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2023 Louisiana Laws › Children's Code › Art. 615.1. Reports; review by district attorney

Art. 615.1. Reports; review by district attorney
A. When a law enforcement agency receives a report of a crime involving sexual abuse of a child, including but not limited to those received pursuant to Louisiana Children's Code Article 610(E)(3), the law enforcement agency shall:
(1) Maintain a report containing all information listed in Louisiana Children's Code Article 610(B) and (C), if known, and conduct a full investigation of the allegations.
(2) Maintain the confidentiality of the identity of the reporter in accordance with R.S. 46:56.
(3) After investigation of the report of child sexual abuse by the law enforcement agency having jurisdiction over the reported incident, send the investigative file to the district attorney for review whether or not an arrest is made.
B. In cases involving allegations of sexual abuse of a child:
(1) If the district attorney determines that the report has been fully investigated and there is insufficient evidence to establish probable cause for arrest, the district attorney shall upload the information contained in the report pursuant to Louisiana Children's Code Article 610(B) and (C) to the central registry for children in need of care maintained by the Bureau of Criminal Identification and Information in the office of state police if an alleged perpetrator has been identified. The information uploaded to the registry shall also include the name of the law enforcement agency that handled the investigation of the complaint.
(2) If the district attorney determines that the report needs further investigation, he shall refer the report to the multidisciplinary team established pursuant to Louisiana Children's Code Article 507 et seq. If, after a multidisciplinary team investigation, there is still insufficient evidence to establish probable cause for an arrest, the pertinent information in the report shall be uploaded to the bureau as provided in Subparagraph (B)(1) of this Article.
(3) In no case shall the district attorney forward information to the Bureau of Criminal Identification and Information in the office of state police when the district attorney finds, based on the investigation, that the allegations are false.
Acts 2006, No. 394, §1.
2023 Louisiana Laws › Children's Code › Art. 616.1.1. Appeal and review; correction of central registry entries; procedure

Art. 616.1.1. Appeal and review; correction of central registry entries; procedure
A. When a report alleging abuse or neglect is determined to be justified by the department, the individual who is or was the subject of the determination may make a formal written request to the division of administrative law for an administrative appeal of the justified determination, in accordance with the procedures set forth in Title 67 of the Louisiana Administrative Code.
B. The department shall provide a written notice to the individual who is or was the subject of the determination in clear, concise, and understandable language that is easy to read, containing all of the following:
(1) An explanation of the determination by the department.
(2) An explanation of the consequences of the determination.
(3) The individual's right to an administrative appeal.
(4) The specific procedure for requesting an appeal, including the deadline.
(5) The name and contact information of a department representative the individual may contact for additional information.
C. The department shall promulgate, in accordance with the Administrative Procedure Act, all rules and regulations necessary to implement the provisions of this Article.
Acts 2017, No. 348, §1, eff. upon promulgation and publication by DCFS rules; Acts 2022, No. 535, §1.
2023 Louisiana Laws › Children's Code › Art. 616.2. Central registry; maintenance by state police; use; confidentiality

Art. 616.2. Central registry; maintenance by state police; use; confidentiality
A. The Bureau of Criminal Identification and Information in the office of state police shall maintain a central index registry of all reports of sexual abuse obtained in accordance with Article 615.1. The purpose of the registry is to provide information of past reports of child sexual abuse to assist in the proper evaluation of current reports of abuse which may include a pattern of incidents and which may prove admissible in a criminal prosecution under Code of Evidence Article 404(B) or 412.2.
B. When the information contained in the reports is obtained by the bureau in accordance with Article 615.1:
(1) The pertinent information regarding the report and investigation shall be indexed by the name of the alleged perpetrator and shall be maintained for the exclusive use of child protection and law enforcement investigators in the course of investigations, for the sole purpose of evaluating the existence of patterns of incidents in pending child abuse investigations.
(2) All pertinent information regarding these reports and investigations shall be strictly confidential and shall not under any circumstances be disclosed or ordered to be produced in conjunction with any legal proceeding or matter, except as provided for in this Article. The Department of Public Safety and Corrections shall promulgate rules and regulations, in accordance with the Administrative Procedure Act, to provide for the disposition, handling, maintenance, and storage of the information forwarded to them pursuant to this Article and not in conflict with this Article.
(3) Notwithstanding Subparagraph (B)(2) of this Article, all information regarding the reports shall be maintained by the Department of Public Safety and Corrections for ten years from the date of receipt of the report, unless a subsequent report is received during that time period, in which case, information from all reports will be maintained indefinitely.
Acts 2006, No. 394, §1.
2023 Louisiana Laws › Children's Code › Art. 618. Protective orders; content; modification; service

