reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:398. Applicability to criminal actions

RS 9:398 - Applicability to criminal actions
This part shall apply to criminal cases subject to the following limitations and provisions:
(1) An order for the tests shall be made only upon application of a party or on the court's initiative;
(2) The compensation of the experts shall be paid by the parish of the party's domicile under order of court;
(3) The court may direct a verdict of acquittal upon the conclusions of all the experts under the provisions of R.S. 9:397.3(D), otherwise the case shall be submitted for determination upon all the evidence.
Acts 1972, No. 521, §6.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:398.1. Award of attorney's fees in actions to establish paternity

RS 9:398.1 - Award of attorney's fees in actions to establish paternity
When the court renders judgment in favor of a party seeking to establish paternity, it shall, except for good cause shown, award attorney's fees costs to the prevailing party. However, the provisions of this Section shall not apply to compensation of expert witnesses and recovery of blood or tissue testing costs in accordance with R.S. 9:397.1.
Acts 1991, No. 854, §2; Acts 1992, No. 407, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:398.2. Petition for order to submit to blood or tissue tests prior to bringing filiation action

RS 9:398.2 - Petition for order to submit to blood or tissue tests prior to bringing filiation action
A.(1) Notwithstanding any other provision of law to the contrary, the husband of the mother, prior to filing an action of disavowal of a child born or conceived during his marriage to the mother and prior to the expiration of the time required to file an action of disavowal, may petition a court of proper jurisdiction and venue for an order directing the mother, child, and petitioner to submit to the collection of blood or tissue samples, or both, for determination of paternity for the purpose of exercising rights relating to the child. The filing of the petition suspends the period for bringing the disavowal action for a period of one year from the date the petition is filed.
(2) Notwithstanding any other provision of law to the contrary, the alleged biological father of a child born outside of marriage, prior to filing any action to establish filiation of the child, may petition a court of proper jurisdiction and venue for an order directing the mother, child, and petitioner to submit to the collection of blood or tissue samples, or both, for determination of paternity for the purpose of exercising rights relating to the child.
B. The petition authorized in Paragraphs (1) and (2) of Subsection A of this Section shall name the mother as defendant and shall allege specific facts tending to prove the relationship or the circumstances of any physical relationship with the mother, or facts tending to prove paternity, and other facts necessary to establish the jurisdiction and venue of the court.
C. The court, after contradictory hearing, may order the parties to submit to blood or tissue samples, or both, and direct that inherited characteristics in the samples, including but not limited to blood and tissue type, be determined by appropriate testing procedures as provided in this Part.
D. If the court issues an order directing blood or tissue tests, or both, the provisions of R.S. 9:397 through 397.2 and 397.3(A) and (B) shall be applicable to the selection and compensation of experts, payment of testing costs, establishment of chain of custody, filing of test results in the court record, and authority of the court to order additional tests if it finds there has been a procedural error in the administration of the tests.
E. The court shall not make a determination of paternity based on the test results and conclusions of the experts filed in the record; however, the test results shall be admissible in any subsequent action filed by any of the parties relating to filiation of the child.
F. The provisions of this Section shall not in any manner affect the status of a child whose legal father is the husband of the mother who does not timely disavow paternity of the child nor affect any right that a child may have to file an action of filiation as provided by law.
Acts 1995, No. 1206, §1; Acts 2004, No. 26, §5; Acts 2006, No. 344, §4, eff. June 13, 2006.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:399. Establishment of child support; interim order during proceeding; final order following judgment of paternity

RS 9:399 - Establishment of child support; interim order during proceeding; final order following judgment of paternity
A. In a proceeding for the determination of paternity and upon motion of any party, the court presiding over the paternity issue shall issue an order of interim child support if there is clear and convincing evidence of paternity on the basis of genetic testing or other evidence susceptible of independent verification or corroboration.
B. If no interim child support was ordered pursuant to Subsection A of this Section, a judgment for final child support rendered against a defendant who has acknowledged paternity after a paternity suit has been filed or has been adjudged in a suit to establish paternity to be the parent of the child for whom support is ordered shall be effective from the date on which the paternity suit was filed. In the event the court finds good cause for not making the award retroactive to the date of the filing of the paternity suit, the court may make the award retroactive to a date subsequent to the filing of the paternity suit, but in no event shall the award be fixed later than the date of the rendition of the paternity judgment. Any monetary support provided by the judgment debtor, from the date the petition for support is filed to the date the final support order is issued to or on behalf of the person for whom support is ordered, may be credited to the judgment debtor against the amount of the judgment.
Acts 1985, No. 376, §1; Acts 1997, No. 1247, §1, eff. July 1, 1997.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:399.2. Effect of paternity on pregnancy-related medical expenses

