reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Children's Code › Art. 1554. Deprivation of medical or surgical care prohibited; exceptions

Art. 1554. Deprivation of medical or surgical care prohibited; exceptions
No child, including any infant born alive, shall be intentionally denied or deprived of any medical or surgical care by his parent, physician, or any other person when such medical or surgical care is necessary to attempt to save the life of the child in the opinion of a physician exercising competent medical judgment, except:
(1) When a child is in a continual profound comatose state and in the opinion of the child's physician, exercising competent medical judgment, he has no reasonable chance of recovery from that state despite every appropriate medical treatment to correct such condition, the child's parents and physician may discontinue the use of life-support systems or other medical treatment.
(2) When a child suffers from a terminal and irreversible condition despite every appropriate medical treatment to correct such condition, the child's parents and physician may discontinue the use of life-sustaining procedures or other medical treatment.
(3) When the potential risks to the child's life or health inherent in any treatment or surgery outweigh the potential benefits for survival from the treatment or surgery, a child's parents and physician may decline to provide potentially lifesaving medical or surgical care for the child.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1555. Certification of child's terminal status

Art. 1555. Certification of child's terminal status
Before the discontinuation of any medical care or treatment, the child must be diagnosed and certified in writing as qualifying within one or more of the exceptions authorized by Article 1554 by two physicians who have personally examined the child, one of whom shall be the child's attending physician.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1556. Declaration for the benefit of a terminally ill child

Art. 1556. Declaration for the benefit of a terminally ill child
If a child has been certified as required by Article 1555, the child's parent or his guardian may make a declaration to document the decision concerning the withholding or withdrawal of medical treatment or life-sustaining procedures on the child's behalf, except where either:
(1) The parent or guardian has actual notice of contrary indications by the affected child.
(2) The parent or guardian has actual notice of opposition to the decision by the other parent or by the child's guardian.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1557. Making of declaration; notification; illustrative form

Art. 1557. Making of declaration; notification; illustrative form
A. At any time, a parent or guardian may make a written declaration directing the withholding or withdrawal of life-sustaining procedures for his child in the event the child should have a terminal and irreversible condition.
B. The declaration shall be signed by the parent or guardian in the presence of two witnesses.
C. It shall be the responsibility of the parent or guardian to notify the child's attending physician that a declaration has been made.
D. Any attending physician who is so notified shall promptly make the declaration or copy of the declaration a part of the child's medical record.
E. Nothing in this Article shall be construed to require the making of a declaration for a terminally ill minor. The legislature intends that the provisions of this Chapter are permissive and voluntary. The legislature further intends that the making of a declaration pursuant to this Chapter merely illustrates a means of documenting the decision relative to withholding or withdrawal of medical treatment or life-sustaining procedures by a parent or guardian on behalf of his child.
F. The declaration may but need not be in the following illustrative form and may include other specific directions:
"DECLARATION
Declaration made this _____ day of ______________ (month, year)
I, _______________, being of sound mind, willfully and voluntarily make known my desire that the death of my dying child, __________________________________, shall not be artificially prolonged under the circumstances set forth below and do hereby declare:
Because my child has an incurable condition, injury, disease, or illness certified to be terminal and irreversible by two physicians who have personally examined my child, one of whom is his attending physician, and the physicians have determined that my child's death will occur whether or not life-sustaining procedures are utilized and that the application of life-sustaining procedures will serve only to prolong artificially the dying process, I direct that such procedures be withheld or withdrawn and that my child be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide him with comfort care.
I understand the full import of this declaration, and I am emotionally and mentally competent to make this declaration on behalf of my child.
Signed _________________________
City, Parish, and State of Residence ______________________
The declarant has been personally known to me and I believe him or her to be of sound mind.
___________________________
Witness
___________________________
Witness"
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1558. Revocation of declaration

