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2023 Louisiana Laws › Children's Code › Art. 647. Stipulation; consent to judgment

Art. 647. Stipulation; consent to judgment
With the approval of the petitioner and the department, if a child is in the custody of the department, a parent whose child is the subject of pending proceedings may, with or without admitting the allegations of the petition, stipulate that the child is in need of care according to Article 606, provided that:
(1) A prehearing conference has been convened in accordance with Article 646.1.
(2) The parent personally appears before the court.
(3) The court fully informs the parent of his rights as required by Article 625.
(4) The court fully informs the parent of the consequences of such a stipulation, including the parent's responsibility to comply with the case plan and correct the conditions requiring the child to be in care.
(5) The parent knowingly and voluntarily consents to the judgment.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
2023 Louisiana Laws › Children's Code › Art. 648. Advice of rights at appearance to answer petition

Art. 648. Advice of rights at appearance to answer petition
At the appearance to answer, the court shall advise the parent of his rights and responsibilities pursuant to Article 625, unless so advised at a previous hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
2023 Louisiana Laws › Children's Code › Art. 649. Answer to petition; objection by child

Art. 649. Answer to petition; objection by child
A. After the parent has been advised of his rights, and if the parent has not stipulated pursuant to Article 647, the court shall determine whether the parent admits or denies the allegations of the petition.
(1) If the parent denies the allegations of the petition, the court shall set the matter for adjudication.
(2) If the parent admits the allegations of the petition, the court shall determine whether there is a factual basis for adjudication and whether the parent consents to adjudication.
B. A child may object, in writing or in open court, to an answer of his parent, which objection shall be entered into the minutes of the court.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
2023 Louisiana Laws › Children's Code › Art. 650. Intervention

Art. 650. Intervention
A. For good cause shown, the court may allow any family member or interested person to intervene to facilitate the placement of the child and to ensure that the best interests of the child are protected.
B. The court may limit the nature and extent of the intervenor's participation in the adjudication hearing.
C. For the purposes of this Article, "interested person" means any person with whom the child enjoys a close, established, significant relationship, yet not a blood relative, including a neighbor, godparent, teacher, or close friend of the parent.
Acts 2023, No. 226, §1.
2023 Louisiana Laws › Children's Code › Art. 651. Preadjudication motions; time for filing; hearings

CHAPTER 10. SPECIAL MOTIONS AND DISCOVERY
Art. 651. Preadjudication motions; time for filing; hearings
A. All motions prior to the adjudication hearing shall be made by written motion filed no later than fifteen days before any scheduled adjudication hearing. In the interest of justice, the court may allow additional time within which to make or file such motions or may permit such requests to be made by oral motion.
B. The motion shall state with particularity the grounds therefor and shall set forth the relief sought.
C. A motion may be granted without a contradictory hearing when mover is clearly entitled thereto without supporting proof. A motion shall not be denied without a contradictory hearing unless, assuming the facts alleged to be true, mover is not entitled to relief.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 653. Restrictive orders; discovery

Art. 653. Restrictive orders; discovery
A. The court may limit, modify, or restrict discovery upon written motion and a showing of good cause, such as a claim of confidentiality under R.S. 46:56. Such showing may be made ex parte if the interests of justice so require.
B. If the court restricts, limits, or modifies its order, the written motion showing good cause may be sealed and shall be placed in the record of the proceeding.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 654. Medical, sensory, psychological, and psychiatric examinations

Art. 654. Medical, sensory, psychological, and psychiatric examinations
A. On its own motion, or on the motion of the child, the parent, or the petitioner, the court may order any child concerning whom a petition has been filed to be examined by a physician, optometrist, or audiologist.
B. On its own motion or on motion of the parent or the petitioner, after a contradictory hearing and a showing of good cause, the court may order any child alleged to be in need of care to be examined by a psychologist or a psychiatrist.
C. On the motion of the child, the court may order a child concerning whom a petition has been filed, to be examined by a psychologist or a psychiatrist.
D. Any examination as herein provided shall be made and the findings submitted to the court within thirty days of the date the order is entered. Such period may be extended by the court for good cause.
E. Copies of any reports of findings submitted to the court shall be available to counsel for all parties.
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. 655. Medical treatment of children; costs

Art. 655. Medical treatment of children; costs
A. On its own motion, or on the motion of the child or the petitioner, the court may order the parent of a child concerning whom a petition has been filed to provide necessary medical or surgical care.
B. If the parent fails to provide such care, the court may, after due notice to the parent, order the care and order the parent to pay all or part of the expense.
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. 656. Motions for severance

Art. 656. Motions for severance
On its own motion, or on the motion of the child, the parent, or the petitioner, if the petition also alleges that the child is a delinquent or that the family is in need of services, the court may, in the interest of justice, order separate adjudication hearings.
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. 657. Motions to dismiss

Art. 657. Motions to dismiss
A. All objections to the proceedings, including objections based on defects in the petition and defenses capable of determination as a matter of law, may be raised by a motion to dismiss.
B. Upon a finding of grounds to dismiss the petition as provided in Paragraph A of this Article, the court shall order that the petition be dismissed.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2022, No. 176, §1.
2023 Louisiana Laws › Children's Code › Art. 658. Dismissal of petition

