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2023 Louisiana Laws › Children's Code › Art. 736. Taking child into custody without a court order

Art. 736. Taking child into custody without a court order
A. A peace officer or probation officer of the court may take a child into custody without a court order if he has reasonable grounds to believe that the child's family is in need of services and that the child's conduct or surroundings are such as to endanger his welfare and that immediate removal appears to be necessary for his protection or control.
B. If the child is taken into custody without a court order or warrant, the peace officer shall have the responsibility either to:
(1) Counsel and release the child to the care of his parents or legal custodian upon a written promise to bring the child to court at such time as may be fixed by the court.
(2) Promptly take the child to a shelter care facility.
C. If the officer does not release the child to the care of his parents, the officer promptly shall notify the child's parents that he has been taken into custody.
D. The officer shall submit a report to the district attorney or the officer designated by the court to receive such reports. The report shall include:
(1) The name, address, date of birth, sex, and race of the child.
(2) The name and address of the parents, or spouse, if any, of the child.
(3) A plain and concise statement of the facts and circumstances of the officer's taking the child into custody.
(4) A plain and concise statement of facts and circumstances showing reasonable grounds to believe that the family is in need of services and that the child's conduct or surroundings are such as to endanger his welfare, and that immediate removal appears to be necessary for his protection or control.
(5) A statement indicating whether the child was released or conducted to a shelter care facility.
E. If the child is released pursuant to Paragraph B of this Article, the report shall be submitted by the officer within seven days from the child's release. If the child is not so released, the report shall be submitted within twenty-four hours of the child being taken into custody.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.
2023 Louisiana Laws › Children's Code › Art. 736.1. Immunity

Art. 736.1. Immunity
Any law enforcement officer acting in good faith upon the request of a parent or guardian, exercising due care in the taking into custody a runaway child, or providing assistance thereto, pursuant to the provisions of this Title shall have immunity from any civil liability that otherwise might be incurred or imposed because of the report, taking into custody, or assistance provided. The limitation of liability provided by this Article shall not extend to acts constituting negligence, a violation of the law, or a violation of the confidentiality provisions of this Code, including those contained in Article 412.
Acts 2001, No. 840, §1; Acts 2017, No. 362, §1.
2023 Louisiana Laws › Children's Code › Art. 737. Place of prehearing placement upon a taking into custody

Art. 737. Place of prehearing placement upon a taking into custody
A. When taken into custody, the child shall be placed in the least restrictive prehearing placement consistent with the child's need for protection or control, in the following order of priority:
(1) The home of a relative who is of the age of majority and who is willing and able to offer a wholesome and stable environment for the child subject to the supervision of the court.
(2) The home of a suitable adult who is concerned about the child and who is willing and able to offer a wholesome and stable environment for the child subject to the supervision of the court and who is eligible for certification as an emergency foster home pursuant to R.S. 46:281 through 286 or R.S. 46:1406 et seq.
(3) A shelter care facility for juveniles.
(4) A secure detention facility, until a hearing is held within twenty-four hours after the child's entry into custody in accordance with Article 739, if the child can be detained separately from children who have been adjudicated delinquent and both of the following apply:
(a) Non-secure placement is not available to meet the child's need for protection or control.
(b) There are reasonable grounds to believe that the child is a runaway, ungovernable, or otherwise at substantial risk of failing to appear at the next scheduled hearing if released to the custody of a parent or guardian.
B. If the court finds that the child is in need of medical or psychological evaluation or treatment, it may issue orders in accordance with Article 760 or 761 and, if necessary, place the child in a medical facility for such evaluation or treatment.
C. If the court finds reasonable grounds to believe that the conduct of the child indicates that he is suffering from mental illness or substance abuse, the court may refer the child to a physician for an assessment in accordance with Article 1422.
D. Any records and reports related to placement of a child into custody under any of the provisions of this Title shall be confidential and shall not be disclosed unless specifically authorized by provisions of this Code, including Article 412.
Acts 1991, No. 235, §7; Acts 1995, No. 1095, §3; Acts 1999, No. 1313, §1; Acts 2017, No. 362, §1.
2023 Louisiana Laws › Children's Code › Art. 738. Release from custody

