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2023 Louisiana Laws › Children's Code › Art. 1461.1. Communication with parent or guardian of minor child

Art. 1461.1. Communication with parent or guardian of minor child
A. Notwithstanding the provisions of Article 1409, any treating facility to which a minor is admitted under the provisions of Article 1460 shall provide to the parent or guardian of the minor child the following notifications from the facility during all times that the minor is confined to the facility:
(1) No less than one telephone or face-to-face communication each seventy-two hours for the first twenty-one days that the minor is confined to the facility and at least once a week thereafter. All communications shall be made by a physician, case manager, registered nurse, or licensed practical nurse familiar with treatment of the patient and available to answer questions. Each communication shall include but not be limited to the following:
(a) Diagnosis.
(b) Prognosis.
(c) Treatment plan.
(d) Anticipated length of treatment.
(e) Current physical condition of the patient.
(f) Current mental condition of the patient.
(g) All medications administered and potential side effects.
(h) Any incidents of self-injury or injury to others.
(2) Verbal notice within two hours and detailed written notice within forty-eight hours of all occurrences in which the physical or mental safety of the minor was placed at risk, including but not limited to unwanted or improper physical contact, physical assault, or sexual contact with another patient or staff member. Additionally, any such detailed written notice shall also be transmitted within forty-eight hours to the local protection and advocacy system established under 42 U.S.C. 15041 et seq.
B. Any minor subjected to unwanted or improper physical contact, physical assault, or sexual contact with another patient or staff member shall be given immediate access to contact his parent or guardian.
C. The obligations set forth in Paragraph (A) of this Article shall only be waived by knowledgeable written consent authorized by a document separate from admission documents which clearly sets out the specific rights granted by this Article.
D. A physician, case manager, registered nurse, or licensed practical nurse may deny access to communication with a parent or guardian if the treating physician has so indicated in the patient's record because he has reasonably concluded that communication of the information to the parent or guardian would be injurious to the health or welfare of the patient or could reasonably be expected to endanger the life or safety of any other person.
Acts 2003, No. 593, §1; Acts 2018, No. 206, §6.
2023 Louisiana Laws › Children's Code › Art. 1462. Objection to admission by the minor who has been admitted

Art. 1462. Objection to admission by the minor who has been admitted
A. Objection may be made by the minor who has been admitted if the minor is sixteen years of age or older.
B. If the minor informs any staff person of his desire to object to the admission, a staff person shall assist him in preparing and submitting his objection.
C. Upon receipt of an objection, the director of the treatment facility shall release such minor within seventy-two hours unless proceedings are begun pursuant to Chapter 7 or 9 of this Title.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1463. Physician's certificate for a minor

Art. 1463. Physician's certificate for a minor
A. A minor shall not be detained at a treatment facility pursuant to parental admission more than seventy-two hours unless a physician's certificate for a minor has been executed and delivered to the MHAS.
B. The certificate may be executed by any licensed physician after an actual examination.
C. Failure to conduct an actual examination prior to the execution of the certificate will be evidence of gross negligence.
D. The certificate shall be dated and executed under penalty of perjury, but need not be notarized. The certificate shall state:
(1) The date and time of the physician's examination of the minor, which shall not be more than seventy-two hours prior to the signature of the certificate.
(2) The name and age of the minor and the patient's identification number, if known.
(3) The date and time of admission.
(4) The name and address of the parent, tutor, caretaker, or responsible person admitting the minor.
(5) The objective findings of the physician relative to the physical and mental condition of the minor, leading to the determination of whether the minor examined is in need of inpatient psychiatric treatment because all of the following conditions exist:
(a) The minor suffers from mental illness or substance abuse which has a substantial adverse effect on his ability to function and requires care and treatment in an institution.
(b) The minor can benefit from inpatient treatment.
(c) The treatment facility where the minor is confined is medically appropriate.
(6) The history pertinent to this admission.
(7) A statement as to whether the minor wishes to remain in the treatment facility.
E. The certificate shall be delivered to the MHAS located nearest to the treatment facility. Delivery may be accomplished either by:
(1) Personal delivery to any MHAS employee.
(2) Mailing a copy of the certificate to the nearest MHAS, certified mail, return receipt requested.
F. MHAS shall have the authority to represent the interests of any minor they suspect has been inappropriately placed or who had requested their services. Services may be rendered as deemed necessary including but not limited to the provisions of Article 1405.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 187, §1, eff. May 31, 1993; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 612, §3.
2023 Louisiana Laws › Children's Code › Art. 1464. Voluntary admission of minors

