. A copy of the petition and the right to counsel form specified in Article 848 shall also be served upon every parent whose address is known or can be determined after due diligence. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 848 (2021)
2021 Louisiana Laws|Children's Code|Art. 848. Notice of right to counsel; form

NOTICE RIGHT TO COUNSEL Under the laws of Louisiana, every child accused of delinquency is entitled to have a lawyer to be present and to assist the child to answer the attached petition. A child is entitled to be represented by a lawyer at every stage of proceedings in the juvenile court, including the right to appeal from any judgment of disposition which might be ordered by the court. If the parents of an accused child are completely financially unable to afford to employ a lawyer, the court will appoint a lawyer and the state will pay for his services. If the parents are found to be financially able to afford to employ a lawyer but fail to employ one, the juvenile court may appoint a lawyer for the child and require the parents to pay for the lawyer's services. The financial ability or inability of the parents to employ a lawyer will be determined by the court after a hearing. The court may require the parents to pay for some or all of the costs of lawyer's services on behalf of the child. After consulting with parents or other adult interested in the child's welfare, the child may be permitted by the court to proceed without the assistance of a lawyer. This decision can be made at any time during the proceedings in the juvenile court. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 849 (2021)
2021 Louisiana Laws|Children's Code|Art. 849. Service and return; resident parent

A. If a parent 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 forty-eight hours 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, §8, eff. Jan. 1, 1992.
LA Chil Code art. 850 (2021)
2021 Louisiana Laws|Children's Code|Art. 850. Summons; child and resident parent

A. Except as provided in Paragraph B of this Article, when a delinquency petition involves a child whose parent is a resident, the court shall issue a summons commanding that the child, his parents, and such other persons as the court deems proper appear before the court at a designated time and place. B. In its discretion the court may decline to issue a summons to appear at any hearing for the parents of any child who is eighteen years of age or older. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 851 (2021)
2021 Louisiana Laws|Children's Code|Art. 851. 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, §8, eff. Jan. 1, 1992.
LA Chil Code art. 852 (2021)
2021 Louisiana Laws|Children's Code|Art. 852. Service; nonresident parent

A. If a parent does not reside within this state, service shall be made by personal service or by certified mail to the address indicated in the petition, return receipt requested, not less than five days prior to the 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, §8, eff. Jan. 1, 1992.
LA Chil Code art. 853 (2021)
2021 Louisiana Laws|Children's Code|Art. 853. Effect of nonappearance by a parent

If it appears from the record that the parent has been served in accordance with Article 849 or 852 and summoned to any hearing, or cannot be found, and the parent fails to appear, the hearing may be held in the parent's absence. The court shall appoint counsel for the child. Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2012, No. 730, §1.
LA Chil Code art. 854 (2021)
2021 Louisiana Laws|Children's Code|Art. 854. Appearance to answer petition; time

A. If the petition is filed prior to or during the hearing to determine continued custody, the court may order the child to answer the petition upon completion of the hearing. If not so ordered and the child is continued in custody, he shall be ordered to appear to answer the petition within five days after the filing of the petition. B. In all other cases, the child shall be ordered to appear to answer the petition within fifteen days after the filing of the petition. C. For good cause, the court may extend such period. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 855 (2021)
2021 Louisiana Laws|Children's Code|Art. 855. Advice of rights at appearance to answer

