reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Children's Code › Art. 1623. Interstate compact for the placement of children; purpose

CHAPTER 2-A. INTERSTATE COMPACT FOR THE
PLACEMENT OF CHILDREN
Art. 1623. Interstate compact for the placement of children; purpose
NOTE: Art. 1623 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children
The provisions of this Chapter shall constitute the Interstate Compact for the Placement of Children. The purpose of the compact is to:
A. Provide a process through which children subject to the compact are placed in safe and suitable homes in a timely manner.
B. Facilitate ongoing supervision of a placement, the delivery of services, and communication between the states.
C. Provide operating procedures that will ensure that children are placed in safe and suitable homes in a timely manner.
D. Provide for the promulgation and enforcement of administrative rules implementing the provisions of the compact and regulating the covered activities of the member states.
E. Provide for uniform data collection and information sharing between member states under the compact.
F. Promote coordination between the compact, the Interstate Compact for Juveniles, the Interstate Compact on Adoption and Medical Assistance, and other compacts affecting the placement of and which provide services to children otherwise subject to the compact.
G. Provide for a state's continuing legal jurisdiction and responsibility for placement and care of a child that it would have had if the placement were intrastate.
H. Provide for the promulgation of guidelines, in collaboration with Indian tribes, for interstate cases involving Indian children as is or may be permitted by federal law.
Acts 2010, No. 893, §1.
2023 Louisiana Laws › Children's Code › Art. 1628. Placement authority

Art. 1628. Placement authority
NOTE: Art. 1628 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. Except as provided in this compact, no child subject to the compact shall be placed into a receiving state until approval for such placement is obtained.
B. If the public child placing agency in the receiving state does not approve the proposed placement, then the child shall not be placed. The receiving state shall provide written documentation of any such determination in accordance with the rules promulgated by the Interstate Commission. The determination is not subject to judicial review in the sending state.
C. If the proposed placement is not approved, any interested party shall have standing to seek an administrative review of the receiving state's determination.
D. The administrative review and any further judicial review associated with the determination shall be conducted in the receiving state pursuant to its applicable administrative procedures.
E. If a determination not to approve the placement of the child in the receiving state is overturned upon review, the placement shall be deemed approved, provided that all administrative or judicial remedies have been exhausted or the time for such remedies has passed.
Acts 2010, No. 893, §1.
2023 Louisiana Laws › Children's Code › Art. 1630. Interstate commission for the placement of children

Art. 1630. Interstate commission for the placement of children
NOTE: Art. 1630 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The member states hereby establish, by way of the compact, a commission known as the "Interstate Commission for the Placement of Children". The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:
(1) Be a joint commission of the member states and shall have the responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by subsequent concurrent action of the respective legislatures of the member states.
(2) Consist of one commissioner from each member state who shall be appointed by the executive head of the state human services administration with ultimate responsibility for the child welfare program. The appointed commissioner shall have the legal authority to vote on policy related matters governed by the compact binding the state.
B. Each member state represented at a meeting of the Interstate Commission is entitled to one vote.
C. A majority of the member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
D. A representative shall not delegate a vote to another member state.
E. A representative may delegate voting authority to another person from their state for a specified meeting.
F. In addition to the commissioners of each member state, the Interstate Commission shall include persons who are members of interested organizations as defined in the bylaws or rules of the Interstate Commission. These members shall be ex officio and shall not be entitled to vote on any matter before the Interstate Commission.
G. The Interstate Commission shall establish an executive committee which shall have the authority to administer the daily operations and administration of the commission. The executive committee shall not have the power to engage in rulemaking.
Acts 2010, No. 893, §1.
2023 Louisiana Laws › Children's Code › Art. 1631. Powers and duties of the Interstate Commission