Art. 618. Protective orders; content; modification; service
A. The court may grant any protective order or approve any consent agreement to bring about a cessation of abuse or neglect of a party, any minor children, or any person alleged to be incompetent, which relief may include but is not limited to:
(1) Granting the relief enumerated in Article 617.
(2) When there is a duty to support a party, any minor children, or any person alleged to be incompetent living in the residence or household, ordering payment of temporary support or provision of suitable housing for them.
(3) Awarding temporary custody of or establishing temporary visitation rights and conditions with regard to any minor children or person alleged to be incompetent.
(4) Ordering counseling or professional medical treatment for either the defendant or the abused or neglected person, or both.
B. A protective order may be rendered pursuant to this Chapter if the court has jurisdiction over the parties and subject matter and either of the following occurs:
(1) The parties enter into a consent agreement.
(2) Reasonable notice and opportunity to be heard are given to the person against whom the order is sought sufficient to protect that person's right to due process.
C. Any protective order issued within this state or outside this state that is consistent with Paragraph B of this Article shall be accorded full faith and credit by the courts of this state and enforced as if it were the order of the enforcing court.
D. On the motion of any party, the court, after notice to the other parties and a hearing, may modify a prior order to exclude any item included in the prior order or to include any item that could have been included in the prior order.
E. A protective order made under this Article shall be served on the person to whom the order applies in open court at the close of the hearing, or in the same manner as a writ of injunction. The clerk of the issuing court shall send a copy of the order or any modification thereof to the chief law enforcement official of the parish where the person or persons protected by the order reside. A copy of the protective order shall be retained on file in the office of the chief law enforcement officer as provided herein until otherwise directed by the court.
F. Any final protective order or approved consent agreement shall be for a fixed period of time, not to exceed six months, and may be extended by the court, after a contradictory hearing, in its discretion. Such protective order or extension thereof shall be subject to a devolutive appeal only.
G, H. Repealed by Acts 2001, No. 567, §3.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1995, No. 1095, §2; Acts 1997, No. 1156, §1; Acts 1999, No. 1356, §1, eff. July 12, 1999; Acts 2001, No. 567, §3.
2023 Louisiana Laws › Children's Code › Art. 620. Oral instanter orders

Art. 620. Oral instanter orders
A. In exceptional circumstances, the facts supporting the issuance of an instanter order and the exceptional circumstances may be relayed orally, including telephonically, to the judge, and the order directing that a child be taken into custody or, upon request by the state, that an instanter safety plan order be implemented may be issued orally.
B. An affidavit containing the information previously relayed orally, including telephonically, shall be filed with the clerk of the court within twenty-four hours, and a written order shall be issued. The written order shall include the court's findings of fact supporting the necessity for the child's removal or the implementation of an instanter safety plan order and, if the child has been removed, shall determine the child's custodian in accordance with Article 619.
C. The affidavit filed after the child has been placed shall indicate whether the child was released to the child's parents or remains removed.
D. The department shall promptly notify the parents or caretaker of the nature of the allegations and, if the child is not released, of the time and place of the continued custody hearing.
E. If the court ordered the implementation of a safety plan, the department shall promptly notify the parents or caretaker of the nature of the allegations, the conditions of the safety plan, and the time and place of a continued safety plan order hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2001, No. 567, §1; Acts 2005, No. 148, §1; Acts 2006, No. 278, §1; Acts 2014, No. 486, §1; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 621. Taking child into custody without a court order

Art. 621. 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 there are reasonable grounds to believe that the child's surroundings are such as to endanger the child's health, welfare, and safety and immediate removal appears to be necessary. The peace officer shall have the responsibility to promptly notify and release the child to the department.
B. Employees of the department shall secure an instanter order before taking a child into custody.
C. The department may release the child or secure an instanter order.
D. The department shall promptly notify the parents or caretaker of the nature of the allegations and, if the child is not released, of the time and place of the continued custody hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2006, No. 278, §1; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 622. Placement pending a continued custody hearing