Art. 1558. Revocation of declaration
A. A declaration by a parent or guardian pursuant to Article 1557 may be revoked at any time by the declarant without regard to his or her mental state or competency by any of the following methods:
(1) By being cancelled, defaced, obliterated, burned, torn, or otherwise destroyed by the declarant or by some person in the presence of and at the direction of the declarant.
(2) By a written revocation of the declarant expressing the intent to revoke, signed and dated by the declarant.
(3) By an oral or nonverbal expression by the declarant of the intent to revoke the declaration.
B. Such revocation by any method enumerated in Paragraph A of this Article shall become effective upon communication to the attending physician.
C. The attending physician shall record in the child's medical records the time and date when notification of the revocation was received.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1559. Surrender of parental rights to a terminally ill child

Art. 1559. Surrender of parental rights to a terminally ill child
A. A parent or guardian who refuses to consent to the medical care and treatment of his child as required by this Chapter may at any time execute a voluntary act of surrender pursuant to Title XI and place the child in the legal custody of the department or a licensed adoption agency.
B. The department or agency shall immediately provide the treatment necessary for the child and shall make every effort to find an adoptive home for the child.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1560. Wrongful refusal to consent to medical care and treatment of a child

Art. 1560. Wrongful refusal to consent to medical care and treatment of a child
Whenever the parent or guardian of a child wrongfully refuses to consent to the medical care and treatment of his child as required by this Chapter, the physician may report the child as a child in need of care in accordance with the provisions of Title VI.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1561. Medical insurer's liability

Art. 1561. Medical insurer's liability
No medical insurer of a parent or guardian of a child who would have otherwise been liable for such medical expenses may deny liability to their insured solely because the insured parent or guardian desires to withhold medical or surgical treatment for the child.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1562. Immunity

Art. 1562. Immunity
No hospital, physician, or other person authorized by law to provide medical or surgical care shall be held liable for providing such care for a terminally ill child protected by this Chapter when both:
(1) In the opinion of the hospital, physician, or other person authorized by law to provide medical or surgical care, exercising competent medical judgment, the child's life would be threatened by delaying the provision of medical care or treatment.
(2) The child's parent or guardian has wrongfully refused to consent to such medical care or treatment.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1563. Declaratory judgment; appeal

Art. 1563. Declaratory judgment; appeal
A. An action seeking a declaratory judgment may be brought by any parent, guardian, physician, or hospital in the juvenile court in the parish in which the child is present or is domiciled for the purposes of resolving any issue arising out of a dispute whether certain medical care or treatment should be extended in accordance with this Chapter.
B. An attorney shall be appointed to represent the child in all trial and appellate proceedings.
C. This proceeding shall be heard in chambers, confidentially and within forty-eight hours of the filing thereof.
D. Before entering any judgment approving the refusal or discontinuance of any medical or surgical care for a child, the court must find by clear and convincing evidence that the requirements of Article 1554 have been met.
E. Any appeal or application for writs to review the juvenile court's judgment in any appellate court shall be heard in chambers, confidentially and within forty-eight hours of the filing thereof.
F. Nothing in this Article shall be construed to require any court proceeding when a declaration authorized by Article 1557 has been executed or when the parent and the child's physician agree concerning the child's care, consistent with the requirements of this Chapter.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1564. Purpose

CHAPTER 8. DOMESTIC ABUSE ASSISTANCE
Art. 1564. Purpose
The purpose of this Chapter is to recognize and address the complex legal and social problems created by domestic violence and to provide a civil remedy in the juvenile courts for domestic violence in homes in which children reside which will afford the victim immediate and easily accessible protection.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1565. Definitions

Art. 1565. Definitions
As used in this Chapter:
(1) "Domestic abuse" includes but is not limited to physical or sexual abuse and any offense against the person as defined in Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950, except negligent injury and defamation, committed by one family or household member against another.
(2) "Family or household member" means spouses, former spouses, parents and children, stepparents, stepchildren, foster parents, foster children, and any person living in the same residence with the defendant as a spouse whether married or not if a child or children also live in the residence, who are seeking protection under this Chapter.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1997, No. 1156, §1.
2023 Louisiana Laws › Children's Code › Art. 1566. Assistance; clerk of court; domestic abuse advocate

