reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Children's Code › Art. 1269.8. Enforcement of continuing contact agreement; modification

Art. 1269.8. Enforcement of continuing contact agreement; modification
A. Unless another court has jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, the court shall retain jurisdiction after the decree of adoption is entered for the purpose of hearing motions brought to enforce, modify, or terminate an agreement entered into pursuant to the provisions of this Chapter. For the convenience of the parties and the witnesses and in the interest of justice, the court, upon contradictory motion or upon its own motion after notice and hearing, may transfer the proceeding to another juvenile court in the state.
B. Before hearing such a motion, the court shall refer the parties to mediation in accordance with Title IV, Chapter 6 of this Code. Only if the court finds that the party seeking relief has participated or attempted to participate in good faith in mediating the dispute, may it proceed to a determination on the merits of the motion.
C. If the child is twelve years of age or older, the court shall solicit and consider the child's wishes in the matter.
D. The court shall order continuing compliance in accordance with the agreement and refuse to modify or terminate it unless it finds that there has been a change of circumstances and the agreement no longer serves the best interest of the child.
Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2008, No. 583, §2.
2023 Louisiana Laws › Children's Code › Art. 1271. Registration

Art. 1271. Registration
A. Registration shall be by affidavit filed with the office of children and family services. That office shall develop and furnish standardized affidavit forms appropriate for effecting the purpose of this Chapter.
B. Registration shall be effective upon filing and shall remain effective until withdrawn by the affiant's written request.
C. The department may establish registration and renewal fees not to exceed twenty-five dollars.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 715, §1; Acts 2010, No. 266, §1.
2023 Louisiana Laws › Children's Code › Art. 1272. Matching; verification by original documents; mandatory counseling

Art. 1272. Matching; verification by original documents; mandatory counseling
A. The office of community services shall regularly monitor registrant affidavits, utilizing computer services if necessary, to determine whether affidavits have been filed by a registrant as enumerated in Article 1270.
B. If there appears to be a match between current registrants, the office of community services shall notify the registrants of the match and of the counseling requirements of Paragraph D of this Article. Upon verification that each registered person has met the requirements the office of community services shall provide the details of the match to the licensed clinical social worker, social worker acting in the employ of a licensed adoption agency, licensed professional counselor, licensed psychologist, licensed psychiatrist, or licensed marriage and family therapist that provided counseling for the registrant, who shall then contact the registered and matched parties in a careful and confidential manner and give them the information necessary to contact each other.
C. If doubt exists that any registrants are biologically related, the office of community services shall advise them to file a motion with the court having jurisdiction and request permission to open the sealed adoption record for verification. Such verification shall be a compelling reason, within the meaning of Article 1189, to open the adoption records for the limited purpose of verification.
D. Each registrant shall participate in not less than one hour of counseling with a licensed clinical social worker, a social worker acting in the employ of a licensed adoption agency, a licensed professional counselor, a licensed psychologist, medical psychologist, a licensed psychiatrist, or a licensed marriage and family therapist before they will be put in contact with one another.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1997, No. 715, §1; Acts 1999, No. 1309, §9, eff. Jan. 1, 2000; Acts 2001, No. 486, §5, eff. June 21, 2001; Acts 2008, No. 583, §1; Acts 2009, No. 251, §13; Acts 2010, No. 266, §1.
2023 Louisiana Laws › Children's Code › Art. 1273. Confidentiality

Art. 1273. Confidentiality
Documents filed with the office of children and family services, pursuant to this Chapter, shall be confidential and shall not be available for inspection, except under the procedures set forth in this Chapter.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2010, No. 266, §1.
2023 Louisiana Laws › Children's Code › Art. 1274. Penalties

Art. 1274. Penalties
Any employee or former employee of the Department of Children and Family Services, or a licensed adoption agency, or any employee or appointee or former employee or appointee of a court who discloses identifying information other than pursuant to judicial order or through the registry, as provided in this Chapter, shall be guilty of a misdemeanor and shall be fined not less than five hundred dollars and not more than five thousand dollars, or imprisoned for not more than six months, or both.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1275. Nondisclosure

Art. 1275. Nondisclosure
A. Notwithstanding any provision of law to the contrary, the information acquired by the voluntary registry of Louisiana shall not be disclosed under any sunshine or freedom of information legislation, rules, or practice.
B. Notwithstanding any provision of law to the contrary, no person, group of persons, or entity, including an agency, may file a class action to force the voluntary registry to disclose identifying information.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1276. Disclosure of death of biological parents and adopted persons