Art. 1631. Powers and duties of the Interstate Commission
NOTE: Art. 1631 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The Interstate Commission shall have the following powers:
(1) To promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in the compact.
(2) To provide for dispute resolution among member states.
(3) To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, or actions.
(4) To enforce compliance with the compact or the bylaws or rules of the Interstate Commission.
(5) To collect standardized data concerning the interstate placement of children subject to the compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange, and reporting requirements.
(6) To establish and maintain offices as may be necessary for the transacting of its business.
(7) To purchase and maintain insurance and bonds.
(8) To hire or contract for services of personnel or consultants as necessary to carry out its functions under the compact and establish personnel qualification policies, and rates of compensation.
(9) To establish and appoint committees and officers including, but not limited to, an executive committee as required by this Chapter.
(10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose thereof.
(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property.
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property.
(13) To establish a budget and make expenditures.
(14) To adopt a seal and bylaws governing the management and operation of the Interstate Commission.
B. The commission shall report annually to the legislatures, governors, the judiciary, and state advisory councils of the member states concerning the activities of the Interstate Commission during the preceding year. Reports shall also include any recommendations adopted by the Interstate Commission.
C. The commission shall coordinate and provide education, training, and public awareness regarding the interstate movement of children for officials involved in such activity.
D. The commission shall maintain books and records in accordance with the bylaws of the Interstate Commission.
E. The commission may perform such other functions as may be necessary or appropriate to achieve the purposes of the compact.
Acts 2010, No. 893, §1.
2023 Louisiana Laws › Children's Code › Art. 1635. Financing of the commission

Art. 1635. Financing of the commission
NOTE: Art. 1635 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The Interstate Commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
B. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved by its members each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission which shall promulgate a rule binding upon all member states.
C. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.
D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
Acts 2010, No. 893, §1.
2023 Louisiana Laws › Children's Code › Art. 1636. Member states; effective date; amendment

Art. 1636. Member states; effective date; amendment
NOTE: Art. 1636 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. Any state is eligible to become a member state.
B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five states. The effective date shall be the later of July 1, 2007 or upon enactment of the compact into law by the thirty-fifth state. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The executive heads of the state human services administration with ultimate responsibility for the child welfare program of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states.
C. The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding on the member states unless and until it is enacted into law by unanimous consent of the member states.
Acts 2010, No. 893, §1.
2023 Louisiana Laws › Children's Code › Art. 1637. Withdrawal and dissolution

Art. 1637. Withdrawal and dissolution
NOTE: Art. 1637 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. Withdrawal:
(1) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact specifically repealing the statute which enacted the compact into law.
(2) Withdrawal from the compact shall be by the enactment of a statute repealing the same. The effective date of withdrawal shall be the effective date of the repeal of the statute.
(3) The withdrawing state shall immediately notify the president of the Interstate Commission in writing upon the introduction of legislation repealing the compact. The Interstate Commission shall then notify the other member states of the state's intent to withdraw.
(4) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal.
(5) Reinstatement following withdrawal of a member state shall occur when the state reenacts the compact or upon a date determined by the members of the Interstate Commission.
B. Dissolution of compact:
(1) The compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.
(2) Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
Acts 2010, No. 893, §1.
2023 Louisiana Laws › Children's Code › Art. 1638. Severability and construction

Art. 1638. Severability and construction
NOTE: Art. 1638 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The provisions of this Chapter and the compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
B. The provisions of this Chapter and the compact shall be liberally construed to effectuate its purposes.
C. Nothing in this Chapter or the compact shall be construed to prohibit the concurrent applicability of other interstate compacts to which the states are members.
Acts 2010, No. 893, §1.
2023 Louisiana Laws › Children's Code › Art. 1639. Binding effect of compact and other laws

Art. 1639. Binding effect of compact and other laws
NOTE: Art. 1639 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.
B. Binding effect of the compact.
(1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.
(2) All agreements between the Interstate Commission and the member states are binding in accordance with their terms.
(3) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, it shall be ineffective to the extent of the conflict.
Acts 2010, No. 893, §1.
2023 Louisiana Laws › Children's Code › Art. 1640. Indian tribes

Art. 1640. Indian tribes
NOTE: Art. 1640 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
Notwithstanding any other provision in this Chapter or the compact, the Interstate Commission may promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or all of the purposes of the compact as specified in Article 1623. The Interstate Commission shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to reflect the diverse circumstances of the various Indian tribes.
Acts 2010, No. 893, §1.
2023 Louisiana Laws › Children's Code › Art. 1641. Rulemaking authority; effect of rules

