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2023 Louisiana Laws › Children's Code › Art. 834. Appointment of sanity commission; qualifications

Art. 834. Appointment of competency commission; qualifications
A.(1) Within seven days after a mental competency examination is ordered, the court shall appoint a competency commission to examine and report on the mental condition of the child. The competency commission shall consist of at least one and not more than three persons who are physicians or psychologists. If only one member is appointed, the court upon request of the district attorney or counsel for the child, shall appoint another member. Not more than one commission member shall be the coroner or his deputy.
(2) Every person appointed to the commission shall be licensed in his field in Louisiana, have been in the actual practice of medicine or clinical or counseling psychology for not less than three consecutive years immediately preceding the appointment, have expertise in child development specific to severe chronic disability of children attributable to intellectual impairment, and be qualified by training or experience in the forensic evaluation of children.
(3) The order appointing the competency commission shall set the time and date of the contradictory hearing to determine the mental capacity of the child to proceed as provided in Article 836.
B. If no psychologist is appointed to the commission and one of the appointed physicians determines that psychological testing is needed, upon request of the commission the court shall appoint a psychologist to the commission.
C. The members of the commission appointed to make the examination shall have free access to the child at all reasonable times. The court shall issue a subpoena for the attendance of witnesses at the examination upon the request of the child, the commission, or any member thereof.
D. For the purpose of the mental competency examination, the court may order a child previously released on bail to appear for any mental examinations and hearings authorized by this Chapter.
E. The clerk of court shall give written notice of the time and date of the contradictory hearing and all continuances to the Louisiana Department of Health, bureau of legal services.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2004, No. 485, §1, eff. Jan. 1, 2005; Acts 2006, No. 266, §1; Acts 2008, No. 222, §1, eff. June 16, 2008.
2023 Louisiana Laws › Children's Code › Art. 834.1. Documentation of competency commission

Art. 834.1. Documentation of competency commission
A. The order appointing the competency commission and setting the contradictory hearing shall also require the clerk of court to provide the members of the commission with:
(1) A copy of the verified complaint.
(2) The names and addresses of the judge, district attorney, and counsel for the child.
(3) All other relevant information as specified by the court.
B. The court shall order the district attorney to provide the police report to the members of the competency commission. The court shall also order the district attorney and counsel for the child to provide to the members of the commission the mental health records, developmental disability records, educational records, and any other additional information regarding the child that is in their possession, and that is relevant to the evaluation of the mental capacity of the child to proceed and that is not protected by the attorney-client privilege.
C. All information required by this Article shall be delivered to the members of the competency commission within five business days after the appointment of the commission. For good cause shown, the court may extend the time of delivery for a period not to exceed fifteen days.
Acts 2006, No. 266, §1; Acts 2008, No. 222, §1, eff. June 16, 2008.
2023 Louisiana Laws › Children's Code › Art. 835. Report of competency commission; content; filing

Art. 835. Report of competency commission; content; filing
A. The competency commission shall file its report in the court record and mail copies to all counsel of record within thirty days after the date of the order of appointment. For good cause shown, the court may extend the time for filing for a period not to exceed fifteen days.
B. The report shall include the following:
(1) The reason for the evaluation, if known.
(2) The evaluation procedures used, including any psychometric tests administered, records reviewed, and identity of any persons interviewed.
(3) Pertinent background information, including history of school performance, previous psychiatric history, and family history.
(4) Results of mental status examination, including any psychometric testing administered.
(5) A description of any psychiatric symptoms or cognitive deficiencies, including a diagnosis, if one has been made.
(6) A description of the child's abilities and deficits in the following mental competency functions, coupled with the reasons therefor:
(a) Understanding and appreciation of the nature and object of the proceedings.
(b) Comprehension of his situation in relation to the proceedings.
(c) Rendering assistance to defense counsel in preparation of the case.
(7) An opinion regarding whether as a result of mental illness or developmental disability a child presently lacks the capacity to understand the nature of proceedings against him or to assist in his defense.
(8) Recommendations for modifications to court procedures which may help compensate for mental competency weaknesses.
C. If, in the competency commission's opinion, the child should not be considered to possess mental capacity to proceed, the report shall also include the following:
(1) A prognosis as to whether there is a substantial probability that the child will attain mental competency to proceed in the foreseeable future.
(2) Recommendations for the type of remediation necessary, such as competency restoration services.
D. The report shall not include any statement of the child relating to the alleged offense, and no such statement may be used against the child in court proceedings on the offense.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2004, No. 485, §1, eff. Jan. 1, 2005; Acts 2006, No. 266, §1; Acts 2008, No. 222, §1, eff. June 16, 2008.
2023 Louisiana Laws › Children's Code › Art. 836. Determination of mental capacity to proceed