RS 9:399.2 - Effect of paternity on pregnancy-related medical expenses
A. The biological mother of a child may institute an action against the biological father of the child to recover fifty percent of documented out-of-pocket pregnancy-related medical expenses. The biological mother may institute the action if the father has executed an authentic act of acknowledgment or after the paternity of the child has been proven upon proof by clear and convincing evidence as provided in Part I-A of this Chapter.
B. Only the following out-of-pocket pregnancy-related medical expenses may be recovered by the biological mother from the biological father:
(1) Actual medical expenses, including hospital, testing, nursing, pharmaceutical, travel, or other expenses, incurred by the biological mother for prenatal care and those medical expenses incurred by the biological mother and child incident to birth.
(2) Any additional expense authorized by order of the court upon a specific finding that the expense is reasonable and necessary.
C. The action to prove paternity for reimbursement of pregnancy-related expenses by the biological mother shall be instituted within a peremptive period of two years from the day of the birth of the child.
Acts 2023, No. 439, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:400. Putative father registry

RS 9:400 - Putative father registry
A. The Louisiana Department of Health, office of public health, shall establish a putative father registry which shall record the names and addresses of the following:
(1) Any person adjudicated by a court of this state to be the father of the child.
(2) Repealed by Acts 2006, No. 344, §7, eff. June 13, 2006.
(3) Any person adjudicated by a court of another state or territory of the United States to be the father of an out of wedlock child, where a certified copy of the court order has been filed with the registry by such person or any other person.
(4) Any person who has filed with the registry an acknowledgment by authentic act.
(5) Repealed by Acts 2004, No. 26, §15.
(6) Any person who has filed with the registry a judgment of filiation rendered by a court which recognizes a father as having, either formally or informally, acknowledged a child born outside of marriage and in which the father is adjudged the parent of the child.
B. A person filing a declaration to claim paternity of a child or an acknowledgement of paternity shall include therein his current address and shall notify the registry of any change of address pursuant to procedures prescribed by rules and regulations of the Louisiana Department of Health, office of public health.
C. A declaration to claim paternity of a child may be introduced in evidence by any party, other than the person who filed such notice, in any proceeding in which such fact may be relevant.
D. The Louisiana Department of Health, office of public health, shall, upon request, provide the names and addresses of persons listed with the registry to any court or authorized agency, and such information shall not be divulged to any other person, except upon order of a court for good cause shown.
E. The Louisiana Department of Health, office of public health, shall promulgate all rules and regulations necessary to carry out the purposes of this Part.
Acts 1989, No. 361, §1; Acts 1993, No. 634, §2, eff. June 15, 1993; Acts 2004, No. 26, §§5, 15; Acts 2006, No. 344, §§4 and 7, eff. June 13, 2006; Acts 2013, No. 220, §2, eff. June 11, 2013.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:401. Disavowal action under Civil Code Article 186; parties

RS 9:401 - Disavowal action under Civil Code Article 186; parties
A. A person who will be presumed to be the father under Civil Code Article 186 if the plaintiff obtains a judgment of disavowal shall be made a party to the disavowal action and shall be served with process.
B. If the person cannot be served, an attorney shall be appointed to represent him.
Acts 2006, No. 344, §4, eff. June 13, 2006.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:402. Effect of disavowal action on prior child support order

RS 9:402 - Effect of disavowal action on prior child support order
A judgment of disavowal terminates existing child custody and visitation orders in favor of the husband or former husband. The judgment also terminates the obligation to pay child support and revokes any court order enforcing that obligation. However, it does not affect any child support payment or arrearages paid, due, or owing prior to the date the disavowal action was filed.
Acts 2006, No. 344, §4, eff. June 13, 2006.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:402.1. Effect of three-party acknowledgment; alternative to disavowal; child support order