Art. 1566. Assistance; clerk of court; domestic abuse advocate
A. The clerk of court shall make forms available for making application for protective orders under this Chapter, provide clerical assistance to the petitioner when necessary, advise indigent applicants of the availability of filing in forma pauperis, provide the necessary forms, and provide the services of a notary, where available, for completion of the affidavit required in Article 1568. The forms shall be prepared by the Judicial Administrator's Office, Louisiana Supreme Court.
B. Domestic abuse advocates may provide clerical assistance to petitioners in making an application for a protective order in accordance with this Chapter.
C. For purposes of this Article, "domestic abuse advocate" means an employee or representative of a community based shelter providing services to victims of family violence or domestic abuse.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1997, No. 1156, §1; Acts 2011, No. 234, §2.
2023 Louisiana Laws › Children's Code › Art. 1567. Venue; standing

Art. 1567. Venue; standing
A. Venue lies in either:
(1) The parish in which the marital domicile is located or in which the household is located.
(2) The parish in which the defendant resides.
(3) The parish in which the abuse is alleged to have been committed.
(4) For purposes of issuing an order pursuant to Article 1569(A)(1) only, the parish in which the petitioner resides.
(5) The parish in which an action for an annulment of marriage or for a divorce could be brought pursuant to the Code of Civil Procedure.
B. An adult may seek relief under this Chapter by filing a petition with the court alleging abuse by the defendant. Any parent, adult household member, local child protection unit of the Department of Children and Family Services, or district attorney may seek relief on behalf of any child or any person alleged to be incompetent by filing a petition with the court alleging abuse by the defendant. A petitioner's right to relief under this Chapter shall not be affected by his leaving the residence or household to avoid further abuse.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1995, No. 1095, §8; Acts 1997, No. 1156, §1.
2023 Louisiana Laws › Children's Code › Art. 1568. Petition

Art. 1568. Petition
A. A petition filed under the provisions of this Chapter shall contain the following:
(1) The name of each petitioner and each person on whose behalf the petition is filed and the name, address, and parish of residence of each individual alleged to have committed abuse, if known.
(2) If the petition is being filed on behalf of a child or person alleged to be incompetent, the relationship between that person and the petitioner.
(3) The facts and circumstances concerning the alleged abuse.
(4) The relationship between each petitioner and each individual alleged to have committed abuse.
(5) A request for one or more protective orders or a temporary restraining order.
B. The address and parish of residence of each petitioner and each person on whose behalf the petition is filed may remain confidential with the court.
C. If the petition requests a protective order for a spouse and alleges that the other spouse has committed abuse, the petition shall state whether a suit for divorce is pending.
D. If the petition requests the issuance of an ex parte temporary restraining order, the petition shall contain a written affirmation signed and dated by each petitioner that the facts and circumstances contained in the petition are true and correct to the best knowledge, information, and belief of the petitioner, under penalty of perjury pursuant to R.S. 14:123. The affirmation shall be made before a witness who shall sign and print his name.
E. If a suit for divorce is pending, any application for a protective order shall be filed in that proceeding and shall be heard within the delays provided by this Chapter. Any decree issued in a divorce proceeding filed subsequent to the filing of a petition or an order issued pursuant to this Chapter may, in the discretion of the court hearing the divorce proceeding, supersede in whole or in part the orders issued pursuant to this Chapter. Such subsequent decree shall be forwarded by the rendering court to the court having jurisdiction of the petition for a protective order and shall be made a part of the record thereof. The findings and rulings made in connection with such protective orders shall not be res judicata in any subsequent proceeding.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1997, No. 1156, §1; Acts 2021, No. 394, §2.
2023 Louisiana Laws › Children's Code › Art. 1570.1. Costs paid by abuser

