reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Children's Code › Art. 1213. Continuing duties of the department; home study report

Art. 1213. Continuing duties of the department; home study report
A. After an interlocutory decree has been entered, the department shall maintain contact with the proposed adoptive home directly or through another agency in accordance with Article 1207.
B. The licensed private adoption placing agency, or the department for children in department custody, maintains responsibility for the safety and welfare of the child. The department is responsible for submission of a confidential court report that ensures the accuracy and thoroughness of the resulting reports. The department shall adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement this authorization in accordance with the Administrative Procedure Act.
C. If an interlocutory decree has been entered, a second confidential report shall be presented to the court preceding the hearing on the final decree of agency adoption. The findings of this report shall be based upon the same considerations as prescribed in Article 1207 and shall disclose any changed conditions and all new pertinent information.
D. Repealed by Acts 2022, No. 633, §2.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2021, No. 6, §1; Acts 2022, No. 633, §§1, 2.
2023 Louisiana Laws › Children's Code › Art. 1214. Permanency review

Art. 1214. Permanency review
A. If an interlocutory decree has not been rendered within six months of the filing of the petition and review hearings are not otherwise required under Titles X and XI, review hearings shall be held every ninety days until an interlocutory decree is rendered.
B. If a final decree has not been rendered within six months of the filing of the petition, or within six months of an interlocutory decree, if rendered, review hearings shall be held every ninety days until a final decree of adoption is rendered.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000.
2023 Louisiana Laws › Children's Code › Art. 1215. Revocation of interlocutory decree

Art. 1215. Revocation of interlocutory decree
A. At any time before the entry of the final decree of agency adoption, the court for good cause may revoke its interlocutory decree either on its own motion or on the motion of the department or on the motion of the petitioner or any person interested in the child.
B. All parties upon whom service was originally made shall be notified at least ten days prior to the signing of the order of revocation and shall be given an opportunity to be heard upon their written request.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1216. Petition for final decree

Art. 1216. Petition for final decree
A. The child shall have lived with the petitioner for at least one year and at least six months shall have elapsed after the granting of an interlocutory decree before the petitioner may file a petition for final decree of agency adoption.
B. The court shall set a time and place for the hearing of the petition for final decree. The petition for final decree need not be served upon anyone except the department.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1217. Final decree; notice; standard

Art. 1217. Final decree; notice; standard
A. The court, as a part of the final decree, shall provide notice of the provisions of R.S. 14:46.4 to the parties.
B. The court, after hearing and after taking into consideration information from all sources concerning the adoption, may enter a final decree of agency adoption, or it may deny the adoption. The basic consideration shall be the best interests of the child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2014, No. 721, §1.
2023 Louisiana Laws › Children's Code › Art. 1217.1. Reporting requirement; statistical availability

Art. 1217.1. Reporting requirement; statistical availability
A. For each adopted child, the court shall ensure that the department receives all of the following information:
(1) Whether either of the adopted parents are related to the child.
(2) The age of the child at placement.
(3) The age of the child at the time of finalization.
(4) The gender of the child.
(5) The race of the child.
(6) The location of placement.
(7) Other nonidentifying information the department requests in order to maintain statistical records of adoption finalizations.
B. The department shall release yearly statistics on adoptions and placements of children in Louisiana. These statistics shall be made available to the public.
Acts 2021, No. 6, §1.
2023 Louisiana Laws › Children's Code › Art. 1218. Effect of final decree

Art. 1218. Effect of final decree
A. Except as otherwise provided in this Title, upon a final decree of agency adoption, the parents of the child whose rights have not been previously terminated by a surrender or a judgment of termination and all other blood relatives of the child are relieved of all their legal duties and divested of all their legal rights with regard to the adopted child, including the right of inheritance from the adopted child and his lawful descendants, and the adopted child is relieved of all of his legal duties and divested of all his legal rights with regard to the parents, except as provided in Paragraph B.
B. The right of the child to inherit from his parents and other blood relatives is unaffected by the adoption.
C. Under the circumstances and pursuant to the procedures authorized by Chapter 14 of this Title, grandparents may obtain limited visitation rights to the adopted child.
D. Parents, grandparents, siblings, or other relatives by blood, adoption, or affinity who have an established and significant relationship may be allowed continuing contact with an adopted child in accordance with Chapter 14-A of this Title.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2003, No. 567, §1.
2023 Louisiana Laws › Children's Code › Art. 1220. Refusal of interlocutory or final decree