Art. 738. Release from custody
A. As soon as practicable after a child is received by a shelter care facility or a secure detention facility, the court or a probation officer employed and authorized by the court, upon determining it to be appropriate, shall release the child to the care of his parents or other relatives or caretakers upon their written promise to bring him to court at such times as may be fixed by the court and to comply with other orders of the court for the child's evaluation or treatment, if any. The court may also impose reasonable restrictions upon the child's travel, place of abode, association with other people, or employment during this period of release.
B. If the court finds that release under Paragraph A of this Article is inappropriate, it may authorize the continued custody of the child pending the holding of a continued custody hearing within the time limitations established in Article 739.
C. An appropriate representative of the agency that took the child into custody shall be responsible for transporting the child to the adjudication or disposition hearing, or both, and transporting the child back to the shelter care facility or secure detention facility as determined by the court through its order or judgment of disposition.
D. Repealed by Acts 2017, No. 362, §5.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1; Acts 2017, No. 362, §§1, 5.
2023 Louisiana Laws › Children's Code › Art. 739. Continued custody hearing; time limitations

Art. 739. Continued custody hearing; time limitations
A. If the child is not released to the care of his parents, a hearing shall be held by the court within three days after the child's entry into custody. The hearing may be continued for up to three additional days upon motion and with good cause shown. If the hearing is not timely held, the child shall be released unless the hearing is continued at the request of the child.
B. If pursuant to Article 737(A) the child is being held in a secure detention facility, a hearing shall be held within twenty-four hours, excluding weekends and holidays, after the child's entry into custody. If the hearing is not timely held, the child shall be released unless the hearing is continued at the request of the child.
C. At this hearing, the state has the burden of proving the existence of a ground for continued custody pursuant to Article 741.
D. Hearsay evidence shall be admissible at this hearing.
E. Notwithstanding any other provisions of this Code to the contrary, and due to the expedited nature of these hearings, in a judicial district comprised of more than one parish, a continued custody hearing may be conducted in any parish in the judicial district.
Acts 1991, No. 235, §7; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1313, §1; Acts 2008, No. 634, §1.
2023 Louisiana Laws › Children's Code › Art. 740. Advice of rights

Art. 740. Advice of rights
A. At the continued custody hearing, the court shall advise the parents and the child, in terms understandable by the child, of:
(1) The nature of the proceedings.
(2) The nature of the allegations.
(3) The informal family services plan procedure.
(4) The right to an adjudication hearing.
(5) The right to retain and be represented by an attorney.
(6) The nature of Families in Need of Services proceedings as set forth in Article 792 and the confidentiality of Families in Need of Services records as set forth in Article 793.
B. If a petition seeking a formal adjudication is filed, the court shall appoint independent legal counsel for the child, or refer the child for representation by the district public defender. Neither the child nor anyone purporting to act on his behalf may be permitted to waive this right. If the court finds that the parents of the child are financially able, it may order the parents to pay some or all of the costs of the child's representation.
C. If a petition seeking a formal adjudication is filed, the court shall also advise the child of his privilege against self-incrimination.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1; Acts 1999, No. 1317, §3; Acts 2007, No. 307, §9; Acts 2017, No. 362, §1.
2023 Louisiana Laws › Children's Code › Art. 741. Grounds for continued custody

Art. 741. Grounds for continued custody
The court may authorize the continued custody of a child prior to adjudication if there are reasonable grounds to believe that the child is in need of services and that continued custody is necessary for his protection or control.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.
2023 Louisiana Laws › Children's Code › Art. 742. Place of continued custody

Art. 742. Place of continued custody
A. Following the hearing required by Article 739, the court shall order the least restrictive preadjudication placement consistent with the child's need for protection or control as authorized by Article 737(A)(1) through (3).
B. The court may detain the child in a secure detention facility for up to twenty-four hours, excluding weekends and holidays, only for the purpose of providing adequate time to arrange for an appropriate non-secure alternative placement in accordance with Article 737 pending the adjudication hearing.
C. If appropriate, the court may also enter orders for evaluation or treatment in accordance with Article 737(B) and (C).
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1; Acts 2017, No. 362, §1.
2023 Louisiana Laws › Children's Code › Art. 812. Taking child into custody

CHAPTER 4. PREADJUDICATION CUSTODY AND
RELEASE OF CHILDREN
Art. 812. Taking child into custody
A. A child may be taken into custody pursuant to an order of the court under this Title or pursuant to the laws governing arrest.
B. The taking of a child into custody is not an arrest, except for the purpose of determining its validity under the Constitution of the United States or the Constitution of Louisiana.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 813. Taking child into custody with a court order; filing of verified complaint; execution

