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2023 Louisiana Laws › Children's Code › Art. 1020. Notice of right to counsel and effect of termination judgment; form

Art. 1020. Notice of right to counsel and effect of termination judgment; form
Notice shall be issued by the clerk and served, together with a copy of the petition, on every parent against whom a proceeding is instituted under this Title and shall state:
"NOTICE
Louisiana law provides that you can permanently lose your rights as a parent. A petition has been filed requesting the court to terminate your parental rights to your child. A copy of the petition is attached to this notice. A court hearing of your case has been scheduled for the _____ day of __________, _____ at the __________ division of __________ court in the parish of __________. At this hearing, you will be asked to answer the petition by either admitting or denying the truth of the facts stated in the petition. If you admit those facts, you may also consent to the termination of your parental rights at this hearing. If you deny any or all of those facts, you will be given a date to return for a trial. If you fail to appear, the court can terminate your rights despite your absence. If the court at the trial finds that the facts set out in the petition are true and that termination of your rights will serve the best interests of your child, the court can enter a judgment ending your rights to your child. If the judgment terminates your parental rights, you will no longer have any rights to visit or to have custody of your child, or make any decisions affecting your child. Your child will be legally freed to be adopted by someone else. This is a very serious matter. You should contact a lawyer immediately so that you can be prepared for the court hearing. You have the right to hire a lawyer and to have him or her represent you. If you cannot afford to hire a lawyer, you may call the telephone number on the attached form for information concerning free legal aid. If free legal aid is not available, the court will appoint a lawyer at the scheduled hearing if the court finds that you are unable to pay some or all of the costs. Whether or not you decide to hire an attorney, you have the right to attend the hearing of your case, to call witnesses on your behalf, and to question those witnesses brought against you. If you have any questions concerning this notice, you may call the telephone number of the clerk's office which is __________."
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 256, §1.
2023 Louisiana Laws › Children's Code › Art. 1021. Service and return; child; resident parent; counsel

Art. 1021. Service and return; child; resident parent; counsel
A. For a child, through counsel, and for a parent who resides within the state, service of the petition, summons, and notice shall be made as soon as possible, and not less than fifteen days prior to commencement of the adjudication hearing on the matter, by any of the following means:
(1) Personal service.
(2) Domiciliary service.
(3) Certified mail.
(4) Electronic mail to the electronic mail address provided by counsel for the child or expressly designated by the parent in a pleading, at the continued custody or continued safety plan hearing, or at any other hearing at which the parent personally appeared before the court.
(5) Actual delivery by a commercial courier.
B. The person effecting service shall execute a return and, if service was made by certified mail, the return receipt shall be attached thereto.
C. Service by electronic mail is complete upon transmission, provided that the sender receives an electronic confirmation of delivery.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 1022. Service; nonresident parent

Art. 1022. Service; nonresident parent
If a parent against whom a proceeding is instituted does not reside within this state, service of citation shall be made by registered or certified mail to the address indicated in the petition, return receipt required, not less than five days prior to commencement of the hearing on the matter.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2021, No. 158, §1.
2023 Louisiana Laws › Children's Code › Art. 1023. Service; absentee parent; unidentified father

Art. 1023. Service; absentee parent; unidentified father
A. If the parent against whom a proceeding is instituted cannot be served in accordance with either Article 1021 or 1022, the court shall appoint an attorney at law as curator ad hoc for the parent and service of citation shall be made upon the curator ad hoc.
B. Upon appointment of the curator ad hoc, a copy of the order of appointment shall be forwarded to the department.
C. If the father is unidentified, it is not necessary to appoint a curator ad hoc for that parent. The father shall be considered unidentified if the biological father's name is not provided on the birth certificate, there is no presumed father, and no party to the proceedings or the mother, if not a party, is able to provide a first and last name of a putative father or alias sufficient to provide a reasonable possibility of identification and location.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2016, No. 407, §3, eff. June 5, 2016; Acts 2017, No. 239, §1.
2023 Louisiana Laws › Children's Code › Art. 1024. Duties of curator ad hoc

Art. 1024. Duties of curator ad hoc
A. The curator ad hoc shall make a diligent effort to locate the parent and notify him of the pendency and nature of the proceedings. Such notice shall include:
(1) The allegations made against the parent.
(2) The right of the parent to appear at the hearing, to defend against the allegations, and to compel the attendance of witnesses on his behalf.
(3) The right of the parent to retain counsel.
B. If the curator ad hoc fails to locate the parent, the curator ad hoc shall attend the hearing of this matter, submit a note of evidence on the record indicating the efforts made to locate the parent, and proceed contradictorily unless the parent is subsequently served or waives objection to jurisdiction. Proceedings held contradictorily with the curator ad hoc shall be of full force and legal effect against the parent.
C. If the parent is served in accordance with either Article 1021 or 1022 or is located by the curator ad hoc, the curator ad hoc shall attend the hearing and submit a note of evidence on the record indicating the efforts made to locate the parent.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 578, §4.
2023 Louisiana Laws › Children's Code › Art. 1024.1. Termination of parental rights, payment of transportation costs