Art. 1276. Disclosure of death of biological parents and adopted persons
When one or both of the biological parents are deceased, or when the adopted person is deceased and this fact is known by the voluntary registry or by the licensed adoption agency, firm, or lawyer which originally placed the adopted person for adoption, this information shall be disclosed to any person permitted to register pursuant to Article 1270 and who has registered with the office of community services under the provisions of this Chapter, and the registered persons shall then be afforded the option of deciding whether they still desire to avail themselves of the contact opportunity provided through the voluntary registry.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2008, No. 583, §1; Acts 2010, No. 266, §1.
2023 Louisiana Laws › Children's Code › Art. 1279.1. Short title; citation

CHAPTER 16. DEPARTMENT OF CHILDREN AND FAMILY SERVICES
ADOPTION INCENTIVES
Art. 1279.1. Short title; citation
This Chapter shall be known and may be cited as the "Louisiana Has Faith in Families Act".
Acts 2013, No. 66, §1, eff. May 31, 2013.
2023 Louisiana Laws › Children's Code › Art. 1279.2. Legislative findings

Art. 1279.2. Legislative findings
The legislature finds:
1. It is in the best interest of a foster child who is adoption-eligible to be placed in a permanent adoptive family as soon as practicable.
2. The state has an interest in decreasing the delays in finalizing adoptions in order to facilitate permanent adoption and family cohesion.
Acts 2013, No. 66, §1, eff. May 31, 2013.
2023 Louisiana Laws › Children's Code › Art. 1279.3. Purpose

Art. 1279.3. Purpose
Notwithstanding any provision of the law to the contrary, in order to facilitate the recruitment of new families for children, the incentives provided in this Chapter shall be made available for those children who have been adopted from the custody of the state and meet eligibility requirements.
Acts 2013, No. 66, §1, eff. May 31, 2013.
2023 Louisiana Laws › Children's Code › Art. 1279.5. Health insurance reimbursement

Art. 1279.5. Health insurance reimbursement
A. Notwithstanding any provision of law to the contrary, any child in the custody of the department who is eligible for adoption and is placed in an approved adoptive home shall be eligible for dependent coverage under the prospective adoptive parents' health insurance policy pursuant to R.S. 22:1004. Any additional costs for the child to be added to the adoptive parents' health insurance policy shall not be paid for by the department, but the adoptive parents may qualify for premium assistance pursuant to Paragraph C of this Article.
B. Any child who is in the custody of the department or has been adopted from the custody of the department shall be qualified for Medicaid if the child meets the guidelines set forth pursuant to Part II of Chapter 8 of Title 46 of the Louisiana Revised Statues of 1950.
C. Any child in the custody of the department who is Medicaid eligible, is eligible for adoption, and has been placed in an approved prospective adoptive home or adopted from the custody of the department shall be considered for premium assistance for employer sponsored insurance pursuant to LAC 50:III.2311.
Acts 2013, No. 66, §1, eff. May 31, 2013.
2023 Louisiana Laws › Children's Code › Art. 1279.6. Educational opportunities and assistance

Art. 1279.6. Educational opportunities and assistance
A.(1) A child who is in foster care pursuant to placement through the department shall be allowed to remain enrolled in the public school in which the child was enrolled at the time he entered foster care for the duration of the child's stay in the custody of the state or until he completes the highest grade offered at the school, if the department determines that remaining in such school is in the best interest of the child. Transportation of the child shall be provided pursuant to R.S. 17:238(C).
(2) A child in the custody of the department shall be eligible to attend a school in the school district or parish of the foster care placement.
(3) A child in the custody of the department shall be given preference in enrollment in the same manner as children receiving preference in R.S. 17:3991(C)(1)(c)(iii) for enrollment to attend a charter school that has been established pursuant to R.S. 17:3983.
B. When a child is in the custody of the department and is placed with foster parents who have other children living in the home who already attend a nonpublic or parochial school, the foster child may attend the same nonpublic or parochial school if the department finds it is in the best interest of the child, and if the child meets the admission requirements of the nonpublic or parochial school. The department shall not be directly responsible for paying for the expenses associated with such education.
C. When a child is in the custody of the department and is placed with foster parents who have other children in the home who are participants in an approved home study program, pursuant to R.S. 17:236.1, the department may approve the placement of the foster child in an approved home study program if the department finds it is in the best interest of the child. Home study programs approved by the Department of Education to educate foster children shall offer a sustained curriculum of quality at least equal to that offered by public schools at the same grade level, pursuant to R.S. 17:236.1(C)(1). Notwithstanding any other provision of law to the contrary, the Department of Education shall provide the department, upon request, verification that a home study program in which a foster child is participating has been approved pursuant to R.S. 17:236. The foster parent shall provide the department appropriate documentation, including but not limited to copies of standardized tests, to substantiate that the child is progressing on grade level and at a rate equal to one grade level for each year in the program.
Acts 2013, No. 66, §1, eff. May 31, 2013.
2023 Louisiana Laws › Children's Code › Art. 1279.7. Expedited procedure for finalizing adoptions