Art. 813. Taking child into custody with a court order; filing of verified complaint; execution
A. The court may issue an order directing that a child be taken into custody upon presentation to the court of a written statement of facts sworn to before an officer authorized by law to administer oaths, by a peace officer, probation officer, district attorney, or other person designated by the court alleging facts showing that there is probable cause to believe either that:
(1) The child has committed a delinquent act.
(2) The child has violated the terms of his probation or otherwise has violated the terms of his release.
B. The verified complaint shall be filed with the clerk of court. If it is filed after the child has been taken into custody, the complaint shall indicate whether the child was released to his parents or continued in custody.
C. An order directing that a child be taken into custody may be executed by a peace officer or the child's probation officer having territorial jurisdiction over the child. The officer shall promptly notify the child's parents that their child has been taken into custody. The officer shall also promptly conduct the child to the appropriate facility in accordance with Article 815.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1995, No. 1158, §1.
2023 Louisiana Laws › Children's Code › Art. 815.1. Alternative to detention programs

Art. 815.1. Alternative to detention programs
A. Each judicial district or parish may develop a program or programs to serve as alternatives to secure detention of a child. Such program shall be used only for a child taken into custody for the commission of a delinquent act who is not released pursuant to Article 814.
B. An alternative to detention program may be operated either by a nonprofit or government entity.
C. There shall be no fees associated with participation in an alternative to detention program. Funding may be provided by any source, including through a contract with the office of juvenile justice. Any program funded by the office of juvenile justice shall comply with any requirements established by the office of juvenile justice for the purpose of receiving and retaining such funding.
D. An alternative to detention program shall be considered a form of detention and the time periods set forth in Articles 854 and 877 shall apply unless waived by the child. No child shall remain enrolled in an alternative to detention program following a disposition hearing, except as an alternative to placement in detention or other out-of-home placement.
E. An alternative to detention program is intended to serve the same limited purpose as secure detention as set forth in R.S. 15:1110. The child's participation in an alternative to detention program shall not be considered an adjudication nor shall it suspend delinquency proceedings. An alternative to detention program may include rehabilitative components, but continued participation in the program shall not be required post-adjudication, except as an alternative to detention of the child or other out-of-home placement. Placement of a child in an alternative to detention program does not preclude the child from being referred to treatment programs that are not required as a condition of the child's release from detention.
Acts 2019, No. 147, §1.
2023 Louisiana Laws › Children's Code › Art. 816. Record of detention center; access

Art. 816. Record of detention center; access
A. Every juvenile detention center shall maintain a permanent record of certain information as to each child received. The record shall include:
(1) The child's name, age, sex, race, and address.
(2) The reason the child is being taken into custody.
(3) The date and time of the child's entry into and exit from the juvenile detention center.
(4) The name of the officer and the law enforcement agency employing the officer who brings the child to the juvenile detention center.
B. The record in which such information is kept shall not be open for public inspection. Peace officers, probation officers, counsel representing the child, the district attorney, persons collecting statistical information, and authorized officers of the court shall have access to the record.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
2023 Louisiana Laws › Children's Code › Art. 817. Release from custody

Art. 817. Release from custody
A. As soon as practicable after a child is received by a juvenile detention center or shelter care facility, the court or an individual or entity authorized by the court to make the determination, shall, upon determining it to be appropriate, release the child to the care of his parents or other relatives upon their written promise to bring him to court at such times as may be fixed by the court. The court may also impose reasonable restrictions upon the child's travel, place of abode, association with other people, or employment during the period of this release.
B. If the court finds that these conditions are insufficient to assure the presence of the child at later proceedings, the court may require the posting of bail in accordance with Chapter 6 of this Title.
C. If the court finds that release under neither Paragraph A or B of this Article is appropriate, it may authorize the continued custody of a child pending a hearing in accordance with Chapter 5 of this Title.
D. If custody is continued, an appropriate representative of the arresting agency shall be responsible for transporting the child to the adjudication or dispositional hearing, or both, and transporting the child back to the juvenile detention center or to such state or local facility as determined by the court through its order or judgment or disposition.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2019, No. 147, §1.
2023 Louisiana Laws › Children's Code › Art. 818. Identification procedures

Art. 818. Identification procedures
A. A child may be photographed or fingerprinted in connection with being taken into custody for the commission of either:
(1) A felony-grade delinquent act.
(2) A misdemeanor-grade delinquent act.
B. Upon motion of the district attorney, the court in its discretion can order any child to submit to other reasonable identification procedures, such as to provide handwriting exemplars or to stand in a lineup.
C. Fingerprints and photographs taken pursuant to Paragraph A of this Article shall be maintained and indexed separately from those of adults. They shall be made available only to law enforcement and correctional agencies for purposes related to their official functions. Fingerprints taken pursuant to Paragraph A of this Article shall be submitted to the central fingerprint repository maintained by the Louisiana Bureau of Criminal Identification and Information as specified under R.S. 15:590 et seq., and to the fingerprint repository, if any, maintained by the local law enforcement agency.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 1078, §1; Acts 2008, No. 641, §1; Acts 2009, No. 158, §1.
2023 Louisiana Laws › Children's Code › Art. 743. Mandatory conference

