reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Children's Code › Art. 524. Responsibilities

Art. 524. Responsibilities
A. Every child advocacy center shall seek full membership in the National Children's Alliance and remain in full compliance with its standards and shall be accredited and periodically reaccredited as required by the standards of the National Children's Alliance. The cost of application for membership, accreditation and reaccreditation by the National Children's Alliance will be the sole responsibility of the child advocacy center seeking such membership, accreditation or reaccreditation.
B. A child advocacy center shall be governed and managed so as to provide at a minimum, for the following:
(1) A comfortable, private setting that is both physically and psychologically safe for children.
(2) Sound program, fiscal and administrative practices.
(3) Policies, practices and procedures that are culturally competent. Cultural competency is defined as the capacity to function in more than one culture, requiring the ability to appreciate, understand and interact with members of diverse populations within the local community.
(4) A multidisciplinary investigative team in accordance with Article 522 of this Title that is diverse and expert.
(5) A written set of interagency protocols for an interdisciplinary and coordinated approach to the investigation of child abuse in accordance with Articles 510, 512, and 522 of this Title.
(6) Compliance with Article 511 of this Title and other policies, practices and procedures that require forensic interviews to be conducted in a manner which is neutral and fact-finding and coordinated to avoid duplicative interviewing.
(7) Specialized medical evaluations and treatment as part of the multidisciplinary investigative team response, either at the center or through coordination with and referral to other appropriate treatment providers.
(8) Specialized mental health services as part of the multidisciplinary investigative team response, either at the center or through coordination with and referral to other appropriate treatment providers.
(9) Victim support and advocacy as part of the multidisciplinary investigative team response, either at the center or through coordination with and referral to other appropriate treatment providers.
(10) A routine interdisciplinary case review process for purposes of decisionmaking, problem solving, systems coordination and information sharing concerning case status and services needed by the child and family.
(11) A comprehensive tracking system for monitoring case process and tracking case outcomes for team members consistent with ensuring confidentiality in accordance with Article 525 of this Title.
(12) A process for evaluating its effectiveness and its operations.
C. In addition, a center may provide space for medical evaluation, therapeutic intervention, support services for child abuse victims and their families, and community education about child abuse. It may also provide specialized interdisciplinary training for professionals involved with child abuse victims and their families and provide any other assistance or service approved by the center's board.
Acts 2003, No. 749, §1.
2023 Louisiana Laws › Children's Code › Art. 525. Confidentiality policy; exceptions

Art. 525. Confidentiality policy; exceptions
A. The files, reports, records, communications, working papers or videotaped interviews used or developed in providing services under this Chapter are confidential and not subject to the public records, R.S. 44:1 et seq. Disclosure may only be made to a member of a multidisciplinary investigative team who is engaged in the investigation of a particular case and who needs access to the information in order to perform his duties for purposes consistent with this Chapter.
B. Any public or private department, agency or organization may share with a child advocacy center information that is made confidential by law when it is needed to provide or secure services under this Chapter. Confidential information shared with or provided to a center remains the property of the providing organization.
Acts 2003, No. 749, §1.
2023 Louisiana Laws › Children's Code › Art. 526. Immunity from civil or criminal liability

Art. 526. Immunity from civil or criminal liability
A. A board member, staff member, or volunteer of a child advocacy center shall not be liable for civil damages, while acting in the official scope of his or her duties, if the person in good faith makes a recommendation, gives an opinion or releases or uses information for the purpose of protecting a child.
B. The limitation of civil liability in Paragraph A of this Article does not apply if a board member, staff member, or volunteer of a child advocacy center acts with gross negligence or in bad faith.
Acts 2003, No. 749, §1.
2023 Louisiana Laws › Children's Code › Art. 531. Children's Advocacy Clearinghouse; establishment; purpose

CHAPTER 3. CHILDREN'S ADVOCACY CLEARINGHOUSE
Art. 531. Children's Advocacy Clearinghouse; establishment; purpose
The legislature finds that the establishment of the Children's Advocacy Clearinghouse by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice for the processing of child sex abuse cases among the various responsible agencies is in the best interest of the children of Louisiana.
Acts 2003, No. 749, §1.
2023 Louisiana Laws › Children's Code › Art. 533. Duties of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice

Art. 533. Duties of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice
The Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall:
(1) Assist local law enforcement and prosecutorial agencies in the development of programs, resources, or expertise which promote the detection and prosecution of offenders committing crimes of sexual abuse against children.
(2) Provide information relative to child sexual abuse, child sexual abuse programs, including programs dealing with prevention, detection, and treatment of sex abuse to various units of state and local government and other interested parties.
(3) Assist units of local government and qualified private nonprofit institutions in identifying sources of funding to begin the operation of coordinated children's advocacy programs in the state.
Acts 2003, No. 749, §1.
2023 Louisiana Laws › Children's Code › Art. 541. Legislative findings; purposes; goals