Art. 1279.7. Expedited procedure for finalizing adoptions
In order to shorten the waiting time for finalizing the adoption when the child is eligible for adoption, the following shall apply:
(1) Where the child has been placed in foster care with the prospective adoptive parents, any necessary waiting period as required by Article 1211 shall be applied retroactively.
(2) When the child is in the custody of the department, any additional home study required by Article 1207 may be waived by the court if the adoptive parents have been the foster parents of the child for the required six-month time period.
(3)(a) Whenever a child has been placed in the custody of the department and the child is eligible for adoption, the prospective adoptive parents may file an adoption proceeding in the court that terminated the parental rights, pursuant to Article 1180, and the case shall be allotted to the judge who presided over the termination proceedings.
(b) The court may order the approval of the adoptive placement
ex parte
without the need for a hearing required pursuant to Article 1177, where the prospective adoptive parents were previously approved by the department as foster parents for the child.
Acts 2013, No. 66, §1, eff. May 31, 2013.
2023 Louisiana Laws › Children's Code › Art. 1281.1. Purpose

TITLE XII-A. INTERCOUNTRY ADOPTION
OF CHILDREN
CHAPTER 1. PRELIMINARY PROVISIONS;
DEFINITIONS
Art. 1281.1. Purpose
The purpose of this Title is to provide procedures for the adoption of foreign-born orphans by domiciliaries of Louisiana.
Acts 1999, No. 1268, §1.
2023 Louisiana Laws › Children's Code › Art. 1281.3. Definitions

Art. 1281.3. Definitions
As used in this Title:
(1) "Agency" or "child placing agency" includes the Department of Children and Family Services, the corresponding department of any other state, and those private agencies and institutions licensed for the placement of children for adoption by the Department of Children and Family Services or by the corresponding department of any other state. Any person offering or providing intercountry adoption services shall be accredited by the Department of State in accordance with the Intercountry Adoption Universal Accreditation Act of 2012.
(2) "Birth certificate" means official documentation of the child's record of birth acceptable to the United States Citizenship and Immigration Services and, if the document is not in English, a certified translation of the document.
(3) "Convention adoptee" or "Hague Convention adoptee" means a child living in a Hague Convention country who is under the age of sixteen at the time a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, is filed on his behalf and who is found by the Department of State and United States Citizenship and Immigration Services to meet the definition of "Convention Adoptee" under Section 101(b)(1)(G) of the Immigration and Nationality Act (8 USC 1101(b)(1)(G)).
(4) "Department" means the Louisiana Department of Children and Family Services.
(5) "Foreign orphan" means a child living in a Non-Hague Convention country (a) who is under the age of sixteen at the time a Form I-600, Petition to Classify Orphan as an Immediate Relative, is filed on his behalf and who is found by the Department of State or United States Citizenship and Immigration Services to meet the definition of "orphan" under Section 101(b)(1)(F) of the Immigration and Nationality Act (8 USC 1101(b)(1)(F)); or (b) who is under the age of eighteen and is a biological sibling of a child previously adopted by the same applicant(s) who is petitioning on his behalf.
(6) "Hague Convention adoption" or "Hague adoption" or "Convention adoption" means the adoption of a child habitually residing in any country outside the United States that is a party to the Hague Adoption Convention. "Orphan adoption" or "Non-Hague adoption" refers to the adoption of a child from a country that is not a party to the Hague Adoption Convention.
Acts 1999, No. 1268, §1; Acts 2004, No. 26, §3; Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1281.4. Types of adoption

Art. 1281.4. Types of adoption
A. This Title sets forth the exclusive procedures for intercountry adoption of foreign orphans in Louisiana. There are two types of intercountry adoptions of foreign orphans in Louisiana:
(1) Adoption or recognition of a foreign decree of adoption of a foreign orphan from a country outside the United States that is not a party to the Hague Adoption Convention.
(2) Adoption or recognition of a foreign decree of adoption of a convention adoptee from a country outside the United States that is a party to the Hague Adoption Convention.
B. The procedures governing each type of adoption are set forth in the following Articles.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1281.5. Prior approval of adoptive placement

Art. 1281.5. Prior approval of adoptive placement
No child who is the subject of an intercountry adoption shall be placed in the home of the prospective adoptive parents prior to their obtaining a certification for adoption that meets the requirements of Articles 1171 through 1173 and prior to approval from the United States Citizenship and Immigration Services.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1281.6. Venue in intercountry adoption

Art. 1281.6. Venue in intercountry adoption
A. A proceeding for an intercountry adoption may be commenced in either:
(1) The juvenile court in the parish of the domicile of the petitioner.
(2) The juvenile court in the parish of the domicile of the custodian of the child.
B. An attorney at law named as representative of the prospective adoptive parent shall not be deemed the legal custodian of the child for purposes of proper jurisdiction or venue.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1281.7. Persons whose consent is required