CHAPTER 5. INFORMAL FAMILY SERVICES PLAN PROCEDURE
Art. 743. Mandatory conference
A. Except in emergencies or where the court determines it to be inappropriate, the court, its officer, or any person it designates shall convene a conference to be attended by the child, his parents or other legal custodian, and representatives of any public institution or agency having legal responsibility or discretionary ability to supply services to the family, which according to the petition are needed.
B. This conference may be held at any time before or after a petition is filed but shall be held before any appearance to answer is made.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 744. Informal family services plan agreement

Art. 744. Informal family services plan agreement
A. After any preadjudication conference, the child, his caretakers, and any service provider may effect an informal family services plan agreement.
B. An informal family services plan agreement shall include:
(1) The identification of the conduct of the child, caretaker, or any family member which is causing serious harm to the child and the services needed by that individual to mitigate or eliminate the problems within the family unit.
(2) A description of the services which are needed for the child, his caretakers, or other family members, the availability of such services within the community, and a plan for ensuring that any such services that are available will be secured and delivered.
(3) A description of all expected action to be taken by the child, his caretakers, or other family members.
(4) The name of the person within the affected public service agency who is directly responsible for assuring that the informal family services plan agreement is implemented.
(5) An estimate of the time anticipated to be necessary in order to accomplish the goals set out in the agreement.
C. An informal family services plan agreement shall set forth in writing the terms and conditions agreed to by the parties. It shall be signed by the convenor of the informal adjustment conference and all parties.
D. The informal family services plan agreement must demonstrate that the child and his caretakers understand their right to an adjudication hearing on their need for services. It must also demonstrate that they consent to its terms with knowledge that their consent is not obligatory and with knowledge of the effect of the agreement as set out hereinafter in Article 745.
E. The duration of the informal family services plan agreement shall not exceed six months; however, the court may extend the agreement for one additional period not to exceed six months.
F. If a petition has been filed, the informal family services plan agreement shall be filed in the record.
Acts 1991, No. 235, §7; Acts 1992, No. 705, §1, eff. July 6, 1992.
2023 Louisiana Laws › Children's Code › Art. 745. Effect of informal family services plan agreement; confidentiality

Art. 745. Effect of informal family services plan agreement; confidentiality
A. An informal family services plan agreement shall not be considered an adjudication. Evidence of the existence of such an agreement shall not be used against the child, the caretaker, or other family member over objection in any adjudication hearing or criminal trial. Such evidence may, however, be used in a disposition hearing in the juvenile court or for the purpose of a presentence investigation after a criminal conviction.
B. An informal family services plan agreement suspends the proceedings on the conduct alleged in a family in need of services complaint or petition. If any of the terms of the agreement are violated, the case may proceed to an adjudication hearing on the allegations. If the child, caretaker, or other family member satisfies the terms of the agreement, he shall be discharged from further services or supervision, and the pending complaint or petition shall be dismissed with prejudice.
C. Any incriminating statement made by the child, caretaker, or other family member during discussions or conferences incident to the informal family services plan agreement shall not be used against the declarant, over objection, in an adjudication hearing or criminal trial. Any such statement may be reported as the basis for a referral to the local child protection unit of the Department of Children and Family Services in accordance with Article 610, if it causes the intake officer to believe that a child's physical or mental health or welfare is endangered by abuse or neglect. Any such statement may be used in a disposition hearing in the juvenile court or for the purpose of a presentence investigation after a criminal conviction.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1; Acts 2001, No. 567, §1.
2023 Louisiana Laws › Children's Code › Art. 746. Authority to file petition

CHAPTER 6. PETITION AND SUMMONS
Art. 746. Authority to file petition
If there are reasonable grounds to believe that the family is in need of services, a family in need of services proceeding shall be commenced by a petition filed by the district attorney or any other attorney authorized by the court.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.
2023 Louisiana Laws › Children's Code › Art. 747. Time for filing of petition; child in custody

Art. 747. Time for filing of petition; child in custody
A. If a child is continued in custody prior to adjudication, a petition requesting that the family be adjudicated in need of services shall be filed within thirty days of the hearing to determine continued custody.
B. Upon motion and good cause shown, the time for filing a petition may be extended by the court.
C. If no petition is filed within the applicable time period, the child shall be returned to the parent.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 748. Form of petition