RS 9:402.1 - Effect of three-party acknowledgment; alternative to disavowal; child support order
The execution of a three-party acknowledgment pursuant to Civil Code Article 190.1 terminates the obligation to pay child support by the husband or former husband and revokes any court order enforcing that obligation. However, it does not affect any child support payment or arrearages paid, due, or owing prior to the date the three-party acknowledgment was executed.
Acts 2020, No. 266, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:403. Mother's contestation action; procedure

RS 9:403 - Mother's contestation action; procedure
A. The mother of the child is the proper party plaintiff and her former husband and present husband are proper party defendants in the contestation action provided for in the Civil Code.
B. The hearing may be closed to the public.
C.(1) A judgment rendered in favor of the mother terminates existing child custody and visitation orders. However, the former husband in extraordinary circumstances may be granted reasonable visitation if the court finds it is in the best interest of the child in accordance with the Civil Code.
(2) A judgment rendered in favor of the mother terminates the obligation of the former husband to pay child support and revokes any court order enforcing that obligation.
(3) A judgment does not affect any child support payment or arrearages paid, due, or owing prior to the date the contestation action was filed.
D. An appeal from a judgment in the contestation action may only be taken within thirty days from the applicable date in accordance with Code of Civil Procedure Article 2087(A). The appeal shall suspend the execution of the judgment.
Acts 2006, No. 344, §4, eff. June 13, 2006.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:404. Father's paternity action; time period; exception

RS 9:404 - Father's paternity action; time period; exception
The peremptive periods in Civil Code Article 198 shall apply to the Department of Children and Family Services when providing services in accordance with 42 U.S.C. 666.
Acts 2006, No. 344, §4, eff. June 13, 2006.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:405. Legal effect of acknowledgment

RS 9:405 - Legal effect of acknowledgment
In child support, custody, and visitation cases, the acknowledgment of paternity by authentic act is deemed to be a legal finding of paternity and is sufficient to establish an obligation to support the child and to establish visitation without the necessity of obtaining a judgment of paternity.
Acts 2006, No. 344, §4, eff. June 13, 2006.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:407. Uncontested paternity proceedings; proof by affidavit; adoption of court rules

RS 9:407 - Uncontested paternity proceedings; proof by affidavit; adoption of court rules
The court vested with jurisdiction may provide, by local rule, that in uncontested proceedings to establish paternity, proof may be submitted by affidavit.
Acts 2015, No. 260, §3, eff. Jan. 1, 2016.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:408. Filiation and paternity proceeding; parties

RS 9:408 - Filiation and paternity proceeding; parties
The child's mother, any man who would be presumed to be the father under Civil Code Article 185, and the biological father, if known, shall be joined in a filiation or paternity proceeding, except that joinder is not required of a person whose parental rights have been terminated, or who is deceased, or whose joinder is determined otherwise not to be feasible.
Acts 2016, No. 309, §2; Acts 2020, No. 266, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:409. Filiation judgment; notice

RS 9:409 - Filiation judgment; notice
A. Before rendition of any filiation judgment, including a judgment of disavowal of paternity, contestation and establishment of paternity, filiation, or paternity, that includes an order to amend a birth certificate, the mover shall send a copy of the pleadings, if any, and the proposed judgment to the state registrar by United States mail or electronic means. If the state registrar is of the opinion that the proposed order to amend the birth certificate is not in conformity with law, he may object to the order on that basis, provided he does so within thirty days of receipt of the pleadings and proposed judgment, after which the court shall rule on the merits of the objection. In the absence of any objection by the state registrar, the court shall grant the order if the mover is so entitled.
B. Nothing in this Section shall prohibit the state registrar from complying with a judgment ordering the amendment of a birth certificate when the order meets all legal requirements except the notification required by Subsection A of this Section.
Acts 2016, No. 434, §2.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:422.1. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.

RS 9:422.1 - REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:422.2. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.

RS 9:422.2 - REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:422.3. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.

RS 9:422.3 - REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:422.4. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.

RS 9:422.4 - REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:422.5. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.

RS 9:422.5 - REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:422.6. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.

RS 9:422.6 - REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:422.7. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.

RS 9:422.7 - REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:422.8. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.

RS 9:422.8 - REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:422.9. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.

RS 9:422.9 - REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:422.10. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.