Art. 1281.7. Persons whose consent is required
A. The parental rights of the parents of any child who has qualified as a foreign orphan or a convention adoptee are deemed to be terminated and no further consent to adoption or relinquishment of parental rights shall be required.
B. Consent to the adoption shall be required of any custodial or supervisory agency which has placed the foreign orphan for adoption, except that the court may grant the adoption without the consent of an agency if the court finds that the adoption is in the best interest of the child and that the agency has unreasonably withheld its consent.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1281.8. Birth certificate requirement

Art. 1281.8. Birth certificate requirement
A. Prior to the initiation of any adoption under the provisions of this Title, the attorney for the petitioners shall obtain a certified copy of the child's birth certificate, and, if the certificate is not in English, a certified translation of the certificate, which shall be attached to the petition for adoption.
B. If a certified copy of the birth certificate and certified translation are not available, the court may make findings on the date, place of birth, and parentage of the adopted person in accordance with the provisions of R.S. 40:79(C)(2).
Acts 1999, No. 1268, §1.
2023 Louisiana Laws › Children's Code › Art. 1281.9. Persons who may petition for intercountry adoption

Art. 1281.9. Persons who may petition for intercountry adoption
A United States citizen and his spouse who is a United States citizen or has lawful immigration status may petition jointly, or an unmarried United States citizen at least twenty-five years of age, may petition for intercountry adoption. At least one petitioner shall be a domiciliary of Louisiana. When one joint petitioner dies after the petition has been filed, the adoption proceedings may continue as though the survivor was a single original petitioner.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1282.1. Petition; contents; form

CHAPTER 2. NON-HAGUE CONVENTION COUNTRY ADOPTIONS
RECOGNITION OF FOREIGN ADOPTIONS
Art. 1282.1. Petition; contents; form
A. The petition for recognition of foreign adoption shall be styled: "In re __________, Applying for Recognition of Foreign Adoption from a Non-Hague Convention Country." The petition or an attached exhibit shall state:
(1) The full name, address, age, occupation, and marital status of each petitioner, at least one of whom is a domiciliary of the state of Louisiana.
(2) The name by which the child is known to petitioners.
(3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.
(4) The date and circumstances under which the child was adopted in a foreign country and entered the home of the petitioner.
(5) Any relationship existing between the petitioner and the child.
B. The petition shall be accompanied by a certification for adoption, a certified copy of the documentation of orphan status, documentary proof of citizenship status, a copy of the child's immigrant visa or resident alien card, the original or a certified copy of a valid foreign adoption decree, together with a notarized translation, and the original or certified copy of a valid birth certificate, together with a notarized translation, and an affidavit of fees and expenses.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1282.2. Findings

Art. 1282.2. Findings
The court shall issue a judgment recognizing the foreign adoption and rendering a final decree of adoption upon finding that:
(1) At least one of the adopting parents is a domiciliary of the state of Louisiana.
(2) The original or a certified copy of the foreign adoption decree, together with a notarized transcript, has been filed and is presumed to have been granted in accordance with the law of the foreign country.
(3) The child has qualified as a foreign orphan and is in the United States in accordance with applicable federal regulations.
(4) The child is either a permanent resident or a naturalized citizen of the United States.
(5) The petitioners have the ability to care for, maintain, and educate the child.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1282.3. Final decree; notice; standard

Art. 1282.3. Final decree; notice; standard
A. The court, as a part of the final decree, shall provide notice of the provisions of R.S. 14:46.4 to the parties.
B. The court, after taking into consideration all documents filed concerning the adoption, may enter a final decree of adoption, or it may deny recognition of the adoption. The basic consideration shall be the best interest of the child.
Acts 1999, No. 1268, §1; Acts 2014, No. 721, §1.
2023 Louisiana Laws › Children's Code › Art. 1282.5. Change of name

Art. 1282.5. Change of name
The full name of the adopted child may be changed in the final decree of adoption and, if changed, the surname shall be the same as that of the adoptive parent. In accordance with R.S. 40:79, the clerk of court shall forward, on a form supplied by the Department of Children and Family Services, his certificate of the decree to the state registrar, who shall make a new certificate of live birth of the person adopted, in the new name if the name has been changed in the decree.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1283.1. Petition; contents; form

CHAPTER 3. NON-HAGUE CONVENTION COUNTRY ADOPTIONS
ADOPTION OF A FOREIGN ORPHAN
Art. 1283.1. Petition; contents; form
A. The petition for adoption of a foreign orphan shall be styled: "In re __________, Applying for Adoption of Foreign Orphan from a Non-Hague Convention Country." The petition or an attached exhibit shall state:
(1) The full name, address, age, occupation, and marital status of each petitioner.
(2) The name by which the child is known to petitioners as well as the name under which the birth of the child is recorded.
(3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.
(4) The date and circumstances under which the child entered the home of the petitioner.
(5) Any relationship existing between the petitioner and the child.
B. The petition shall be accompanied by a certification for adoption, a certified copy of the United States Citizenship and Immigration Services documentation of orphan status, a copy of the child's immigrant visa or permanent resident card, the original or a certified copy of a valid foreign custody decree, together with a notarized translation, and the original or certified copy of a valid birth certificate, together with a notarized translation, and an affidavit of fees and expenses.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1283.3. Adoption disclosure affidavit of fees and charges