  A. When the child appears to answer the petition, the court shall first determine that the child is capable of understanding statements about his rights under this Code.  B. If the child is capable, the court shall then advise the child of the following items in terms understandable to the child:  (1) The nature of this delinquency proceeding.  (2) The nature of the allegations of the petition.  (3) His right to an adjudication hearing.  (4) His right to be represented by an attorney, his right to have counsel appointed as provided in Article 809, and his right in certain circumstances authorized by Article 810 to waive counsel.  (5) His privilege against self-incrimination.  (6) The range of responses authorized under Article 856.  (7) The possible consequences of his admission that the allegations are true, including the maximum and minimal dispositions which the court may impose pursuant to Articles 897 through 900. In addition, if the child is fourteen years of age or older and the petition charges the child with the perpetration, attempted perpetration, or conspiracy to commit any of the following offenses, the court shall inform the child that, if he admits to allegations of the petition, or the allegations of the petition are found to be true, he may be required to register as a sex offender pursuant to Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950, and the court shall inform the child regarding applicable required registrations and their duration:  (a) Aggravated or first degree rape as defined in R.S. 14:42.  (b) Forcible or second degree rape as defined in R.S. 14:42.1.  (c) Second degree sexual battery as defined in R.S. 14:43.2.  (d) Aggravated kidnapping of a child who has not attained the age of thirteen years pursuant to R.S. 14:44 or 44.2.  (e) Second degree kidnapping of a child who has not attained the age of thirteen years as defined in R.S. 14:44.1.  (f) Aggravated crime against nature defined by R.S. 14:89.1(A)(2) involving circumstances defined by R.S. 15:541 as an aggravated offense.  (g) Aggravated crime against nature as defined in R.S. 14:89.1(A)(1).  Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2010, No. 594, §1; Acts 2014, No. 602, §1, eff. June 12, 2014; Acts 2015, No. 184, §8.
LA Chil Code art. 856 (2021)
2021 Louisiana Laws|Children's Code|Art. 856. Answer to petition

A. After the child has been advised pursuant to Article 855, the court shall inquire how the child responds. The child may: (1) Deny the allegations of the petition, in which case the court shall set the matter for an adjudication hearing. (2) Deny the allegations of the petition and contest the request for adjudication due to insanity as defined in this Title, in which case the court shall not adjudicate the child without a hearing, at which time the child has the burden of establishing this defense. (3) Admit the allegations of the petition, in which case the court shall further inquire to determine whether there is a factual basis for adjudication. If so, the court may then adjudicate the child delinquent. (4) With the court's permission, enter a response of nolo contendere. If, in its discretion, the court accepts such response, the court shall further inquire to determine whether there is a factual basis for adjudication, and it may then adjudicate the child delinquent. B. A child shall plead when called upon to answer. If he stands mute, refuses to plead, or pleads evasively, a denial of the petition shall be entered of record. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 857 (2021)
2021 Louisiana Laws|Children's Code|Art. 857. Transfers for criminal prosecution; authority

  A. The court on its own motion or on motion of the district attorney may conduct a hearing to consider whether to transfer a child for prosecution to the appropriate court exercising criminal jurisdiction if a delinquency petition has been filed which alleges that a child who is fourteen years of age or older at the time of the commission of the alleged offense but is not otherwise subject to the original jurisdiction of a court exercising criminal jurisdiction has committed any one or more of the following crimes:  (1) First degree murder.  (2) Second degree murder.  (3) Aggravated kidnapping.  (4) Aggravated or first degree rape.  (5) Aggravated battery when committed by the discharge of a firearm.  (6) Armed robbery when committed with a firearm.  (7) Repealed by Acts 2001, No. 301, §2.  (8) Forcible or second degree rape if the rape is committed upon a child at least two years younger than the rapist.  B. Notwithstanding any other provision of law to the contrary, a fourteen-year-old who is transferred pursuant to this Article and subsequently convicted shall not be confined for such conviction beyond his thirty-first birthday.  C.(1) An adult who is charged with an offense committed at the time he was a child for which the time limitation for the institution of prosecution pursuant to Code of Criminal Procedure Article 571 has not lapsed and for which he was subject to prosecution as an adult due to his age at the time the offense was committed shall be prosecuted as an adult in the appropriate court exercising criminal jurisdiction. If convicted, he shall be punished as an adult as provided by law.  (2) An adult who is charged with an offense committed at the time he was a child for which the time limitation for the institution of prosecution pursuant to Code of Criminal Procedure Article 571 has not lapsed and for which he was not subject to prosecution as an adult due to his age at the time the offense was committed shall be prosecuted as an adult in the appropriate court exercising criminal jurisdiction. If convicted, he shall be committed to the custody of the Department of Public Safety and Corrections to be confined in secure placement for a period of time as determined by the court not to exceed the maximum amount of confinement he could have been ordered to serve had he been adjudicated for the offense as a child at the time the offense was committed.  Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1994, 3rd Ex. Sess., No. 15, §1; Acts 1994, 3rd Ex. Sess., No. 39, §1; Acts 1997, No. 1137, §1, eff. July 14, 1997; Acts 2001, No. 301, §2; Acts 2008, No. 670, §1; Acts 2010, No. 805, §1; Acts 2015, No. 184, §8.
LA Chil Code art. 858 (2021)
2021 Louisiana Laws|Children's Code|Art. 858. Motion for transfer; notice