CHAPTER 11. VOLUNTARY ADMISSION
Art. 1464. Voluntary admission of minors
A. Any minor sixteen years of age or older may apply for voluntary admission to a treatment facility pursuant to this Chapter.
B. A minor so admitted shall have the same rights as an adult patient.
C. The admitting physician may admit the person on either a formal or informal basis, as hereinafter provided.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1465. Voluntary admissions favored

Art. 1465. Voluntary admissions favored
A. Admitting physicians are encouraged to admit minors with mental illness or minors suffering from substance abuse to treatment facilities on voluntary admission status whenever medically feasible.
B. No director of a treatment facility shall prohibit any minor with mental illness or minor suffering from substance abuse from applying for conversion of involuntary or emergency admission status to voluntary admission status. Any minor patient on an involuntary admission status shall have the right to apply for a writ of habeas corpus in order to have his admission status changed to voluntary status.
C. No employee of a mental health care program or treatment facility, peace officer, or physician shall state to any person that involuntary admission may result if the minor does not voluntarily admit himself to a mental health care program or treatment facility unless the employee, peace officer, or physician is prepared to execute a certificate pursuant to Chapter 7 or a petition pursuant to Chapter 9 of this Title.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
2023 Louisiana Laws › Children's Code › Art. 1466. Advice of rights

Art. 1466. Advice of rights
A. Each minor admitted on a voluntary basis shall be informed of any other medically appropriate alternative treatment programs and treatment facilities known to the admitting physician and be given an opportunity to seek admission to alternative treatment programs or facilities.
B. Every minor patient admitted on a voluntary admission status shall be informed in writing at the time of admission of the procedures for requesting release from the treatment facility, the availability of counsel, information about the mental health advocacy service, the rights enumerated in Article 1409, and rules and regulations applicable to or concerning his conduct while a patient in the treatment facility.
C. If the minor is illiterate or does not read or understand English, appropriate provisions should be made to supply him this information.
D. In addition, a copy of the information listed in this Article must be posted in any area where minor patients are confined and treated.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1467. Capacity required

Art. 1467. Capacity required
A. No admission may be deemed voluntary unless the admitting physician determines that the minor to be admitted has the capacity to make a knowing and voluntary consent to the admission.
B. Knowing and voluntary consent shall be determined by the ability of the minor to understand:
(1) That the treatment facility to which the minor patient is requesting admission is one for persons with mental illness or persons suffering from substance abuse.
(2) That he is making an application for admission.
(3) The nature of his status and the provisions governing discharge or conversion to an involuntary status.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
2023 Louisiana Laws › Children's Code › Art. 1468. Informal voluntary admission

Art. 1468. Informal voluntary admission
A. In the discretion of the director, any minor with mental illness or minor suffering from substance abuse, who is sixteen years of age or older and who desires admission to a treatment facility for diagnosis or treatment of a psychiatric disorder or substance abuse, may be admitted upon the minor patient's request without a formal application.
B. Any minor patient admitted pursuant to this Article shall have the right to leave the treatment facility at any time during the normal day-shift hours of operation, which shall include but not be limited to nine a.m. to five p.m.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
2023 Louisiana Laws › Children's Code › Art. 1469. Formal voluntary admission

Art. 1469. Formal voluntary admission
A. Any minor with mental illness or minor suffering from substance abuse who is sixteen years old or older and who desires admission to a treatment facility for diagnosis or treatment of a psychiatric disorder or substance abuse and who is deemed suitable for formal voluntary admission by the admitting physician may be so admitted upon his written request.
B. A minor patient admitted under the provisions of this Article shall not be detained in the treatment facility for longer than seventy-two hours after making a valid written request for discharge to the director of the treatment facility unless an emergency certificate is executed pursuant to Article 1422 or unless judicial commitment is instituted pursuant to Chapter 9 of this Title.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
2023 Louisiana Laws › Children's Code › Art. 1470. Admission by parent