Art. 1024.1. Termination of parental rights, payment of transportation costs
A. The parish or municipality in which a termination of parental rights proceeding is held shall reimburse the transporting sheriff for the expenses incurred in transporting the incarcerated parent to and from the termination of parental rights proceeding and any other related proceeding at which the court requires the presence of the parent.
B. Upon application of the transporting sheriff, the court shall order the parish or municipality in which the termination of parental rights proceeding was held to pay the costs of transporting the incarcerated parent to the proceeding.
Acts 2006, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 1025. Duty of department to provide information concerning the parent's location

Art. 1025. Duty of department to provide information concerning the parent's location
A. Notwithstanding any provision of the law to the contrary, the department shall provide to the curator ad hoc all available information pertinent to the location of an absentee parent, including names and addresses of known relatives, within fifteen days of receipt of a copy of the court order appointing the curator ad hoc.
B. The department shall fully cooperate with any court which has authority with respect to the placement of a child in foster care or for adoption for the purpose of locating a parent of the child. Such cooperation shall include making available all information obtained from the Federal Parent Locator Service.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2007, No. 334, §1.
2023 Louisiana Laws › Children's Code › Art. 1025.1. Appearance to answer petition

Art. 1025.1. Appearance to answer petition
A. The court shall require the parent to appear in person to answer the petition within fifteen days after the filing of the petition.
B. The court may also permit the parent to consent to judgment in accordance with Article 1025.2 or execute a surrender for adoption in accordance with Article 1122.
C. At the appearance the court may either convene immediately the pre-hearing conference required by Article 1025.4 or set a date for the conference.
Acts 1997, No. 256, §1.
2023 Louisiana Laws › Children's Code › Art. 1025.2. Stipulation; consent to judgment; resident, nonresident parents

Art. 1025.2. Stipulation; consent to judgment; resident, nonresident parents
The parent whose rights are sought to be terminated may stipulate that the grounds alleged in the petition are true provided that all of the following occur:
(1) He personally appears before the court. A parent who resides either in another parish or in another state may personally appear before the court exercising juvenile court jurisdiction in his place of residence.
(2) The court fully informs him of his rights and the consequences of such a stipulation.
(3) The parent knowingly and voluntarily consents to the judgment.
Acts 1997, No. 256, §1.
2023 Louisiana Laws › Children's Code › Art. 1025.3. Failure to appear at appearance to answer

Art. 1025.3. Failure to appear at appearance to answer
A. If, after proper service, the parent fails to appear before the court to answer the petition as required by Article 1025.1(A), the court shall set the date for the termination of parental rights hearing as required by Article 1031.
B. Notice of the hearing date shall be sent to the nonappearing parent by either registered or certified mail, return receipt requested, postage prepaid, to the addressee only.
Acts 1997, No. 256, §1.
2023 Louisiana Laws › Children's Code › Art. 1025.4. Prehearing and scheduling conference; order

Art. 1025.4. Prehearing and scheduling conference; order
A. At the appearance, on its own motion or on motion of counsel, the court shall direct counsel for the petitioner, for the parents, and for the child to appear before it for a conference to consider the following:
(1) The consideration of alternatives to formal court proceedings when their use is appropriate and in the best interest of the child.
(2) Efforts to identify and locate an unidentified or absent parent and relatives or other individuals willing and able to offer a wholesome and stable home for the child.
(3) Whether there is an issue of paternity requiring the issuance of an order for immediate blood or tissue sampling in accordance with the provisions of R.S. 9:396 et seq.
(4) The simplification of the issues including the elimination of frivolous claims or defenses.
(5) The necessity or desirability of amendments to the petition.
(6) What material facts and issues exist without substantial controversy, and what material facts and issues are actually and in good faith controverted.
(7) Proof, stipulations regarding the authenticity of documents, and advance rulings from the court on the admissibility of evidence.
(8) Limitations or restrictions on or regulation of the use of expert testimony under Louisiana Code of Evidence Article 702.
(9) The control and scheduling of discovery.
(10) The identification of witnesses, documents, and exhibits.
(11) Such other matters as may aid in the disposition of the action.
B. The court shall render an order which recites the action taken at the conference, the amendments allowed to the petition, and the agreements made by the parties as to any of the matters considered, and which limits the issues for adjudication to those not disposed of by admissions or agreements of counsel. Such order controls the subsequent course of the action, unless modified at the termination of parental rights hearing to prevent manifest injustice.
C. If a party's counsel fails to obey a prehearing order, or to appear at the prehearing and scheduling conference, or is substantially unprepared to participate in the conference, or fails to participate in good faith, the court, upon its own motion or on the motion of a party, after hearing, may make such orders as are just, including orders provided in Code of Civil Procedure Article 1471(2), (3), and (4). In lieu of or in addition to any other sanction, the court may require the party or his counsel, or both, to pay the reasonable expenses incurred by noncompliance with this Paragraph, including attorney fees.
Acts 1997, No. 256, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2017, No. 239, §1.
2023 Louisiana Laws › Children's Code › Art. 1026. Medical examinations