  A. On motion of the district attorney, the child, or on its own motion, the court may conduct a transfer hearing. Such motion may be filed at any time following the filing of a delinquency petition but shall be heard prior to the adjudication hearing or acceptance of an admission to the delinquency petition.  B. Notice in writing of the time, place, and purpose of the hearing shall be given to the child and his parents and other custodian, if any, at least ten days before the hearing. In addition, if the petition charges the child with second degree kidnapping, aggravated or first degree rape, or forcible or second degree rape, the court shall inform the child regarding the applicable registration and duration requirements in Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950.  Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2010, No. 594, §1; Acts 2015, No. 184, §8.
LA Chil Code art. 859 (2021)
2021 Louisiana Laws|Children's Code|Art. 859. Conduct of transfer hearing

A. The transfer hearing shall be conducted in accordance with the provisions of Chapter 13 of this Title governing the conduct of an adjudication hearing, except as otherwise provided herein. B. Only such evidence which pertains to the transfer criteria set out in Article 862 may be introduced. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 860 (2021)
2021 Louisiana Laws|Children's Code|Art. 860. Medical, sensory, psychological, and psychiatric examinations

A. On its own motion or on the motion of the child or district attorney, the court may order any child subject to a motion to transfer to be examined by a physician, optometrist, audiologist, psychologist, or psychiatrist. Unless waived by the child, the examination shall not occur until five days after the clerk of court has notified all parties of the examination order. B. Any examination shall be made and the findings submitted to the court within three days of the transfer hearing. This time period may be extended by the court for good cause. C. Copies of any reports of findings submitted to the court shall be made available to counsel for all parties. D. Unless the child has sought the examination or otherwise waives his privilege against self-incrimination, neither testimony about the report nor any of its contents is admissible in an adjudication hearing or later criminal trial, if any, which would violate the child's privilege against self-incrimination. Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2010, No. 594, §1.
LA Chil Code art. 861 (2021)
2021 Louisiana Laws|Children's Code|Art. 861. Access to evidence; reports

A. The child shall have all rights to discovery as provided for in Article 866. B. In addition to the rights to review any report submitted pursuant to Article 860, the child shall have the right to review any report prepared regarding the transfer. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 862 (2021)
2021 Louisiana Laws|Children's Code|Art. 862. Transfer hearing; required findings

A. In order for a motion to transfer a child to be granted, the burden shall be upon the state to prove all of the following:  (1) Probable cause exists that the child meets the requirements of Article 857.  (2) By clear and convincing proof, there is no substantial opportunity for the child's rehabilitation through facilities available to the court, based upon the following criteria:  (a) The age, maturity, both mental and physical, and sophistication of the child.  (b) The nature and seriousness of the alleged offense to the community and whether the protection of the community requires transfer.  (c) The child's prior acts of delinquency, if any, and their nature and seriousness.  (d) Past efforts at rehabilitation and treatment, if any, and the child's response.  (e) Whether the child's behavior might be related to physical or mental problems.  (f) Techniques, programs, personnel, and facilities available to the juvenile court which might be competent to deal with the child's particular problems.  B. The court shall state for the record its reasons for judgment.  C.(1) The court shall transmit the order rendered after the hearing or a certified copy thereof, without delay, to the clerk of court having jurisdiction of the offense.  (2) Any party may request the court to provide a complete or partial transcript of the testimony of the witnesses; however, neither the record of the hearing nor the reasons for the transfer shall be admissible in evidence in any subsequent criminal proceedings, except for the purpose of impeachment of a witness.  Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
LA Chil Code art. 863 (2021)
2021 Louisiana Laws|Children's Code|Art. 863. Effect of transfer order; review