Art. 836. Determination of mental capacity to proceed
A. The issue of the mental capacity of the child to proceed shall be determined by the court after a contradictory hearing. If the child is in a secure detention facility, the hearing shall be held within forty-five days of the appointment of the competency commission. Otherwise, the hearing shall be held within sixty days of the appointment of the commission. The court may extend either time period for a period not to exceed fifteen days, if an extension of time was granted in accordance with Article 835.
B. The report of the competency commission is admissible in evidence at the hearing. Members of the commission may be called as witnesses by the court, the child, or the district attorney. The members of the competency commission are subject to cross examination by the child, the district attorney, and the court. Other evidence pertaining to the child's capacity to proceed may be introduced at the hearing by the child and by the district attorney.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2006, No. 266, §1; Acts 2008, No. 222, §1, eff. June 16, 2008.
2023 Louisiana Laws › Children's Code › Art. 837.1. Standards for restoration service providers

Art. 837.1. Standards for restoration service providers
A. A restoration service provider shall meet the following qualifications:
(1) Shall not have served on the competency commission.
(2) Shall be a psychiatrist, psychologist, medical psychologist, certified special education teacher, social worker, or counselor, if the court determines the child lacks the mental capacity to proceed solely because of ignorance of court procedure or legal rights.
(3) Shall be a psychiatrist, licensed psychologist, medical psychologist, licensed clinical social worker, qualified intellectual disability professional, or licensed professional counselor all of whom have been engaged in the practice of clinical psychology or counseling for not less than three consecutive years immediately preceding the appointment and who have expertise in child development specific to severe chronic disability of children attributable to intellectual impairment, if the court determines the child lacks the mental capacity to proceed because of mental illness or developmental disorder.
(4) May be a combination of persons meeting the qualifications in Subparagraphs (2) and (3) of this Paragraph, if the court determines the child lacks the mental capacity to proceed both because of ignorance of court procedure or legal rights and because of mental illness or developmental disorder.
B. All restoration service providers shall:
(1) Possess at least two years experience working with children or adolescents.
(2) Be knowledgeable of the state's competency standards and statutes and with the treatment, training, and restoration courses approved by the Louisiana Department of Health.
(3) Have undergone child capacity to proceed restoration training, reviewed the training materials provided, and have certified in writing that the materials have been reviewed.
(4) Be certified by the Louisiana Department of Health as having completed a restoration service provider training course.
C. The Louisiana Department of Health shall promulgate rules and regulations for certifying restoration providers and develop a training module within one year from August 15, 2006. The department shall set reasonable fees for the training and certification of restoration service providers.
D. To remain certified, a restoration provider shall complete additional training every two years.
Acts 2006, No. 266, §1; Acts 2008, No. 222, §1, eff. June 16, 2008; Acts 2009, No. 251, §13; Acts 2014, No. 811, §33, eff. June 23, 2014.
2023 Louisiana Laws › Children's Code › Art. 837.2. Report of restoration service provider