CHAPTER 7. SPECIAL MOTIONS AND DISCOVERY
Art. 1026. Medical examinations
A. Upon motion of any party or the court, the court may order physical or mental examination or evaluation of any party whose mental or physical condition is in controversy in accordance with the provisions of Article 1464 of the Louisiana Code of Civil Procedure.
B. The cost of any ordered examination or evaluation shall be paid by the moving party unless apportioned by the court, in its discretion, to any other party or parties.
C. The information obtained by an examination or evaluation ordered pursuant to this Article shall not be admissible in any subsequent proceeding for any purpose including impeachment.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1027. Discovery rights; access to department records

Art. 1027. Discovery rights; access to department records
A. At any stage of the proceedings, upon written motion of counsel for the protected person or his parent, the court may order the district attorney or the department to permit counsel to inspect:
(1) Reports of investigation in the possession or control of the district attorney or the department.
(2) Reports of evaluations or tests pertaining to the child in the possession or control of the district attorney or the department.
(3) The case records maintained by the department pertaining to the child and the parent, except information otherwise protected under R.S. 46:56 or by restrictive order pursuant to Article 1028.
(4) Any videotape of a protected person made in compliance with Chapter 8 of Title III which is in the possession or control of the district attorney or the department.
B. The court shall order the district attorney or the department to permit counsel to inspect and copy any physical evidence, documents, or photographs which the state intends to offer into evidence at the hearing as provided for in Subparagraphs A(1), (2), and (4). However, the court may, in its discretion, permit the inspection of evidence provided for in Subparagraph A(3).
C. If counsel for the child or his parents is provided discovery, the court may condition that order upon reciprocal discovery by the state.
D. The court shall not order the production or inspection of any part of a writing that reflects the mental impressions, conclusions, or theories of an attorney nor any other type of discovery except that expressly authorized by this Article.
E. The duties imposed by a discovery order continue while the child is subject to the jurisdiction of the court, unless the order provides otherwise.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2004, No. 241, §1.
2023 Louisiana Laws › Children's Code › Art. 1028. Restrictive; discovery

Art. 1028. Restrictive; discovery
A. The court may limit, modify, or restrict discovery upon written motion and a showing of good cause, such as a claim of confidentiality under R.S. 46:56. Such showing may be made ex parte if the interests of justice so require.
B. If the court restricts, limits, or modifies its order, the written motion showing good cause may be sealed and shall be placed in the record of the proceeding.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
2023 Louisiana Laws › Children's Code › Art. 1030. Suspension of right of voluntary surrender of parental rights by initiation of termination proceeding

Art. 1030. Suspension of right of voluntary surrender of parental rights by initiation of termination proceeding
Once a petition to terminate parental rights has been filed, the parent is thereafter without authority to execute an act of surrender or otherwise to affect the custody of the child except:
(1) The parent may execute an act of surrender in favor of the department with the approval of the court.
(2) The parent may consent to a judgment terminating his parental rights as provided in Article 1025.2.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2012, No. 730, §1.
2023 Louisiana Laws › Children's Code › Art. 1031. Time for setting termination of parental rights hearing

CHAPTER 8. HEARING
Art. 1031. Time for setting termination of parental rights hearing
The termination of parental rights hearing shall commence within sixty days after the date set for the appearance to answer the petition.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 256, §1.
2023 Louisiana Laws › Children's Code › Art. 1032. Continuances

Art. 1032. Continuances
Upon a showing of good cause and notice to the opposing party, the court may grant, deny, or restrict a requested continuance of the proceeding. The court shall avoid delays in resolving the status of the parent and in achieving permanency for the child.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1.
2023 Louisiana Laws › Children's Code › Art. 1033. Effect of nonappearance

Art. 1033. Effect of nonappearance
If it appears from the record that the parent has been served in accordance with Article 1021 or 1022 or has been located and notified in accordance with Article 1020 and the parent fails to appear at the hearing, then the hearing shall be held in the parent's absence and the petitioner shall be required to establish prima facie proof of the allegations contained in the petition.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1.
2023 Louisiana Laws › Children's Code › Art. 1034. Right to present evidence and examine witnesses