Art. 1641. Rulemaking authority; effect of rules
NOTE: Art. 1641 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The Department of Children and Family Services shall have the authority to promulgate rules and regulations in accordance with the Administrative Procedure Act as necessary to carry out the provisions of this Chapter.
B. Notwithstanding any other provision of this Chapter, rules adopted by the Interstate Commission shall not supersede state law, and shall not be binding unless also promulgated by this state in accordance with the Administrative Procedure Act. The provisions of this Subsection shall control to the extent of conflict with any other provision of law.
Acts 2010, No. 893, §1.
2023 Louisiana Laws › Children's Code › Art. 1642. Financial responsibility for children

Art. 1642. Financial responsibility for children
NOTE: Art. 1642 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
Financial responsibility for any child placed under this compact shall be determined in accordance with Article 1629. However, in the event of partial or complete default of performance, other provisions of law may also be invoked.
Acts 2010, No. 893, §1.
2023 Louisiana Laws › Children's Code › Art. 1643. Authority to enter into agreements; approval of state treasurer

Art. 1643. Authority to enter into agreements; approval of state treasurer
NOTE: Art. 1643 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.
A. The officers and agencies of this state and its political subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to Article 1629.
B. Any agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof shall not be binding unless it has the approval in writing of the state treasurer in the case of the state and of the chief local fiscal officer in the case of a subdivision of the state.
Acts 2010, No. 893, §1.
2023 Louisiana Laws › Children's Code › Art. 1666. Rulemaking functions of the Interstate Commission

Art. 1666. Rulemaking functions of the Interstate Commission
A. The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.
B. Rulemaking shall occur pursuant to the criteria set forth in this Article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the "Model State Administrative Procedure Act", 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such other administrative procedure act, as the Interstate Commission deems appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the commission.
C. When promulgating a rule, the Interstate Commission shall, at a minimum do all of the following:
(1) Publish the proposed rule's entire text stating the reason or reasons for that proposed rule.
(2) Allow and invite any and all persons to submit written data, facts, opinions and arguments, which information shall be added to the record, and be made publicly available.
(3) Provide an opportunity for an informal hearing if petitioned by ten or more persons.
(4) Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.
D. Allow, not later than sixty days after a rule is promulgated, any interested person to file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission's principal office is located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this Paragraph, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedure Act.
E. If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.
F. The existing rules governing the operation of the Interstate Compact on Juveniles superseded by the enactment of this Chapter shall be null and void twelve months after the first meeting of the Interstate Commission created hereunder.
G. Upon determination by the Interstate Commission that a state of emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than ninety days after the effective date of the emergency rule.
Acts 2003, No. 1185, §1, eff. July 1, 2004.
2023 Louisiana Laws › Children's Code › Art. 1667. Oversight, enforcement and dispute resolution by the Interstate Commission

Art. 1667. Oversight, enforcement and dispute resolution by the Interstate Commission
A.(1) The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in non-compacting states which may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public offices, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
B.(1) The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.
(2) The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and non-compacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(3) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in Article 1671 of this compact.
Acts 2003, No. 1185, §1, eff. July 1, 2004.
2023 Louisiana Laws › Children's Code › Art. 1668. Finance

Art. 1668. Finance
A. The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
B. The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.
C. The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
Acts 2003, No. 1185, §1, eff. July 1, 2004.
2023 Louisiana Laws › Children's Code › Art. 1669. The state council

Art. 1669. The state council
Each member state shall create a State Council for Interstate Juvenile Supervision. While each state may determine the membership of its own state council, its membership shall include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator or designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council will advise and may exercise oversight and advocacy concerning that state's participation in Interstate Commission activities and other duties as may be determined by that state including but not limited to development of policy concerning operations and procedures of the compact within that state.
Acts 2003, No. 1185, §1, eff. July 1, 2004.
2023 Louisiana Laws › Children's Code › Art. 1670. Compacting states; effective date and amendment

Art. 1670. Compacting states; effective date and amendment
A. Any state, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands as defined in Article 1662 of this compact is eligible to become a compacting state.
B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five of the states. The initial effective date shall be the later of July 1, 2004 or upon enactment into law by the thirty-fifth state. Thereafter, it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states and territories of the United States.
C. The Interstate Commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
Acts 2003, No. 1185, §1, eff. July 1, 2004.
2023 Louisiana Laws › Children's Code › Art. 1672. Severability and construction