CHAPTER 12. SUBSTANCE ABUSE TREATMENT PROCEDURE
Art. 1470. Admission by parent
A. A minor suffering from substance abuse may be admitted and detained at a public or private general hospital or a substance abuse inpatient facility for observation, diagnosis, and treatment for a period not to exceed twenty-eight days, when a parent has admitted the person or caused him to be admitted pursuant to the provisions of Chapter 8 of this Title.
B. At the time of admission, the parent shall execute or provide a written statement of facts, including personal observations, leading to the conclusion that the minor is suffering from substance abuse and is dangerous to himself or others or is gravely disabled, specifically describing any dangerous acts or threats, and stating that the minor has been encouraged to seek treatment but is unwilling to be evaluated on a voluntary basis.
C. As soon as practicable, but in no event more than eight hours after admission to the hospital or inpatient facility, a physician shall examine the minor and either execute an emergency certificate in accordance with Article 1422 or order the minor discharged. If an emergency certificate is executed, the physician or the director of the hospital or inpatient facility shall immediately notify the coroner and the coroner or his deputy shall conduct an independent examination in accordance with Article 1423. If the coroner or his deputy executes a second emergency certificate, the minor patient may be detained for treatment for a period not to exceed twenty-eight days from the date of his admission. Otherwise, he shall be discharged.
D. Except as inconsistent with the provisions of this Article, all other provisions of this Title applicable to persons admitted by emergency certificate shall be applicable.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1471. Transfer of patients between institutions

CHAPTER 13. TRANSFER OF PATIENTS COMMITTED
TO THE DEPARTMENT
Art. 1471. Transfer of patients between institutions
A. Except as otherwise provided in this Article, the department may transfer any patient from one mental institution to another. Moreover, the superintendent of an institution may request the department to transfer a patient when he believes that a transfer is necessary.
(1) A patient may be transferred to or from a private mental institution only upon the joint application of the superintendent of that institution and of the legal or natural guardian or the person liable for the support of the minor patient. However, no private mental institution shall be obligated to retain a minor patient because of the refusal to sign the application by the guardian or the person liable for support.
(2) A person under an order of commitment or acquitted of a delinquent act on the ground of mental illness shall be transferred only upon authority of the committing court.
(3) A minor patient voluntarily admitted pursuant to Article 1464 shall be transferred only with his written consent.
(4) A minor patient admitted by a parental commitment pursuant to Article 1460 shall be transferred only upon the written consent of the parent, tutor, or caretaker who originally sought his admission.
B. The following documents, as applicable, shall accompany a minor patient upon his transfer:
(1) The transfer order of the department.
(2) Certified copies of the application for admission, the physician's certificate, the report of the commission, and the order of the committing court.
(3) All of the minor patient's clinical records or a full abstract thereof, including the results of medical, physical, and laboratory examinations.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1501. Purpose

TITLE XV
SPECIAL PROCEEDINGS
CHAPTER 1. PRELIMINARY PROVISIONS
Art. 1501. Purpose
The purpose of this Title is to establish the substantive and procedural guidelines governing the juvenile court's exercise of jurisdiction over contempt proceedings, voluntary transfer of custody proceedings, proceedings seeking judicial authorization for minors' abortions, proceedings seeking judicial authorization for minors' marriages, declaratory judgment proceedings involving medical treatment for terminally ill children, domestic abuse assistance proceedings, and such other types of proceedings as may hereafter be added by the legislature to the jurisdiction of the juvenile courts of this state.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1504. Kinds of contempt

Art. 1504. Kinds of contempt
A. A contempt of court is any act or omission tending to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or respect for its authority.
B. Contempts of court are of two kinds, direct and constructive.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1505. Direct contempt

Art. 1505. Direct contempt
A. A direct contempt of court is one committed in the immediate view and presence of the court and of which it has personal knowledge.
B. A direct contempt includes but is not limited to any of the following acts:
(1) Contumacious failure, after notice, to appear for a hearing on the day fixed therefor.
(2) Contumacious failure to comply with a subpoena or summons to appear in court, proof of service of which appears of record.
(3) Contumacious violation of an order excluding, separating, or sequestering a witness.
(4) Refusal to take the oath or affirmation as a witness, or refusal of a witness to answer a nonincriminating question when ordered to do so by the court.
(5) Contumacious, insolent, or disorderly behavior toward the judge or an attorney or other officer of the court, tending to interrupt or interfere with the business of the court or to impair its dignity or respect for its authority.
(6) Breach of the peace, boisterous conduct, or violent disturbance tending to interrupt or interfere with the business of the court or to impair its dignity or respect for its authority.
(7) Use of insulting, abusive, or discourteous language by an attorney or other person in open court, or in a motion, plea, brief, or other document, filed with the court, in irrelevant criticism of another attorney or officer of the court.
(8) Violation of a rule of the court adopted to maintain order and decorum in the courtroom.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1506. Procedure for punishing direct contempt

Art. 1506. Procedure for punishing direct contempt
A person who has committed a direct contempt of court may be found guilty and punished therefor by the court without any trial, after affording him an opportunity to be heard orally by way of defense or mitigation. The court shall render an order reciting the facts constituting the contempt, adjudging the person guilty thereof, and specifying the punishment imposed.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1507. Constructive contempt