Art. 1570.1. Costs paid by abuser
A. Except as provided in Paragraph B of this Article, all court costs, attorney fees, costs of enforcement and modification proceedings, costs of appeal, evaluation fees, and expert witness fees incurred in maintaining or defending any proceeding concerning domestic abuse assistance in accordance with the provisions of this Chapter shall be paid by the perpetrator of the domestic violence, including all costs of medical and psychological care for the abused adult, or for any of the children, necessitated by the domestic violence.
B. If the court determines the petition was frivolous, the court may order the nonprevailing party to pay all court costs and reasonable attorney fees of the other party. Failure to appear at a hearing on the petition shall not on its own constitute grounds for assessing court costs and fees against the petitioner.
Acts 1997, No. 1156, §1; Acts 2006, No. 777, §1; Acts 2008, No. 411, §2, eff. June 21, 2008; Acts 2018, No. 264, §2; Acts 2022, No. 416, §1, eff. June 15, 2022.
2023 Louisiana Laws › Children's Code › Art. 1571. Penalties; notice of penalty in order

Art. 1571. Penalties; notice of penalty in order
A. Upon violation of a temporary restraining order, a protective order, or a court-approved consent agreement, the court may hold the defendant in contempt of court and punish the defendant by imprisonment in the parish jail for not more than six months or a fine of not more than five hundred dollars, or both, and may order that all or a part of any fine be forwarded for the support of petitioner and dependents, in the discretion of the court.
B. Such sentence shall be imposed only after trial by the judge of a rule against the defendant to show cause why he should not be adjudged guilty of contempt and punished accordingly. The rule to show cause may issue on the court's own motion or on motion of a party to the action or proceeding, and shall state the facts alleged to constitute the contempt. A certified copy of the motion and of the rule to show cause shall be served upon the person charged with contempt in the same manner as a subpoena, at least forty-eight hours before the time assigned for the trial of the rule, which shall be scheduled within twenty days of the filing of the motion for contempt.
C. Each protective order issued under this Chapter, including a temporary ex parte order, shall have the following statement printed in bold-faced type or in capital letters: "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF NOT MORE THAN $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH, AND MAY BE FURTHER PUNISHED UNDER THE CRIMINAL LAWS OF THE STATE OF LOUISIANA. THIS ORDER SHALL BE ENFORCED BY ALL LAW ENFORCEMENT OFFICERS AND COURTS OF THE STATE OF LOUISIANA."
D. Nothing contained herein shall be construed as a limitation on any applicable provisions of Title 14 of the Louisiana Revised Statutes of 1950.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1999, No. 1200, §3.
2023 Louisiana Laws › Children's Code › Art. 1573. Law enforcement officers; duties

Art. 1573. Law enforcement officers; duties
Whenever a law enforcement officer has reason to believe that a family or household member has been abused, the officer shall immediately use all reasonable means to prevent further abuse, including:
(1) Arresting the abusive party with a warrant or without a warrant pursuant to Article 213 of the Code of Criminal Procedure, if probable cause exists to believe that aggravated or second degree battery has been committed by that person, whether or not the offense occurred in the officer's presence.
(2) Arresting the abusive party in case of simple assault, aggravated assault, or simple battery, whether or not the offense occurred in the presence of the officer, when the officer reasonably believes there is impending danger to the physical safety of the abused person in the officer's absence. If there is no cause to believe there is impending danger, arresting the abusive party is at the officer's discretion.
(3) Assisting the abused person in obtaining medical treatment necessitated by the battery, or arranging for, or providing or assisting in the procurement of transportation for the abused person to a place of shelter or safety.
(4) Notifying the abused person of his right to initiate criminal or civil proceedings, the availability of the protective order pursuant to Article 1570, and the availability of community assistance for domestic violence victims.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1574. Reporting