Art. 622. Placement pending a continued custody hearing
A. Prior to the continued custody hearing required in Article 624, a suitable relative or other suitable individual may intervene or seek and obtain an ex parte court order to take provisional custody of the child pending the continued custody hearing. The provisions of Code of Civil Procedure Article 3945 are inapplicable to an ex parte order rendered pursuant to this Paragraph.
B. Unless the best interest of the child requires a different placement, a child who appears to be a child in need of care and whose immediate removal is necessary shall be placed, pending a continued custody hearing, in accordance with the following priorities of placement:
(1) In the home of a suitable relative who is of the age of majority and with whom the child has been living in a stable and safe environment if the relative is willing and able to continue to offer such environment for the child pending an adjudication hearing and if the relative agrees to the safety plan.
(2) In the home of a suitable relative who is of the age of majority if the relative is willing and able to offer a stable and safe environment for the child pending an adjudication hearing and if the relative agrees to the safety plan.
(3) In the home of a suitable individual who is of the age of majority if the individual is willing and able to offer a stable and safe environment for the child pending an adjudication hearing and if the individual agrees to the safety plan.
(4) In foster care under the supervision of the department until further orders of the court.
(5) In a shelter care facility if the child, who is not in the custody of the department, has been the victim of human trafficking as provided for in R.S. 14:46.2 or trafficking of children for sexual purposes as provided for in R.S. 14:46.3.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 1152, §1; Acts 1999, No. 754, §1; Acts 1999, No. 1317, §2; Acts 2005, No. 148, §1; Acts 2006, No. 278, §1; Acts 2017, No. 376, §1; Acts 2022, No. 272, §1; Acts 2023, No. 226, §1.
2023 Louisiana Laws › Children's Code › Art. 622.1. Shelter care facility records; access

Art. 622.1. Shelter care facility records; access
A. Every juvenile shelter care facility shall maintain a permanent record of certain information as to each child received. The record shall include:
(1) The child's name and address.
(2) The date and time of the child's entry into the facility.
(3) The name of the person who brought the child to the facility.
B. The record in which such information is kept shall not be open for public inspection. Peace officers, counsel representing the child or the parents, the district attorney, the department, persons collecting statistical information, and authorized officers of the court shall have access to the record.
Acts 2007, No. 334, §1.
2023 Louisiana Laws › Children's Code › Art. 623. Notice; right to be heard

Art. 623. Notice; right to be heard
A. The department shall give notice of any order regarding the child issued in accordance with Article 619(C) or 620 to the child's parents, the district defender or other entity designated for the jurisdiction by the Indigent Parents' Representation Program for representing parents, the entity designated for the jurisdiction by the Louisiana Supreme Court to provide qualified, independent counsel for the child, and other parties. The department shall also give notice regarding any child in foster care to any foster parent, pre-adoptive parent, and relative providing care. The department shall notify the court of each party's address and shall have a continuing duty to provide current information to the court about each party's whereabouts.
B. The notice shall state the date, time, and place of any scheduled hearing and inform the recipient of the right to attend and be heard. The notice to the district defender and the entity designated for the jurisdiction by the Louisiana Supreme Court to provide qualified, independent counsel for the child shall also include a copy of the verified complaint, the affidavit required in Article 620(B), and any order issued by the court.
C. A child twelve years of age or older shall be present in court unless his presence is waived by the court upon motion of the child's counsel. A child below the age of twelve years shall be present in court upon the request of counsel for the child or the court. If the child is present in court, he may choose to testify as to his wishes, and the court shall consider his testimony in the matter. Any testimony given by a child may be taken by a videotaped interview or by closed-circuit television, as authorized by Chapter 8 of Title III of this Code, or by an in-chambers conference attended only by the judge and court reporter and by counsel for the child, for the petitioner, and for the parents.
D. If a foster parent, pre-adoptive parent, or relative providing care for the child fails to appear at a hearing, the department shall report to the court whether notice was given or, if not, what diligent efforts were made to locate and notify the absent person. The court may permit the hearing to be held in the person's absence.
E. The court shall solicit and consider information regarding the care and treatment of the child from any foster parent, pre-adoptive parent, or relative providing care for the child who appears for the hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2007, No. 334, §1; Acts 2012, No. 730, §1; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 624.1. Reason to know a child is an Indian child; federal Indian Child Welfare Act