Art. 1507. Constructive contempt
A constructive contempt of court is any contempt other than a direct one, including but not limited to the following:
(1) Willful neglect or violation of duty by a clerk, sheriff, or other person elected, appointed, or employed to assist the court in the administration of justice.
(2) Willful disobedience of any lawful judgment, order, mandate, writ, or process of the court.
(3) Removal or attempted removal of any person or property in the custody of an officer acting under authority of a judgment, order, mandate, writ, or process of the court.
(4) Deceit or abuse of the process or procedure of the court by a party to an action or proceeding, or by his attorney.
(5) Unlawful detention of a witness, party, or his attorney, while going to, remaining at, or returning from the court where the action or proceeding is to be tried.
(6) Assuming to act as an attorney or other officer of the court, without lawful authority.
(7) Comment by a newspaper or other medium for the dissemination of news upon a case or proceeding, then pending and undecided, which constitutes a clear, present, and imminent danger of obstructing or interfering with the orderly administration of justice, by either influencing the court to reach a particular decision, or embarrassing it in the discharge of its judicial duties.
(8) Willful disobedience by an inferior court, judge, or other officer thereof, of the lawful judgment, order, mandate, writ, or process of an appellate court, rendered in connection with an appeal from a judgment or order of the inferior court, or in connection with a review of such judgment or order under a supervisory writ issued by the appellate court.
(9) Willful disobedience of the confidentiality provisions of Article 412.
(10) Any other act or omission punishable by law as a contempt of court, or intended to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or respect for its authority, and which is not a direct contempt.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
2023 Louisiana Laws › Children's Code › Art. 1508. Procedure for punishing constructive contempt

Art. 1508. Procedure for punishing constructive contempt
A. When a person is charged with committing a constructive contempt, he shall be tried by the judge on a rule to show cause alleging the facts constituting the contempt. The rule may be issued by the court on its own motion or on motion of any party.
B. A certified copy of the motion and of the rule shall be served on the person charged, in the manner of a subpoena, not less than forty-eight hours prior to the time assigned for trial of the rule.
C. If the person charged with contempt is found guilty, the court shall render an order reciting the facts constituting the contempt, adjudging the person charged with the contempt guilty thereof, and specifying the punishment imposed.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1509. Penalties for contempt; in general

Art. 1509. Penalties for contempt; in general
A. A person may not be adjudged guilty of contempt of court except for misconduct defined as such, or made punishable as such, expressly by law.
B. When a contempt of court consists of the omission to perform an act which is yet in the power of an adult person charged with contempt to perform, he may be imprisoned until he performs it and in such a case this shall be specified in the court's order.
C. When an attorney is adjudged guilty of a direct contempt of court, the punishment shall be limited to a fine of not more than one hundred dollars or imprisonment for not more than twenty-four hours, or both; and, for any subsequent direct contempt of the same court by the same offender, a fine of not more than two hundred dollars or imprisonment for not more than ten days, or both.
D. Except as otherwise provided in this Article, a court may punish an adult person adjudged guilty of contempt of court in connection with a juvenile proceeding by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both.
E. In addition to or in lieu of the above penalties, when a parent has violated a visitation order, the court may order any or all of the following:
(1) Require the custodial parent to allow additional visitation days to replace those denied the noncustodial parent.
(2) Require one or both parents to attend a parent education course.
(3) Require one or both parents to attend counseling or mediation.
(4) Require the parent violating the order to pay all court costs and reasonable attorney fees of the other party.
F. A pattern of willful and intentional violation of this Article, without good cause, may constitute a material change in circumstances warranting a modification of an existing custody or visitation order.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1995, No. 1095, §8; Acts 1999, No. 1313, §1; Acts 2001, No. 425, §1, eff. June 15, 2001; Acts 2004, No. 520, §2.
2023 Louisiana Laws › Children's Code › Art. 1509.1. Penalties for contempt; children