Art. 837.2. Report of restoration service provider
A. A restoration service provider shall submit a report to the court, the district attorney, and counsel representing the child ninety days after the initial contradictory hearing to determine the mental capacity of the child to proceed and every ninety days thereafter, as long as the child is receiving restoration services.
B. Each report shall include all of the following:
(1) The services provided to the child, including medication, education, and counseling.
(2) The likelihood that the mental capacity of the child to proceed will be restored in the foreseeable future.
(3) The progress of the child including his ability to:
(a) Understand and appreciate the delinquency allegations against him.
(b) Understand and appreciate the range and nature of possible adjudications and the range of dispositions that may be imposed.
(c) Comprehend his situation in relation to the proceedings.
(d) Make simple decisions in response to well-explained alternatives.
(e) Distinguish an admission from a denial and understand and appreciate the consequences of each.
(f) Understand and appreciate his legal rights.
(g) Understand and appreciate what defenses are available and maintain a consistent defense.
(h) Understand and appreciate the adversarial nature of the legal process, including the roles of the judge, defense counsel, and the district attorney.
(i) Disclose to counsel facts pertinent to the proceedings at issue and aid counsel in locating and examining relevant witnesses.
(j) Display appropriate courtroom behavior.
(k) Testify relevantly without his mental state deteriorating under the stress of trial.
(l) Listen to witness testimony and inform counsel of any distortions and misstatements.
C. If the child has been placed by the court in an out-of-home placement, the report shall also include an assessment of the danger the child poses to himself or others and an assessment of the appropriateness of the placement. In addition, the restoration service provider or agency with custody of the child shall also file a report which includes all components required in Paragraph B of this Article at any time the provider or agency determines that the child has attained the mental capacity to proceed or out-of-home placement is no longer appropriate.
D. Testimony from a restoration service provider and reports provided to the court regarding restoration services shall not include any statement of the child relating to the alleged offense, and no such statement may be used against the child in subsequent court proceedings.
Acts 2006, No. 266, §1.
2023 Louisiana Laws › Children's Code › Art. 837.3. Six-month evaluation; hearing

Art. 837.3. Six-month evaluation; hearing
A. If, within six months of the initial contradictory hearing to determine the mental capacity of the child to proceed, the restoration service provider determines that the child has not attained the mental capacity to proceed, the provider shall evaluate the likelihood of the child to attain the mental capacity to proceed within two years of the initial contradictory hearing. If unlikely, the court shall, within a reasonable time and after at least ten days notice to the district attorney, counsel for the child, the parents of the child, the child, the physical custodian of the child, and the restoration provider, conduct a contradictory hearing to determine whether the child, in the two years following the initial hearing, will likely have the mental capacity to proceed and whether he is a danger to himself or others, or is gravely disabled.
B. After the hearing, if the court determines that the child will not likely have the mental capacity to proceed within two years of the initial hearing and that the child is not a danger to himself or others, the court may either:
(1) Dismiss the petition in accordance with Article 876.
(2) Adjudicate the family of the child to be in need of services and proceed to a disposition in accordance with Chapters 10 and 12 of Title VII.
(3) Place the child in the custody of his parents or other suitable person or private or public institution or agency under such terms and conditions deemed to be in the best interest of the child and the public, which conditions may include the provision of outpatient services by any suitable public or private agency.
C. After the hearing, if the court determines that the child will not likely have the mental capacity to proceed within two years of the initial hearing, and that the child, as a result of mental illness, is dangerous to himself or others, or is gravely disabled, the court shall order commitment to a designated and medically suitable treatment facility. The court order shall constitute an order of civil commitment as provided in Title XIV. However, no child shall be discharged or conditionally discharged except upon court order after a motion and contradictory hearing.
Acts 2006, No. 266, §1.
2023 Louisiana Laws › Children's Code › Art. 837.4. Two-year evaluation; hearing

Art. 837.4. Two-year evaluation; hearing
A. If, after two years of the initial contradictory hearing to determine the mental capacity of the child to proceed, the restoration service provider determines that the child has not attained the mental capacity to proceed, the provider shall evaluate the likelihood of the child to attain the mental capacity to proceed within one year. If unlikely, the court shall, within a reasonable time and after at least ten days notice to the district attorney, counsel for the child, the parents of the child, the child, the physical custodian of the child, and the restoration service provider, conduct a contradictory hearing to determine whether the child, in the one year following, will likely have the mental capacity to proceed and whether he is a danger to himself or others, or is gravely disabled.
B. After the hearing, if the child has not attained the mental capacity to proceed, and there is evidence that the child will not attain the mental capacity to proceed within a year, the court may either:
(1) Dismiss the petition in accordance with Article 876.
(2) Adjudicate the family of the child to be in need of services and proceed to a disposition in accordance with Chapters 10 and 12 of Title VII.
(3) Place the child in the custody of his parents or other suitable person or private or public institution or agency under such terms and conditions as deemed in the best interest of the child and the public, which conditions may include the provision of outpatient services by any suitable public or private agency.
C. If the court determines that the child, as a result of mental illness, is dangerous to himself or others or is gravely disabled and is incapable of proceeding and is unlikely in the foreseeable future to be capable of proceeding, the court may order commitment to a designated and medically suitable treatment facility. The court order shall constitute an order of civil commitment as provided in Title XIV. However, no child shall be discharged or conditionally discharged except upon court order after a motion and contradictory hearing.
Acts 2006, No. 266, §1.
2023 Louisiana Laws › Children's Code › Art. 837.5. Three-year evaluation; hearing