Art. 624.1. Reason to know a child is an Indian child; federal Indian Child Welfare Act
A. Upon conducting the inquiry required by Article 624(D), a court has reason to know that a child in a continued custody hearing or other child custody proceeding 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.
B. If the court makes a finding that there is reason to know that the child is an Indian child, the court may enter any order for placement in accordance with Article 627, but the court shall thereafter proceed as if the child is an Indian child.
Acts 2018, No. 296, §1.
2023 Louisiana Laws › Children's Code › Art. 626. Grounds for continued custody; reasonable efforts; grounds for continued safety plan

Art. 626. Grounds for continued custody; reasonable efforts; grounds for continued safety plan
A. The court may authorize continued custody of a child prior to adjudication if there are reasonable grounds to believe the child is in need of care and that continued custody is necessary for the health, welfare, and safety of the child.
B. Except as otherwise provided in Article 672.1, the court shall determine whether the department has made reasonable efforts as defined in Article 603 to prevent or eliminate the need for removal of the child from the home and, after removal, to make it possible for the child to safely return home. The health, welfare, and safety of the child shall be the paramount concern. These determinations shall be supported by findings of fact contained in the continued custody order issued pursuant to Article 627.
C. The court may deem the department to have made reasonable efforts to prevent or eliminate the need for removal if the department's first contact with the family occurred during an emergency which precluded those efforts.
D. The court may authorize the removal of the child even if the department's efforts have not been reasonable if the court determines that removal is necessary to secure the health, welfare, and safety of the child and that additional efforts would not keep the child safe from identified threats of danger. The court may impose any sanctions it deems appropriate pursuant to Article 712.
E. The court may authorize, with the consent of the state, continued implementation of a safety plan prior to the adjudication if there are reasonable grounds to believe that the child is in need of care and that the continued implementation of the safety plan is necessary for the health, welfare, and safety of the child. The safety plan shall continue to set forth conditions as determined or agreed upon by the state as necessary for the protection of the health, welfare, and safety of the child while remaining in the home.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2001, No. 567, §1; Acts 2014, No. 486, §1; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 627. Continued custody order; special provisions; appointments; continued safety plan order

Art. 627. Continued custody order; special provisions; appointments; continued safety plan order
A. Following a hearing, the court may return the child to the parents or, in accordance with Article 622, may place the child in the custody of a suitable relative, other suitable individual, or the department.
B. If a child is not returned to the parents, the court shall place the child in the custody of a suitable relative unless the court has made a specific finding that such placement is not in the best interest of the child. The court shall give specific oral and written reasons for its findings, which shall be made a part of the record of the proceeding.
C. If the court finds that the child can be safely returned home under a protective order pending adjudication, the court may order return of the child and issue protective orders as are deemed necessary for the health, welfare, and safety of the child.
D. If a protective order is issued or modified, the judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall forward it to the clerk of court for filing, all without delay, and the clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to the Louisiana Protective Order Registry, R.S. 46:2136.2(A), by facsimile transmission, mail, or direct electronic input, where available, as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court.
E. If the court finds that the child can safely remain in or return to the home with the implementation of a safety plan developed and agreed upon by the state pending adjudication, the court may order compliance with the conditions of the safety plan.
F. If the court orders that the child be placed in the custody of a suitable relative or other suitable individual, it shall make a safety plan part of its order.
G. The court shall order the appointment of a curator for any parent who is an absentee. The court may order the appointment of a court-appointed special advocate.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 1152, §1; Acts 1997, No. 1156, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 1999, No. 1317, §2; Acts 2005, No. 148, §1; Acts 2006, No. 278, §1; Acts 2014, No. 354, §1; Acts 2014, No. 486, §1; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 628. Informal adjustment agreement