Art. 1220. Refusal of interlocutory or final decree
Upon refusal to grant an interlocutory or final decree to the petitioners for the reason that the agency adoption is not in the best interests of the child, the court may remove the child from the petitioner and reinstate the legal custodian or appoint a custodian.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1221. Persons who may petition for adoption

CHAPTER 10. PRIVATE ADOPTIONS
Art. 1221. Persons who may petition for adoption
A single person, eighteen years or older, or a married couple jointly may petition to privately adopt a child. When one joint petitioner dies after the petition has been filed, the adoption proceedings may continue as though the survivor was a single original petitioner.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1222. Private adoptions; petition; contents

Art. 1222. Private adoptions; petition; contents
A. The petition shall be styled: "In re _________________, Applying for Private Adoption." The petition or an attached exhibit shall state:
(1) The full name, address, age, occupation, and marital status of each petitioner.
(2) The name by which the child is known to petitioners as well as the name under which the birth of the child is recorded.
(3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.
(4) If known, the name of every parent whose consent to the adoption is required pursuant to Article 1193(1) and (2) and proof of their consent, or the name of every parent and the reason such consent is not required.
(5) The diligent efforts made in accordance with Article 1135(B), if the alleged father of the child is unknown, which establish that his rights should be terminated in accordance with Article 1135(A).
(6) The date and circumstances under which the child entered the home of the petitioner.
(7) Any relationship existing between the petitioner and the child.
B. The petition shall be accompanied by a certified copy of any order terminating the rights of the child's parents and if not previously filed, by a current certification for adoption.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2003, No. 567, §1.
2023 Louisiana Laws › Children's Code › Art. 1224. Service of process

Art. 1224. Service of process
A. A copy of the petition for private adoption together with all exhibits shall be served by registered or certified mail, return receipt requested, postage prepaid, or by commercial courier as defined in R.S. 13:3204(D), when the person to be served is located outside of this state, and properly addressed to the department.
B. Except when waived, notice of the filing of the petition shall be served on any parent whose parental rights have not been terminated by a court of competent jurisdiction.
C. If the adoption petition names an alleged or adjudicated father and his parental rights have not been terminated by a court of competent jurisdiction, he shall be served with notice of the filing of the petition in accordance with Articles 1133, 1134, and 1136 and thereafter, his rights shall be determined in accordance with the provisions of Articles 1137 through 1143 .
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 395, §7.
2023 Louisiana Laws › Children's Code › Art. 1225. Service; resident parent

Art. 1225. Service; resident parent
If a parent upon whom service is required under Article 1224 resides within this state, service shall be made either personally or by domiciliary service not less than thirty days prior to the commencement of the hearing on the petition.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1226. Service; nonresident parent

Art. 1226. Service; nonresident parent
If a parent upon whom service is required under Article 1224 does not reside within this state, service shall be made by registered or certified mail to the address indicated in the petition, return receipt required, not less than thirty days prior to commencement of the hearing on the petition.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2021, No. 158, §1.
2023 Louisiana Laws › Children's Code › Art. 1227. Service; absentee parent; curator ad hoc

Art. 1227. Service; absentee parent; curator ad hoc
A. If a parent upon whom service is required under Article 1224 cannot be served in accordance with the provisions of Article 1225 or 1226, the court shall appoint an attorney at law as curator ad hoc for the parent and service shall be made upon the curator ad hoc.
B. Upon appointment of the curator ad hoc, a copy of the letter of appointment shall be forwarded to the department.
C. The fees and costs of the curator ad hoc shall be paid by the petitioner notwithstanding any provision of law to the contrary.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1228. Duties of curator ad hoc

Art. 1228. Duties of curator ad hoc
A. The curator ad hoc shall make a diligent effort to locate the parent and notify him of the pendency and nature of the proceedings. Any appearances or acceptances of service by the curator ad hoc shall be valid, but he shall not be allowed to waive any rights of notice.
B. The curator ad hoc shall submit to the court a note of evidence indicating the efforts made to locate the parent and shall receive an appropriate fee.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1230. Hearing; petition for private adoption