Art. 748. Form of petition
A. The petition shall contain a caption setting forth the name of the court and the title of the action. The petition shall be entitled, "The State of Louisiana in the Interest of...".
B. Allegations of fact shall be simple, concise, and direct and shall be set forth in numbered paragraphs. As far as practicable, each paragraph shall be limited to a single set of circumstances. Allegations of fact may be made on information and belief.
C. Failure to comply with formal requirements of this Article shall not be grounds for dismissal of a petition or invalidation of the proceedings unless it results in substantial prejudice.
Acts 1991, No. 235, §7; Acts 2014, No. 133, §1.
2023 Louisiana Laws › Children's Code › Art. 749. Contents of petition

Art. 749. Contents of petition
A. The petition shall set forth with specificity:
(1) The name, date, and place of birth, sex, race, address, and present location of the child.
(2) The name, age, sex, race, and current address of the child's parents and caretakers.
(3) The name, age, sex, and race of any other family members living within the child's home.
(4) The name of any public institution or agency having the responsibility or ability to supply services alleged to be needed by the family.
(5) A statement as to whether the child is currently under the supervision of any state or local entity, including but not limited to, the Department of Children and Family Services or the Department of Public Safety and Corrections, youth services, or the office of juvenile justice.
(6) A statement as to whether the petitioner knows or has reason to know that the child is an Indian child and facts that support that statement.
B. If any of the information required by Paragraph A of this Article is unknown, the petition shall so allege. Any defects in the allegations required by Paragraph A of this Article shall be considered defects of form. The petitioner shall inform the court if he subsequently discovers information indicating that the child is an Indian child.
C. The petition shall aver one or more of the grounds set out in Article 730.
D. The petition shall also aver that all available and appropriate attempts to encourage voluntary use of community services by the family have been exhausted.
E. The petition shall conclude with a request that the court intervene to adjudicate the family to be in need of services.
Acts 1991, No. 235, §7; Acts 2012, No. 660, §1; Acts 2018, No. 296, §1.
2023 Louisiana Laws › Children's Code › Art. 750. Amendment of petition

Art. 750. Amendment of petition
A. Without leave of court, the court's designate may amend the petition at any time prior to the adjudication hearing to add new names of agencies or institutions having the legal responsibility to provide services to the family or to delete the names of agencies or institutions named in the original petition.
B. The petitioner may amend the petition at any time to cure defects of form, imperfection, omission, or uncertainty.
C. Prior to the adjudication hearing, the petitioner may amend the petition to include new allegations of fact or requests for adjudication.
D. Prior to the adjudication hearing, the petitioner may dismiss the family in need of services petition and instead file a petition which alleges delinquency pursuant to Title VIII of this Code or that a child is in need of care pursuant to Title VI of this Code.
E. On motion of the child or parent that he has been prejudiced in his defense on the merits by defect of form, imperfection, omission, or uncertainty, the court may grant a continuance for a reasonable time. In determining whether the child or parent has been prejudiced in his defense upon the merits, the court shall consider all circumstances of the case and the entire course of the proceedings.
Acts 1991, No. 235, §7; Acts 2021, No. 270, §1.
2023 Louisiana Laws › Children's Code › Art. 752. Service and return; resident caretaker

Art. 752. Service and return; resident caretaker
A. If a caretaker resides within the state, service shall be made personally or by domiciliary service or by certified mail as soon as possible and not less than fifteen days prior to commencement of the adjudication hearing on the matter.
B. The person effecting service shall execute a return and, if service was made by certified mail, the return receipt shall be attached thereto.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 753. Summons; resident caretaker

Art. 753. Summons; resident caretaker
A. When any petition involves a child whose caretaker is a resident of this state, the court shall issue a summons commanding that the child, his caretaker, and such other persons as the court deems proper appear before the court at a designated time and place.
B. If the petition identifies a public agency having the responsibility or ability to provide services needed by any family member, a summons shall also be served upon the director of the agency or any employee designated by the director to the court to receive notice of family in need of services petitions.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 755. Service; nonresident caretaker

Art. 755. Service; nonresident caretaker
A. If a caretaker does not reside within this state, service shall be made by certified mail to the address indicated in the petition, return receipt requested, not less than fifteen days prior to commencement of the adjudication hearing on the matter.
B. The person effecting the service shall file the return receipt as proof of service.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 756. Appearance to answer petition; time