CHAPTER 7. INFORMAL ADJUSTMENT PROCEDURE
Art. 628. Informal adjustment agreement
A. Prior to the filing of a petition, and with the consent of the department, if the child is in the custody of the department, the court or district attorney may authorize an informal adjustment agreement or refer the matter to an intake officer as a families in need of services case.
B. After the filing of a petition, and with the consent of the department, if a child is in the custody of the department, the court may authorize the district attorney to effect an informal adjustment agreement. The court may dismiss the petition or allow the petition to remain pending during the period of informal adjustment.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
2023 Louisiana Laws › Children's Code › Art. 629. Form of agreement; duration

Art. 629. Form of agreement; duration
A. An informal adjustment agreement shall set forth in writing its terms and conditions and shall be signed by the district attorney, the department, if a child is in the custody of the department, the child's parents, the child if twelve years of age or older, and all counsel of record. When a child is in the custody of the department and a petition has been filed, the agreement must be submitted to the court for its consideration. If approved, the court shall sign the agreement and file it in the record. This agreement shall constitute the case plan for services required by this Title.
B. When the child is not in the custody of the department, the period of informal adjustment shall not exceed six months; however, the court may extend the agreement for one additional period not to exceed six months with consent of all signatories to the original agreement.
C. When a child is in the custody of the department, the period of an informal adjustment agreement shall not exceed three months from the date of the child's entry into foster care; however, the court may extend the agreement for one additional period not to exceed three months with consent of all signatories to the original agreement.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2001, No. 567, §1.
2023 Louisiana Laws › Children's Code › Art. 630. Effect of an agreement

Art. 630. Effect of an agreement
A. An informal adjustment agreement shall not be considered an adjudication. Evidence of such an agreement shall not be admissible in any adjudication hearing or criminal trial.
B. An informal adjustment agreement suspends the proceedings on the acts alleged in the child in need of care petition. If any of the terms of the agreement are violated, the case may proceed to an adjudication hearing on the allegations. If the parent satisfies the terms of the agreement, he shall be discharged from further supervision, and the pending complaint or petition shall be dismissed with prejudice.
C. An informal adjustment agreement does not suspend the elapse of time authorizing pursuit of termination of parental rights consistent with Title X. Evidence of an agreement and the parent's compliance or lack thereof may be admissible in a certification for adoption proceeding.
D. Any incriminating statement made by the parent to the person giving counsel or advice and in the discussions or conferences incident to the informal adjustment agreement shall not be used against the declarant over objection in an adjudication hearing or criminal trial. Any such statement may be used in a disposition hearing in the court or for the purpose of a presentence investigation after a criminal conviction.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2001, No. 567, §1.
2023 Louisiana Laws › Children's Code › Art. 631. Authority to file petition; custody

CHAPTER 8. PETITIONS; SERVICE; SUMMONS
Art. 631. Authority to file petition; custody
A. A child in need of care proceeding shall be commenced by petition filed by the district attorney. The Department of Children and Family Services, when authorized by the court, may file a petition if there are reasonable grounds to believe that the child is a child in need of care.
B. At any time prior to adjudication, any person, including a relative of the child, may petition the court for the provisional or permanent legal custody of the child.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 1317, §2; Acts 2010, No. 462, §1, eff. June 22, 2010; Acts 2014, No. 354, §1.
2023 Louisiana Laws › Children's Code › Art. 632. Time for filing of petition; child in custody

Art. 632. Time for filing of petition; child in custody
A. If a child is continued in custody prior to adjudication, or if a protective order is issued, a petition requesting that the child be adjudicated in need of care shall be filed within thirty days of the hearing to determine continued custody. If the child remains in the home and a safety plan order has been issued, a petition requesting that the child be adjudicated in need of care shall be filed within forty-five days of the issuance of the safety plan order.
B. Upon a showing of good cause and notice to all parties, the court may grant, deny, or restrict a requested extension of the time for filing a petition in accordance with the best interests of the child. If an extension is granted, the court shall issue a written order reciting the particular facts justifying the extension.
C. If no petition is filed within the applicable time period, the child shall be returned to the parent or the safety plan shall automatically be terminated.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2014, No. 486, §1.
2023 Louisiana Laws › Children's Code › Art. 633. Form of petition

Art. 633. 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, §6, eff. Jan. 1, 1992; Acts 2014, No. 133, §1.
2023 Louisiana Laws › Children's Code › Art. 634. Contents of petition