Art. 1672. Severability and construction
A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed to effectuate its purposes.
Acts 2003, No. 1185, §1, eff. July 1, 2004.
2023 Louisiana Laws › Children's Code › Art. 1673. Binding effect of compact and other laws

Art. 1673. Binding effect of compact and other laws
A.(1) Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.
(2) All compacting states' laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.
B.(1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.
(2) All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.
(4) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
Acts 2003, No. 1185, §1, eff. July 1, 2004.
2023 Louisiana Laws › Civil Code › Art. 4. Absence of legislation or custom

Art. 4. Absence of legislation or custom
When no rule for a particular situation can be derived from legislation or custom, the court is bound to proceed according to equity. To decide equitably, resort is made to justice, reason, and prevailing usages.
Acts 1987, No. 124, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 6. Retroactivity of laws

Art. 6. Retroactivity of laws
In the absence of contrary legislative expression, substantive laws apply prospectively only. Procedural and interpretative laws apply both prospectively and retroactively, unless there is a legislative expression to the contrary.
Acts 1987, No. 124, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 7. Laws for the preservation of the public interest

Art. 7. Laws for the preservation of the public interest
Persons may not by their juridical acts derogate from laws enacted for the protection of the public interest. Any act in derogation of such laws is an absolute nullity.
Acts 1987, No. 124, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 8. Repeal of laws

Art. 8. Repeal of laws
Laws are repealed, either entirely or partially, by other laws.
A repeal may be express or implied. It is express when it is literally declared by a subsequent law. It is implied when the new law contains provisions that are contrary to, or irreconcilable with, those of the former law.
The repeal of a repealing law does not revive the first law.
Acts 1987, No. 124, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 9. Clear and unambiguous law

CHAPTER 2 - INTERPRETATION OF LAWS
Art. 9. Clear and unambiguous law
When a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature.
Acts 1987, No. 124, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 14. Multistate cases

CHAPTER 3. CONFLICT OF LAWS
Art. 14. Multistate cases
Unless otherwise expressly provided by the law of this state, cases having contacts with other states are governed by the law selected in accordance with the provisions of Book IV of this Code.
Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
2023 Louisiana Laws › Civil Code › Art. 24. Kinds of persons

BOOK I.
OF PERSONS
TITLE I. NATURAL AND JURIDICAL PERSONS
Art. 24. Kinds of persons
There are two kinds of persons: natural persons and juridical persons.
A natural person is a human being. A juridical person is an entity to which the law attributes personality, such as a corporation or a partnership. The personality of a juridical person is distinct from that of its members.
Acts 1987, No. 125, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 26. Art. 26. Unborn child

Art. 26. Unborn child
An unborn child shall be considered as a natural person for whatever relates to its interests from the moment of conception. If the child is born dead, it shall be considered never to have existed as a person, except for purposes of actions resulting from its wrongful death.
Acts 1987, No. 125, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 31. Existence of a person at time of accrual of a right

Art. 31. Existence of a person at time of accrual of a right
One claiming a right that has accrued to another person is bound to prove that such person existed at the time when the right accrued.
Acts 1990, No. 989, §3, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 38. Domicile

TITLE II -- DOMICILE
Art. 38. Domicile
The domicile of a natural person is the place of his habitual residence. The domicile of a juridical person may be either the state of its formation or the state of its principal place of business, whichever is most pertinent to the particular issue, unless otherwise specifically provided by law.
Acts 2008, No. 801, §1, eff. Jan. 1, 2009; Acts 2012, No. 713, §2.
2023 Louisiana Laws › Civil Code › Art. 39. Domicile and residence

Art. 39. Domicile and residence
A natural person may reside in several places but may not have more than one domicile. In the absence of habitual residence, any place of residence may be considered one's domicile at the option of persons whose interests are affected.
Acts 1985, No. 272, §1; Acts 2008, No. 801, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 41. Domicile of unemancipated minor.