RS 9:422.10 - REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:422.11. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.

RS 9:422.11 - REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:422.12. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.

RS 9:422.12 - REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:422.13. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.

RS 9:422.13 - REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:422.14. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.

RS 9:422.14 - REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:422.15. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.

RS 9:422.15 - REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:424.1. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.

RS 9:424.1 - REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:424.2. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.

RS 9:424.2 - REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:440.1. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.

RS 9:440.1 - REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:461. Effect of adult adoption by stepparent

RS 9:461 - Effect of adult adoption by stepparent
In an adoption in accordance with the first paragraph of Civil Code Article 212, if the adoptive parent is married to a parent of the adopted child at the time of the adoption or was married to a parent at the time of the death of the parent, the relationship of that parent and his relatives to the adopted child shall remain unaltered and unaffected by the adoption.
Acts 1983, No. 68, §1; Acts 1984, No. 822, §1; Acts 1985, No. 171, §1; Acts 1988, No. 124, §1, eff. Jan. 1, 1989; Acts 2008, No. 351, §3, eff. Jan. 1, 2009.
NOTE: See Acts 1988, No. 124, §3.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:462. Adult adoption; effective date of adoption

RS 9:462 - Adult adoption; effective date of adoption
Notwithstanding the general provisions of Civil Code Article 214, if the act of adult adoption is filed within five days, exclusive of legal holidays, after the date of the last signature required for validity of the act, the adoption shall be effective as of the date of the last signature.
Acts 2008, No. 351, §3, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:463. Adult adoption; recordation

RS 9:463 - Adult adoption; recordation
A. An act of adult adoption executed in accordance with the first paragraph of Civil Code Article 212 shall be filed for registry with the clerk of court of any parish. If court authorization is required by the second paragraph of Civil Code Article 212, the judgment with the act of adoption shall be filed for registry with the clerk of court of any parish.
B. The clerk shall record the acts of adoption in the conveyance records. Within two business days of filing the act of adoption, the clerk shall transmit to the Louisiana Department of Health, office of public health, vital records registry, such information as may be required by the rules of the department for indexing the adoption. The vital records registry shall index the adoption under the name of the adoptive parent or parents and the person being adopted and shall make reference to the day of filing and the parish where the original act of adoption is recorded. The failure of the clerk or the department to comply with the provisions of this Subsection does not affect the adoption.
Acts 2008, No. 351, §3, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:464. Adult adoption; birth certificate

RS 9:464 - Adult adoption; birth certificate
If the person who is adopted in an adult adoption was born in a state which requires a court order prior to issuing a new birth certificate, upon petition of the parent, parents, or the person adopted, a court of proper jurisdiction may grant a judgment recognizing the adoption based upon the authentic act of adoption without further proceedings. In this case, the validity and civil effects of the authentic act of adoption are not affected by the court order and shall continue to be governed by the applicable laws.
Acts 2008, No. 351, §3, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:571. Actions between parent, person having parental authority, or tutor and child

RS 9:571 - Actions between parent, person having parental authority, or tutor and child
A. No parent may sue his unemancipated minor child. No other person having parental authority over the minor may sue him.
B. An unemancipated minor may not sue any person having parental authority over him.
C. An unemancipated minor may not sue his tutor. The tutor may not sue the minor.
Added by Acts 1960, No. 31, §3; eff. Jan. 1, 1961; Acts 2015, No. 260, §3, eff. Jan. 1, 2016.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:572. Person having parental authority; acts that may be performed without court approval

RS 9:572 - Person having parental authority; acts that may be performed without court approval
A person having parental authority may perform the following acts without court approval:
(1) Alienate any movable property of the minor if the sum to be received does not exceed fifteen thousand dollars.
(2) Encumber any property of the minor as security for his obligation if the secured obligation does not exceed fifteen thousand dollars.
(3) Compromise a cause of action of the minor if the sum or value of the property to be paid or received does not exceed fifteen thousand dollars, excluding court costs, attorney fees, and other expenses.
(4) Make usual or customary donations of the corporeal, movable property of the minor, if the value of the minor's property transferred by the donation does not exceed one thousand dollars and the minor's property donated without court approval during parental authority does not exceed a total of fifteen thousand dollars.
(5) Obligate the minor if the obligation does not exceed fifteen thousand dollars.
Acts 1999, No. 524, §1; Acts 2015, No. 260, §3, eff. Jan. 1, 2016.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:575. Abused parent or grandparent; domestic abuse assistance