Art. 634. Contents of petition
A. The petition shall set forth with specificity:
(1) The name, date and place of birth, sex, race, and address of the child. If the child is in a foster home, the identification of the parish in which he resides shall suffice for his address.
(2) The name and current address of each parent.
(3) 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.
(4) Facts that show the child is a child in need of care, including the acts or omissions of either parent which caused or contributed to the child's condition.
B. If any of the information required by Subparagraph (A)(1) or (2) of this Article is unknown, the petition shall so allege. Any defects in the information required by Subparagraph (A)(1) of this Article shall be considered defects of form.
C. The petition shall conclude with a request that the court adjudicate the child to be a child in need of care.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 612, §1; Acts 2018, No. 296, §1.
2023 Louisiana Laws › Children's Code › Art. 635. Amendment of petition

Art. 635. Amendment of petition
A. The petitioner may amend the petition at any time to cure defects of form, imperfection, omission, or uncertainty.
B. Prior to the adjudication hearing, the petitioner may amend the petition to include new allegations of fact or requests for adjudication.
C. 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, §6, eff. Jan. 1, 1992; Acts 2021, No. 270, §1.
2023 Louisiana Laws › Children's Code › Art. 635.1. Notice to counsel

Art. 635.1. Notice to counsel
Upon the filing of the petition, the court shall provide notice and a copy of the petition to the entity designated for the jurisdiction to provide counsel for the child in accordance with Article 607, and to the entity representing indigent parents in accordance with Article 608.
Acts 2014, No. 354, §1; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 636. Summons

Art. 636. Summons
When the petition is filed, the court shall issue a summons commanding the child, his resident parents, and such other persons as the court deems proper, to appear before the court at a designated time and place. The summons shall command the parents to appear to answer the petition at a designated time in accordance with Article 646 and may also command the presence of necessary participants for a prehearing conference convened in accordance with Article 646.1.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
2023 Louisiana Laws › Children's Code › Art. 638. Service of petition; parent; child

Art. 638. Service of petition; parent; child
A copy of the petition and the notice of the nature of the hearing and the rights of the parent, as provided for in Article 639, shall be served, in a sealed envelope, upon every parent of the child. A copy of the petition and the notice of the nature of the hearing shall be served on the child through the entity designated for the jurisdiction to provide counsel for the child.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2006, No. 742, §1; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 639. Notice of nature of proceedings; parental rights; form

Art. 639. Notice of nature of proceedings; parental rights; form
The following notice shall be served with a petition and summons on every parent whose child is the subject of a child in need of care proceeding:
"NOTICE
Louisiana law provides that the health, welfare, and safety of your child or children are of paramount importance and you can lose some or all of your parental rights regarding your children under certain circumstances.
The state has filed a petition that claims that your child is abused or neglected or is otherwise in need of care and asks the court to hold a hearing to determine whether these circumstances exist. If the court rules that your child is being abused or neglected or is otherwise in need of care, as defined by Louisiana law, your rights to have custody of your child, to visit your child, or to make decisions affecting your child will be seriously affected. You may also become liable for paying the costs of your child's care if custody is awarded to some other individual or to the state. If your child cannot be safely returned home and the court grants custody to some other suitable individual or to the state, a petition to terminate your parental rights may be filed.
You have the right to hire an attorney and are encouraged to do so. When you come to court, if you cannot afford to hire an attorney, you may qualify to have the court appoint one for you at state expense.
Whether or not you decide to hire an attorney, you have the right to attend all hearings of your case and must attend as summoned, and the right to call witnesses on your behalf, and to question those witnesses brought against you."
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 640. Service and return; child; resident parent; counsel

Art. 640. Service and return; child; resident parent; counsel
A. For a child, through counsel, and for a parent who resides within the state, service of the petition, summons, and notice shall be made as soon as possible, and not less than fifteen days prior to commencement of the adjudication hearing on the matter, by any of the following means:
(1) Personal service.
(2) Domiciliary service.
(3) Certified mail.
(4) Electronic mail to the electronic mail address provided by counsel for the child or expressly designated by the parent in a pleading, at the continued custody or continued safety plan hearing, or at any other hearing at which the parent personally appeared before the court.
(5) Actual delivery by a commercial courier.
B. The person effecting service shall execute a return and, if service was made by certified mail, the return receipt shall be attached thereto.
C. Service by electronic mail is complete upon transmission, provided that the sender receives an electronic confirmation of delivery.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 641. Service and return; nonresident parent