Art. 1509.1. Penalties for contempt; children
A. In delinquency proceedings, when a child is adjudged guilty of direct contempt of court or constructive contempt of court for repeated disobedience of the court's judgment of disposition, the court may:
(1) For a first offense in any twelve-month period, commit the child to a juvenile detention center or other suitable facility for not more than seven days, including the time spent in detention for the contempt prior to the contempt hearing.
(2) For a second offense in any twelve-month period, commit the child to a juvenile detention center or other suitable facility for not more than ten days, including the time spent in detention for the contempt prior to the contempt hearing.
(3) For a third or subsequent offense in any twelve-month period, commit the child to a juvenile detention center or other suitable facility for not more than fifteen days, including the time spent in detention for the contempt prior to the contempt hearing.
B. In child in need of care proceedings, when the child is adjudged guilty of direct contempt of court or constructive contempt of court for repeated disobedience of the court's judgment of disposition, the court may commit the child only to a shelter care facility for not more than fifteen days, including time spent there for the contempt prior to the contempt hearing. Such a child shall not be placed in secure detention nor shall such detention facility accept a child in need of care.
C. In families in need of services proceedings, when the child is adjudged guilty of direct contempt of court or constructive contempt of court for repeated disobedience of the court's judgment of disposition, the court may:
(1) Commit the child to a shelter care facility for not more than fifteen days, including time spent there for the contempt prior to the contempt hearing.
(2) Commit the child to a secure detention facility for not more than seven days, including time spent there for the contempt prior to the contempt hearing, if the court finds that all of the following have occurred:
(a) A judgment of disposition was entered pursuant to Article 782.
(b) The child willfully violated the judgment of disposition.
(c) All sanctions other than secure confinement have been exhausted or are clearly inappropriate.
Acts 1999, No. 1313, §1; Acts 2016, No. 499, §2.
2023 Louisiana Laws › Children's Code › Art. 1510. Purpose

CHAPTER 3. VOLUNTARY TRANSFER OF CUSTODY
Art. 1510. Purpose
The purpose of this Chapter is to protect the health and welfare of children by providing, in addition to any other provisions of law, for juvenile court procedure to govern a voluntary transfer of custody of a child by parents to other responsible adults for the purpose of enabling the child to receive adequate care and treatment. The provisions of this Chapter are intended to promote mutual understanding of the rights and responsibilities of the parents and custodians and of any terms or conditions which may be set forth by agreement of the parties.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1511. Definitions

Art. 1511. Definitions
As used in this Chapter:
(1) "Legal custody" means a legal status created by court order that vests in a custodian the right to have physical custody of the child and the right and duty to protect, train, and discipline and to provide food, shelter, education, and ordinary medical care, all subject to any residual parental rights and responsibilities.
(2) "Physical custody" means the duty and authority to provide care for a child in the home of the custodian.
(3) "Voluntary transfer of custody" is a parent's knowing and voluntary relinquishment of legal custody to an agency, institution, or individual, subject to residual parental rights retained by the parent and under such terms and conditions that enable the child to receive adequate care and treatment.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2011, No. 128, §1.
2023 Louisiana Laws › Children's Code › Art. 1513. Venue

Art. 1513. Venue
A proceeding brought pursuant to this Chapter may be commenced in the parish in which either:
(1) The parents requesting transfer of custody reside.
(2) The person, agency, or institution to whom the transfer of custody is intended resides.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1514. Petition for voluntary transfer

Art. 1514. Petition for voluntary transfer
A. A proceeding under this Chapter shall be commenced by written petition.
B. Except as otherwise provided in this Article, all persons or organizations lawfully exercising legal custody of the child shall join in the petition.
C. If a legal custodian is unable or unwilling to join in the petition, the petition shall state with particularity the reasons therefor.
D. If a guardian has been appointed, a petition for voluntary transfer may not be filed. To change a guardianship order a motion to modify the guardianship may be filed in accordance with Article 724.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2011, No. 128, §1.
2023 Louisiana Laws › Children's Code › Art. 1516. Affidavit of acceptance; contents; form

Art. 1516. Affidavit of acceptance; contents; form
A. An Affidavit of Acceptance shall be executed by the agency, institution, or individual accepting custody and shall state that the agency, institution, or individual knowingly and voluntarily accepts custody of the child to the extent and under the terms and conditions custody is transferred from the parents.
B. The form for the Affidavit of Acceptance shall be as follows:
"AFFIDAVIT OF ACCEPTANCE
BEFORE ME, the undersigned Notary Public, personally came and appeared: ________________________________________________________________________
___________________________________, individual(s) OR a representative of _____________________________ (name of agency or institution) who, being first duly sworn, did depose and state:
That affiant is a person of the full age of majority and resides at ___________________________________ (address of individual(s), agency, or institution) in ____________ Parish, Louisiana.
That affiant does knowingly and voluntarily accept physical custody OR legal custody of the person of the children (indicate one) of _________, _________, _________, _________ (name(s) of child(ren)) for the period of time ______________ (specify intended period) in accordance with the following terms and conditions:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________.
(may include provisions for support and/or visitation)
____________________________
AFFIANT
SWORN TO AND SUBSCRIBED BEFORE ME ON THIS THE ______ DAY OF _____________________,20___.
____________________________
NOTARY PUBLIC"
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2011, No. 128, §1.
2023 Louisiana Laws › Children's Code › Art. 1517. Notice; service; curator; reservation of rights