Art. 1230. Hearing; petition for private adoption
A. The court shall sign the order setting the time and place for the hearing of the petition for private adoption not less than thirty nor more than sixty days after the filing of the adoption petition. The court may extend this time for up to sixty additional days for good cause, which may include a showing by the department that it has been impossible to gather the necessary data within the time prescribed. The court may reduce the time to a minimum of fifteen days with written approval of the department and the petitioner. If an extension of time is granted, the court shall set a new hearing date and shall require the petitioner to report to the court, either at that hearing, or before, in detail concerning the progress of the child's adoptive placement.
B. At this hearing the court shall consider:
(1) Any motion to intervene which has been filed.
(2) Any other issues in dispute.
(3) The confidential report of the department.
(4) The report of any criminal records concerning the petitioner, including the nature of the offenses, the number of offenses, and the length of time between the offenses and between the last offense committed and the petition for private adoption. The existence of a criminal record of the petitioner shall not be automatic grounds for the court to refuse to grant a private adoption.
(5) The report of any validated complaints of child abuse or neglect concerning the petitioner.
(6) The testimony of the parties.
C. If the child to be adopted is twelve years of age or older, the court shall solicit and consider his wishes in the matter.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2013, No. 187, §1.
2023 Louisiana Laws › Children's Code › Art. 1231. Intervention

Art. 1231. Intervention
A. Intervention in private adoption proceedings shall not be allowed except on motion to the court and a showing of good cause.
B. Such intervention shall be limited to persons having a substantial caretaking relationship with the child for one year or longer, or any other person that the court finds to be a party in interest.
C. The intervention of a party in interest shall be for the limited purpose of presenting evidence as to the best interests of the child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1232. Interlocutory decree

Art. 1232. Interlocutory decree
Upon due consideration of the factors enumerated in Article 1230(B), the court may grant or refuse to grant an interlocutory decree during or after the hearing. The basic consideration for this decree shall be the best interests of the child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1233. Final decree at first hearing

Art. 1233. Final decree at first hearing
Notwithstanding Article 1238, upon due consideration of the factors enumerated in Article 1230(B), the court may render a final decree of private adoption at the first hearing, without the necessity of first entering an interlocutory decree, only if the rights of the child's parents have been terminated pursuant to Title X or XI of this Code and the child has lived in the petitioner's home for six months.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2021, No. 6, §1.
2023 Louisiana Laws › Children's Code › Art. 1235. Continuing duties of the department; home study report

Art. 1235. Continuing duties; home study report
A. After an interlocutory decree has been entered, if ordered by the court, the attorney arranging the private adoption shall ensure that a licensed professional tasked with ensuring the safety and health of the child in the adoptive placement shall maintain contact with the proposed adoptive home directly or through another agency in accordance with Article 1229.
B. If an interlocutory decree has been entered, a second confidential report shall be presented to the court preceding the hearing on the final decree of private adoption. The findings of this report shall be based upon the same considerations as prescribed in Article 1229 and shall disclose any changed conditions and all new pertinent information.
C. Repealed by Acts 2022, No. 633, §2.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2021, No. 6, §1; Acts 2022, No. 633, §§1, 2.
2023 Louisiana Laws › Children's Code › Art. 1236. Interlocutory decree; review hearings

Art. 1236. Interlocutory decree; review hearings
A. If an interlocutory decree has not been rendered within six months of the filing of the petition and review hearings are not otherwise required under Titles X and XI, review hearings shall be held every ninety days until an interlocutory decree is rendered.
B. If a final decree has not been rendered within six months of the filing of the petition, or within six months of an interlocutory decree, if rendered, review hearings shall be held every ninety days until a final decree of adoption is rendered.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000.
2023 Louisiana Laws › Children's Code › Art. 1237. Revocation of interlocutory decree

Art. 1237. Revocation of interlocutory decree
A. At any time before the entry of the final decree of private adoption, the court for good cause may revoke its interlocutory decree either on its own motion or on the motion of the department or on the motion of the petitioner or any person interested in the child.
B. All parties upon whom service was originally made shall be notified at least ten days prior to the signing of the order of revocation and shall be given an opportunity to be heard upon their written request.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1238. Petition for final decree

Art. 1238. Petition for final decree
A. The child shall have lived with the petitioner for at least one year and at least six months shall have elapsed after the granting of an interlocutory decree before the petitioner may file a petition for final decree of private adoption.
B. The court shall set a time and place for the hearing of the petition for final decree. The petition for final decree need not be served upon anyone except the department.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1239. Final decree; notice; standard