CHAPTER 7. ANSWER TO PETITION
Art. 756. Appearance to answer petition; time
A. If no informal family services plan agreement has been made, the court shall require the child, the child's caretaker, or other family member served with the petition to appear to answer the petition at any time prior to the adjudication hearing but no later than forty-five days after the filing of the petition.
B. The court may also permit the parties to stipulate that the family is in need of services.
C. If the petition is filed prior to or during the hearing to determine continued custody, the court may order any party to answer the petition upon completion of the hearing or permit the entry of a stipulation that the family is in need of services.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 757. Stipulation; consent to judgment

Art. 757. Stipulation; consent to judgment
With the consent of the petitioner and district attorney, any party may stipulate that the family is in need of services, with or without admitting the allegations of the petition, provided that:
(1) The person so stipulating personally appears before the court unless absent with the court's approval.
(2) The court fully informs the person of rights, if any, as required by Article 740.
(3) The court fully informs the person of the consequences of such a stipulation.
(4) The person knowingly and voluntarily consents to the judgment.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 759. Answer to petition

Art. 759. Answer to petition
After the child and his caretaker have been advised pursuant to Article 740, the court shall determine whether each admits or denies the allegations of the petition.
(1) If either the caretaker or child denies the allegations, the court shall set the matter for adjudication.
(2) If both the child and the caretaker admit that the allegations of the petition are true or stipulate that the family is in need of services, the court shall determine whether there is a factual basis for adjudication and if the child and caretaker consent to adjudication. If so, the court may accept a consent judgment and order a predisposition investigation.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 760. Medical, sensory, psychological, and psychiatric examinations

CHAPTER 8. SPECIAL MOTIONS AND DISCOVERY
Art. 760. Medical, sensory, psychological, and psychiatric examinations
A. On its own motion or on the motion of any party, the court may order any child of the family or the caretaker to be examined by a physician, optometrist, or audiologist.
B. On its own motion or on motion of any party, after a contradictory hearing and a showing of good cause, the court may order any child of the family or the caretaker to be examined by a psychologist or a psychiatrist.
C. Any examination as herein provided shall be made and the findings submitted to the court within thirty days of the date the order is entered. Such period may be extended by the court for good cause.
D. Copies of any reports of findings submitted to the court shall be available to counsel for all parties.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 761. Medical treatment of children; costs

Art. 761. Medical treatment of children; costs
A. On its own motion or on the motion of any party, the court may order the caretaker to provide medical or surgical care needed by the child.
B. If the caretaker fails to provide such care, the court may order such care or treatment and, after due notice to the caretaker, order him to pay all or part of the expense.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 763. Motions to dismiss

Art. 763. Motions to dismiss
A. All objections to the proceedings, including objections based on defects in the petition and defenses capable of determination as a matter of law, may be raised by motion to dismiss.
B. Upon a finding of grounds to dismiss the petition as provided in Paragraph A of this Article, the court shall order that the petition be dismissed.
Acts 1991, No. 235, §7; Acts 2022, No. 176, §1.
2023 Louisiana Laws › Children's Code › Art. 765. Time for setting adjudication hearing

CHAPTER 9. ADJUDICATION
Art. 765. Time for setting adjudication hearing
A. If the child is in continued custody pursuant to Chapter 4 of this Title, the adjudication hearing shall commence within thirty days of the appearance to answer the petition. If the child is not continued in custody, the adjudication hearing shall commence within ninety days of the appearance to answer the petition.
B. For good cause, the court may extend such period.
C. If the hearing has not been commenced timely, upon motion of the child, the court shall release a child continued in custody and may dismiss the petition.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 767. Presence at adjudication hearing; exclusion of witnesses

Art. 767. Presence at adjudication hearing; exclusion of witnesses
A. The child, his caretakers, counsel, the petitioner, the district attorney, authorized officials of the court, and witnesses called by the parties may be present at the adjudication hearing.
B. The court may admit any other person who has a proper interest in the proceedings or the work of the court.
C. On its own motion the court may, and on the request of a party the court shall, order that the witnesses, other than parties, be excluded from the courtroom or from a place where they can see or hear the proceedings, and refrain from discussing the facts of the case with anyone other than counsel in the case. In the interest of justice, the court may exempt any witness from its order.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 767.1. Federal Indian Child Welfare Act inquiry