Art. 1517. Notice; service; curator; reservation of rights
A. Notice of the proceedings, including, if applicable, the parents' right to an attorney in accordance with Paragraph E of this Article, shall be served on any parent or legal custodian who has not joined in the petition.
B. Notice may be served by personal or domiciliary service or by certified mail, proof of which shall be filed in the record.
C. If a parent or legal custodian cannot be served, the court may appoint an attorney at law as curator for him and service shall be made upon the curator.
D. If a parent or legal custodian cannot be served and a curator is not appointed for him, the court shall specifically reserve the absentee's rights in any order transferring custody pursuant to this Chapter.
E. If the Department of Children and Family Services has recommended that the petition for voluntary transfer of custody be filed:
(1) It shall also be served with notice of the proceedings.
(2) The court may also order a report by the department concerning the safety and well-being of the child and of the circumstances leading the department to recommend that the custody of the child be transferred by the parent to some other individual.
(3) The court shall advise the parents and may advise the child, insofar as practicable, of the right to be represented by counsel and the right to have counsel appointed as provided in Chapter 4 of Title VI.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2010, No. 266, §1.
2023 Louisiana Laws › Children's Code › Art. 1518. Pretrial orders; contribution to costs; appointment of counsel; Indian parent or custodian

Art. 1518. Pretrial orders; contribution to costs; appointment of counsel; Indian parent or custodian
A. On its own motion or the motion of any party to the proceedings, the court may render such orders it deems necessary to protect the best interests of the child, including but not limited to the following:
(1) A home study of the proposed placement.
(2) A physical or mental examination of any party.
(3) An appointment of counsel for the child.
B. Upon request of an indigent parent, the court shall appoint counsel for the parent when the Department of Children and Family Services has recommended that the petition for voluntary transfer be filed.
C. If the court finds that the parent or custodian of an Indian child is indigent, it shall appoint counsel for the parent or custodian.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2010, No. 266, §1; Acts 2018, No. 296, §1.
2023 Louisiana Laws › Children's Code › Art. 1519. Hearing

Art. 1519. Hearing
The petition shall be set for hearing on the record unless specifically waived by the court. If the Department of Children and Family Services, office of children and family services, has recommended that the petition for voluntary transfer of custody be filed, a representative for the department shall testify at the hearing with particularity the reasons for the recommendation. Further, the department representative shall specify why a child in need of care petition should not be filed and shall testify regarding the preventative services offered by the department to the petitioner to prevent the transfer of custody.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2010, No. 266, §1.
2023 Louisiana Laws › Children's Code › Art. 1520. Judgment

Art. 1520. Judgment
A. The court shall render a written judgment granting or denying the transfer of custody.
B. If the court grants the transfer of custody, the judgment shall order the transfer and recite such terms and conditions as required to protect the safety and secure the best interests of the child and shall also recite all of the following:
(1) All necessary parties are involved.
(2) The transfer is knowing and voluntary.
(3) There is a legitimate purpose and a factual basis to support that purpose.
(4) All parties have been advised of and understand the nature and extent of the transfer, including any terms and conditions, and of their respective rights.
(5) The proposed change of custody is in the best interests of the child.
C. After giving the parent a reasonable opportunity to be heard, the court may order that the parent contribute to the cost of the home study, examination, or of the representation of the child.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2010, No. 266, §1.
2023 Louisiana Laws › Children's Code › Art. 1521. Review; permanency planning

Art. 1521. Review; permanency planning
A. On its own motion or on the motion of any party, the court may order a hearing to be set for review of the transfer of custody.
B. Judgments transferring custody pursuant to this Chapter are exempt from the permanency planning requirements mandated in Title VI including the provisions of Chapters 13, 15 and 16 of that Title.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
2023 Louisiana Laws › Children's Code › Art. 1522. Modification

Art. 1522. Modification
A. Except when the parties jointly desire to dismiss the proceedings and return custody of the child to the parents, modification or enforcement of a judgment transferring custody shall be upon motion of any party and by order of the court according to the provisions of this Chapter.
B. If the parties jointly desire to dismiss the proceedings and return the custody of the child to the parents, the court shall be notified. The court may render an ex parte dismissal of the proceedings, or it may order a hearing to be set for review of the proposed modification.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2010, No. 266, §1.
2023 Louisiana Laws › Children's Code › Art. 1523. Revocation