Art. 1034. Right to present evidence and examine witnesses
A. Among other rights expressly guaranteed by this Title or by due process of law, at the hearing the parent may introduce evidence, call witnesses, be heard on his own behalf, and cross-examine witnesses called by the petitioner or the child.
B. Among other rights expressly guaranteed by this Title or by due process of law, at the hearing the child may introduce evidence, call witnesses, and cross-examine witnesses called by the petitioner or by the parent.
C. If competent, the child may be heard on his own behalf. Any testimony given by a child may be taken by a videotaped interview or by closed circuit television, as authorized by Title 3, Chapter 8 of this Code, or by an in-chambers conference attended only by the judge and court reporter and by counsel for the child, for the petitioner, and for the parents.
D. Testimony or other evidence relevant to the abuse or neglect of a child or the cause of such condition may not be excluded on any ground of privilege, except in the case of communications between an attorney and his client or communications between a priest, rabbi, duly ordained minister, or Christian Science practitioner and his communicant.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1.
2023 Louisiana Laws › Children's Code › Art. 1034.1. Federal Indian Child Welfare Act inquiry

Art. 1034.1. Federal Indian Child Welfare Act inquiry
A. At the commencement of the hearing, the court shall inquire as to whether the petitioner or any person before the court knows or has reason to know that the child is an Indian child. If no person before the court responds affirmatively, the court may proceed, although it shall instruct each person before the court to inform the court if he subsequently discovers information indicating that the child is an Indian child.
B. In accordance with Article 1034.2, if the court finds that there is reason to know that the child is an Indian child, the court shall immediately proceed pursuant to the federal Indian Child Welfare Act and the regulations promulgated thereunder.
C. If a tribe fails to respond to multiple requests for verification that the child is an Indian child and the court or department has sought the assistance of the Bureau of Indian Affairs in contacting the tribe, the court may make the determination that the child is not an Indian child based on the information it has available and proceed to termination in accordance with this Title.
Acts 2018, No. 296, §1.
2023 Louisiana Laws › Children's Code › Art. 1034.2. Reason to know a child is an Indian child; federal Indian Child Welfare Act

Art. 1034.2. Reason to know a child is an Indian child; federal Indian Child Welfare Act
Upon conducting the inquiry required by Article 1034.1, a court has reason to know that a child is an Indian child if any of the following occurs:
(1) A person before the court, an officer of the court involved in the proceeding, an Indian tribe, an Indian organization, or an agency informs the court that the child is an Indian child.
(2) A person before the court, an officer of the court involved in the proceeding, an Indian tribe, an Indian organization, or an agency informs the court that it has discovered information indicating that the child is an Indian child.
(3) The child who is the subject of the proceeding gives the court reason to know that he is an Indian child.
(4) The court is informed that the domicile or residence of the child, the child's parent, or the child's Indian custodian is on a reservation or in an Alaska Native village.
(5) The court is informed that the child is or has been a ward of a Tribal court.
(6) The court is informed that either parent or the child possesses an identification card indicating membership in an Indian tribe.
Acts 2018, No. 296, §1.
2023 Louisiana Laws › Children's Code › Art. 1035. Burden of proof

Art. 1035. Burden of proof
A. The petitioner bears the burden of establishing each element of a ground for termination of parental rights by clear and convincing evidence.
B. The parent asserting a mental or physical disability as an affirmative defense to abandonment under Article 1015(5) bears the burden of proof by a preponderance of the evidence.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 2017, No. 151, §1, eff. June 12, 2017.
2023 Louisiana Laws › Children's Code › Art. 1036. Proof of parental misconduct