Art. 1239. Final decree; notice; standard
A. The court, as a part of the final decree, shall provide notice of the provisions of R.S. 14:46.4 to the parties.
B. The court, after hearing and after taking into consideration information from all sources concerning the adoption, may enter a final decree of private adoption, or it may deny the adoption. The basic consideration shall be the best interests of the child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2014, No. 721, §1.
2023 Louisiana Laws › Children's Code › Art. 1239.1. Reporting requirement, statistical availability

Art. 1239.1. Reporting requirement; statistical availability
A. For each adopted child, the court shall ensure that the department receives all of the following information:
(1) Whether either of the adopted parents are related to the child.
(2) The age of the child at placement.
(3) The age of the child at the time of finalization.
(4) The gender of the child.
(5) The race of the child.
(6) The location of placement.
(7) Other nonidentifying information the department requests in order to maintain statistical records of adoption finalizations.
B. The department shall release yearly statistics on the adoptions of children in Louisiana and placement of those children. These statistics shall be made available to the public.
Acts 2021, No. 6, §1.
2023 Louisiana Laws › Children's Code › Art. 1240. Effect of final decree

Art. 1240. Effect of final decree
A. Except as otherwise provided in this Title, upon a final decree of private adoption, the parents of the child whose rights have not been previously terminated by a surrender or a judgment of termination and all other blood relatives of the child are relieved of all their legal duties and divested of all their legal rights with regard to the adopted child, including the right of inheritance from the adopted child and his lawful descendants, and the adopted child is relieved of all of his legal duties and divested of all his legal rights with regard to the parents, except as provided in Paragraph B.
B. The right of the child to inherit from his parents and other blood relatives is unaffected by the adoption.
C. Under the circumstances and pursuant to the procedures authorized by Chapter 14 of this Title, grandparents may obtain limited visitation rights to the adopted child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2001, No. 568, §1, eff. Jan. 1, 2002.
2023 Louisiana Laws › Children's Code › Art. 1242. Refusal of interlocutory or final decree

Art. 1242. Refusal of interlocutory or final decree
Upon refusal to grant an interlocutory or final decree to the petitioners for the reason that the private adoption is not in the best interests of the child, the court may remove the child from the petitioner and reinstate the legal custodian or appoint a custodian.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1243. Persons who may petition for intrafamily adoption

CHAPTER 11. INTRAFAMILY ADOPTIONS
Art. 1243. Persons who may petition for intrafamily adoption
A. A stepparent, stepgrandparent, great-grandparent, grandparent, or collaterals within the twelfth degree may petition to adopt a child if all of the following elements are met:
(1) The petitioner is related to the child by blood, adoption, or affinity through the mother of the child or through a father who is filiated to the child in accordance with the Civil Code.
(2) The petitioner is a single person over the age of eighteen or a married person whose spouse is a joint petitioner.
(3) The petitioner has had legal or physical custody of the child for at least six months prior to filing the petition for adoption.
B.(1) When the spouse of the stepparent or one joint petitioner dies after the petition has been filed, the adoption proceedings may continue as though the survivor was a single original petitioner.
(2) When a petitioner is the grandparent of a child and the petitioner's spouse is the stepgrandparent of the child and that spouse files an authentic act requesting that the blood relative grandparent petitioner be allowed to file or complete the adoption proceedings as the sole petitioner, then any court of competent jurisdiction may grant the adoption in the same manner as if the grandparent was a single petitioner. Any petitioner and stepgrandparent filing a petition pursuant to this Paragraph shall be required to undergo the background check provided for in Article 1243.2.
C. Repealed by Acts 2014, No. 169, §2.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 733, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 256, §1; Acts 1999, No. 695, §1; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2001, No. 567, §1; Acts 2002, 1st Ex. Sess., No. 65, §1, eff. April 18, 2002; Acts 2007, No. 111, §1; Acts 2010, No. 190, §1; Acts 2014, No. 169, §§1, 2; Acts 2016, No. 175, §1, eff. May 19, 2016.
2023 Louisiana Laws › Children's Code › Art. 1243.2. Institution of records check

Art. 1243.2. Institution of records check
A. Upon the filing of a petition, the court shall immediately issue both of the following orders:
(1) That the local sheriff or the office of state police, Louisiana Bureau of Criminal Identification and Information, conduct a records check for all federal arrests and convictions and all state arrests and convictions for each of the prospective adoptive parents. Prospective adoptive parents shall submit a set of fingerprints to the sheriff or the office of state police.
(2) That the department conduct a records check for validated complaints of child abuse or neglect in this or any other state in which either of the prospective adoptive parents has been domiciled since becoming a major, involving either prospective adoptive parent.
B. Each order shall state the full name, date of birth, social security number, and former and current state of domicile since becoming a major of each prospective adoptive parent.
C. The sheriff or the office of state police, Louisiana Bureau of Criminal Identification and Information, and the department shall accord priority to these orders and shall provide a certificate indicating all information discovered, or that no information has been found.
Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2010, No. 192, §1.
2023 Louisiana Laws › Children's Code › Art. 1244. Consent of parent