CHAPTER 4. INFORMATION SHARING
Art. 541. Legislative findings; purposes; goals
A. In an effort to reform and restructure the juvenile justice system and to improve the availability and quality of programs and services available to assist children who are at risk of becoming part of the system, as well as those who are already involved in the juvenile justice system, the legislature supports interagency efforts to gather comprehensive data and to actively share and disseminate data among those agencies responsible for making informed decisions regarding the treatment, care, security, and rehabilitation of children within the state.
B. The legislature finds that the sharing and integration of appropriate data and information may have numerous benefits for the children and families involved in the juvenile justice system, as well as for the state and local agencies attempting to provide services for them.
C. The legislature finds that such data sharing and integration can serve the best interests of the child and the family, contribute to higher levels of effectiveness in service delivery, greater efficiency and productivity, and eventually reductions in the costs of juvenile justice services. Specifically, such data sharing and integration can reduce redundant data entry, expedite the processing of cases, provide for more timely service delivery, ensure more accurate and up-to-date information, assist in the development of a seamless system of services, and contribute to better performance and greater accountability by all involved parties.
D. The legislature finds that the goals and purposes of this Chapter, including the goal to develop a seamless system of services for children and their families, would be furthered by the development of a central repository of data for planning and evaluation purposes and urges the Children's Cabinet to work towards the development of such a central repository.
Acts 2005, No. 119, §1, eff. Jan. 1, 2006.
2023 Louisiana Laws › Children's Code › Art. 542. Definitions

Art. 542. Definitions
For the purposes of this Chapter, "juvenile justice system" means the system of public and private services in Louisiana that includes prevention, early identification, early intervention, child protection, law enforcement, prosecution, defense, adjudication, diversion and informal processing, probation, corrections, aftercare, transitional living, and other services provided to children and families who either are or are likely to be brought into a court with juvenile jurisdiction because of problems such as abuse, neglect or abandonment, mental illness, substance abuse, aspects of a divorce and breakup of families, pre-delinquency, social irresponsibility or delinquent behavior, or spousal abuse involving children.
Acts 2005, No. 119, §1, eff. Jan. 1, 2006.
2023 Louisiana Laws › Children's Code › Art. 543. Interagency information sharing; interagency agreements

Art. 543. Interagency information sharing; interagency agreements
A. Through the Children's Cabinet, the agencies specified in Article 543(F) shall develop policies to facilitate interagency information sharing in the most effective and expeditious manner. However, the adoption of formal policies shall not be prerequisite to the implementation of the provisions of this Chapter.
B. The Children's Cabinet shall facilitate the development of interagency agreements and cooperation regarding the sharing of data concerning children and families involved in the juvenile justice system.
C. Interagency agreements shall include provisions regarding the specific data to be shared among agencies, the person or persons allowed by each party to have access to the other party's data, and the security arrangements between parties to ensure the protection of the data from unauthorized access that may threaten the privacy of persons and the confidentiality of the data.
D. Interagency agreements shall be in writing and a copy shall be furnished to the court exercising juvenile jurisdiction, the Children's Cabinet, and to each agency involved in the treatment, care, and rehabilitation of the child.
E. The Children's Cabinet shall provide procedures, which may include a forum, for the presentation of interagency recommendations and the resolution of disagreements relating to the contents of interagency agreements or the performance by the parties of their respective obligations under such agreements.
F. Agencies involved in facilitating agreements regarding the sharing of information regarding children and families shall include:
(1) The Department of Children and Family Services.
(2) The Louisiana Department of Health.
(3) The Department of Education.
(4) Youth services of the Department of Public Safety and Corrections.
(5) The Louisiana Workforce Commission.
(6) Courts exercising juvenile jurisdiction.
(7) Offices of district attorneys.
(8) Law enforcement agencies.
(9) City, parish, and other local public school boards.
(10) Truancy assessment service centers.
(11) Families in Need of Services offices.
Acts 2005, No. 119, §1, eff. Jan. 1, 2006; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2023, No. 387, §2, eff. June 14, 2023.
2023 Louisiana Laws › Children's Code › Art. 545. Confidentiality