Art. 1036. Proof of parental misconduct
A. The admissibility of the conviction of a parent is governed by the Code of Evidence.
B. A prior conviction may be proved by certified copy of the judgment of conviction or certified copy of the minute entry of conviction.
C. Under Article 1015(6), lack of parental compliance with a case plan may be evidenced by one or more of the following:
(1) The parent's failure to attend court-approved scheduled visitations with the child.
(2) The parent's failure to communicate with the child.
(3) The parent's failure to keep the department apprised of the parent's whereabouts and significant changes affecting the parent's ability to comply with the case plan for services.
(4) The parent's failure to contribute to the costs of the child's foster care, if ordered to do so by the court when approving the case plan.
(5) The parent's repeated failure to comply with the required program of treatment and rehabilitation services provided in the case plan.
(6) The parent's lack of substantial improvement in redressing the problems preventing reunification.
(7) The persistence of conditions that led to removal or similar potentially harmful conditions.
(8)(a) The parent's failure to provide a negative test result for all synthetic or other controlled dangerous substances, except for any drug for which the parent has lawfully received a prescription, at the completion of a reasonable case plan.
(b) For purposes of this Article, "controlled dangerous substance" shall have the meaning ascribed in R.S. 40:961.
D. Under Article 1015(6), lack of any reasonable expectation of significant improvement in the parent's conduct in the near future may be evidenced by one or more of the following:
(1) Any physical or mental illness, mental deficiency, substance abuse, or chemical dependency that renders the parent unable or incapable of exercising parental responsibilities without exposing the child to a substantial risk of serious harm, based upon expert opinion or based upon an established pattern of behavior.
(2) A pattern of repeated incarceration of the parent that has rendered the parent unable to care for the immediate and continuing physical or emotional needs of the child for extended periods of time.
(3) Any other condition or conduct that reasonably indicates that the parent is unable or unwilling to provide an adequate permanent home for the child, based upon expert opinion or based upon an established pattern of behavior.
E. Under Article 1015(7), a sentence of at least five years of imprisonment raises a presumption of the parent's inability to care for the child for an extended period of time, although the incarceration of a parent shall not in and of itself be sufficient to deprive a parent of his parental rights.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 2017, No. 151, §1, eff. June 12, 2017; Acts 2018, No. 237, §1, eff. May 15, 2018.
2023 Louisiana Laws › Children's Code › Art. 1036.1. Proof of prior child in need of care judgment, stipulation; record

Art. 1036.1. Proof of prior child in need of care judgment, stipulation; record
A. Evidence of a prior adjudication or a parent's prior stipulation that a child is in need of care and an instanter order or disposition judgment removing the child from the parent's custody shall be admissible in proceedings brought under this Title. If the prior adjudication judgment was entered by the same court, it may take judicial notice of its own records. If the prior order or judgment was entered by another court, a certified copy of the order or judgment or certified copy of the minute entry shall be admissible in accordance with the Louisiana Code of Evidence.
B. The court record of a prior child in need of care proceeding involving the child who is the subject of the termination proceeding may be introduced into evidence at the hearing on the termination of parental rights.
Acts 1997, No. 256, §1.
2023 Louisiana Laws › Children's Code › Art. 1037. Findings and contents of termination judgment; form

CHAPTER 9. JUDGMENTS
Art. 1037. Findings and contents of termination judgment; form
A. After final submission, the court shall render its judgment within thirty days.
B.(1) When the court finds that the alleged grounds set out in any Paragraph of Article 1015 or 1015.1 are proven by the evidentiary standards required by Article 1035 and that it is in the best interest of the child, it shall order the termination of the parental rights of the parent against whom the allegations are proven. The court shall enter written findings on both issues. The consideration of the best interest of the child shall include consideration of the child's attachment to his current caretakers.
(2) When the grounds for termination set forth in Article 1015.1 have been established, it shall be considered in the best interest of the child for the parental rights of the perpetrator to be terminated.
C. The court shall enter into the record a written, signed judgment. The date of the entry of the judgment shall be recorded on the judgment.
D. A judgment terminating the parental rights of the parent shall grant custody of the child to the department, a relative who is of the age of majority and who is willing to adopt the child without an adoption subsidy, or other suitable person, in accordance with the best interest of the child.
E. A judgment terminating the parental rights of the parent shall inform the parent of his right to use the services of the voluntary registry as provided in Chapter 15 of Title XII, although failure to include such information shall not affect the validity of the termination judgment.
F. The judgment shall also certify the child for adoption if, as a result of proceedings pursuant to this Title or Titles XI and XII, the rights of all parents as defined by Article 1193 have been terminated or relinquished.
G. A copy of the judgment shall be furnished to all counsel of record and to all unrepresented parties.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 256, §1; Acts 1999, No. 754, §1; Acts 2003, No. 567, §1; Acts 2023, No. 271, §1, eff. June 9, 2023.
2023 Louisiana Laws › Children's Code › Art. 1037.1. Continuing contact with biological relatives

Art. 1037.1. Continuing contact with biological relatives
A. Subsequent to a termination of parental rights judgment when custody is granted to the department, the court may order continuing contact between the child and the parent, sibling, or other biological relative. The court may grant such an order only after it makes finding of fact that continuing contact is in the best interest of the child. The court may receive expert testimony on the issue of continuing contact.
B. Any order for continuing contact shall remain in effect until the order is modified in accordance with Paragraph C of this Article, or the final decree of adoption is rendered.
C. Any order of continuing contact remains modifiable and shall be reviewed in the subsequent hearings required by Chapter 10 of this Title.
Acts 1997, No. 256, §1; Acts 2001, No. 567, §1.
2023 Louisiana Laws › Children's Code › Art. 1038. Effects of termination judgment