Art. 837.5. Three-year evaluation; hearing
A. If, after three years of the initial contradictory hearing to determine the mental capacity of the child to proceed, the restoration service provider determines that the child has not attained the mental capacity to proceed, the court shall, within a reasonable time and after at least ten days notice to the district attorney, counsel for the child, the parents of the child, the child, the physical custodian of the child, and the restoration service provider, conduct a contradictory hearing to determine whether the child has the mental capacity to proceed and whether he is a danger to himself or others, or is gravely disabled.
B. After the hearing, if the child has not attained the mental capacity to proceed, the court shall either:
(1) Dismiss the petition in accordance with Article 876.
(2) Adjudicate the family of the child to be in need of services and proceed to a disposition in accordance with Chapters 10 and 12 of Title VII.
(3) Place the child in the custody of his parents or other suitable person or private or public institution or agency under such terms and conditions as deemed in the best interest of the child and the public, which conditions may include the provision of outpatient services by any suitable public or private agency.
C. If the court determines that the child, as a result of mental illness, is dangerous to himself or others or is gravely disabled and is incapable of proceeding and is unlikely in the foreseeable future to be capable of proceeding, the court may order commitment to a designated and medically suitable treatment facility. The court order shall constitute an order of civil commitment as provided in Title XIV. However, a child shall not be discharged or conditionally discharged except upon order of the court after a motion and contradictory hearing.
Acts 2006, No. 266, §1.
2023 Louisiana Laws › Children's Code › Art. 837.6. Procedure for change of placement; commitment to mental institution or out-of-home placement

Art. 837.6. Procedure for change of placement; commitment to mental institution or out-of-home placement
A. If the child has been placed in an out-of-home placement, and the agency, institution, or individual charged with the care and custody of the child determines that the existing out-of-home placement is no longer appropriate for the child, the agency, institution, or individual shall file a motion requesting a contradictory hearing to determine the appropriate placement for the child.
B. The motion shall contain reasons for the determination that the current placement is no longer appropriate for the child and shall contain recommendations for an alternative placement. Notice of filing the motion shall be served upon the court, the district attorney, and counsel for the child.
C. The court shall set a hearing on the motion within fourteen days of filing and shall provide at least three days notice to the agency, institution or individual filing the motion, the district attorney, and counsel for the child.
Acts 2006, No. 266, §1.
2023 Louisiana Laws › Children's Code › Art. 838. Procedure when capacity regained

Art. 838. Procedure when capacity regained
A.(1) At any time after a child's commitment, if the Louisiana Department of Health or the superintendent of the mental institution reports to the committing court that the child presently has the mental capacity to proceed, the court shall:
(a) Hold a contradictory hearing within ten days on this issue and determine, for good cause shown and in accordance with the best interests of the child, if the child can be released from the custody of the Louisiana Department of Health. The hearing may be continued for up to three additional days.
(b) Appoint counsel to represent the child in accordance with Article 809 if the child no longer has counsel.
(2) If all parties stipulate that the child presently has the mental capacity to proceed, another mental examination by a competency commission is not necessary. If all parties do not agree that the child has the mental capacity to proceed, then the court shall order a mental examination by a competency commission to reevaluate the child. The court may release the child from the custody of the Louisiana Department of Health to a less restrictive environment during the reevaluation process.
B. The district attorney or the child may apply to the court to have the proceedings resumed on the ground that the child presently has the mental capacity to proceed. Upon receipt of such application the court shall order a mental examination by a competency commission appointed on the issue of whether the child presently has the mental capacity to proceed. The court may order the Louisiana Department of Health or superintendent of the mental institution where the child is committed to make a report as to the child's course of treatment and current mental status. The court shall hold a contradictory hearing within ten days to determine, for good cause shown and in accordance with the best interests of the child, if the child presently has the mental capacity to proceed. The court may continue the hearing for up to three additional days.
C. Reports as to present mental capacity to proceed shall be filed in conformity with Article 835, and the court's determination of present mental capacity to proceed shall be made in conformity with the provisions of Article 836.
D. If the court determines that the child has the mental capacity to proceed, the proceedings shall be promptly resumed. If the court determines that the child does not have the mental capacity to proceed, the court shall proceed in accordance with Article 837.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2004, No. 485, §1, eff. Jan. 1, 2005; Acts 2006, No. 266, §1; Acts 2008, No. 222, §1, eff. June 16, 2008.
2023 Louisiana Laws › Children's Code › Art. 839. Availability of an informal adjustment agreement