Art. 545. Confidentiality
A. Any court order rendered or interagency information sharing agreement entered into pursuant to this Chapter shall specify the conditions under which information is to be made available to authorized parties, and shall include procedures for preserving the confidentiality of all records and information pertaining to a child.
B. Disclosure of information pursuant to any interagency information sharing agreement shall only be made between authorized persons within agencies that are involved in the assessment, diagnosis, treatment, care, or rehabilitation of children and for the purpose of ensuring cooperation and coordination of all agencies in providing services to children and their families.
Acts 2005, No. 119, §1, eff. Jan. 1, 2006.
2023 Louisiana Laws › Children's Code › Art. 546. Immunity from civil or criminal liability

Art. 546. Immunity from civil or criminal liability
A. Any person or agency acting in the performance and scope of official public duties in good faith pursuant to this Chapter or pursuant to an interagency agreement who or which discloses any confidential information regarding a child or his family shall have immunity from any liability, civil, criminal, or otherwise, that might result by reason of the type of information disclosed.
B. The limitation on liability of Paragraph A of this Article shall not apply if a person or agency acts with gross negligence or in bad faith.
Acts 2005, No. 119, §1, eff. Jan. 1, 2006.
2023 Louisiana Laws › Children's Code › Art. 551. Legislative findings

CHAPTER 5. LEGAL REPRESENTATION OF CHILDREN
PART I. GENERAL PROVISIONS
Art. 551. Legislative findings
The legislature finds that society has a responsibility to protect children from abuse and neglect. Provision of independent counsel for abused and neglected children is an essential due process right provided by Louisiana law to ensure sound and fair decisionmaking concerning children's safety, permanency, and well-being. Counsel providing representation in child protection proceedings should have specialized knowledge and skills essential for effective representation, and should participate in multi-disciplinary interaction together with other professionals involved with the child, including interdisciplinary communication, investigation, discovery, meetings, conferences, proceedings, and administrative hearings. Resources to support the provision of legal representation of children should be used efficiently and equitably to assure qualified representation throughout the state.
Acts 2006, No. 271, §1; Acts 2008, No. 567, §1, eff. June 30, 2008; Acts 2008, No. 752, §1.
2023 Louisiana Laws › Children's Code › Art. 552. Definitions

Art. 552. Definitions
As used in this Chapter:
(1) "Child abuse and neglect case" means a child protection proceeding conducted by a court exercising juvenile jurisdiction involving the abuse or neglect of children as provided specifically in Titles VI, X, XI, and XII of the Louisiana Children's Code.
(2) "Program" means a program approved by the Louisiana Supreme Court to provide qualified legal representation of children in child abuse and neglect cases.
Acts 2006, No. 271, §1; Acts 2014, No. 354, §1.
2023 Louisiana Laws › Children's Code › Art. 553. Access to child; records; communication

Art. 553. Access to child; records; communication
A. Any attorney representing a child in a child abuse and neglect case as defined herein shall have reasonable access to and the opportunity to consult with the child whenever and wherever necessary in the performance of his duties and shall have ready access to view and copy all medical, mental health, developmental disability, and education records pertaining to his client whether such records are in hard copy or electronic form.
B. The person with whom or facility in which the child is placed shall provide reasonable access and privacy for the purpose of attorney-client consultation.
C. A child shall have the right to communicate in any manner in private with counsel at all times.
Acts 2006, No. 271, §1; Acts 2014, No. 354, §1.
2023 Louisiana Laws › Children's Code › Art. 559. Repealed by Acts 2014, No. 354, §2; Acts 2014, No. 811, §33, eff. June 23, 2014.

Art. 559. Repealed by Acts 2014, No. 354, §2; Acts 2014, No. 811, §33, eff. June 23, 2014.
2023 Louisiana Laws › Children's Code › Art. 560. Provision of services; qualifications of counsel

Art. 560. Provision of services; qualifications of counsel
A. A program designated by the Louisiana Supreme Court shall provide child representation services to each court exercising jurisdiction over abuse and neglect cases in accordance with a plan for service delivery developed by the program and approved by the supreme court.
B. Representation of children in child abuse and neglect cases shall comply with the provisions of Part III of Rule J of the Administrative Rules of the Supreme Court, including qualifications of appointed counsel and child attorney standards.
Acts 2006, No. 271, §1; Acts 2014, No. 354, §1.
2023 Louisiana Laws › Children's Code › Art. 571. Legislative findings