Art. 1038. Effects of termination judgment
A final judgment terminating parental rights relieves the child and the parent against whom the judgment is rendered of all of their legal duties and divests them of all of their legal rights with regard to one another except as provided in Article 1037.1, and except:
(1) The right of the child to inherit from his biological parents and other relatives.
(2) The right of the child to benefits due him from any third person, agency, state, or the United States based on his status as a child of his biological parents or the rights and benefits that a native American derives from his descent from a member of a federally recognized Indian Tribe.
(3) The right of the child to pursue any civil action, other than future child support, against his biological parents.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1.
2023 Louisiana Laws › Children's Code › Art. 1039. Other dispositions

Art. 1039. Other dispositions
A. After final submission, the court shall render its judgment within thirty days.
B.(1) If the court finds that the alleged grounds are not proven in accordance with the evidentiary standards set forth in Article 1035 or if the court finds that termination of parental rights is not in the best interest of the child, it shall enter written findings on both issues and may:
(a) Dismiss the petition.
(b) Reinstate the parent to full care and custody of the child.
(c) If the child has been previously adjudicated as a child in need of care, reinstate that proceeding pursuant to Title VI of this Code.
(d) Upon a showing of sufficient facts, adjudicate the child in need of care in accordance with Title VI of this Code.
(e) Upon a showing of sufficient facts, adjudicate the family in need of services in accordance with Title VII of this Code.
(f) Make any other disposition that is in the best interest of the child.
(2) In actions based on Article 1015.1, if the court finds the alleged grounds are not proven, then any determination of custody, visitation, contact, and all other parental rights of the alleged perpetrator shall be determined in a separate action independent of the termination proceeding.
C. The court shall enter into the record a written judgment, signed by the court. The date of the entry of the judgment shall be recorded on the judgment.
D. A copy of the judgment shall be furnished to all counsel of record and to all unrepresented parties.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2003, No. 567, §1; Acts 2023, No. 271, §1, eff. June 9, 2023.
2023 Louisiana Laws › Children's Code › Art. 1040. Report

CHAPTER 10. PERMANENT PLACEMENT
Art. 1040. Report
A. Following a judgment terminating all parental rights pursuant to this Title, when the department is the legal custodian of the child, the department shall report to the court in detail concerning the child's permanent placement.
B. When the department is not the legal custodian of the child, the petitioner shall report to the court concerning the child's adoptive placement.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1999, No. 1062, §2, eff. Jan. 1, 2000.
2023 Louisiana Laws › Children's Code › Art. 1041. Registration; department

Art. 1041. Registration; department
A. If no permanent placement has been made by the department within ninety days of such a judgment, the child shall be registered by the appropriate child placement agency involved or the state child placement agency with the Louisiana Adoption Resource Exchange within the department. Any such registration shall not include the surname of the child or otherwise reveal the identities of the blood parents of the child.
B. The department shall maintain a list of the registered children. Such list shall be updated quarterly and made available to all licensed child placement agencies in the state. Subject to the confidentiality requirements of all adoption matters, the department shall use every reasonable method of effecting a permanent placement. Media presentation of available children and other means of public solicitation for the purpose of matching potential adoptive parents with available children shall be used only in cases involving a child who is difficult to place for adoption, subject to rules and regulations adopted pursuant to the Administrative Procedure Act.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1999, No. 1062, §2, eff. Jan. 1, 2000.
2023 Louisiana Laws › Children's Code › Art. 1042. Review; counsel for child

Art. 1042. Review; counsel for child
A. When the department is the legal custodian of the child, if no permanent placement has been made within ninety days of such judgment, review hearings shall be held in accordance with the provisions of Chapters 15 and 16 of Title VI of this Code.
B. When the department is not the legal custodian of the child, review hearings shall be held every ninety days until a final decree of adoption is rendered.
C. Any attorney appointed to represent the child in the termination action shall continue to represent the child in all subsequent review hearings until the child is permanently placed.
D. The attorney appointed to represent the child shall also be responsible for reviewing and submitting a recommendation to the court regarding any agreement for post-adoption continuing contact that is filed for approval in accordance with Chapter 14-A of Title XII.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1995, No. 1095, §4; Acts 1999, No. 1062, §2, eff. Jan. 1, 2000; Acts 2001, No. 568, §1, eff. Jan. 1, 2002.
2023 Louisiana Laws › Children's Code › Art. 1043. Adoption; voluntary registration by child and parents whose parental rights have been terminated

Art. 1043. Adoption; voluntary registration by child and parents whose parental rights have been terminated
Parents whose rights have been terminated and an adopted child are permitted to use the services of the voluntary registry as provided in Chapter 15 of Title XII.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1051. Motion to restore parental rights