Art. 1244. Consent of parent
A. Except as otherwise provided herein, any parent may execute an authentic act consenting to the adoption of his child in an intrafamily adoption, including a waiver of service or notice for any subsequent proceeding.
B. If the parent of a child born of marriage is married to the stepparent petitioner and executes an authentic act of consent, he need not join in the petition nor be served with a copy thereof.
C. The parent of a child born outside of marriage who is married to the petitioning spouse shall join in the petition.
D. Repealed by Acts 1999, No. 1062, §5, eff. Jan. 1, 2000.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 256, §1; Acts 1999, No. 1062, §§4, 5, eff. Jan. 1, 2000; Acts 2004, No. 26, §3; Acts 2010, No. 738, §1.
2023 Louisiana Laws › Children's Code › Art. 1244.1. Opposition to intrafamily adoption; time limitations; appointment of counsel; attorney fees

Art. 1244.1. Opposition to intrafamily adoption; time limitations; appointment of counsel; attorney fees
A. A parent, whose rights have not been terminated in accordance with Title X or XI or who has not previously consented to the adoption in accordance with Article 1244, may oppose the adoption of his child by filing a clear and written answer and opposition to the adoption. The answer and opposition shall be filed with the court within fifteen days from the time of service of the filing of an intrafamily adoption petition.
B. Upon receipt of the opposition, the court shall appoint an attorney to represent the child, subject to the limitations in Article 1121. Neither the child nor anyone purporting to act on his behalf may be permitted to waive this right. The costs of the representation of the child shall be taxed as costs of court.
C. When the opposition provides that the parent cannot afford to hire an attorney, the court shall determine whether due process requires the appointment of counsel within twenty-one days of the filing of the opposition.
D. Notice shall be served in accordance with Articles 1133 and 1134 on the opposing parent, the legal custodian, the petitioner, counsel appointed for the child, counsel appointed for the parent, and the other parent not consenting to the adoption pursuant to Article 1144 or whose rights have not previously been terminated.
Acts 2010, No. 738, §1.
2023 Louisiana Laws › Children's Code › Art. 1245. Parental consent not necessary; burden of proof

Art. 1245. Parental consent not necessary; burden of proof
A. The consent of the parent as required by Article 1193 may be dispensed with upon proof by clear and convincing evidence of the required elements of either Paragraph B or C of this Article at the hearing on the opposition and petition.
B. When a petitioner authorized by Article 1243 has been granted custody of the child by a court of competent jurisdiction and any one of the following conditions exists:
(1) The parent has refused or failed to comply with a court order of support without just cause for a period of at least six months.
(2) The parent has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of at least six months.
C. When the spouse of a stepparent petitioner has been granted sole or joint custody of the child by a court of competent jurisdiction or is otherwise exercising lawful custody of the child and any one of the following conditions exists:
(1) The other parent has refused or failed to comply with a court order of support without just cause for a period of at least six months.
(2) The other parent has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of at least six months.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2008, No. 778, §1; Acts 2010, No. 738, §1.
2023 Louisiana Laws › Children's Code › Art. 1246. Intrafamily adoptions; petition; contents; form

Art. 1246. Intrafamily adoptions; petition; contents; form
The petition shall be styled: "In re _________________, Applying for Intrafamily Adoption." The petition or an attached exhibit shall state:
(1) The full name, address, age, occupation, and marital status of each petitioner.
(2) The name by which the child is known to petitioners as well as the name under which the birth of the child is recorded.
(3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.
(4) If known, the name of every parent whose consent to the adoption is required pursuant to Article 1193(1) and (2) and proof of their consent, or the name of every parent and the reason such consent is not required as authorized by Article 1245.
(5) The diligent efforts made in accordance with Article 1135(B), if the alleged father of the child is unknown, which establish that his rights should be terminated in accordance with Article 1135(A).
(6) The date and circumstances under which the child entered the home of the petitioner.
(7) Any relationship existing between the petitioner and the child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
2023 Louisiana Laws › Children's Code › Art. 1248. Service; resident parent