A. An order of transfer terminates the jurisdiction of the court exercising juvenile jurisdiction over the child with respect to the delinquent acts alleged in the petition. The appropriate court exercising criminal jurisdiction shall retain jurisdiction over the case, even though the child pleads guilty to, or is convicted of, a lesser included offense. The plea to, or conviction of, a lesser included offense shall not revest juvenile jurisdiction over such child. B. The decision of the court regarding transfer of the case to the court exercising criminal jurisdiction is only an interlocutory judgment which either the child or the state, or both, have the right to have reviewed summarily by the appropriate court of appeal. Such review shall be by preference. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 864 (2021)
2021 Louisiana Laws|Children's Code|Art. 864. Places of detention; before and after transfer

A. Prior to the entry of a judgment ordering his transfer, the child shall be held in custody only in those places authorized for the preadjudication detention of children as specified in Article 822. B. After the entry of a judgment ordering his transfer, the child shall be held in any facility used for the pretrial detention of accused adults and shall apply to the appropriate court of criminal jurisdiction for a preliminary hearing, bail, and for any other rights to which he may be entitled under the Code of Criminal Procedure. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 865 (2021)
2021 Louisiana Laws|Children's Code|Art. 865. Preadjudication requests for relief; general provisions

A. All motions or other requests for relief prior to the adjudication hearing shall be made by written motion filed within fifteen days after the child or his counsel has appeared to answer the petition. In the interest of justice, the court may allow additional time within which to make or file such motions or may permit such requests to be made by oral motion. B. The motion shall state with particularity the grounds therefor and shall set forth the relief sought. C. A motion may be granted without a contradictory hearing when mover is clearly entitled thereto without supporting proof. A motion shall not be denied without a contradictory hearing unless, assuming the facts alleged to be true, mover is not entitled to relief. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 866 (2021)
2021 Louisiana Laws|Children's Code|Art. 866. Discovery

Discovery shall be as provided in the Louisiana Code of Criminal Procedure. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 867 (2021)
2021 Louisiana Laws|Children's Code|Art. 867. Medical, sensory, psychological, and psychiatric examinations

A. On its own motion or on the motion of the child or district attorney, the court may order any child to be examined by a physician, optometrist, or audiologist. Unless waived by the child, the examination shall not occur until five days after the clerk of court notified all parties of the examination order. B. On motion of the child, the court may order a child concerning whom a petition has been filed, to be examined by a psychologist or a psychiatrist. C. Any examination shall be made and the findings submitted to the court within thirty days of the date the order is entered. This time 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, §8, eff. Jan. 1, 1992; Acts 2010, No. 594, §1.
LA Chil Code art. 868 (2021)
2021 Louisiana Laws|Children's Code|Art. 868. Medical treatment of children; costs

A. On its own motion, or on the motion of the child or the district attorney, the court may order the parent of a child concerning whom a petition has been filed to provide necessary medical or surgical care. B. If the parent fails to provide such care, the court may, after due notice to the parent, order the care and order the parent to pay all or part of the expense. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
LA Chil Code art. 869 (2021)
2021 Louisiana Laws|Children's Code|Art. 869. Insanity plea; appointment of sanity commission

  A. In addition to the provisions of Article 867, when a child contests an adjudication based on his insanity, the court shall appoint counsel in accordance with Article 809(C) and may appoint a sanity commission as provided for in Article 869.1 to make an examination as to the child's mental condition at the time of the offense. The court may also order the commission to examine the child's present mental capacity to proceed.  B. The child has the burden to establish by a preponderance of the evidence that he was insane at the time of the offense.  C. Mental examinations and reports under this Article shall be conducted and filed in conformity with Chapter 7 of this Title.  D. The costs of such court ordered mental examinations shall be paid in accordance with Chapter 3 of Title XXI of the Code of Criminal Procedure.  Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2008, No. 222, §1, eff. June 16, 2008.