Art. 1283.3. Adoption disclosure affidavit of fees and charges
A. Each petition for an adoption shall be accompanied by an affidavit executed by the petitioner and petitioner's attorney containing an accounting of fees and charges paid or agreed to be paid by or on behalf of the petitioner in connection with the adoption.
B. The affidavit shall not include any identifying information as to the biological parents, their families, or the child's birth name.
C. The form for the affidavit shall be as follows:
"ADOPTION DISCLOSURE AFFIDAVIT
BEFORE ME, the undersigned authority, personally came and appeared __________ (petitioner) and __________ (attorney for petitioner), who, being first duly sworn, did depose and state:
In the matter of the adoption by __________ (petitioner's name):
(1) We report the following fees and charges, or other things of value given in connection with this adoption paid to any agency or individual:
Actual
Estimated due:
Due or paid to:
$
$
A.
Agency administrative expenses:
1. Attorney fees
2. Court costs
3. Travel costs
4. Overhead
5. Other (Specify)
B. Agency Mental Health Counseling expenses:
1. Counseling for adopting parents
2. Home study evaluations
3. Counseling for the child
4. Other (Specify)
C. Medical expenses for biological mother:
1. Medical
2. Travel
3. Other (Specify)
D. Medical/foster care expenses for child:
1. Medical
2. Travel
3. Other (Specify)
E. Other expenses (Specify):
(2) We certify that to the best of our knowledge no other fees, charges, or things of value other than court costs have been given or shall be given by anyone in connection with this adoption.
(3) We declare that this disclosure statement has been examined by each of us and that its contents are true to the best of our information, knowledge, and belief.
(4) We understand that each of us has a continuing obligation to supplement and amend this affidavit as necessary.
(5) We understand that this information will be transmitted to the office of adoption services, Louisiana Department of Children and Family Services. We further understand that it may be released by written authorization of the court for purposes of a grand jury investigation pursuant to R.S. 14:286 or for an ethical investigation by the Committee on Professional Responsibility of the Louisiana State Bar Association.
__________________________
____________________________
Signature of Petitioner
Signature of Attorney
____________________________
____________________________
Address
Address
SWORN TO AND SUBSCRIBED BEFORE ME ON THIS _____ DAY OF ______, ___.
____________________________
(NOTARY PUBLIC)"
D. Confidentiality of information contained in the adoption disclosure affidavit shall be maintained as provided in Chapter 5 of Title XII of this Code, and shall be released only in accordance with this Article or on written authorization of the court for the purposes of a grand jury investigation of a violation of R.S. 14:286 or an ethical investigation by the Committee on Professional Responsibility of the Louisiana State Bar Association.
Acts 1999, No. 1268, §1.
2023 Louisiana Laws › Children's Code › Art. 1283.4. Service of process

Art. 1283.4. Service of process
A copy of the petition for adoption of a foreign orphan together with all exhibits shall be served by registered or certified mail, return receipt requested, postage prepaid and properly addressed to the department and on any agency having legal custody of the child.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1283.5. Duties of department; home study; confidential report

Art. 1283.5. Duties of department; home study; confidential report
A. The department shall investigate the proposed adoption of the foreign orphan and submit a confidential report of its findings to the court. The findings shall include:
(1) The conditions with respect to the availability of the child for adoption.
(2) The physical and mental condition of the child.
(3) Other factors regarding the suitability of the child for adoption in petitioner's home.
(4) The moral and financial fitness of the petitioner.
(5) The conditions of the proposed adoptive home with respect to health, adjustment, and other advantages or disadvantages to the child.
B. The department may delegate the performance of this investigation to a licensed private adoption agency, but the department remains responsible for ensuring the accuracy and thoroughness of the resulting report and for the safety and welfare of the child. The department shall adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement this authorization in accordance with the Administrative Procedure Act.
Acts 1999, No. 1268, §1.
2023 Louisiana Laws › Children's Code › Art. 1283.6. Hearing