Art. 1248. Service; resident parent
A. If a parent upon whom service is required under Article 1247 resides within this state, service shall be made either personally or by domiciliary service not less than thirty days prior to the commencement of the hearing on the petition.
B. If any social security numbers are contained in the petition or in any of the exhibits attached to the petition, they may be redacted from the copies being served.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2012, No. 603, §1.
2023 Louisiana Laws › Children's Code › Art. 1249. Service; nonresident parent

Art. 1249. Service; nonresident parent
A. If a parent upon whom service is required under Article 1247 does not reside within this state, service shall be made by certified or registered mail, return receipt requested, postage prepaid, or by commercial courier as defined in R.S. 13:3204(D), to the address indicated in the petition not less than thirty days prior to commencement of the hearing on the petition.
B. If any social security numbers are contained in the petition or in any of the exhibits attached to the petition, they may be redacted from the copies being served.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2001, No. 567, §1; Acts 2012, No. 603, §1.
2023 Louisiana Laws › Children's Code › Art. 1250. Service; absentee parent; curator ad hoc

Art. 1250. Service; absentee parent; curator ad hoc
A. If a parent upon whom service is required pursuant to Article 1247 cannot be served in accordance with the provisions of Article 1248 or 1249, the court shall appoint an attorney at law as curator ad hoc for the parent and service shall be made upon the curator ad hoc.
B. If any social security numbers are contained in the petition or in any of the exhibits attached to the petition, they may be redacted from the copies being served.
C. Upon appointment of the curator ad hoc, a copy of the letter of appointment shall be forwarded to the department.
D. The fees and costs of the curator ad hoc shall be paid by the petitioner, notwithstanding any provision of law to the contrary.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2012, No. 603, §1.
2023 Louisiana Laws › Children's Code › Art. 1251. Duties of curator ad hoc

Art. 1251. Duties of curator ad hoc
A. The curator ad hoc shall make a diligent effort to locate the parent and notify him of the pendency and nature of the proceedings. Any appearances or acceptances of service by the curator ad hoc shall be valid, but he shall not be allowed to waive any rights of notice.
B. The curator ad hoc shall submit to the court a note of evidence indicating the efforts made to locate the parent and shall receive an appropriate fee.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1252. Duties of department; home study; confidential report

Art. 1252. Duties of department; home study; confidential report
A. The department shall not investigate the proposed intrafamily adoption except upon order of the court. If the court orders an investigation, it may request any information which it deems relevant and require that the department submit a confidential report of its findings to the court.
B. The department shall make every effort to locate any living parent whose consent is required under Article 1193 to determine the parent's attitude toward the proposed adoption. If a curator ad hoc has been appointed by the court pursuant to Article 1250, the department shall supply him with all information pertinent to the location of an absentee parent within fifteen days of its receipt of a copy of the order appointing the curator ad hoc.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2012, No. 603, §1.
2023 Louisiana Laws › Children's Code › Art. 1253. Hearing; petition for intrafamily adoption

Art. 1253. Hearing; petition for intrafamily adoption
A. The court shall hear the petition for intrafamily adoption within sixty days if there is no opposition or within ninety days if there is opposition. The court may extend this time for up to sixty days for good cause, which may include a showing by the department that it has been impossible to gather the necessary data within the time prescribed. The court may reduce the time to a minimum of fifteen days with written approval of the department and the petitioner.
B. At this hearing the court shall consider:
(1) Any motion to intervene which has been filed.
(2) Any other issues in dispute.
(3) The confidential report of the department, if any.
(4) The report of any criminal records concerning the petitioner, including the nature of the offenses, the number of offenses, and the length of time between the offenses and between the last offense committed and the petition for intrafamily adoption. The existence of a criminal record of the petitioner shall not be automatic grounds for the court to refuse to grant an intrafamily adoption.
(5) The report of any validated complaints of child abuse or neglect concerning the petitioner.
(6) The testimony of the parties.
C. If the child to be adopted is twelve years of age or older, the court shall solicit and consider his wishes in the matter.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2010, No. 738, §1; Acts 2013, No. 187, §1.
2023 Louisiana Laws › Children's Code › Art. 1254. Intervention

Art. 1254. Intervention
A. Intervention in intrafamily adoption proceedings shall not be allowed except on motion to the court and a showing of good cause.
B. Such intervention shall be limited to persons having a substantial caretaking relationship with the child for one year or longer, or any other person that the court finds to be a party in interest.
C. The intervention of a party in interest shall be for the limited purpose of presenting evidence as to the best interests of the child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1255. Final decree; notice; standard