Art. 641. Service and return; nonresident parent
A. If a parent does not reside within this state, service of the petition and notice, and summons if issued by the court, shall be made not less than five days prior to commencement of the adjudication hearing on the matter by any of the following means:
(1) Certified mail, return receipt requested, to the address indicated in the petition.
(2) Electronic mail to the electronic mail address expressly designated by the parent in a pleading, at the continued custody or continued safety plan hearing, or at any other hearing at which the parent personally appeared before the court.
B. If service was made by certified mail, the person effecting the service shall file the return receipt as proof of service.
C. Service by electronic mail is complete upon transmission but is not effective if the serving party learns the transmission did not reach the party to be served.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2015, No. 124, §1, eff. June 19, 2015.
2023 Louisiana Laws › Children's Code › Art. 642. Effect of nonappearance by a parent

Art. 642. Effect of nonappearance by a parent
If it appears from the record that the parent has been served in accordance with Article 640 or 641 and summoned to any hearing, and the parent fails to appear at the hearing, then the court shall permit the hearing to be held in the parent's absence and the petitioner shall be required to establish prima facie proof of the allegations contained in the petition.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
2023 Louisiana Laws › Children's Code › Art. 643. Service; absentee or unidentified parent; curator ad hoc

Art. 643. Service; absentee or unidentified parent; curator ad hoc
A. If the parent against whom a proceeding is instituted cannot be served in accordance with Article 640 or 641, the court shall appoint an attorney at law as curator ad hoc for the parent and service shall be made upon the curator ad hoc.
B. Upon appointment of the curator ad hoc, a copy of the letter of appointment shall be forwarded to the department and the district attorney.
C. If the father is unidentified, it is not necessary to appoint a curator ad hoc for that parent. The father shall be considered unidentified if the biological father's name is not provided on the birth certificate, there is no presumed father, and no party to the proceedings or the mother, if not a party, is able to provide a first and last name of a putative father or alias sufficient to provide a reasonable possibility of identification and location.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2017, No. 239, §1.
2023 Louisiana Laws › Children's Code › Art. 644. Duties of curator ad hoc

Art. 644. Duties of curator ad hoc
A. The curator ad hoc shall make a diligent effort to locate the parent and notify him of the pendency and nature of the proceedings. Such notice shall include:
(1) The allegations made against the parent.
(2) The right of the parent to appear at the hearing, to defend against the allegations, and to compel the attendance of witnesses in his behalf.
(3) The right of the parent to retain counsel, or to have counsel appointed if indigent.
(4) The possibility that the parent may be able to enter into an informal adjustment agreement, to consent to judgment, or to transfer custody, with the consent of the court.
(5) The parent's responsibility to notify the department and his counsel in writing of his current whereabouts, including his address, cellular number, telephone number, and any other contact information, and that if he fails to do so, the law authorizes hearings to be held in his absence.
(6) The parent's responsibility to notify the department and the court in writing of the current whereabouts, including address, cellular number, telephone number, and any other contact information, of the child's other parent and any relative or other individual willing and able to offer a wholesome and stable home for the child.
(7) The parent's responsibility to support the achievement of timely permanency for the child.
(8) The parent's responsibility to advise the department and the court in writing of the whereabouts, including the address, cellular number, telephone number, and any other contact information, of all grandparents, all parents of a sibling where such parent has legal custody of such sibling, and all other adult relatives of the child.
(9) The possibility that a judicial certification for adoption proceeding may be initiated if the child remains in the custody of the state.
B. If the curator ad hoc fails to locate the parent, the curator ad hoc shall attend the hearing of this matter, submit a note of evidence on the record indicating the efforts made to locate the parent, and proceed contradictorily unless the parent is subsequently served or waives objection to jurisdiction. Proceedings held contradictorily with the curator ad hoc shall be of full force and legal effect against the parent.
C. If the parent is subsequently served in accordance with either Article 640 or 641 or is located by the curator ad hoc, the curator ad hoc shall be required only to attend the hearing and submit a note of evidence on the record indicating the efforts made to locate the parent.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 578, §4; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 248, §1; Acts 2015, No. 124, §1, eff. June 19, 2015.
2023 Louisiana Laws › Children's Code › Art. 645. Department of Children and Family Services to provide information concerning the parents' location; cooperation of the department