Art. 41. Domicile of unemancipated minor
The domicile of an unemancipated minor is that of the parent or parents with whom the minor usually resides. If the minor has been placed by court order under the legal authority of a parent or other person, the domicile of that person is the domicile of the minor, unless the court directs otherwise.
The domicile of an unemancipated minor under tutorship is that of his tutor. In case of joint tutorship, the domicile of the minor is that of the tutor with whom the minor usually resides, unless the court directs otherwise.
Acts 2008, No. 801, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 45. Proof of intent to change domicile

Art. 45. Proof of intent to change domicile
Proof of one's intent to establish or change domicile depends on the circumstances. A sworn declaration of intent recorded in the parishes from which and to which he intends to move may be considered as evidence of intent.
Acts 2008, No. 801, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 47. Curator of an absent person's property

TITLE III. ABSENT PERSONS
CHAPTER 1. CURATORSHIP OF THE PROPERTY OF
ABSENT PERSONS
Art. 47. Curator of an absent person's property
An absent person is one who has no representative in this state and whose whereabouts are not known and cannot be ascertained by diligent effort.
When an absent person owns property in this state, the court may, upon petition of any interested party and a showing of necessity, appoint a curator to manage the property of the absent person.
Acts 1990, No. 989, §1, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 48. Powers, rights, and duties of curator

Art. 48. Powers, rights, and duties of curator
The curator has power of administration and disposition over the property of the absent person as provided by legislation.
When the absent person is a spouse in community, the curatorship is limited to his separate property.
Acts 1990, No. 989, §1, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 49. Legal capacity of absent person

Art. 49. Legal capacity of absent person
The establishment of the curatorship does not deprive the absent person of his capacity to make juridical acts. Nevertheless, his acts of disposition of immovable property are not effective towards third persons and the curator unless filed for registry in the public records of the parish in which the immovable property is located.
Acts 1990, No. 989, §1, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 50. Termination of curatorship of right

Art. 50. Termination of curatorship of right
The curatorship of the property of the absent person terminates of right when he appoints a person to represent him in this state, when his whereabouts become known, or when he dies.
Acts 1990, No. 989, §1, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 51. Termination by judgment of declaration of death

Art. 51. Termination by judgment of declaration of death
The curatorship of the property of the absent person also terminates when a judgment of declaration of death is rendered.
When an absent person has no known heirs and is presumed dead, it shall be the duty of the curator to initiate proceedings for a declaration of death.
Acts 1990, No. 989, §1, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 53. Validity of acts of curator after termination of the curatorship

Art. 53. Validity of acts of curator after termination of the curatorship
When the curator acquires knowledge of the termination of his curatorship, he is bound to file a notice in the curatorship proceeding that his authority to manage the property of the formerly absent person has ceased.
Acts of administration or disposition made by the curator after the curatorship has terminated are valid toward third persons unless notice of the termination of the curatorship has been filed in the curatorship proceeding.
Acts 1990, No. 989, §1, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 54. Absent person; declaration of death

CHAPTER 2. DECLARATION OF DEATH
Art. 54. Absent person; declaration of death
One who has been an absent person for five years is presumed to be dead. If the absence commenced between August 26, 2005, and September 30, 2005, and was related to or caused by Hurricane Katrina or Rita, the absent person who is not currently charged with an offense that is defined as a felony under the laws of the state of Louisiana or the United States of America shall be presumed dead after the passage of two years. Upon petition by an interested party, the court shall render judgment declaring the death of the absent person and shall determine the date on which the absence commenced and the date of death.
Acts 1990, No. 989, §1, eff. Jan. 1, 1991; Acts 2006, No. 258, §1.
2023 Louisiana Laws › Civil Code › Art. 56. New evidence as to time of death

Art. 56. New evidence as to time of death
If there is clear and convincing new evidence establishing a date of death other than that determined in the judgment of declaration of death, the judgment shall be amended accordingly.
Persons previously recognized as successors are bound to restore the estate to the new successors but may keep the fruits they have gathered.
Acts 1990, No. 989, §1, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 57. Reappearance of absent person; recovery of his property