CHAPTER 6. LEGAL REPRESENTATION OF INDIGENT PARENTS
PART I. GENERAL PROVISIONS
Art. 571. Legislative Findings
A. The legislature finds that society has a responsibility to provide indigent or absent parents with quality legal representation, including curatorship appointments, in child abuse and neglect cases. Provision of counsel for indigent parents or curators for absent parents are essential due process rights provided by Louisiana law to ensure sound and fair decision-making concerning children's safety, permanency, and well-being. Legal counsel providing representation in child abuse and neglect cases should have specialized knowledge and skills essential for effective representation. Resources to support the provision of legal representation, including curatorship appointments, of indigent or absent parents should be used efficiently and equitably to assure qualified representation throughout the state.
B. The legislature finds that there is a need for a uniform system of representation of indigent or absent parents statewide that provides for appropriate oversight, minimization of potential conflicts, and adequate local and state funding. To this end, the legislature finds that local public defender offices best serve the interests of children and families by representing indigent or absent parents, which shall include curatorship appointments, in child abuse and neglect cases consistent with the provisions of R S. 15:185.1 et seq., and with the Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care and Termination of Parental Right Cases provided in Chapter 11 of Part XV of Title 22 of the Louisiana Administrative Code.
C. Repealed by Acts 2014, No. 354, §2.
Acts 2007, No. 95, §1; Acts 2014, No. 354, §§ 1, 2; Acts 2016, No. 407, §1, eff. June 5, 2016.
2023 Louisiana Laws › Children's Code › Art. 572. Definitions

Art. 572. Definitions
As used in this Chapter:
(1) "Child abuse and neglect case" means a child protection proceeding conducted by a court exercising juvenile jurisdiction involving the abuse or neglect of children as provided specifically in Titles VI, X, and XI of this Code.
(2) "Indigent Parents' Program" means the Indigent Parents' Representation Program established in accordance with Article 574.
Acts 2007, No. 95, §1; Acts 2016, No. 407, §1, eff. June 5, 2016.
2023 Louisiana Laws › Children's Code › Art. 573. Purpose

PART II. INDIGENT PARENTS' REPRESENTATION PROGRAM
Art. 573. Purpose
The purpose of this Part is to provide for an effective and efficient system of providing qualified legal representation, which shall include curatorship appointments, for indigent or absent parents in child abuse and neglect cases.
Acts 2007, No. 95, §1; Acts 2016, No. 407, §1, eff. June 5, 2016.
2023 Louisiana Laws › Children's Code › Art. 574. Indigent Parents' Representation Program; establishment

Art. 574. Indigent Parents' Representation Program; establishment
An Indigent Parents' Representation Program is hereby established within the Louisiana Public Defender Board, or its successor in accordance with the provisions of R.S. 15:185.1 through 185.9.
Acts 2007, No. 95, §1; Acts 2014, No. 354, §1.
2023 Louisiana Laws › Children's Code › Art. 575. Duties of the program; qualifications of counsel

Art. 575. Duties of the program; qualifications of counsel
A. The program shall provide qualified legal counsel, which shall include curator ad hoc appointments, to indigent or absent parents in child abuse and neglect cases in accordance with the provisions of Articles 608 and 1016 and R.S. 15:141 through 183 and 185.1 through 185.9.
B. Legal representation, which shall include curator ad hoc appointments, of indigent or absent parents in child abuse and neglect cases shall comply with standards promulgated by the Louisiana Public Defender Board, or any successor to that board in accordance with R.S. 15:141 through 183 and 185.1 through 185.9 to ensure competent and fair representation.
C. The Indigent Parents' Representation Program, through its governing authority, may adopt policies to provide representation to indigent parents prior to the commencement of court proceedings.
Acts 2007, No. 95, §1; Acts 2014, No. 354, §1; Acts 2016, No. 407, §1, eff. June 5, 2016; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 581. Child Protection Representation Commission; establishment; purpose and functions

CHAPTER 7. CHILD PROTECTION REPRESENTATION COMMISSION
Art. 581. Child Protection Representation Commission; establishment; purpose and functions
A. The Child Protection Representation Commission, referred to hereinafter as the "commission", is hereby established for the purpose of reviewing the system of representation of children and indigent parents in child protection cases as provided in Chapters 5 and 6 of this Title. The commission shall be composed of the following members:
(1) The secretary of the Department of Children and Family Services or his designee.
(2) The chief justice of the Louisiana Supreme Court or his designee.
(3) The chairman of the House Committee on Civil Law and Procedure or his designee.
(4) The chairman of the Senate Committee on Judiciary A or his designee.
(5) The president or designee of the Louisiana Bar Association.
(6) The executive director or designee of the Louisiana District Attorneys Association.
(7) The state public defender or designee of the Louisiana Public Defender Board.
(8) The president or designee of the Louisiana Council of Juvenile and Family Court Judges.
(9) The chairwoman of the Louisiana Legislative Women's Caucus or her designee.
B. The members of the commission shall serve without compensation, except for the members of the legislature who shall receive a per diem in accordance with R.S. 42:3.1.
C. The commission shall request and have the authority to obtain all information necessary to review the system of representation and shall meet periodically but in no event less than once annually. The commission shall ascertain the continued effectiveness and efficiency of the system and the adequacy of funding and may, at its discretion, issue such reports and recommendations as it deems necessary to ensure the programmatic efficacy and fiscal viability of the system.
Acts 2014, No. 354, §1; Acts 2016, No. 153, §1.
2023 Louisiana Laws › Children's Code › Art. 601. Purpose