Art. 1523. Revocation
A. Upon failure of a custodian to return a child after revocation of the parent's consent, the parent may move for dismissal of the proceedings and for the return of the child to their custody.
B. The motion to dismiss shall be set for contradictory hearing with the custodians.
C. In making its determination of the best interests of the child, the court shall consider the following:
(1) The length of the parent/child separation.
(2) The current fitness of the parent.
(3) The frequency of contact between the parent and child during the separation.
(4) The efforts made by the parent to exercise parental responsibilities during the separation, including support.
(5) The terms and conditions of the judgment.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1524. Purpose

CHAPTER 4. MISDEMEANOR PROSECUTION OF ADULTS
Art. 1524. Purpose
The purpose of this Chapter is to set out the substantive principles and procedures by which the juvenile court tries adults for misdemeanors when the law violated was enacted for the protection of the physical, moral, or mental well-being of children.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1525. Scope of jurisdiction

Art. 1525. Scope of jurisdiction
The juvenile court shall have jurisdiction to try any adult who is charged with any of the following misdemeanors:
(1) Interference with the custody of a child.
(2) Criminal abandonment.
(3) Unlawful sales to minors.
(4) Unlawful purchase of alcoholic beverages for minors.
(5) Unlawful distribution of sample tobacco products to minors.
(6) Sale, exhibition, or distribution of material harmful to minors.
(7) Sale, distribution, or making available to minors publications encouraging, advocating, or facilitating the illegal use of controlled substances.
(8) Illegal use of controlled dangerous substances in the presence of children.
(9) Sale of poisonous reptiles to minors.
(10) Contributing to the delinquency of juveniles or encouraging or contributing to child delinquency, dependency, or neglect.
(11) Unlawful use and sale of model glue to minors.
(12) Tatooing minors.
(13) Child desertion.
(14) Abandoning ice boxes or other air tight containers in a place accessible to children.
(15) Failure of a mandatory reporter to report abuse of children.
(16) Violation of the requirements for the investigation of reports of child abuse.
(17) Knowingly making a false report of child abuse.
(18) Making a false report of a missing child.
(19) Violation of the compulsory school attendance law.
(20) Any offense affecting the physical, moral, or mental well-being of children as provided in Section 2 of Subpart B of Part V of Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1995, No. 1095, §8.
2023 Louisiana Laws › Children's Code › Art. 1526. Definitions

Art. 1526. Definitions
Except when the context clearly indicates otherwise, as used in this Chapter:
(1) "Affidavit" means a written accusation of crime made under oath and signed by the affiant. It must be filed in open court in a court having jurisdiction to try the offense or in the office of the clerk thereof.
(2) "Institution of prosecution" means the filing of an information or affidavit, which is designed to serve as the basis of a trial.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1527. Venue

Art. 1527. Venue
Proceedings pursuant to this Chapter shall be commenced in the parish in which the offense is alleged to have been committed. If acts constituting an offense or if the elements of an offense occurred in more than one place, the offense is deemed to have been committed in any parish in which any such act or element occurred.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1530. Trial of misdemeanors

Art. 1530. Trial of misdemeanors
A. A defendant charged with a misdemeanor in which the punishment, as set forth in the statute defining the offense, may be a fine in excess of one thousand dollars or imprisonment for more than six months, shall be tried by a jury of six jurors, all of whom must concur to render a verdict.
B. The defendant charged with any other misdemeanor shall be tried by the court without a jury.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1531. Right to waive trial by jury

Art. 1531. Right to waive trial by jury
A. A defendant charged in juvenile court with a misdemeanor triable by jury may knowingly and intelligently waive a trial by jury and elect to be tried by the judge. At the time of arraignment, the defendant in such cases shall be informed by the court of his right to waive trial by jury.
B. The defendant shall exercise his right to waive trial by jury within fifteen days after the arraignment. However, with permission of the court, he may exercise his right to waive trial by jury at any time prior to the commencement of trial.
C. The defendant may withdraw a waiver of trial by jury unless the court finds that withdrawal of the waiver would result in interference with the administration of justice, unnecessary delay, unnecessary inconvenience to witnesses, or prejudice to the state.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1532. Transfers to courts exercising criminal jurisdiction

Art. 1532. Transfers to courts exercising criminal jurisdiction
A. When the defendant is entitled to a trial by a jury, as defined in Article 1530, but knowingly and intelligently waives that right pursuant to Article 1531, the juvenile court may proceed with trial.
B. In cases where the defendant elects to exercise his right to a trial by jury, the court shall transfer the case to the proper court exercising criminal jurisdiction.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1543. Purpose