Art. 1255. Final decree; notice; standard
A. The court, as a part of the final decree, shall provide notice of the provisions of R.S. 14:46.4 to the parties.
B. The court, after hearing and after taking into consideration information from all sources concerning the intrafamily adoption, may enter a final decree of adoption, or it may deny the adoption. The basic consideration shall be the best interests of the child.
C. When a court has granted custody to either the child's grandparents or his parent married to the stepparent petitioner, there shall be a rebuttable presumption that this adoption is in the best interests of the child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2014, No. 721, §1.
2023 Louisiana Laws › Children's Code › Art. 1256. Effect of final decree

Art. 1256. Effect of final decree
A. Except as otherwise provided by Paragraph C of this Article, upon a final decree of adoption, the parents of the child whose rights have not been previously terminated by a surrender or a judgment of termination and all other blood relatives of the adopted child are relieved of all their legal duties and divested of all their legal rights with regard to the adopted child including the right of inheritance from the adopted child and his lawful descendents, and the adopted child and his lawful descendents are relieved of all legal duties and divested of all legal rights with regard to the parents and other blood relatives.
B. The right of the child to inherit from his parents and other blood relatives is unaffected by the adoption.
C. If the adoptive parent is married to a blood parent of the adopted child, the relationship of that blood parent and his blood relatives to the adopted child shall remain unaltered and unaffected by the adoption.
D. Under the circumstances and pursuant to the procedures authorized by Chapter 14 of this Title, grandparents may obtain limited visitation rights to the adopted child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1259. Appeal of judgment; time limitations

CHAPTER 12. APPEAL
Art. 1259. Appeal of judgment; time limitations
A. Any party to the proceedings or any other party in interest shall have the right to appeal a judgment granting or refusing to grant an interlocutory or final decree regarding any type of adoption within thirty days after the rendition of a judgment or decree.
B. If no appeal is perfected within thirty days after a judgment is rendered, the judgment shall be final.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1261. Suspensive nature

Art. 1261. Suspensive nature
All appeals from any judgment rendered in accordance with this Title shall be suspensive in nature. There shall be no requirement for posting of bond. Otherwise, the appeal shall be governed by Chapter 9 of Title III.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1263. Time limitations; finality

Art. 1263. Time limitations; finality
A. An action to annul a final decree of adoption based upon a claim of fraud or duress perpetrated by anyone other than the adoptive parent must be brought within six months from discovery of the fraud or duress and in no event later than one year from the date of the signing of the final decree or mailing of the judgment when required.
B. An action to annul a final decree of adoption based upon a claim of fraud or duress perpetrated by an adoptive parent must be brought within six months from discovery of the fraud or duress and in no event later than two years from the date of the signing of the final decree or mailing of the judgment when required.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1997, No. 796, §1, eff. July 1, 1997; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2001, No. 838, §1, eff. July 1, 2001; Acts 2003, No. 776, §1, eff. July 1, 2003.
NOTE: See Acts 2003, No. 776, §2, relative to time of actions to annul a final decree of adoption.
2023 Louisiana Laws › Children's Code › Art. 1264. Post-adoption visitation rights of grandparents

CHAPTER 14. VISITATION RIGHTS OF GRANDPARENTS
Art. 1264. Post-adoption visitation rights of grandparents
Notwithstanding any provision of law to the contrary, the natural parents of a deceased parent whose child is thereafter adopted and the parents of a party who has forfeited the right to object to the adoption of his child pursuant to Article 1245 may have limited visitation rights to the minor child so adopted.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2023, No. 16, §1.
2023 Louisiana Laws › Children's Code › Art. 1267. Burden of proof

Art. 1267. Burden of proof
The grandparents requesting limited visitation rights shall prove both of the following:
(1) That they have been unreasonably denied visitation rights.
(2) That such limited visitation rights would be in the best interests of the minor child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1268. Evidence

Art. 1268. Evidence
A. The court, on its own motion or on motion of any party, may order an investigation to be conducted by the department or may order such psychological evaluations as deemed necessary.
B. The court shall consider all relevant factors in making its determination, including but not limited to reports of psychological evaluations.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1269.1. Continuing contact agreements; voluntary