TITLE VI
CHILD IN NEED OF CARE
CHAPTER 1. PRELIMINARY PROVISIONS; DEFINITIONS
Art. 601. Purpose
The purpose of this Title is to protect children whose physical or mental health, welfare, and safety is substantially at risk of harm by physical abuse, neglect, or exploitation and who may be further threatened by the conduct of others, by providing for the reporting of suspected cases of abuse, exploitation, or neglect of children; by providing for the investigation of complaints; and by providing, if necessary, for the resolution of child in need of care proceedings in the courts. The proceedings shall be conducted expeditiously to avoid delays in achieving permanency for children. This Title is intended to provide the greatest possible protection as promptly as possible for children. The health, welfare, safety, and best interest of the child shall be the paramount concern in all proceedings pursuant to this Title. This Title shall be construed in accordance with Article 102. This Title shall be administered and interpreted to avoid unnecessary interference with family privacy and trauma to the child, and yet, at the same time, authorize the protective and preventive intervention needed for the health, welfare, safety, and well-being of children.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 603.1. Required education; reporting child abuse

Art. 603.1. Required education; reporting child abuse
A. Every person graduating from any teacher preparation program in Louisiana shall have had in his curriculum instruction on the requirements of and how to report suspected child abuse cases pursuant to Article 601 et seq., as well as instruction on how to identify the signs and symptoms of child neglect and abuse, including sexual abuse, in order to receive his teacher certification.
B. Teaching or child care providers as defined by Article 603 shall complete an online training course provided by the Department of Children and Family Services between June first and August thirty-first annually. A record of completion of the course by the teaching or child care provider shall be provided to and retained by each entity at which the teaching or child care provider is employed. The entity at which the teaching or child care provider is employed shall retain a list of all teaching or child care providers who have not complied with the training requirements provided in this Article.
Acts 2003, No. 769, §1; Acts 2020, No. 272, §1, eff. June 11, 2020.
2023 Louisiana Laws › Children's Code › Art. 605. Venue

CHAPTER 2. VENUE
Art. 605. Venue
A. A proceeding under this Title may be commenced in the parish in which the child is domiciled with his parent or tutor, the parish in which the child was present when an act alleged took place or conditions alleged existed, or the parish in which the child is found.
B. When a petition is filed in a parish other than that of the child's domicile, the court in which the proceeding is filed, upon motion of a party or upon the court's own motion, may transfer the proceeding to the court for the parish in which the child is domiciled. A transfer under this Paragraph may be made at any time.
C. When a petition is filed in a parish other than that of the child's domicile and the proceeding is not transferred under Paragraph B of this Article, the court in which the proceeding is filed shall immediately notify the appropriate court for the parish in which the child is domiciled, and if the court for the parish in which the child is domiciled requests a transfer within five days after receipt of the notification, the court in which the proceeding was filed may transfer the proceeding. A transfer under this Paragraph shall be made prior to the adjudication hearing.
D. When a petition is filed in a parish other than that of the child's domicile, and the proceeding is not transferred under Paragraph B or C of this Article, the court in which the proceeding was filed may, after the adjudication hearing, transfer the proceeding to the court of the parish where the child is domiciled for the disposition hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
2023 Louisiana Laws › Children's Code › Art. 805. Venue

CHAPTER 2. VENUE
Art. 805. Venue
A. A delinquency proceeding shall be commenced in the parish in which the offense complained of took place. The juvenile court shall conduct the adjudication hearing and may also conduct the disposition hearing unless it decides to transfer the case as provided for in Paragraph B of this Article.
B. Upon motion of the district attorney, the child, or upon the court's own motion, after the confection of an informal adjustment agreement or an adjudication that the child is delinquent, the court may transfer the proceeding to the parish in which the child is domiciled.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 806. Change of venue; improper venue

Art. 806. Change of venue; improper venue
When a petition is filed in a court of improper venue, on the court's own motion or upon written motion of a party and after contradictory hearing, the court may dismiss the petition or transfer the proceedings to a court of proper venue.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 807. Change of venue; proper venue