CHAPTER 8. INFORMAL ADJUSTMENT PROCEDURE
Art. 839. Availability of an informal adjustment agreement
A. Prior to the filing of a petition, the district attorney or the court with the consent of the district attorney may authorize an informal adjustment agreement.
B. After the filing of a petition but before the attachment of jeopardy pursuant to Article 811, the court may authorize the district attorney or probation officer to effect an informal adjustment agreement if the child and district attorney have no objection. The court may, with concurrence of the district attorney, dismiss the petition or allow the petition to remain pending during the period of informal adjustment.
C. When entering an informal adjustment agreement, the court may, with concurrence of the district attorney, utilize or initiate a teen or youth court program and may assess a fee to a participant in the program to offset costs.
D.(1) Where a petition involves an allegation of an act of prostitution pursuant to R.S. 14:82, prostitution by massage pursuant to R.S. 14:83.3 or 83.4, or crimes against nature by solicitation pursuant to R.S. 14:89.2 and it is the child's first offense and the child expresses a willingness to cooperate and receive specialized services for sexually exploited children, the district attorney may effect an informal adjustment agreement which includes specialized services for the child.
(2) If, however, the child has previously been adjudicated a delinquent in violation of R.S. 14:82, 83.3, 83.4, or 89.2 or is unwilling to cooperate with specialized services for sexually exploited children, continuing with the delinquency proceeding shall be within the discretion of the district attorney.
(3) The specialized services referenced in Subparagraph (1) of this Paragraph may include but are not limited to safe and stable housing, comprehensive on-site case management, integrated mental health and chemical dependency services, including specialized trauma recovery services, education and employment training, and referrals to off-site specialized services, as appropriate.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 897, §1; Acts 2003, No. 940, §1; Acts 2009, No. 213, §1; Acts 2013, No. 429, §3, eff. June 24, 2013.
2023 Louisiana Laws › Children's Code › Art. 840. Form of agreement

Art. 840. Form of agreement
A. An informal adjustment agreement shall set forth in writing the terms and conditions of the child's supervision during the term specified in the agreement. It shall be signed by the district attorney or the probation officer and by the child and his parents.
B. It must demonstrate that the child and his parents understand the child's right to an adjudication hearing on the offense. It must also demonstrate that they consent to the terms of the adjustment agreement with knowledge that their consent is not obligatory and with knowledge of the effect of the agreement as set out hereinafter in Article 841.
C. The initial period of informal adjustment shall not exceed six months; however, the court may extend the agreement for additional periods of six months, not to exceed a total of two years.
D. If a petition has been filed, the adjustment agreement shall be filed in the record.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2009, No. 213, §1.
2023 Louisiana Laws › Children's Code › Art. 841. Effect of agreement

Art. 841. Effect of agreement
A. An informal adjustment agreement shall not be considered an adjudication. Evidence of the existence of an agreement shall not be used against the child over objection in any adjudication hearing or criminal trial. That evidence may be used in a disposition hearing in the juvenile court or for the purpose of a presentence investigation after a criminal conviction.
B. An informal adjustment agreement suspends the proceedings on the delinquent acts charged in the complaint or petition. If any of the terms of the agreement are violated, the case may proceed to an adjudication hearing on the charges. If the child 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. Any incriminating statement made by the child 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 child, over objection, in an adjudication hearing or criminal trial. The incriminating statement may be used in a disposition hearing in the court or for the purpose of a presentence investigation after a criminal conviction.
D. If any medical, mental health, sensory, or special competency evaluation is performed during the period of an informal adjustment agreement, the report shall not include any incriminating statement made by the child. The examination shall not occur until five days after the clerk of court has given notice to all parties of the examination order. Any incriminating statement made by the child to the evaluator, which would violate the child's privilege against self-incrimination, shall not be used against him in any future court proceedings, adjudication hearing, or later criminal trial.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2001, No. 567, §1; Acts 2010, No. 594, §1.
2023 Louisiana Laws › Children's Code › Art. 842. Authority to file petition