RS 9:575 - Abused parent or grandparent; domestic abuse assistance
A parent or grandparent who is being abused by an adult child or adult grandchild may file a petition in the district court seeking protection pursuant to the laws governing domestic abuse assistance, R.S. 46:2131 et seq.
Acts 1993, No. 402, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:601. Parent's appointment of tutor when spouse insane

RS 9:601 - Parent's appointment of tutor when spouse insane
If one of the parents is an interdict or notoriously insane, the other may appoint a tutor to the minor children as in the case of the father or mother dying last; however, if the interdicted or notoriously insane parent should be restored to reason, this tutorship by will shall be vacated.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:602. Tutor, under tutor, curator, under curator; family meeting dispensed with

RS 9:602 - Tutor, under tutor, curator, under curator; family meeting dispensed with
The judge shall act, without the convocation of a family meeting, in all matters pertaining to the appointment, recognition, or confirmation of all tutors, under tutors, curators, or under curators for minors or interdicts.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:603. Absentee minor or interdict not represented; special representation to effect sale

RS 9:603 - Absentee minor or interdict not represented; special representation to effect sale
When it is desired to sell the whole property in which a minor or interdict owns an undivided interest, or the undivided interest of a minor or interdict in property, and the minor or interdict is an absentee and not represented by a tutor or curator residing in the state, the court having jurisdiction of the property may appoint, on the petition of any co-owner, a tutor or curator and an under tutor or under curator to serve under oath without bond to represent the absentee in the proceedings. A foreign tutor, curator, or guardian who has been recognized as provided in Article 4431 or 4556 of the Code of Civil Procedure may represent the minor or interdict under this section.
Amended by Acts 1960, No. 31, §2; eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:651. §§651 to 653 Repealed by Acts 1960, No. 31, §7, eff. Jan. 1, 1961

RS 9:651 - §§651 to 653 Repealed by Acts 1960, No. 31, §7, eff. Jan. 1, 1961
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:671. §§671 to 674 Repealed by Acts 1960, No. 31, §7, eff. Jan. 1, 1961

RS 9:671 - §§671 to 674 Repealed by Acts 1960, No. 31, §7, eff. Jan. 1, 1961
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:675. Validating provision

RS 9:675 - Validating provision
Any person or corporation holding or claiming immovable property the title to which is based on a private sale of minor's property under the provisions of Louisiana Act No. 209 of 1932* in which proceeding the written concurrence of the under-tutor was filed in lieu of the issuance of a rule nisi, shall after sixty days from July 26, 1950, be quieted in said title insofar as the failure to obtain a rule nisi in said proceeding is concerned, unless within said period of sixty days, proceedings to annul said private sale of minor's property are instituted, and said title thereafter shall be deemed good and merchantable for all purposes and against all persons including minors and interdicts.
Acts 1950, No. 495, §1.
* See R.S. 9:603, 9:671-9:674 [repealed 1960] 9:691-9:693 [repealed 1952].
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:731. Sale or lease of right of way

RS 9:731 - Sale or lease of right of way
The tutor of a minor or the curator of an interdict may sell or lease a right of way over, across, and through lands owned in whole or in part by his ward in the manner provided by the applicable provisions of Articles 4268, 4271, 4341 and 4566 of the Code of Civil Procedure, for any legitimate purpose including, but not limiting the generality of, irrigation canals, drainage canals, navigation canals, railroads, roads, highways, tramways, power and communication lines, and pipe lines for water, oil, gas, and other hydro-carbon substances.
Amended by Acts 1950, No. 281, §1; Acts 1960, No. 31, §1; eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:732. Ratification of sale during minority of person afterwards interdicted

RS 9:732 - Ratification of sale during minority of person afterwards interdicted
The curator of an interdict may ratify, under Article 4566, and by proceeding in accordance with Article 4271, of the Code of Civil Procedure, any sale made on behalf of his ward while the latter was a minor, if the sale was one which could have been made legally at that time and was made by order of a court of competent jurisdiction. Sales so ratified are as valid and binding upon the interdict and his heirs as if such sales had been authorized and conducted validly.
Amended by Acts 1960, No. 31, §1; eff. Jan. 1, 1961.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:733. Purchase of federal bonds and debentures by tutors and curators