Art. 807. Change of venue; proper venue
A. A request for change of venue must be made by written motion of the district attorney or the child, sworn to by mover or his counsel, before jeopardy begins. The motion shall contain allegations of facts upon which the motion is based and a statement that the motion is not made for the purpose of delay but to obtain a fair and impartial trial. The motion must be resolved after a contradictory hearing unless waived by the district attorney and the child.
B. A change of venue shall be granted if the court finds that, because of undue influence of an adverse party, prejudice existing in the public mind, or for any other reason, a fair and impartial trial cannot be obtained. The court shall consider whether the reasons are such that they will effect the testimony of witnesses at the trial.
C. The court may order a change of venue in accordance with Articles 623 through 627 of the Code of Criminal Procedure, except that the proceedings may be transferred to any parish.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1006. Venue

CHAPTER 2. VENUE
Art. 1006. Venue
A proceeding under this Title may be commenced in the parish in which the child is domiciled with his parent or tutor, the parish in which the child was present when an act alleged in the petition took place or conditions alleged in the petition existed, or the parish in which the child is found.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
2023 Louisiana Laws › Children's Code › Art. 606. Grounds; child in need of care

CHAPTER 3. GROUNDS; CHILD IN NEED OF CARE
Art. 606. Grounds; child in need of care
A. Allegations that a child is in need of care shall assert one or more of the following grounds:
(1) The child is the victim of abuse perpetrated, aided, or tolerated by the parent or caretaker, by a person who maintains an interpersonal dating or engagement relationship with the parent or caretaker, or by a person living in the same residence with the parent or caretaker as a spouse whether married or not, and his welfare is seriously endangered if he is left within the custody or control of that parent or caretaker.
(2) The child is a victim of neglect.
(3) The child is without necessary food, clothing, shelter, medical care, or supervision because of the disappearance or prolonged absence of his parent or when, for any other reason, the child is placed at substantial risk of imminent harm because of the continuing absence of the parent.
(4) As a result of a criminal prosecution, the parent has been convicted of a crime against the child who is the subject of this proceeding, or against another child of the parent, and the parent is now unable to retain custody or control or the child's welfare is otherwise endangered if left within the parent's custody or control.
(5) The conduct of the parent, either as principal or accessory, constitutes a crime against the child or against any other child.
(6) - (8) Repealed by Acts 2021, No. 158, §7.
B. A child whose parent is unable to provide basic support, supervision, treatment, or services due to inadequate financial resources shall not, for that reason alone, be determined to be a child in need of care.
C. A diagnosis of factitious disorder imposed on another, formerly known as "Munchausen syndrome by proxy", shall not constitute grounds, either entirely or partially, for a determination that a child is in need of care unless that diagnosis is made in accordance with the provisions of R.S. 37:1745.2.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1995, No. 1095, §2; Acts 1999, No. 1178, §1, eff. July 9, 1999; Acts 2012, No. 446, §6; Acts 2012, No. 730, §1; Acts 2014, No. 564, §§8, 10; Acts 2017, No. 376, §1; Acts 2018, No. 193, §2; Acts 2018, No. 458, §2; Acts 2021, No. 158, §7.
2023 Louisiana Laws › Children's Code › Art. 607. Child's right to appointed counsel; payment

CHAPTER 4. RIGHT TO COUNSEL
Art. 607. Child's right to appointed counsel; payment
A. The court shall appoint the entity designated for the jurisdiction by the Louisiana Supreme Court to provide qualified, independent counsel for the child in any order issued in accordance with Article 619(C) or 620 or at the time the order setting the first court hearing is signed. Neither the child nor anyone purporting to act on behalf of the child may be permitted to waive this right.
B. The child shall be a party to the proceedings, and the attorney for the child shall have the authority to represent the child at all stages of the proceedings. The attorney for the child shall have the authority to take actions, including but not limited to the following:
(1) Accompany the child and be present for all court appearances, school hearings, and educational and other meetings related to the child.
(2) View and copy the child's medical, dental, psychological, psychiatric, educational, or counseling records.
C. If the court finds that the parents of the child are financially able, the court may order the parents to pay some or all of the costs of the child's representation in accordance with Articles 320 and 321.
D. In any dispositional or postdispositional hearing which may result in the mental health institutionalization of a child who is in the custody of the state, the child shall be entitled to representation by an attorney appointed by the Mental Health Advocacy Service, unless unavailable as determined by the director.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2004, No. 301, §1, eff. June 18, 2004; Acts 2004, No. 321, §1; Acts 2006, No. 271, §1; Acts 2007, No. 307, §9; Acts 2014, No. 354, §1; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 608. Parents' right to counsel; payment