Art. 57. Reappearance of absent person; recovery of his property
If a person who has been declared dead reappears, he shall be entitled to recover his property that still exists in the condition in which it is found from those who took it as his successors or from their transferees by gratuitous title. He may also recover the net proceeds of things alienated and for the diminution of the value of things that has resulted from their encumbrance.
Acts 1990, No. 989, §1, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 58. Succession rights of person presumed dead or declared dead

Art. 58. Succession rights of person presumed dead or declared dead
A person who is presumed to be dead or who has been declared dead at a time a succession would have been opened in his favor cannot be a successor. The estate of the deceased devolves as if that person were dead at the time of the opening of the succession.
Acts 1990, No. 989, §1, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 59. Reappearance of absent person; recovery of his inheritance

Art. 59. Reappearance of absent person; recovery of his inheritance
If the person who is presumed to be dead or who has been declared dead reappears, he shall be entitled to recover his inheritance in the condition in which it is found from those who succeeded in his default and from their transferees by gratuitous title. He may also recover the net proceeds of things alienated and for the diminution of the value of things that has resulted from their encumbrance.
Acts 1990, No. 989, §1, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 86. Marriage; definition

TITLE IV - HUSBAND AND WIFE
CHAPTER 1 - MARRIAGE: GENERAL PRINCIPLES
Art. 86. Marriage; definition
Marriage is a legal relationship between a man and a woman that is created by civil contract. The relationship and the contract are subject to special rules prescribed by law.
Acts 1987, No. 886, §1, eff. Jan. 1, 1988.
2023 Louisiana Laws › Civil Code › Art. 89. Impediment of same sex

NOTE: This provision of law was included in the Unconstitutional Statutes Biennial Report to the Legislature, dated March 14, 2016.
Art. 89. Impediment of same sex
Persons of the same sex may not contract marriage with each other. A purported marriage between persons of the same sex contracted in another state shall be governed by the provisions of Title II of Book IV of the Civil Code.
Acts 1987, No. 886, §1, eff. Jan. 1, 1988; Acts 1999, No. 890, §1.
2023 Louisiana Laws › Civil Code › Art. 90. Impediments of relationship

Art. 90. Impediments of relationship
A. The following persons may not contract marriage with each other:
(1) Ascendants and descendants.
(2) Collaterals within the fourth degree, whether of the whole or of the half blood.
B. The impediment exists whether the persons are related by consanguinity or by adoption. Nevertheless, persons related by adoption, though not by blood, in the collateral line within the fourth degree may marry each other if they obtain judicial authorization in writing to do so.
Acts 1987, No. 886, §1, eff. Jan. 1, 1988; Acts 2004, No. 26, §1.
NOTE: SEE ACTS 1987, NO. 886, §5.
2023 Louisiana Laws › Civil Code › Art. 3520. Marriage

NOTE: This provision of law was included in the Unconstitutional Statutes Biennial Report to the Legislature, dated March 14, 2016.
Art. 3520. Marriage
A. A marriage that is valid in the state where contracted, or in the state where the parties were first domiciled as husband and wife, shall be treated as a valid marriage unless to do so would violate a strong public policy of the state whose law is applicable to the particular issue under Article 3519.
B. A purported marriage between persons of the same sex violates a strong public policy of the state of Louisiana and such a marriage contracted in another state shall not be recognized in this state for any purpose, including the assertion of any right or claim as a result of the purported marriage.
Acts 1991, No. 923, §1, eff. Jan. 1, 1992; Acts 1999, No. 890, §1.
2023 Louisiana Laws › Civil Code › Art. 3522. Effects and incidents of marriage and of divorce

Art. 3522. Effects and incidents of marriage and of divorce
Unless otherwise provided by the law of this state, the effects and incidents of marriage and of divorce with regard to an issue are governed by the law applicable to that issue under Article 3519.
Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
2023 Louisiana Laws › Civil Code › Art. 94. Absolutely null marriage

CHAPTER 2 - NULLITY OF MARRIAGE
Art. 94. Absolutely null marriage
A marriage is absolutely null when contracted without a marriage ceremony, by procuration, or in violation of an impediment. A judicial declaration of nullity is not required, but an action to recognize the nullity may be brought by any interested person.
Acts 1987, No. 886, §1, eff. Jan. 1, 1988.
{{NOTE: SEE ACTS 1987, NO. 886, §5.}}
2023 Louisiana Laws › Civil Code › Art. 95. Relatively null marriage; confirmation