Art. 645. Department of Children and Family Services to provide information concerning the parents' location; cooperation of the department
A. Notwithstanding any other provision of the law to the contrary, the department shall obtain and provide to the district attorney with any request for a petition all available information pertinent to the location of every parent, including names and addresses of known relatives and any parents of a sibling where such parent has legal custody of the sibling, and any information available from the parent locator service. If a curator ad hoc is appointed, the department shall supply this information to him within fifteen days of its receipt of a copy of the order appointing the curator ad hoc. This duty shall be a continuing one as long as the child remains subject to the jurisdiction of the court.
B. The department shall fully cooperate with any court which has authority with respect to the placement of a child in foster care or for adoption for the purpose of locating a parent of the child. Such cooperation shall include making available all information obtained from the Federal Parent Locater Service.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2007, No. 334, §1; Acts 2015, No. 124, §1, eff. June 19, 2015.
2023 Louisiana Laws › Children's Code › Art. 646. Answer; appearance; objection

CHAPTER 9. ANSWER TO PETITION
Art. 646. Answer; appearance; objection
A. The court shall require the parent to appear and to answer the petition at any time prior to the adjudication hearing but no later than fifteen days after the filing of the petition.
B. If the petition is filed prior to or during the hearing to determine continued custody, the court may order the parent to answer the petition upon completion of the hearing.
C. At the appearance, the court may either convene immediately a prehearing conference authorized by Article 646.1, or set a date for the conference.
D. At this hearing, the parent shall be asked to provide an electronic mail address at which the parent is willing to receive service and notice of future proceedings. The court shall advise the parent that once an electronic mail address is provided, all service and notice of future proceedings may be sent electronically until such time he provides notice to the court and all parties in writing or in open court that he is no longer able to receive service or notice at such address.
E. The court may schedule future hearings and serve notice in open court.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2015, No. 124, §1, eff. June 19, 2015.
2023 Louisiana Laws › Children's Code › Art. 646.1. Prehearing conference

Art. 646.1. Prehearing conference
A. On its own motion or on motion of counsel, the court may convene a prehearing conference attended by the district attorney, the department, counsel for all parties, unrepresented parties, and such other persons as the court deems proper.
B. The prehearing conference may be conducted either in person or by telephone to consider any of the following:
(1) The consideration of alternatives to formal court proceedings when their use is appropriate and in the best interests of the child.
(2) Efforts to identify and locate an absent parent, and suitable relatives or other suitable individuals willing and able to offer a stable and safe home for the child.
(3) Whether there is an issue of paternity requiring the issuance of an order for immediate blood or tissue sampling in accordance with the provisions of R.S. 9:396 et seq.
(4) The simplification of the issues including the elimination of frivolous claims or defenses.
(5) The necessity or desirability of amendments to the petition.
(6) What material facts and issues exist without substantial controversy, and what material facts and issues are actually and in good faith controverted.
(7) Proof, stipulations regarding the authenticity of documents, and advance rulings from the court on the admissibility of the evidence.
(8) Limitations or restrictions on, or regulation of, the use of expert testimony.
(9) The control and scheduling of discovery.
(10) The identification of witnesses, documents, and exhibits.
(11) Such other matters as may aid in the disposition of the action.
C. The court shall render an order which recites the action taken at the prehearing conference, the amendments allowed to the petition, and the agreements made by the parties as to any of the matters considered, and which limits the issues for adjudication to those not disposed of by admissions or agreements of counsel. Such order controls the subsequent course of the action, unless modified at the adjudication hearing to prevent manifest injustice.
D. If counsel for any party fails to obey a prehearing order, or to appear at the prehearing and scheduling conference, or is substantially unprepared to participate in the conference, or fails to participate in good faith, the court, upon its own motion or on the motion of a party, after hearing, may make orders as are just, including orders provided in Code of Civil Procedure Article 1471(A)(2), (3), and (4). In lieu of or in addition to any other sanction, the court may require the party or counsel for the party, or both, to pay the reasonable expenses incurred by noncompliance with this Paragraph, including attorney fees.
Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2022, No. 272, §1.