Art. 608. Parents' right to counsel; payment
A. The parents of a child who is the subject of a child in need of care proceeding shall be entitled to qualified, independent counsel after the court issues any order in accordance with Article 619(C) or 620 or at the filing of a petition and at all stages of the proceedings thereafter. If the court does not issue an order in accordance with Article 619(C) or 620, the right to counsel shall attach upon the filing of a petition. At all proceedings governed by Chapter 6 of this Title, the parents shall be presumed to be indigent. Thereafter, indigence shall be determined in accordance with Article 320. The right to counsel may be waived by a parent if the court determines that the parent choosing to waive the right to representation has been instructed by the court about the rights and the possible consequences of waiver. Before accepting a waiver of counsel, the court shall ensure each of the following:
(1) The parent has been informed by the court that the Department of Children and Family Services cannot provide legal advice to the parent or represent the parent's interest.
(2) The parent has been informed by the court that the child's attorney cannot provide legal advice to the parent and does not represent the parent's interest.
(3) The parent has been informed by the court that a proceeding brought in accordance with this Title may ultimately result in a termination of parental rights and a complete and permanent separation of the parent from the child.
(4) The parent has been informed by the court that if the parent is unable to afford an attorney, one will be provided by the Indigent Parents' Representation Program.
(5) That the parent is eighteen years of age or older.
B. If a parent of a child is financially unable to afford counsel or is presumed indigent in accordance with Paragraph A of this Article, the district public defender office shall provide for representation, unless the Louisiana Public Defender Board has contracted to provide for representation in accordance with R.S. 15:185.3(B)(12) or any other provision of law.
C. The unavailability of counsel to represent the parent shall be good cause for a continuance of the continued custody hearing for up to three days, and the hearing shall not proceed until a qualified, independent attorney is provided to the parent.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2007, No. 307, §9; Acts 2014, No. 354, §1; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 609. Mandatory and permitted reporting; training requirements

CHAPTER 5. CHILD ABUSE REPORTING AND INVESTIGATION
Art. 609. Mandatory and permitted reporting; training requirements
A. With respect to mandatory reporters:
(1)(a) Notwithstanding any claim of privileged communication, any mandatory reporter who has cause to believe that a child's physical or mental health or welfare is endangered as a result of abuse or neglect or that abuse or neglect was a contributing factor in a child's death shall report in accordance with Article 610.
(b) For purposes of this Article, the pregnancy of a child under the age of thirteen years shall constitute cause to consider whether the child has been abused.
(2) Violation of the duties imposed upon a mandatory reporter subjects the offender to criminal prosecution authorized by R.S. 14:403(A)(1).
(3)(a) To familiarize mandatory reporters, as defined by Children's Code Article 603, with their legal mandate for reporting suspected child abuse and neglect, such mandatory reporters shall be offered training on the statutory requirements and responsibility of reporting child abuse and neglect. This training shall be made available by the child welfare division of the Department of Children and Family Services or any other mechanism as approved by the department as long as it includes information on the reporting procedure and the consequences of failing to report.
(b) Each mandatory reporter may obtain mandatory reporting training as each mandatory reporter believes to be necessary in accordance with Subsubparagraph (a) or (d) of this Subparagraph.
(c) The appropriate state regulatory department, board, commission, or agency for each category of mandatory reporter may provide continuing education credit for the completion of the training pursuant to this Paragraph.
(d) Any entity, including but not limited to hospitals, educational and religious institutions, and nonprofits, may provide its employees, volunteers, or educational attendees with equivalent training pursuant to Subsubparagraph (a) of this Subparagraph.
B. With respect to permitted reporters, any other person having cause to believe that a child's physical or mental health or welfare is endangered as a result of abuse or neglect, including a judge of any court of this state, may report in accordance with Article 610.
C. The filing of a report, known to be false, may subject the offender to criminal prosecution authorized by R.S. 14:403(A)(3).
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 637, §1, eff. June 15, 1993; Acts 2013, No. 163, §1; Acts 2020, No. 122, §1, eff. June 9, 2020.
2023 Louisiana Laws › Children's Code › Art. 611. Immunity from civil or criminal liability