Art. 1283.6. Hearing
A. The court shall sign the order setting the time and place for the hearing of the petition for adoption of the foreign orphan not less than thirty nor more than sixty days after the filing of the adoption petition. The court may extend this time for good cause, which may include a showing by the department that it has been impossible to gather the necessary data within the time prescribed. The court may reduce the time to a minimum of fifteen days with written approval of the department and the petitioner.
B. At this hearing, the court shall consider:
(1) Any motion to intervene which has been filed.
(2) Any other issues in dispute.
(3) The confidential report of the department.
(4) The report of any criminal records or validated complaints of child abuse or neglect concerning the petitioner.
(5) The testimony of the parties.
C. If the child to be adopted is twelve years of age or older, the court shall solicit and consider his wishes in the matter.
Acts 1999, No. 1268, §1.
2023 Louisiana Laws › Children's Code › Art. 1283.7. Intervention

Art. 1283.7. Intervention
A. Intervention in agency adoption proceedings shall not be allowed except on motion to the court and a showing of good cause.
B. Such intervention shall be limited to persons having a substantial caretaking relationship with the child for one year or longer, or any other person that the court finds to be a party in interest.
C. The intervention of a party in interest shall be for the limited purpose of presenting evidence as to the best interest of the child.
Acts 1999, No. 1268, §1.
2023 Louisiana Laws › Children's Code › Art. 1283.8. Interlocutory decree

Art. 1283.8. Interlocutory decree
Upon due consideration of the factors enumerated in Article 1283.6(B), the court may grant or refuse to grant an interlocutory decree during or after the hearing. The basic consideration for this decree shall be the best interest of the child.
Acts 1999, No. 1268, §1.
2023 Louisiana Laws › Children's Code › Art. 1283.9. Final decree at first hearing

Art. 1283.9. Final decree at first hearing
Upon due consideration of the factors enumerated in Article 1283.6(B), the court may render a final decree of adoption at the first hearing, without the necessity of first entering an interlocutory decree, if the child was placed in the petitioner's home by a licensed agency and the child has lived in that home for at least six months prior to the hearing for adoption.
Acts 1999, No. 1268, §1.
2023 Louisiana Laws › Children's Code › Art. 1283.10. Continuing duties of department

Art. 1283.10. Continuing duties of department
A. After an interlocutory decree has been entered, the department shall maintain contact with the proposed adoptive home directly or through another agency in accordance with Paragraph B. The number of visits to the home and the time for them shall be within the discretion of the department. However, no less than two visits shall be made to the home, one of which shall occur within thirty days before the final decree of adoption.
B. The department may delegate the performance of this investigation to a licensed private adoption agency, but the department remains responsible for ensuring the accuracy and thoroughness of the resulting report and for the safety and welfare of the child. The department shall adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement this authorization in accordance with the Administrative Procedure Act.
C. A second confidential report must be presented to the court preceding the hearing on the final decree of adoption. The findings of this report shall be based upon the same findings as prescribed in Article 1283.5 and shall disclose any changed conditions and all new pertinent information.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1283.11. Expiration of interlocutory decree

Art. 1283.11. Expiration of interlocutory decree
If no petition for a final decree is filed within two years after the granting of an interlocutory decree, the latter shall become null and void unless good cause is shown why an extension should be granted.
Acts 1999, No. 1268, §1.
2023 Louisiana Laws › Children's Code › Art. 1283.12. Revocation of interlocutory decree

Art. 1283.12. Revocation of interlocutory decree
A. At any time before the entry of the final decree of adoption, the court for good cause may revoke its interlocutory decree either on its own motion, on the motion of the department, or on the motion of the petitioner or any person interested in the child.
B. All parties upon whom service was originally made shall be notified at least ten days prior to the signing of the order of revocation and shall be given an opportunity to be heard upon their written request.
Acts 1999, No. 1268, §1.
2023 Louisiana Laws › Children's Code › Art. 1283.13. Petition for final decree following interlocutory decree

Art. 1283.13. Petition for final decree following interlocutory decree
A. The child shall have lived with the petitioner for at least one year and at least six months shall have elapsed after the granting of an interlocutory decree before the petitioner may file a petition for final decree of adoption.
B. The court shall set a time and place for the hearing of the petition for final decree. The petition for final decree need not be served upon anyone except the department.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1283.14. Final decree; notice; standard

Art. 1283.14. Final decree; notice; standard
A. The court, as a part of the final decree, shall provide notice of the provisions of R.S. 14:46.4 to the parties.
B. The court, after hearing and after taking into consideration information from all sources concerning the adoption, may enter a final decree of adoption, or it may deny the adoption. The basic consideration shall be the best interest of the child.
Acts 1999, No. 1268, §1; Acts 2014, No. 721, §1.
2023 Louisiana Laws › Children's Code › Art. 1283.15. Effect of final decree

Art. 1283.15. Effect of final decree
The final decree of adoption shall have the same force and effect as any final decree of adoption rendered by a court of this state and automatically entitles the child to United States citizenship under the Intercountry Adoption Act.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1283.16. Change of name; issuance of birth certificate