Art. 1574. Reporting
Whenever a law enforcement officer investigates an allegation of domestic abuse, whether or not an arrest is made, the officer shall make a written report of the alleged incident, including a statement of the complainant and the disposition of the case.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1575. Immunity

Art. 1575. Immunity
Any law enforcement officer reporting in good faith, exercising due care in the making of an arrest, or providing assistance pursuant to the provisions of Articles 1573 and 1574 shall have immunity from any civil liability that otherwise might be incurred or imposed because of the report, arrest, or assistance provided.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1601. Enactment

TITLE XVI
INTERSTATE COMPACTS AFFECTING CHILDREN
CHAPTER 1. INTERSTATE COMPACT ON
ADOPTION AND MEDICAL ASSISTANCE
Art. 1601. Enactment
The Interstate Compact on Adoption and Medical Assistance is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1602. Findings

Art. 1602. Findings
The party states find that:
(1) In order to obtain adoptive families for children with special needs, prospective adoptive parents must be assured of substantial assistance, usually on a continuing basis, in meeting the high costs of supporting and providing for the special needs and services required by such children.
(2) The states have a fundamental interest in promoting adoption for children with special needs because the care, emotional stability, and general support and encouragement required by such children to surmount their physical, mental, or emotional conditions can be best, and often only, obtained in family homes with a normal parent-child relationship.
(3) The states obtain advantages from providing adoption assistance because the customary alternative is for the state to defray the entire cost of meeting all the needs of such children.
(4) The special needs involved are for the emotional, physical maintenance of the child, and medical support and services.
(5) The necessary assurances of adoption assistance for children with special needs, in those instances where children and adoptive parents are in states other than the one undertaking to provide the assistance, is to establish and maintain suitable substantive guarantees and workable procedures for interstate payments to assist with the necessary child maintenance, procurement of services, and medical assistance.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1603. Purposes

Art. 1603. Purposes
The purposes of this compact are to:
(1) Strengthen protections for the interests of the children with special needs on behalf of whom adoptive assistance is committed to be paid, when such children are in or move to states other than the one committed to make adoption assistance payments.
(2) Provide substantive assurances and procedures which will promote the delivery of medical and other services on an interstate basis to children through programs of adoption assistance established by the laws of the party states.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1604. Definitions

Art. 1604. Definitions
As used in this compact, unless the context clearly requires a different construction:
(1) "Adoption assistance" means the payment or payments for maintenance of a child, which payment or payments are made or committed to be made pursuant to the adoption assistance program established by the laws of a party state.
(2) "Adoption assistance state" means the state that is signatory to an adoption assistance agreement in a particular case.
(3) "Child with special needs" means a minor who has not yet attained the age at which the state normally discontinues children's services or twenty-one, where the state determines that the child's mental or physical handicaps warrant the continuation of assistance, for whom the state has determined the following:
(a) That the child cannot or should not be returned to the home of his parents.
(b) That there exists with respect to the child a specific factor or condition, such as his ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical condition or physical, mental, or emotional handicaps, because of which it is reasonable to conclude that such child cannot be placed with adoptive parents without providing adoption assistance.
(c) That, except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child, a reasonable but unsuccessful effort has been made to place the child with appropriate adoptive parents without providing adoption assistance payments.
(4) "Parents" means either the singular or plural of the word "parent".
(5) "Residence state" means the state of which the child is a resident by virtue of the residence of the adoptive parents.
(6) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1606. Medical assistance