CHAPTER 11. RESTORATION OF PARENTAL RIGHTS
Art. 1051. Motion to restore parental rights
A. If a child is in foster care and is over the age of fifteen, counsel appointed for the child or the department may file a motion to restore the parental rights or parental contact with a parent whose rights have been terminated. The motion shall be filed in the court in which permanency hearings for the child are being conducted. When the counsel for the child files the motion, it shall be served on the department.
B. The court shall sign an order setting the time and place of the hearing on the motion not less than forty-five nor more than sixty days after the date of the filing of the motion. The court may continue the hearing for up to thirty additional days for good cause, which may include a showing by the department that it, despite its diligent effort, has been unable to complete the confidential report required by Article 1052 within the prescribed time. Upon joint motion of the department and the child, the court may set the date of the hearing within fifteen days after the filing of the motion.
C. The moving party shall mail a copy of the motion and order to the parents, foster parents, and CASA volunteer of the child. The parents, foster parents, and CASA volunteer shall have a right to be heard at the hearing but are not parties and the hearing may be conducted in their absence.
D. The motion shall be dismissed if the parent cannot be located. The court may not grant the relief requested in the motion without the consent of the parent.
Acts 2008, No. 436, §1.
2023 Louisiana Laws › Children's Code › Art. 1052. Duties of department

Art. 1052. Duties of department
A. The department shall make a diligent effort to locate a parent whose rights may be restored and notify him of the effects of the restoration, including the obligation to pay child support or parental contribution. The notice to the parent shall contain a copy of the motion showing the time and date of the hearing.
B. Within forty-five days after the date the motion is filed, or by an earlier date as set by the court, the department shall submit a confidential report to the court which shall include findings on the following:
(1) The change in circumstances since the certification for adoption.
(2) A summary of the reasons why parental rights were terminated and the date of the judgment.
(3) The willingness of the parent to resume contact with the child and to have parental rights restored.
(4) The willingness of the child to resume contact with the parent and to have parental rights restored.
(5) The ability and willingness of the parent to be involved in the life of the child and to accept the physical custody of the child.
(6) Other relevant information.
Acts 2008, No. 436, §1.
2023 Louisiana Laws › Children's Code › Art. 1053. Hearing

Art. 1053. Hearing
A. At the hearing, the court may, in the best interest of the child:
(1) Allow contact between the parent and child, and if so, under what conditions.
(2) Restore the parental rights of the parent.
(3) Place the child in the custody of the parent with or without continuing supervision of the department. If the court orders placement of the child in the custody of a parent who resides out of state, it shall order compliance with the Interstate Compact on the Placement of Children.
B. If the department, counsel for the child, CASA volunteer, and the parent stipulate that restoration of parental rights or parental contact is in the best interest of the child, the court may, after reviewing the report of the department, enter a judgment to that effect without a hearing.
C. The restoration of parental rights and placement of the child in the custody of the parent without supervision by the department is considered a permanent placement. Any other disposition by the court shall be made part of the case plan.
Acts 2008, No. 436, §1.
2023 Louisiana Laws › Children's Code › Art. 1101. Purpose

TITLE XI
SURRENDER OF PARENTAL RIGHTS
CHAPTER 1. PRELIMINARY PROVISIONS; DEFINITIONS
Art. 1101. Purpose
Except as otherwise provided in Articles 1195 and 1196 of this Code, this Title provides the exclusive means by which a parent can voluntarily relinquish his parental rights to a child for the ultimate purpose of adoption.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 2000, 1st Ex. Sess., No. 109, §1, eff. April 17, 2000; Acts 2003, No. 609, §1.
2023 Louisiana Laws › Children's Code › Art. 1103. Definitions

Art. 1103. Definitions
As used in this Title:
(1) "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.
(2) "Birth certificate" means the child's official birth certificate or a true copy of a prefiled version of the birth certificate in the event the official birth certificate has not yet been issued.
(3) "Child" means a person under eighteen years of age and not emancipated by marriage.
(4) "Department" means the Louisiana Department of Children and Family Services.
(5) "Parental fitness" means:
(a) That a parent has not abused the child. For purposes of this Subparagraph, abuse means the infliction of physical or mental injury which causes deterioration to the child, sexual abuse, exploitation, or overworking of a child to such an extent that his health or moral or emotional well-being is endangered.
(b) That a parent has consistently offered to provide reasonably necessary food, clothing, appropriate shelter, or treatment for the child. For purposes of this Subparagraph, treatment means medical care or other health services provided in accordance with the tenets of a well-recognized religious method of healing with a reasonable, proven record of success.
(c) That a parent suffers from no medical or emotional illness, mental deficiency, behavior or conduct disorder, severe physical disability, substance abuse, or chemical dependency which makes him unable or unwilling to provide an adequate permanent home for the child at the present time or in the reasonably near future based upon expert opinion or based upon an established pattern of behavior.
(d) Viewed in its entirety, the parent's past or present conduct, including his criminal convictions, would not pose a risk of substantial harm to the physical, mental, or emotional health of the child.
(6) "Putative father registry" means the Louisiana putative father registry established in Part I-C of Chapter 1 of Code Title VII of Code Book I of Title 9 of the Louisiana Revised Statutes of 1950, comprised of R.S. 9:400 and 400.1.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 797, §1; Acts 2022, No. 202, §1.
2023 Louisiana Laws › Children's Code › Art. 1104. Nature of surrender