Art. 1283.16. Change of name; issuance of birth certificate
The full name of the adopted child may be changed in the final decree of foreign orphan adoption and, if changed, the surname shall be the same as that of the adoptive parent. In accordance with R.S. 40:79, the clerk of court shall forward, on a form supplied by the Department of Children and Family Services, his certificate of the decree to the state registrar, who shall make a new certificate of live birth of the person adopted in the new name if the name has been changed in the decree.
Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1283.17. Refusal of interlocutory or final decree

Art. 1283.17. Refusal of interlocutory or final decree
Upon refusal to grant an interlocutory or final decree to the petitioners for the reason that the intercountry adoption is not in the best interest of the child, the court may remove the child from the petitioner and reinstate the legal custodian or appoint a custodian.
Acts 1999, No. 1268, §1.
2023 Louisiana Laws › Children's Code › Art. 1284.1. Petition; contents; form

CHAPTER 4. HAGUE CONVENTION COUNTRY ADOPTIONS
RECOGNITION OF FOREIGN ADOPTION
Art. 1284.1. Petition; contents; form
A. The petition for recognition of foreign adoption shall be styled: "In re __________, Applying for Recognition of Foreign Adoption from a Hague Convention Country." The petition or an attached exhibit shall state:
(1) The full name, address, age, occupation, and marital status of each petitioner, at least one of whom is a domiciliary of the state of Louisiana.
(2) The name by which the child is known to petitioners.
(3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.
(4) The date and circumstances under which the child was adopted in a foreign country and entered the home of the petitioner.
(5) Any relationship existing between the petitioner and the child.
B. The petition shall be accompanied by a Hague Adoption Certificate issued by a United States consular officer pursuant to 22 CFR 42.24(j) and a copy of the child's IH-3 visa. Documents related to a convention adoption shall require no authentication in order to be admissible unless a specific and supported claim is made that the documents are false, have been altered, or are otherwise unreliable.
Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1284.2. Findings

Art. 1284.2. Findings
The court shall issue a judgment recognizing the foreign adoption and rendering a final decree of adoption upon finding that:
(1) At least one of the adoptive parents is a domiciliary of the state of Louisiana.
(2) The original or a certified copy of the foreign adoption decree, together with a notarized transcript, has been filed and is presumed to have been granted in accordance with the law of the foreign country.
(3) The foreign adoption has been completed in accordance with the Hague Convention and the Intercountry Adoption Act.
(4) The child is either a permanent resident or a naturalized citizen of the United States.
(5) The petitioners have the ability to care for, maintain, and educate the child.
Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1284.3. Final decree; notice; standard

Art. 1284.3. Final decree; notice; standard
A. The court, as a part of the final decree, shall provide notice of the provisions of R.S. 14:46.4 to the parties.
B. The court, after taking into consideration all documents filed concerning the adoption, may enter a final decree of adoption, or it may deny recognition of the adoption. Recognition may be refused only if the adoption is manifestly contrary to public policy, taking into account the best interests of the child.
Acts 2013, No. 86, §1; Acts 2014, No. 721, §1.
2023 Louisiana Laws › Children's Code › Art. 1284.5. Change of name; issuance of birth certificate

Art. 1284.5. Change of name; issuance of birth certificate
The full name of the adopted child may be changed in the final decree of recognition of foreign adoption and, if changed, the surname shall be the same as that of the adoptive parent. In accordance with R.S. 40:79, the clerk of court shall forward, on a form supplied by the Department of Children and Family Services, his certificate of the decree to the state registrar, who shall make a new certificate of live birth of the person adopted, in the new name if the name has been changed in the decree.
Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1285.1. Petition; contents; form

CHAPTER 5. ADOPTION OF A HAGUE CONVENTION ADOPTEE
Art. 1285.1. Petition; contents; form
A. The petition for adoption of a Hague Convention adoptee shall be styled: "In re __________, Applying for Adoption of Hague Convention Adoptee." The petition or an attached exhibit shall state:
(1) The full name, address, age, occupation, and marital status of each petitioner.
(2) The name by which the child is known to petitioners as well as the name under which the birth of the child is recorded.
(3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.
(4) The date and circumstances under which the child entered the home of the petitioner.
(5) Any relationship existing between the petitioner and the child.
B. The petition shall be accompanied by a Hague Custody Declaration issued by a United States consular officer and a copy of the child's IH-4 visa or a certificate from the United States Secretary of State that the legal custody of the child was granted in compliance with federal law. Documents related to a convention adoption shall require no authentication in order to be admissible unless a specific and supported claim is made that the documents are false, have been altered or are otherwise unreliable.
Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1285.3. Adoption disclosure affidavit of fees and charges