Art. 95. Relatively null marriage; confirmation
A marriage is relatively null when the consent of one of the parties to marry is not freely given. Such a marriage may be declared null upon application of the party whose consent was not free. The marriage may not be declared null if that party confirmed the marriage after recovering his liberty or regaining his discernment.
Acts 1987, No. 886, §1, eff. Jan. 1, 1988
2023 Louisiana Laws › Civil Code › Art. 96. Civil effects of absolutely null marriage; putative marriage

Art. 96. Civil effects of absolutely null marriage; putative marriage
An absolutely null marriage nevertheless produces civil effects in favor of a party who contracted it in good faith for as long as that party remains in good faith. When the cause of the nullity is one party's prior undissolved marriage, the civil effects continue in favor of the other party, regardless of whether the latter remains in good faith, until the marriage is pronounced null or the latter party contracts a valid marriage. When the cause of the nullity is an impediment of age, the marriage produces civil effects in favor of a child of the parties. When the cause of the nullity is another reason, a marriage contracted by a party in good faith produces civil effects in favor of a child of the parties. A purported marriage between parties of the same sex does not produce any civil effects.
Acts 1987, No. 886, §1, eff. Jan. 1, 1988; Acts 2019, No. 401, §1.
2023 Louisiana Laws › Civil Code › Art. 101. Termination of marriage

CHAPTER 4. TERMINATION OF MARRIAGE
Art. 101. Termination of marriage
Marriage terminates upon:
The death of either spouse.
Divorce.
A judicial declaration of its nullity, when the marriage is relatively null.
The issuance of a court order authorizing the spouse of a person presumed dead to remarry, as provided by law.
Acts 1987, No. 886, §1, eff. Jan. 1, 1988; Acts 1990, No. 1009, §1, eff. Jan. 1, 1991.
2023 Louisiana Laws › Civil Code › Art. 102. Judgment of divorce; living separate and apart prior to rule

TITLE V - DIVORCE
CHAPTER 1. THE DIVORCE ACTION
Art. 102. Judgment of divorce; living separate and apart prior to rule
Except in the case of a covenant marriage, a divorce shall be granted upon motion of a spouse when either spouse has filed a petition for divorce and upon proof that the requisite period of time, in accordance with Article 103.1, has elapsed from the service of the petition, or from the execution of written waiver of the service, and that the spouses have lived separate and apart continuously for at least the requisite period of time, in accordance with Article 103.1, prior to the filing of the rule to show cause.
The motion shall be a rule to show cause filed after all such delays have elapsed.
Amended by Acts 1952, No. 229, §1; Acts 1958, No. 331; Acts 1990, No. 1009, §2, eff. Jan. 1, 1991; Acts 1991, No. 367, §1; Acts 1993, No. 107, §1; Acts 1995, No. 386, §1; Acts 1997, No. 1380, §1; Acts 2006, No. 743, §1, eff. Jan. 1, 2007.
2023 Louisiana Laws › Civil Code › Art. 103. Judgment of divorce; other grounds

Art. 103. Judgment of divorce; other grounds
Except in the case of a covenant marriage, a divorce shall be granted on the petition of a spouse upon proof that:
(1) The spouses have been living separate and apart continuously for the requisite period of time, in accordance with Article 103.1, or more on the date the petition is filed.
(2) The other spouse has committed adultery.
(3) The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.
(4) During the marriage, the other spouse physically or sexually abused the spouse seeking divorce or a child of one of the spouses, regardless of whether the other spouse was prosecuted for the act of abuse.
(5) After a contradictory hearing or consent decree, a protective order or an injunction was issued during the marriage against the other spouse to protect the spouse seeking the divorce or a child of one of the spouses from abuse.
Acts 1990, No. 1009, §2, eff. Jan. 1, 1991; Acts 1991, No. 918, §1; Acts 1997, No. 1380, §1; Acts 2006, No. 743, §1, eff. Jan. 1, 2007; Acts 2014, No. 316, §1; Acts 2015, No. 221, §1; Acts 2018, No. 265, §1.