Art. 1606. Medical assistance
A. Children for whom a party state is committed in accordance with the terms of an adoption assistance agreement to make adoption assistance payments are eligible for medical assistance during the entire period for which such payments are to be provided. Upon application therefor, the adoptive parents of a child on whose behalf a party state's duly constituted authorities have entered into an adoption assistance agreement shall receive a medical assistance identification made out in the child's name. The identification shall be issued by the medical assistance program of the residence state and shall entitle the child to the same benefits, pursuant to the same procedures, as any other child who is a resident of the state and covered by medical assistance, whether or not the adoptive parents are eligible for medical assistance.
B. The identification shall bear no indication that an adoption assistance agreement with another state is the basis for issuance. However, if the identification is issued on account of an outstanding adoption assistance agreement to which another state is a signatory, the records of the issuing state and the adoption assistance state shall show the fact and shall contain a copy of the adoption assistance agreement and any amendment or replacement therefor, and all other pertinent information. The adoption assistance and medical assistance programs of the adoption assistance state shall be notified of the identification issuance.
C. A state which has issued a medical assistance identification pursuant to this compact, which identification is valid and currently in force, shall accept, process, and pay medical assistance claims thereon as on any other medical assistance eligibilities of residents.
D. An adoption assistance state which provides medical services or benefits to children covered by its adoption assistance agreements, which services or benefits are not provided for those children under the medical assistance program of the residence state, may enter into cooperative arrangements with the residence state to facilitate the delivery and administration of such services and benefits. However, any such arrangements shall not be inconsistent with this compact nor shall they relieve the residence state of any obligation to provide medical assistance in accordance with its laws and this compact.
E. A child whose residence is changed from one party state to another party state shall be eligible for medical assistance under the medical assistance program of the new state of residence.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1607. Joinder and withdrawal

Art. 1607. Joinder and withdrawal
A. This compact shall be open to joinder by any state. It shall enter into force as to a state when its duly constituted and empowered authority has executed it.
B. In order that the provisions of this compact may be accessible to and known by the general public and so that its status as law in each of the party states may be fully implemented, the full text of the compact, together with a notice of its execution shall be caused to be published by the authority which has executed it in each party state. Copies of the compact shall be made available upon request made of the executing authority in any state.
C. Withdrawal from this compact shall be by written notice sent by the authority which executed it to the appropriate officials of all other party states, but no such notice shall take effect until one year after it is given in accordance with the requirements of this Paragraph.
D. All adoption assistance agreements outstanding and to which a party state is signatory at the time when its withdrawal from this compact takes effect shall continue to have the effects given to them pursuant to this compact, until they expire or are terminated in accordance with their provisions. Until such expiration or termination, all beneficiaries of the agreements involved shall continue to have all rights and obligations conferred or imposed by this compact, and the withdrawing state shall continue to administer the compact to the extent necessary to accord and implement fully the rights and protections preserved hereby.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1608. Interstate compact on the placement of children, adoption; enactment; purpose and policy

CHAPTER 2. INTERSTATE COMPACT ON THE
PLACEMENT OF CHILDREN
Art. 1608. Interstate compact on the placement of children, adoption; enactment; purpose and policy
NOTE: Art. 1608 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The Interstate Compact on the Placement of Children is hereby enacted into law and entered into with all other jurisdictions legally joining therein as set out herein in Articles 1608 through 1617.
B. It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:
(1) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.
(2) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.
(3) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.
(4) Appropriate jurisdictional arrangements for the care of children will be promoted.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
2023 Louisiana Laws › Children's Code › Art. 1609. Compact definitions

Art. 1609. Compact definitions
NOTE: Art. 1609 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
As used in this compact:
(1) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control.
(2) "Placement" means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective, or epileptic, or any institution primarily educational in character, and any hospital or other medical facility.
(3) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.
(4) "Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency, or other entity which sends, brings, or causes to be sent or brought any child to another party state.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
2023 Louisiana Laws › Children's Code › Art. 1610. Conditions for placement

Art. 1610. Conditions for placement
NOTE: Art. 1610 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this Article and with the applicable laws of the receiving state governing the placement of children therein.
B. Prior to sending, bringing, or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain:
(1) The name, date, and place of birth of the child.
(2) The identity and address or addresses of the parents or legal guardian.
(3) The name and address of the person, agency, or institution to or with which the sending agency proposes to send, bring, or place the child.
(4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.
C. Any public officer or agency in a receiving state which is in receipt of a notice pursuant to Paragraph B of this Article may request the sending agency or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.
D. The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
2023 Louisiana Laws › Children's Code › Art. 1611. Illegal placement; penalty