Art. 767.1. Federal Indian Child Welfare Act inquiry
A. At the commencement of the adjudication hearing, the court shall inquire as to whether the petitioner or any person before the court knows or has reason to know that the child is an Indian child. If no person before the court responds affirmatively, the court may proceed, although it shall instruct each person before the court to inform the court if he subsequently discovers information indicating that the child is an Indian child.
B. In accordance with Article 767.2, if the court finds that there is reason to know that the child is an Indian child, the court shall immediately proceed pursuant to the federal Indian Child Welfare Act and the regulations promulgated thereunder.
C. If a tribe fails to respond to multiple requests for verification that the child is an Indian child and the court or Department of Children and Family Services has sought the assistance of the Bureau of Indian Affairs in contacting the tribe, the court may make the determination that the child is not an Indian child based on the information it has available and proceed to adjudication in accordance with this Title.
Acts 2018, No. 296, §1.
2023 Louisiana Laws › Children's Code › Art. 767.2. Reason to know a child is an Indian child; federal Indian Child Welfare Act

Art. 767.2. Reason to know a child is an Indian child; federal Indian Child Welfare Act
Upon conducting the inquiry required by Article 767.1, a court has reason to know that a child is an Indian child if any of the following occurs:
(1) A person before the court, an officer of the court involved in the proceeding, an Indian tribe, an Indian organization, or an agency informs the court that the child is an Indian child.
(2) A person before the court, an officer of the court involved in the proceeding, an Indian tribe, an Indian organization, or an agency informs the court that it has discovered information indicating that the child is an Indian child.
(3) The child who is the subject of the proceeding gives the court reason to know that he is an Indian child.
(4) The court is informed that the domicile or residence of the child, the child's parent, or the child's Indian custodian is on a reservation or in an Alaska Native village.
(5) The court is informed that the child is or has been a ward of a Tribal court.
(6) The court is informed that either parent or the child possesses an identification card indicating membership in an Indian tribe.
Acts 2018, No. 296, §1.
2023 Louisiana Laws › Children's Code › Art. 771. Adjudication order

Art. 771. Adjudication order
A. Following the adjudication, the court shall immediately declare whether the evidence warrants an adjudication that the family is in need of services. In exceptional circumstances, the court may take the matter under advisement.
B. If the court finds that the evidence does not warrant an adjudication that the family is in need of services, it shall dismiss the petition.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 772. Vacation of adjudication

Art. 772. Vacation of adjudication
A. On motion of the child or his caretaker, an adjudication shall be vacated and a new adjudication hearing ordered if, after contradictory hearing, the court finds that:
(1) The adjudication was obtained by fraud or mistake sufficient to justify vacating the adjudication.
(2) The court making the adjudication lacked jurisdiction.
(3) New evidence not previously discoverable by due diligence requires vacating the adjudication in the interest of justice. A motion based upon this ground must be brought within one year of the adjudication.
B. In the interest of justice, the court may vacate an adjudication prior to disposition.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 773. Predisposition investigation and report

CHAPTER 10. PREDISPOSITION INVESTIGATION
Art. 773. Predisposition investigation and report
Following adjudication, the court may order a predisposition investigation. The investigation shall include inquiring into the circumstances surrounding the factual allegations of the petition and shall gather the information required by Article 744(B). A written report of the investigation and findings shall be submitted to the court prior to the disposition hearing.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 774. Physical and mental examination for disposition

Art. 774. Physical and mental examination for disposition
A. Following the adjudication, the court may order such physical and mental examination and evaluation of any child of the family and his caretaker as may be helpful in determining a fair and just disposition.
B. After giving the caretaker a reasonable opportunity to be heard, the court may order that he shall contribute to the cost of any court-ordered examination or evaluation in an amount commensurate with his ability to pay.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 775. Notice of predisposition report and examination

Art. 775. Notice of predisposition report and examination
A. Prior to or during the disposition hearing, the court shall advise the child and his caretaker of the factual contents and the conclusions of the predisposition report authorized by Article 773 and any other reports considered by the court.
B. If the court has ordered a mental examination of the child or his caretaker pursuant to Article 774, the court, prior to the disposition hearing, shall provide the counsel for the child and caretaker with copies of reports submitted in connection with such mental examination.
C. The court shall afford the child and his caretaker fair opportunity to controvert factual contents and conclusions disclosed pursuant to Paragraphs A and B of this Article.
D. A copy of any reports relevant to the dispositional plan of services shall also be provided to any agency named in the disposition order as having responsibility to provide services to the child or his caretaker.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 776. Permanency planning reports