Art. 611. Immunity from civil or criminal liability
A.(1) No cause of action shall exist against any:
(a) Person who in good faith makes a report, cooperates in any investigation arising as a result of such report, or participates in judicial proceedings authorized under the provisions of this Chapter.
NOTE: Subsubparagraph eff. until promulgation and publication of rules by DCFS pursuant to Acts 2017, No. 348, §6.
(b) Caseworker who in good faith conducts an investigation, makes an investigative judgment or disposition, or releases or uses information contained in the central registry for the purpose of protecting a child.
NOTE: Subsubparagraph eff. upon promulgation and publication of rules by DCFS pursuant to Acts 2017, No. 348, §6.
(b) Caseworker who in good faith conducts an investigation, makes an investigative judgment or disposition, or releases or uses information contained in the state repository or central registry for the purpose of protecting a child.
(2) Such individuals shall have immunity from civil or criminal liability that otherwise might be incurred or imposed.
B. This immunity shall not be extended to:
(1) Any alleged principal, conspirator, or accessory to an offense involving the abuse or neglect of the child.
(2) Any person who makes a report known to be false or with reckless disregard for the truth of the report.
C.(1) In any action to establish damages against a defendant who has made a false report of child abuse or neglect, the plaintiff shall bear the burden of proving that the defendant who filed the false report of child abuse or neglect knew the report was false or that the report was filed with reckless disregard for the truth of the report.
(2) A plaintiff who fails to meet his burden of proof provided in Subparagraph (1) of this Paragraph shall pay all court costs and attorney fees of the defendant.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 675, §1; Acts 2004, No. 76, §1; Acts 2006, No. 372, §1; Acts 2017, No. 348, §1, special eff. date.
2023 Louisiana Laws › Children's Code › Art. 612.1. Institutional abuse; corrective measures

Art. 612.1. Institutional abuse; corrective measures
A. Upon a finding of institutional abuse or neglect, resulting from a single act or occurrence, the department shall require that the owner, operator, or administrator of the facility formulate a plan of remedial action. Within thirty days of the department's request, the owner, operator, or administrator shall notify the agency in writing of a plan of remedial action. Within ninety days of the request, the owner, operator, or administrator shall fully implement the plan for remedial action, unless otherwise agreed to by the department.
B. Upon a finding of institutional abuse or neglect resulting from several incidents that have occurred at the facility, within seven days of the finding, the department shall require that the owner, operator, or administrator of the facility make appropriate administrative, personnel, or structural changes at the facility. Within thirty days of such request, the owner, operator, or administrator of the facility shall notify the department of the progress in complying with the requirement. The department and the owner, operator, or administrator shall establish a reasonable period in which the requested changes shall be completed.
C. If an owner, operator, or administrator of a facility does not formulate or implement a plan for remedial action or make requested changes, the department shall recommend to the entity that licenses, oversees, certifies, or authorizes the operation of the facility, that appropriate sanctions or actions be imposed against the facility.
D. If there is reasonable cause to believe that a teacher, employee, volunteer, or other staff person has committed an act of child abuse or neglect, he shall be temporarily removed from his position at the institution or reassigned to other duties in which he will not have contact with the child victim or other children.
E. In accordance with the Administrative Procedure Act, the department shall adopt rules setting forth the procedures for the investigation and reporting of institutional abuse. Such rules may provide for the investigation to be conducted by an agency that contracts with the state whose staff is trained to conduct such investigations. The procedures may include the use of review teams to make recommendations to the department concerning the procedures for investigating institutional abuse or neglect.
Acts 2003, No. 567, §1, eff. upon allocation of adequate funding and subject to the approval of the Joint Legislative Committee on the Budget.
2023 Louisiana Laws › Children's Code › Art. 613. Entry orders

Art. 613. Entry orders
A. If in the course of an investigation of a report, admission cannot be obtained to the home, school, or any other place where the child may be found, the investigator shall apply to the juvenile court for an order authorizing an entry for the purposes of interviewing the child and other members of the household, for the visual inspection of the child, and for an inspection of the home to the extent such an inspection is essential to the investigation of specific allegations. The affidavit of the applicant must demonstrate:
(1) That reasonable suspicion exists that the child has been abused or neglected.
(2) That entry has been denied.
B. The court may grant such an order on an ex parte application and may also order a law enforcement officer to accompany the applicant in executing the entry order.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
2023 Louisiana Laws › Children's Code › Art. 614. Evaluation orders

Art. 614. Evaluation orders
A. If necessary, the investigator may apply to the court for certain medical examinations and evaluations of the child or other children in the household.
B. Upon a showing of good cause in an affidavit executed by the applicant, the court may order a physical examination and evaluation of the child or other children in the household by any physician. Such an order may be granted ex parte.
C. Upon a showing of good cause in an affidavit executed by the applicant and after a contradictory hearing, the court may order a psychological or psychiatric examination and evaluation of the child or other children in the household by a psychologist or psychiatrist.
D. Upon a showing of good cause in an affidavit executed by the applicant and after a contradictory hearing, the court may order a physical, psychological, or psychiatric examination of the parent or caretaker.
E. When a medical examination of a child has been conducted pursuant to Article 612(A)(4), upon a showing of good cause in an affidavit executed by the applicant and after a contradictory hearing, the court may order an additional physical examination of the child or other children in the household by any physician. For the purposes of this Paragraph, an applicant may be the investigator or the child's parent or caretaker.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1995, No. 1095, §2; Acts 2013, No. 225, §1.