CHAPTER 9. PETITION AND SUMMONS
Art. 842. Authority to file petition
A delinquency proceeding shall be commenced by a petition. The district attorney may file a petition without leave of court. Any person authorized by the court may file a petition if there are reasonable grounds to believe that the child is a delinquent child.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 843. Time for filing of petition; child in custody

Art. 843. Time for filing of petition; child in custody
A. If a child is continued in custody prior to adjudication, the delinquency petition shall be filed within forty-eight hours of the hearing to determine continued custody.
B. If no petition is filed within the applicable time period, the child shall be released.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 844. Form of petition

Art. 844. 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, §8, eff. Jan. 1, 1992; Acts 2014, No. 133, §1.
2023 Louisiana Laws › Children's Code › Art. 845. Contents of petition

Art. 845. Contents of petition
A. The petition shall set forth with specificity:
(1) The name, date, and place of birth, sex, race, address, and present location of the child.
(2) The names and addresses of the parents and spouse, if any, of the child. If the parents are not within the state or cannot be located, the name and address of the child's closest adult relative within the state, or, if there be none, the known adult relative residing nearest to the court.
(3) Facts which show that the child is a delinquent child.
(4) The statute or ordinance which the child is alleged to have violated.
B. If the information required by Subparagraph (A)(1) or (2) of this Article is unknown, the petition shall so allege. Any defects in the allegations required by Subparagraphs (A)(1) and (2) of this Article and in the citation of the statute or ordinance required by Subparagraph (A)(4) of this Article shall be considered defects of form.
C. Two or more delinquent acts may be charged in the same petition in a separate count for each act if the acts charged, whether based upon felony or misdemeanor offenses, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan.
D. The petition shall conclude with a request that the court adjudicate the child to be delinquent.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 846. Amendment of petition

Art. 846. 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. After jeopardy begins pursuant to Article 811, a petition shall not be amended to include new allegations of fact or requests for adjudication.
D. On motion of the child 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 has been prejudiced in his defense upon the merits, the court shall consider all circumstances of the case and the entire course of the prosecution.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2021, No 270, §1.
2023 Louisiana Laws › Children's Code › Art. 847. Service of petition

Art. 847. Service of petition
A. A copy of the petition and the right to counsel form specified in Article 848 shall be served upon the child.
B. A copy of the petition and the right to counsel form specified in Article 848 shall also be served upon every parent whose address is known or can be determined after due diligence.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 848. Notice of right to counsel; form

Art. 848. Notice of right to counsel; form
"NOTICE
RIGHT TO COUNSEL
Under the laws of Louisiana, every child accused of delinquency is entitled to have a lawyer to be present and to assist the child to answer the attached petition. A child is entitled to be represented by a lawyer at every stage of proceedings in the juvenile court, including the right to appeal from any judgment of disposition which might be ordered by the court.
If the parents of an accused child are completely financially unable to afford to employ a lawyer, the court will appoint a lawyer and the state will pay for his services.
If the parents are found to be financially able to afford to employ a lawyer but fail to employ one, the juvenile court may appoint a lawyer for the child and require the parents to pay for the lawyer's services.
The financial ability or inability of the parents to employ a lawyer will be determined by the court after a hearing. The court may require the parents to pay for some or all of the costs of lawyer's services on behalf of the child.
After consulting with parents or other adult interested in the child's welfare, the child may be permitted by the court to proceed without the assistance of a lawyer. This decision can be made at any time during the proceedings in the juvenile court."
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 849. Service and return; resident parent

Art. 849. Service and return; resident parent
A. If a parent resides within the state, service shall be made personally or by domiciliary service or by certified mail as soon as possible and not less than forty-eight hours prior to commencement of the adjudication hearing on the matter.
B. The person effecting service shall execute a return and, if service was made by certified mail, the return receipt shall be attached thereto.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 850. Summons; child and resident parent

Art. 850. Summons; child and resident parent
A. Except as provided in Paragraph B of this Article, when a delinquency petition involves a child whose parent is a resident, the court shall issue a summons commanding that the child, his parents, and such other persons as the court deems proper appear before the court at a designated time and place.
B. In its discretion the court may decline to issue a summons to appear at any hearing for the parents of any child who is eighteen years of age or older.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 852. Service; nonresident parent

Art. 852. Service; nonresident parent
A. If a parent does not reside within this state, service shall be made by personal service or by certified mail to the address indicated in the petition, return receipt requested, not less than five days prior to the commencement of the adjudication hearing on the matter.
B. The person effecting the service shall file the return receipt as proof of service.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 853. Effect of nonappearance by a parent