RS 9:733 - Purchase of federal bonds and debentures by tutors and curators
Federal farm loan bonds issued by federal land banks, debentures issued by federal intermediate credit banks, and debentures issued by banks for cooperatives may be purchased by tutors of minors and by curators of interdicts and absentees with funds under their management or control.
Amended by Acts 1958, No. 201, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:734. Investment of funds

RS 9:734 - Investment of funds
Tutors of minors and curators of interdicts may invest the funds of their wards by depositing them at interest in savings accounts or on time deposit in banks domiciled in this state, in amounts not exceeding the amounts insured under the Acts of Congress by the Federal Deposit Insurance Corporation or insured under any other Act of the Congress of the United States.
Acts 1952, No. 292, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:735. §§735 to 742 Repealed by Acts 1987, No. 469, §2, eff. Jan. 1, 1988.

RS 9:735 - §§735 to 742 Repealed by Acts 1987, No. 469, §2, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:751. Definitions

RS 9:751 - Definitions
As used in this Subpart:
(1) "Adult" means an individual who has attained the age of twenty-two years.
(2) "Benefit plan" means an employer's plan for the benefit of an employee or partner.
(3) "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.
(4) "Court" means a court of competent jurisdiction in the parish of the domicile of the minor.
(5) "Custodial property" means any interest in property transferred to a custodian under this Subpart and the income from and proceeds of that interest in property.
(6) "Custodian" means a person so designated under R.S. 9:759 or a successor or substitute custodian designated under R.S. 9:768.
(7) "Financial institution" means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law.
(8) "Legal representative" means an individual's personal representative or tutor.
(9) "Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
(10) "Minor" means an individual who has not attained the age of twenty-two years.
(11) "Person" means an individual, corporation, organization, or other legal entity.
(12) "Personal representative" means an executor, administrator, or representative of a decedent's estate or a person legally authorized to perform substantially the same functions.
(13) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
(14) "Transfer" means a transaction that creates custodial property under R.S. 9:759.
(15) "Transferor" means a person who makes a transfer under this Subpart.
(16) "Trust company" means a financial institution, corporation, or other legal entity authorized to exercise general trust powers.
(17) "Tutor" means a person appointed or qualified by a court to act as guardian of a minor's property or a person legally authorized to perform substantially the same functions, including but not limited to a curator.
Acts 1987, No. 469, §1, eff. Jan. 1, 1988; Acts 2023, No. 60 §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:752. Scope

RS 9:752 - Scope
A. This Subpart applies to a transfer that refers to this Subpart in the designation under R.S. 9:759(A) by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this Subpart despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this state.
B. A person designated as custodian is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.
C. A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
Acts 1987, No. 469, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:753. Nomination of custodian

RS 9:753 - Nomination of custodian
A. A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for _____________ (name of minor) under the Louisiana Uniform Transfers to Minors Act." The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.
B. A custodian nominated under this Section must be a person to whom a transfer of property of that kind may be made under R.S. 9:759(A).
C. The nomination of a custodian under this Section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under R.S. 9:759. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to R.S. 9:759.
Acts 1987, No. 469, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:754. Transfer by gift

RS 9:754 - Transfer by gift
A person may make a transfer by irrevocable gift to a custodian for the benefit of a minor pursuant to R.S. 9:759.
Acts 1987, No. 469, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:755. Transfer authorized by will or trust

RS 9:755 - Transfer authorized by will or trust
A. A personal representative or trustee may make an irrevocable transfer pursuant to R.S. 9:759 to a custodian for the benefit of a minor as authorized in the governing will or trust.
B. If the testator or settlor has nominated a custodian under R.S. 9:753 to receive the custodial property, the transfer shall be made to that person.
C. If the testator or settlor has not nominated a custodian under R.S. 9:753, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under R.S. 9:759(A).
Acts 1987, No. 469, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:756. Other transfer by fiduciary