Art. 1285.3. Adoption disclosure affidavit of fees and charges
A. Each petition for an adoption shall be accompanied by an affidavit executed by the petitioner and petitioner's attorney containing an accounting of fees and charges paid or agreed to be paid by or on behalf of the petitioner in connection with the adoption.
B. The affidavit shall not include any identifying information as to the biological parents, their families, or the child's birth name.
C. The form for the affidavit shall be as follows:
"ADOPTION DISCLOSURE AFFIDAVIT
BEFORE ME, the undersigned authority, personally came and appeared __________ (petitioner) and __________ (attorney for petitioner), who, being first duly sworn, did depose and state:
In the matter of the adoption by __________ (petitioner's name):
(1) We report the following fees and charges, or other things of value given in connection with this adoption paid to any agency or individual:
Actual
Estimated due:
Due or paid to:
$
$
A. Agency administrative expenses:
1. Attorney fees
2. Court costs
3. Travel costs
4. Overhead
5. Other (Specify)
B. Agency Mental Health Counseling expenses:
1. Counseling for adoptive parents
2. Home study evaluations
3. Counseling for the child
4. Other (Specify)
C. Medical expenses for biological mother:
1. Medical
2. Travel
3. Other (Specify)
D. Medical/foster care expenses for child:
1. Medical
2. Travel
3. Other (Specify)
E. Other expenses (Specify):
(2) We certify that to the best of our knowledge no other fees, charges, or things of value other than court costs have been given or shall be given by anyone in connection with this adoption.
(3) We declare that this disclosure statement has been examined by each of us and that its contents are true to the best of our information, knowledge, and belief.
(4) We understand that each of us has a continuing obligation to supplement and amend this affidavit as necessary.
(5) We understand that this information will be transmitted to the office of adoption services, Department of Children and Family Services. We further understand that it may be released by written authorization of the court for purposes of a grand jury investigation pursuant to R.S. 14:286 or for an ethical investigation by the Committee on Professional Responsibility of the Louisiana State Bar Association.
__________________________
____________________________
Signature of Petitioner
Signature of Attorney
_______________________________________________________________
Address
Address
SWORN TO AND SUBSCRIBED BEFORE ME ON THIS ____ DAY OF _____.
____________________________
(NOTARY PUBLIC)"
D. Confidentiality of information contained in the adoption disclosure affidavit shall be maintained as provided in Chapter 5 of Title XII of this Code, and shall be released only in accordance with this Article or on written authorization of the court for the purposes of a grand jury investigation of a violation of R.S. 14:286 or an ethical investigation by the Committee on Professional Responsibility of the Louisiana State Bar Association.
Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1285.4. Service of process

Art. 1285.4. Service of process
A copy of the petition for adoption of a Hague Convention adoptee together with all exhibits shall be served by registered or certified mail, return receipt requested, postage prepaid, and properly addressed to the department and on any agency having legal custody of the child.
Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1285.5. Duties of department; home study; confidential report

Art. 1285.5. Duties of department; home study; confidential report
A. The department shall investigate the proposed adoption of the Hague Convention adoptee and submit a confidential report of its findings to the court. The findings shall include:
(1) The conditions with respect to the availability of the child for adoption.
(2) The physical and mental condition of the child.
(3) Other factors regarding the suitability of the child for adoption in petitioner's home.
(4) The moral and financial fitness of the petitioner.
(5) The conditions of the proposed adoptive home with respect to health, adjustment, and other advantages or disadvantages to the child.
B. The department may delegate the performance of this investigation to an authorized Hague Convention home study preparation agency, but the department remains responsible for ensuring the accuracy and thoroughness of the resulting report and for the safety and welfare of the child. The department shall adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement this authorization in accordance with the Administrative Procedure Act.
Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1285.6. Hearing

Art. 1285.6. Hearing
A. The court shall sign the order setting the time and place for the hearing of the petition for adoption of the Hague Convention adoptee not less than thirty nor more than sixty days after the filing of the adoption petition. The court may extend this time for good cause, which may include a showing by the department that it has been impossible to gather the necessary data within the time prescribed. The court may reduce the time to a minimum of fifteen days with written approval of the department and the petitioner.
B. At this hearing, the court shall consider:
(1) Any motion to intervene that has been filed.
(2) Any other issues in dispute.
(3) The confidential report of the department.
(4) The report of any criminal records or validated complaints of child abuse or neglect concerning the petitioner.
(5) The testimony of the parties.
C. If the child to be adopted is twelve years of age or older, the court shall solicit and consider his wishes in the matter.
Acts 2013, No. 86, §1.
2023 Louisiana Laws › Children's Code › Art. 1285.7. Intervention

Art. 1285.7. Intervention
A. Intervention in agency adoption proceedings shall not be allowed except on motion to the court and a showing of good cause.
B. Such intervention shall be limited to persons having a substantial caretaking relationship with the child for one year or longer, or any other person that the court finds to be a party in interest.
C. The intervention of a party in interest shall be for the limited purpose of presenting evidence as to the best interest of the child.
Acts 2013, No. 86, §1.