Art. 853. Effect of nonappearance by a parent
If it appears from the record that the parent has been served in accordance with Article 849 or 852 and summoned to any hearing, or cannot be found, and the parent fails to appear, the hearing may be held in the parent's absence. The court shall appoint counsel for the child.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2012, No. 730, §1.
2023 Louisiana Laws › Children's Code › Art. 854. Appearance to answer petition; time

CHAPTER 10. ANSWER TO PETITION
Art. 854. Appearance to answer petition; time
A. If the petition is filed prior to or during the hearing to determine continued custody, the court may order the child to answer the petition upon completion of the hearing. If not so ordered and the child is continued in custody, he shall be ordered to appear to answer the petition within five days after the filing of the petition.
B. In all other cases, the child shall be ordered to appear to answer the petition within fifteen days after the filing of the petition.
C. For good cause, the court may extend such period.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 855. Advice of rights at appearance to answer

Art. 855. Advice of rights at appearance to answer
A. When the child appears to answer the petition, the court shall first determine that the child is capable of understanding statements about his rights under this Code.
B. If the child is capable, the court shall then advise the child of the following items in terms understandable to the child:
(1) The nature of this delinquency proceeding.
(2) The nature of the allegations of the petition.
(3) His right to an adjudication hearing.
(4) His right to be represented by an attorney, his right to have counsel appointed as provided in Article 809, and his right in certain circumstances authorized by Article 810 to waive counsel.
(5) His privilege against self-incrimination.
(6) The range of responses authorized under Article 856.
(7) The possible consequences of his admission that the allegations are true, including the maximum and minimal dispositions which the court may impose pursuant to Articles 897 through 900. In addition, if the child is fourteen years of age or older and the petition charges the child with the perpetration, attempted perpetration, or conspiracy to commit any of the following offenses, the court shall inform the child that, if he admits to allegations of the petition, or the allegations of the petition are found to be true, he may be required to register as a sex offender pursuant to Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950, and the court shall inform the child regarding applicable required registrations and their duration:
(a) Aggravated or first degree rape as defined in R.S. 14:42.
(b) Forcible or second degree rape as defined in R.S. 14:42.1.
(c) Second degree sexual battery as defined in R.S. 14:43.2.
(d) Aggravated kidnapping of a child who has not attained the age of thirteen years pursuant to R.S. 14:44 or 44.2.
(e) Second degree kidnapping of a child who has not attained the age of thirteen years as defined in R.S. 14:44.1.
(f) Aggravated crime against nature defined by R.S. 14:89.1(A)(2) involving circumstances defined by R.S. 15:541 as an aggravated offense.
(g) Aggravated crime against nature as defined in R.S. 14:89.1(A)(1).
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2010, No. 594, §1; Acts 2014, No. 602, §1, eff. June 12, 2014; Acts 2015, No. 184, §8.
2023 Louisiana Laws › Children's Code › Art. 856. Answer to petition

Art. 856. Answer to petition
A. After the child has been advised pursuant to Article 855, the court shall inquire how the child responds. The child may:
(1) Deny the allegations of the petition, in which case the court shall set the matter for an adjudication hearing.
(2) Deny the allegations of the petition and contest the request for adjudication due to insanity as defined in this Title, in which case the court shall not adjudicate the child without a hearing, at which time the child has the burden of establishing this defense.
(3) Admit the allegations of the petition, in which case the court shall further inquire to determine whether there is a factual basis for adjudication. If so, the court may then adjudicate the child delinquent.
(4) With the court's permission, enter a response of nolo contendere. If, in its discretion, the court accepts such response, the court shall further inquire to determine whether there is a factual basis for adjudication, and it may then adjudicate the child delinquent.
B. A child shall plead when called upon to answer. If he stands mute, refuses to plead, or pleads evasively, a denial of the petition shall be entered of record.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 857. Transfers for criminal prosecution; authority