Art. 1611. Illegal placement; penalty
NOTE: Art. 1611 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state.
B. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws.
C. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place or care for children.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
2023 Louisiana Laws › Children's Code › Art. 1612. Retention of jurisdiction

Art. 1612. Retention of jurisdiction
NOTE: Art. 1612 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment, and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.
B. When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.
C. Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state, nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in Paragraph A of this Article.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
2023 Louisiana Laws › Children's Code › Art. 1613. Institutional care of delinquent children

Art. 1613. Institutional care of delinquent children
NOTE: Art. 1613 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact, but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent to such other party jurisdiction for institutional care, and the court finds both that:
(1) Equivalent facilities for the child are not available in the sending agency's jurisdiction.
(2) Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
2023 Louisiana Laws › Children's Code › Art. 1614. Compact administrator

Art. 1614. Compact administrator
NOTE: Art. 1614 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
2023 Louisiana Laws › Children's Code › Art. 1615. Limitations upon applicability

Art. 1615. Limitations upon applicability
NOTE: Art. 1615 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
This compact shall not apply to:
(1) The sending or bringing of a child into a receiving state by his parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or nonagency guardian in the receiving state.
(2) Any placement, sending, or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
2023 Louisiana Laws › Children's Code › Art. 1616. Enactment and withdrawal

Art. 1616. Enactment and withdrawal
NOTE: Art. 1616 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. This compact shall be open to joinder by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of congress, the government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law.
B. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction.
C. Withdrawal of a party state shall not affect the rights, duties, and obligations under this compact of any sending agency herein with respect to a placement made prior to the effective date of withdrawal.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
2023 Louisiana Laws › Children's Code › Art. 1617. Construction and severability

Art. 1617. Construction and severability
NOTE: Art. 1617 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The provisions of this compact shall be liberally construed to effectuate the purposes thereof.
B. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
2023 Louisiana Laws › Children's Code › Art. 1618. Supplementary definitions applicable only to this state

Art. 1618. Supplementary definitions applicable only to this state
NOTE: Art. 1618 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. As used in Article 1610, when referring to this state, "appropriate public authorities" means the Louisiana Department of Children and Family Services.
B. As used in Article 1612, "appropriate authority in the receiving state" means any licensed child welfare agency in Louisiana.
C. As used in Article 1614, "executive head" means the governor of Louisiana.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
2023 Louisiana Laws › Children's Code › Art. 1619. Financial responsibility for children

Art. 1619. Financial responsibility for children
NOTE: Art. 1619 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
Financial responsibility for any child placed pursuant to the provisions of this compact shall be determined in accordance with the provisions of Article 1612 in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of Louisiana's laws fixing the responsibility for the support of children also may be invoked.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
2023 Louisiana Laws › Children's Code › Art. 1620. Authority to enter into agreements; approval of state treasurer

Art. 1620. Authority to enter into agreements; approval of state treasurer
NOTE: Art. 1620 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The officers and agencies of this state and its political subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to Paragraph B of Article 1612.
B. Any such agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof shall not be binding unless it has the approval in writing of the state treasurer in the case of the state and of the chief local fiscal officer in the case of a subdivision of the state.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
2023 Louisiana Laws › Children's Code › Art. 1621. Jurisdiction

Art. 1621. Jurisdiction
NOTE: Art. 1621 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
Any court having jurisdiction to place delinquent children may place such a child in an institution or in another state pursuant to Article 1613 and shall retain jurisdiction as provided in Article 1612.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
2023 Louisiana Laws › Children's Code › Art. 1622. Appointment of compact administrator

Art. 1622. Appointment of compact administrator
NOTE: Art. 1622 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
The governor is hereby authorized to appoint a compact administrator in accordance with the terms of Article 1614.
Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.