CHAPTER 14-A. CONTINUING CONTACT
Art. 1269.1. Continuing contact agreements; voluntary
Agreements for continuing contact by certain biological relatives or foster parents with an adopted child after an adoption do not violate any public policy of this state, provided the adopting parents and biological relative or foster parent voluntarily execute the agreement in conformity with the requirements of this Chapter.
Acts 2008, No. 583, §§1, 2.
2023 Louisiana Laws › Children's Code › Art. 1269.2. Continuing post-adoption contact; foster child adoptions

Art. 1269.2. Continuing post-adoption contact; foster child adoptions
A. In an agency adoption in which the department is the custodian of the child, the court may approve an agreement executed in conformity with the requirements of this Chapter that provides for continuing contact between the child to be adopted and his grandparent, sibling, and any parent whose consent or relinquishment is required for the adoption of the person, if both of the following conditions are met:
(1) The child has an established, significant relationship with that person to the extent that its loss would cause substantial harm to the child.
(2) The preservation of the relationship would otherwise be in the best interest of the child.
B. If there is no parental relationship that meets the requirements of Paragraph A of this Article, the court may approve an agreement, executed in conformity with the requirements of this Chapter, that provides for continuing contact between the child to be adopted and any other relative or foster parent whose relationship with the child meets those requirements.
C. When adoption is approved by the court as the permanent plan for the child, the department shall inform any parent, grandparent, sibling, or any other relative or foster parent who meets the requirements of Paragraph A or B of this Article of the possibility of post-adoption contact with the child upon agreement with the adoptive parents in accordance with the provisions of this Chapter.
Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2003, No. 567, §1; Acts 2008, No. 583, §§1, 2.
2023 Louisiana Laws › Children's Code › Art. 1269.4. Filing with court; time limitations

Art. 1269.4. Filing with court; time limitations
A. Within ten days after the petition is filed, the department, attorney for the child, attorney for the parent, or attorney for the prospective adoptive parents shall file in the court in which the adoption is pending an agreement for continuing contact.
B. The agreement may be filed later than ten days after execution only with leave of court for good cause shown.
C. If either the department or counsel for the child objects to the agreement, the court may conduct a hearing before approving the agreement.
Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2003, No. 567, §1; Acts 2008, No. 583, §2; Acts 2014, No. 354, §1.
2023 Louisiana Laws › Children's Code › Art. 1269.5. Court approval; incorporation into judgment

Art. 1269.5. Court approval; incorporation into judgment
A. The court shall review a continuing contact agreement executed in conformity with the requirements of this Chapter.
B. If the court finds that an agreement serves the best interest of the child, the agreement shall be incorporated into a judgment of the court. An agreement reached by the parties and approved by the department and counsel representing the child is presumed to serve the best interest of the child. The judgment shall provide that failure to comply with the terms of the agreement does not constitute grounds for annulling a surrender or the final decree of adoption.
C. If the court rejects the agreement, it shall make specific findings of fact in support of its conclusion that the best interest of the child would not be served by approval of the agreement. The factors to be considered shall include:
(1) The duration of the child's relationship with the parent, grandparent, sibling, or other relative by blood, adoption, or affinity seeking continuing contact.
(2) The strength of the psychological attachment between the child and the individual seeking continuing contact.
(3) The resulting harm to the child if the relationship is not preserved.
D. The court may receive expert testimony on the issue of continuing contact.
E. If the child is twelve years of age or older, the court shall solicit and consider the child's wishes in the matter.
Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2008, No. 583, §2.
2023 Louisiana Laws › Children's Code › Art. 1269.6. Effect; continuing contact agreement

Art. 1269.6. Effect; continuing contact agreement
A. A continuing contact agreement shall be enforceable only if filed with the court and approved in accordance with Article 1269.5.
B. Failure to comply with the terms of an agreement made pursuant to this Chapter is not grounds for nullifying a surrender or an adoption decree or revocation by a biological parent of a surrender or consent to an adoption or for any action seeking the child's custody. Failure to include this warning in the judgment as required by Article 1269.5 shall not affect the adoption.
Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2008, No. 583, §2.
2023 Louisiana Laws › Children's Code › Art. 1269.7. Agreements confected after final decree

Art. 1269.7. Agreements confected after final decree
The adoptive parent and any relative or foster parent who may be permitted continuing contact by Article 1269.2(B) may enter into an agreement regarding communication or contact after entry of a final decree of adoption. Any such agreement shall be enforceable only if filed with the court and approved in accordance with this Chapter.
Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2008, No. 583, §§1, 2.