Art. 1104. Nature of surrender
A. To the extent there are special provisions set forth in this Title, a voluntary act of surrender executed pursuant to this Title is subject to the provisions herein and not to conventional obligations law.
B. The act of surrender shall be presumptive evidence of a legal and voluntary surrender only if it contains every element required by Article 1122, and is in all other respects executed in accordance with the provisions of this Title.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
2023 Louisiana Laws › Children's Code › Art. 1105. Recordkeeping generally

CHAPTER 2. DUTIES OF COURT CLERKS; CONFIDENTIALITY
Art. 1105. Recordkeeping generally
The clerks of the respective juvenile courts shall open separate records and keep separate indices of all documents filed in accordance with this Title. All such records shall be indexed in the name of the child and shall be subject to disclosure only as provided in this Title.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1106. Recordation of acknowledgment by authentic act and judgments of filiation

Art. 1106. Recordation of acknowledgment by authentic act and judgments of filiation
A. Acknowledgment of a child by authentic act may be evidenced by proof of its filing. If the child is born in Louisiana, and the acknowledgment is by authentic act, it shall be filed with the state registrar, office of vital records, the central repository for paternity acknowledgments, and recorded in the office of the clerk of court in the parish in which the child is born in order for the father to be accorded the rights afforded by Article 1193.
B. All acknowledgments by authentic act recorded pursuant to this Article shall indicate the name of the child, the child's date of birth, if known, the name of the mother, and the full name and address of the acknowledging father.
C. A judgment of filiation rendered by a court which recognizes a father as having formally acknowledged a child born outside of marriage and in which the father is adjudged the parent of the child shall also be filed with the state registrar, office of vital records, the central repository for adjudications of paternity, and filed and recorded in the office of the clerk of court in the parish in which the child was born, if born in this state, or if the child was born in another state, in the parish in which the child is domiciled at the time of the judgment.
D. The clerk of court shall issue, on request, a certificate indicating whether any act of acknowledgment or any filiation judgment has been recorded relative to a particular child. If such an act has been recorded, the clerk shall include on the certificate the name and address of the father, the name of the notary, and the date of recordation of the certificate. Records of requests for certificates and copies of certificates issued shall be maintained in confidential records and shall not be open to public inspection. The acts recorded, however, shall be made available only upon motion and order for good cause shown. Certifications shall be issued to the department, other adoption agencies, and the courts of this state at no charge. The clerk may assess reasonable charges for copies of the certificate requested by other persons or agencies.
E. For purposes of this Article, "clerk of court" means the clerk of court in the parish in which the child was born. However, "clerk of court" means only the following clerks of court in the following parishes:
(1) In the parish of Caddo, the clerk of the Caddo Parish Juvenile Court.
(2) In the parish of East Baton Rouge, the clerk of the East Baton Rouge Parish Juvenile Court.
(3) In the parish of Jefferson, the clerk of the Jefferson Parish Juvenile Court.
(4) In the parish of Orleans, the clerk of the Orleans Parish Juvenile Court.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2004, No. 26, §3; Acts 2008, No. 561, §1.
2023 Louisiana Laws › Children's Code › Art. 1107. Confidentiality of records

Art. 1107. Confidentiality of records
A. All records maintained in accordance with this Title shall be confidential and shall not be open to inspection except on written authorization by the court and there shall be no publication.
B. Such written authorization shall be granted only upon a showing of compelling reasons and then only to the extent necessary to satisfy the compelling necessity pursuant to the procedures contained in Articles 1188 through 1192.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1107.2. Intent to surrender for adoption; purpose; limitations

Art. 1107.2. Intent to surrender for adoption; purpose; limitations
A. The purpose of an act of intent to surrender for adoption is to facilitate early planning for the child who may be surrendered by the mother for adoption and to provide due notice at the earliest possible time to any alleged or adjudicated father who may have an interest in the child's custody.
B. An act of intent to surrender for adoption may be executed only by a pregnant female or mother of a child.
C. The intent to surrender for adoption process may be used only when the alleged or adjudicated father is identified and can be served.
D. The intent to surrender for adoption process may not be used to terminate the rights of a legal father.
Acts 2003, No. 564, §1.