CHAPTER 11. PERMANENCY PLANNING REPORTS
Art. 776. Permanency planning reports
A. If at any point in family in need of services proceedings, a child enters the custody of the state, the provisions of Chapters 13, 15, and 16 of Title VI and Article 1004.1 shall be applicable.
B. When the Department of Public Safety and Corrections is the custodian, the provisions of Chapter 15 of Title VI shall be applicable only as provided in Article 907 and Article 908(C).
Acts 1991, No. 235, §7; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2001, No. 567, §1; Acts 2012, No. 730, §1.
2023 Louisiana Laws › Children's Code › Art. 777. Disposition hearing; time; obligation of agency representative

CHAPTER 12. DISPOSITION
Art. 777. Disposition hearing; time; obligation of agency representative
A. Prior to entering a judgment of disposition, the court shall conduct a disposition hearing.
B. This hearing may be conducted immediately after the adjudication and shall be conducted within thirty days after the adjudication. Such period may be extended for good cause.
C. At the hearing, the court shall inform any employee of a public institution or agency designated by its director to represent the agency in this matter that he will be deemed personally responsible for his agency's cooperation in the providing of services to the family unless in writing, the director of the institution or agency subsequently informs the court that some other individual within its administration is to be substituted for him.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 778. Disposition hearing; evidence

Art. 778. Disposition hearing; evidence
The court may consider the report of the predisposition investigation, any reports of mental evaluation, and all other evidence offered by the child, his caretaker or the state relating to the proper disposition. The court may consider evidence which would not be admissible at the adjudication hearing.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 779. Dispositional alternatives

Art. 779. Dispositional alternatives
A. In any case in which the family has been adjudicated to be in need of services, the court may impose the following orders directly affecting any child of the family:
(1) Order the child to submit to counseling or to psychiatric or psychological examination or treatment.
(2) Order the child to cooperate in accepting particular services from any public institution or agency or from any private institution or agency willing and able to provide him with needed services.
(3) Place the child in the custody of a caretaker or other suitable person on such terms and conditions as deemed in the best interests of the child and the public.
(4) Place the child on probation on such terms and conditions as deemed in the best interests of the child and the public.
(5) Assign the child to the custody of a private or public institution or agency, except that the child shall not be placed in a correctional facility designed and operated exclusively for delinquent children, nor shall such facility accept the child.
(6) Make such other disposition or combination of the above dispositions as the court deems to be in the best interests of the child and the public.
B. In any case in which the family has been adjudicated to be in need of services, the court may impose any of the following orders directly affecting a caretaker:
(1) Order the caretaker to submit to counseling or to psychiatric or psychological examination or treatment.
(2) Order the caretaker to cooperate in accepting particular services from any public institution or agency or from any private institution or agency willing and able to provide him with needed services.
(3) Order the caretaker to cooperate in connection with any part of the disposition order directly affecting the child.
(4) Impose any other conditions reasonably related to improving the family relationship.
(5) Order the caretaker to perform court-approved community service activities. If feasible, the court-approved community service activities shall be conducted by the caretaker and child together.
C. In any case in which the family has been adjudicated to be in need of services, the court may order any public institution or agency and its representatives to:
(1) Provide any services specified in its order as necessary to improve the family relationships or reunite the family in the best interests of the child, provided only that such services are available within the agency or institution.
(2) Report at least once every six months in writing concerning the progress of the family in receiving and accepting the services ordered.
Acts 1991, No. 235, §7; Acts 1995, No. 1095, §3; Acts 2010, No. 314, §1.
2023 Louisiana Laws › Children's Code › Art. 780. Removal of a child from parental custody or control; limitations; cooperation of state agencies

Art. 780. Removal of a child from parental custody or control; limitations; cooperation of state agencies
A. The court shall not remove a child from the custody of his caretakers unless his welfare cannot, in the opinion of the court, be adequately safeguarded without such removal.
B. In support of any disposition removing a child from the caretaker's home, the court shall determine whether reasonable efforts have been made by public institutions and agencies to prevent or eliminate the need for removal of the child from his home and, after removal, to make it possible for the child to return home.
C. If a child is assigned to the custody of a public or private institution or agency, the court shall transmit with the judgment of disposition all relevant reports concerning the child and his family.
D. Any institution or agency to which a child is assigned shall:
(1) Report at least once every six months in writing concerning the whereabouts and condition of the child to the judge who rendered the judgment of disposition.
(2) Upon request, provide the court any information concerning the condition, supervision, treatment, or rehabilitation program of the child.
E. State agencies shall fully cooperate with any court which has authority with respect to the placement of a child in foster care for the purpose of locating a parent of the child. Such cooperation shall include making available all information obtained from the Federal Parent Locator Service.
Acts 1991, No. 235, §7; Acts 2007, No. 334, §1.