CHAPTER 5. (RESERVED)
CHAPTER 6. AUTHORIZATION OF MINORS' MARRIAGES
Art. 1543. Purpose
The purpose of this Chapter is to set out the substantive law and procedures for securing the authorization of the juvenile court for the marriage of a minor.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1545. Necessary consent; parents; judicial authorization

Art. 1545. Necessary consent; parents; judicial authorization
A. An officiant may not perform a marriage ceremony in which a minor sixteen or seventeen is a party unless the minor has judicial authorization and the written consent to marry of either:
(1) Both of his parents.
(2) The tutor of his person.
(3) A person who has been awarded custody of the minor.
B. No marriage ceremony shall be performed for a minor under the age of sixteen.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2019, No. 401, §3.
2023 Louisiana Laws › Children's Code › Art. 1547. Judicial authorization; compelling reasons

Art. 1547. Judicial authorization; compelling reasons
Upon application by a minor of the age of sixteen or seventeen, the judge may authorize the marriage when there is a compelling reason why the marriage should take place. The court shall consider the best interest of the minor prospective spouse.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2019, No. 401, §3.
2023 Louisiana Laws › Children's Code › Art. 1549. Authorization; copies; filing

Art. 1549. Authorization; copies; filing
A. The authorization must be in writing but may not give the court's reasons for granting it.
B. A copy of the authorization must be attached to the copy of the marriage certificate given to the parties and the original of the authorization must be presented to the official who issues the marriage license.
C. A copy of the authorization must also be filed with the marriage certificate as required by law.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1550. Penalty for officiant who performs a marriage ceremony in violation of this Chapter

Art. 1550. Penalty for officiant who performs a marriage ceremony in violation of this Chapter
Any officiant, other than a judge or justice of the peace, who knowingly performs a marriage ceremony at which one of the parties is a minor when the officiant does not have the necessary consent or authorization to marry required by Article 1545 shall be permanently deprived of his right to perform marriage ceremonies.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1551. Purpose

CHAPTER 7. PROTECTION OF TERMINALLY ILL CHILDREN
Art. 1551. Purpose
The purpose of this Chapter is to recognize the right of a parent or guardian to make a declaration pursuant to which life-sustaining procedures or other medical care may be withheld or withdrawn from certain terminally ill children and to authorize judicial review, if needed, by the juvenile courts of such decisions if a child's parents or physician cannot agree that the requirements of this Chapter have been met. The procedures authorized by this Chapter are in addition to the existing remedies of Title VI.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1552. Definitions

Art. 1552. Definitions
As used in this Chapter:
(1) "Attending physician" means the physician who has primary responsibility for the treatment and care of the child patient.
(2) "Child" means a person under eighteen years of age who has not been judicially emancipated under Civil Code Article 385 or emancipated by marriage under Civil Code Articles 379 through 384.
(3) "Continual profound comatose state" means that there is no reasonable medical possibility of ever achieving a cognitive state of conscious perception.
(4) "Death" means that in the announced opinion of a physician, based on ordinary standards of approved medical practice, the child has experienced an irreversible cessation of spontaneous respiratory and circulatory functions. In the event that artificial means of support preclude a determination that these functions have ceased, a child will be considered dead if, in the announced opinion of a physician based on ordinary standards of approved medical practice, the child has experienced an irreversible total cessation of brain function. Death will have occurred at the time when the relevant functions ceased. In any case when organs are to be used in a transplant, then an additional physician who is not a member of the transplant team must make the pronouncement of death.
(5) "Declaration" means a written and witnessed document voluntarily made by the declarant, authorizing the withholding or withdrawal of life-sustaining procedures for a child, in accordance with the requirements of this Chapter.
(6) "Life-sustaining procedure" means any medical procedure or intervention which, within reasonable medical judgment, would serve only to prolong the dying process. It does not include any measure deemed necessary to provide comfort care.
(7) "Terminal and irreversible condition" means a condition, injury, disease, or illness which, within reasonable medical judgment, would produce death and for which the application of a life-support system would serve only to postpone the moment of death.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1553. Deprivation of comfort care prohibited

Art. 1553. Deprivation of comfort care prohibited
No child, including any infant born alive, shall be denied or deprived of food or nutrients, water, oxygen, or comfort care by any person with the intent to cause or allow the death of the child for any reason, including but not limited to the following situations:
(1) The child was born with physical or mental handicapping conditions which, in the opinion of the parent, the physician, or other persons, diminishes the quality of the child's life.
(2) The child was born alive in the course of an attempted abortion.
(3) The child is not wanted by the parent.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.