CHAPTER 11. TRANSFERS FOR CRIMINAL PROSECUTION
Art. 857. Transfers for criminal prosecution; authority
A. The court on its own motion or on motion of the district attorney may conduct a hearing to consider whether to transfer a child for prosecution to the appropriate court exercising criminal jurisdiction if a delinquency petition has been filed which alleges that a child who is fourteen years of age or older at the time of the commission of the alleged offense but is not otherwise subject to the original jurisdiction of a court exercising criminal jurisdiction has committed any one or more of the following crimes:
(1) First degree murder.
(2) Second degree murder.
(3) Aggravated kidnapping.
(4) Aggravated or first degree rape.
(5) Aggravated battery when committed by the discharge of a firearm.
(6) Armed robbery when committed with a firearm.
(7) Repealed by Acts 2001, No. 301, §2.
(8) Forcible or second degree rape if the rape is committed upon a child at least two years younger than the rapist.
B. Notwithstanding any other provision of law to the contrary, a fourteen-year-old who is transferred pursuant to this Article and subsequently convicted shall not be confined for such conviction beyond his thirty-first birthday.
C.(1) An adult who is charged with an offense committed at the time he was a child for which the time limitation for the institution of prosecution pursuant to Code of Criminal Procedure Article 571 has not lapsed and for which he was subject to prosecution as an adult due to his age at the time the offense was committed shall be prosecuted as an adult in the appropriate court exercising criminal jurisdiction. If convicted, he shall be punished as an adult as provided by law.
(2) An adult who is charged with an offense committed at the time he was a child for which the time limitation for the institution of prosecution pursuant to Code of Criminal Procedure Article 571 has not lapsed and for which he was not subject to prosecution as an adult due to his age at the time the offense was committed shall be prosecuted as an adult in the appropriate court exercising criminal jurisdiction. If convicted, he shall be committed to the custody of the Department of Public Safety and Corrections to be confined in secure placement for a period of time as determined by the court not to exceed the maximum amount of confinement he could have been ordered to serve had he been adjudicated for the offense as a child at the time the offense was committed.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1994, 3rd Ex. Sess., No. 15, §1; Acts 1994, 3rd Ex. Sess., No. 39, §1; Acts 1997, No. 1137, §1, eff. July 14, 1997; Acts 2001, No. 301, §2; Acts 2008, No. 670, §1; Acts 2010, No. 805, §1; Acts 2015, No. 184, §8.
2023 Louisiana Laws › Children's Code › Art. 858. Motion for transfer; notice

Art. 858. Motion for transfer; notice
A. On motion of the district attorney, the child, or on its own motion, the court may conduct a transfer hearing. Such motion may be filed at any time following the filing of a delinquency petition but shall be heard prior to the adjudication hearing or acceptance of an admission to the delinquency petition.
B. Notice in writing of the time, place, and purpose of the hearing shall be given to the child and his parents and other custodian, if any, at least ten days before the hearing. In addition, if the petition charges the child with second degree kidnapping, aggravated or first degree rape, or forcible or second degree rape, the court shall inform the child regarding the applicable registration and duration requirements in Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2010, No. 594, §1; Acts 2015, No. 184, §8.
2023 Louisiana Laws › Children's Code › Art. 859. Conduct of transfer hearing

Art. 859. Conduct of transfer hearing
A. The transfer hearing shall be conducted in accordance with the provisions of Chapter 13 of this Title governing the conduct of an adjudication hearing, except as otherwise provided herein.
B. Only such evidence which pertains to the transfer criteria set out in Article 862 may be introduced.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 860. Medical, sensory, psychological, and psychiatric examinations

Art. 860. Medical, sensory, psychological, and psychiatric examinations
A. On its own motion or on the motion of the child or district attorney, the court may order any child subject to a motion to transfer to be examined by a physician, optometrist, audiologist, psychologist, or psychiatrist. Unless waived by the child, the examination shall not occur until five days after the clerk of court has notified all parties of the examination order.
B. Any examination shall be made and the findings submitted to the court within three days of the transfer hearing. This time period may be extended by the court for good cause.
C. Copies of any reports of findings submitted to the court shall be made available to counsel for all parties.
D. Unless the child has sought the examination or otherwise waives his privilege against self-incrimination, neither testimony about the report nor any of its contents is admissible in an adjudication hearing or later criminal trial, if any, which would violate the child's privilege against self-incrimination.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2010, No. 594, §1.
2023 Louisiana Laws › Children's Code › Art. 861. Access to evidence; reports

Art. 861. Access to evidence; reports
A. The child shall have all rights to discovery as provided for in Article 866.
B. In addition to the rights to review any report submitted pursuant to Article 860, the child shall have the right to review any report prepared regarding the transfer.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.