RS 9:756 - Other transfer by fiduciary
A. Subject to Subsection C of this Section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to R.S. 9:759, in the absence of a will or under a will or trust that does not contain an authorization to do so.
B. Subject to Subsection C of this Section, a curator or tutor may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to R.S. 9:759.
C. A transfer under Subsections A or B of this Section may be made only if all of the following occur:
(1) The personal representative, trustee, curator, or tutor considers the transfer to be in the best interest of the minor.
(2) The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument.
(3) The transfer is authorized by the court, if it exceeds ten thousand dollars in value.
Acts 1987, No. 469, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:757. Transfer by obligor

RS 9:757 - Transfer by obligor
A. Subject to Subsections B and C of this Section, a person, not subject to the provisions of R.S. 9:755 or 756, who holds property of or owes a liquidated debt to a minor not having a tutor may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to R.S. 9:759.
B. If a person having the right to do so under R.S. 9:753 has nominated a custodian under that Section to receive the custodial property, the transfer shall be made to that person.
C. If no custodian has been nominated under R.S. 9:753, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this Section may be made to an adult member of the minor's family or to a trust company unless the property exceeds ten thousand dollars in value.
Acts 1987, No. 469, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:758. Receipt for custodial property

RS 9:758 - Receipt for custodial property
A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this Subpart.
Acts 1987, No. 469, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:760. Single custodianship

RS 9:760 - Single custodianship
A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this Subpart by the same custodian for the benefit of the same minor constitutes a single custodianship.
Acts 1987, No. 469, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:761. Validity and effect of transfer

RS 9:761 - Validity and effect of transfer
A. The validity of a transfer made in a manner prescribed in this Subpart is not affected by any of the following:
(1) Failure of the transferor to comply with R.S. 9:759(C) concerning possession and control.
(2) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under R.S. 9:759(A).
(3) Death or incapacity of a person nominated under R.S. 9:753 or designated under R.S. 9:759 as custodian or the disclaimer of the office by that person.
B. A transfer made pursuant to R.S. 9:759 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided by this Subpart, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property, except as provided in this Subpart.
C. By making a transfer, the transferor incorporates in the disposition all the provisions of this Subpart and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this Subpart.
Acts 1987, No. 469, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:762. Care of custodial property

RS 9:762 - Care of custodial property
A. A custodian shall do all of the following:
(1) Take control of custodial property.
(2) Register or record title to custodial property if appropriate.
(3) Collect, hold, manage, invest, and reinvest custodial property.
B. In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.
C. A custodian may invest in or pay premiums on life insurance or endowment policies on either of the following:
(1) The life of the minor only if the minor or the minor's estate is the sole beneficiary.
(2) The life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary.
D. A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in name of the custodian, followed in substance by the words: "as a custodian for __________ (name of minor) under the Louisiana Uniform Transfers to Minors Act".
E. A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or a legal representative of the minor or by the minor, if the minor has attained the age of fourteen years.
Acts 1987, No. 469, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:763. Powers of custodian

RS 9:763 - Powers of custodian
A. A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.
B. This Section does not relieve a custodian from liability for breach of the provisions of R.S. 9:762.
Acts 1987, No. 469, §1, eff. Jan. 1, l988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:764. Use of custodial property

RS 9:764 - Use of custodial property
A. A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to either of the following:
(1) The duty or ability of the custodian personally or of any other person to support the minor.
(2) Any other income or property of the minor which may be applicable or available for that purpose.
B. On petition of an interested person or the minor, if the minor has attained the age of fourteen years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
C. A delivery, payment, or expenditure under this Section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
Acts 1987, No. 469, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:765. Expenses, compensation, and bond of custodian

RS 9:765 - Expenses, compensation, and bond of custodian
A. A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.
B. Except for one who is a transferor under R.S. 9:754, a custodian has a non-cumulative election during each calendar year to charge reasonable compensation for services performed during that year.
C. Except as otherwise provided in R.S. 9:768(F), a custodian need not give a bond.
Acts 1987, No. 469, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:766. Exemption of third person from liability

RS 9:766 - Exemption of third person from liability
A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining any of the following:
(1) The validity of the purported custodian's designation.
(2) The propriety of, or the authority under this Subpart for, any act of the purported custodian.
(3) The validity or propriety, under this Subpart, of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian.
(4) The propriety of the application of any property of the minor delivered to the purported custodian.
Acts 1987, No. 469, §1, eff. Jan. 1, 1988.