Art. 658. Dismissal of petition
The court shall dismiss a petition on the motion of the petitioner.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2022, No. 176, §1.
2023 Louisiana Laws › Children's Code › Art. 659. Time for adjudication hearing

CHAPTER 11. ADJUDICATION
Art. 659. Time for adjudication hearing
A. If the child is in continued custody pursuant to Article 627, the adjudication hearing shall commence within forty-five days of the filing of the petition. If the child is not continued in custody, the adjudication hearing shall commence within one hundred five days of the filing of the petition.
B. After notice to the opposing party and upon a showing of good cause, the court may grant, deny, or condition a requested continuance of the proceeding in extraordinary circumstances. The hearing may be continued for up to five additional days. If a continuance is granted, the court shall issue a written order identifying the mover and reciting the particular facts justifying the continuance.
C. If the hearing has not been commenced timely, upon motion of the child, the court shall release a child continued in custody and may dismiss the petition.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
2023 Louisiana Laws › Children's Code › Art. 661. Presence at adjudication hearing; exclusion of witnesses

Art. 661. Presence at adjudication hearing; exclusion of witnesses
A. The child, his parents, counsel, the district attorney, authorized officials of the court as designated by the judge, agency representatives as designated by the state, court-appointed special advocate (CASA) volunteer, the witness under examination, and the judge may be present at the adjudication hearing.
B. A child twelve years of age or older shall be present in court unless his presence is waived by the court upon motion of the child's counsel. A child below the age of twelve years shall be present in court upon the request of counsel for the child or the court. If the child is present in court, he may choose to testify as to his wishes, and the court shall consider his testimony in the matter. Any testimony given by a child may be taken by a videotaped interview or by closed-circuit television, as authorized by Chapter 8 of Title III of this Code, or by an in-chambers conference attended only by the judge and court reporter and by counsel for the child, for the petitioner, and for the parents.
C. The court shall not admit any other person into the courtroom unless the court has determined that the person has a proper interest in or is necessary to the proceedings.
D. On its own motion the court may, and on the request of a party the court shall, order that the witnesses, other than parties, be excluded from the courtroom or from a place where they can see or hear the proceedings, and refrain from discussing the facts of the case with anyone other than counsel in the case. In the interest of justice, the court may exempt any witness from its order.
E. Prior to the commencement of the hearing, the court shall determine whether it is in the child's best interest for the child to remain in the courtroom during the testimony of the witnesses.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2006, No. 764, §1; Acts 2012, No. 730, §1.
2023 Louisiana Laws › Children's Code › Art. 661.1. Federal Indian Child Welfare Act inquiry

Art. 661.1. Federal Indian Child Welfare Act inquiry
A. At the commencement of the adjudication hearing, the court shall inquire as to whether the petitioner or any person before the court knows or has reason to know that the child is an Indian child. If no person before the court responds affirmatively, the court may proceed, although it shall instruct each person before the court to inform the court if he subsequently discovers information indicating that the child is an Indian child.
B. In accordance with Article 624.1, if the court finds that there is reason to know that the child is an Indian child, the court shall immediately proceed pursuant to the federal Indian Child Welfare Act and the regulations promulgated thereunder.
C. If a tribe fails to respond to multiple requests for verification that the child is an Indian child and the court or department has sought the assistance of the Bureau of Indian Affairs in contacting the tribe, the court may make the determination that the child is not an Indian child based on the information it has available and proceed to adjudication in accordance with this Title.
Acts 2018, No. 296, §1.
2023 Louisiana Laws › Children's Code › Art. 663. Evidence; suspension of privileges

Art. 663. Evidence; suspension of privileges
A. Except as otherwise hereinafter provided, the adjudication hearing shall be conducted according to the rules of evidence applicable to civil proceedings.
B. The court may consider as evidence any videotape which is prepared in compliance with Chapter 8 of Title III and which is relevant to the proceeding.
C. Evidence of a prior criminal conviction shall be admissible in proceedings brought under this Title in order to prove allegations made under Article 606. Such proof shall be by certified copy of the judgment of conviction or certified copy of the minute entry of conviction in accordance with the Louisiana Code of Evidence.
D. Testimony or other evidence relevant to the abuse or neglect of a child or the cause of such condition may not be excluded on any ground of privilege, except in the case of confessions or communications between an attorney and his client or confidential communications between a priest, rabbi, duly ordained minister, or Christian Science practitioner and his confidential communicant.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 612, §1.
2023 Louisiana Laws › Children's Code › Art. 666. Adjudication order

Art. 666. Adjudication order
A. Following the adjudication hearing, the court shall immediately declare whether the evidence warrants a child in need of care adjudication. In exceptional circumstances, the court may take the matter under advisement for a period not to exceed ten days.
B. If the evidence demonstrates that the child's family is in need of services, the court may adjudicate the child's family to be in need of services and proceed to a disposition in accordance with Chapters 10 and 12 of Title VII.
C. If the court finds that the evidence does not warrant an adjudication that either the child is in need of care or the family is in need of services, it shall dismiss the petition.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 1999, No. 1317, §2; Acts 2004, No. 321, §1.
2023 Louisiana Laws › Children's Code › Art. 667. Vacation of adjudication

Art. 667. Vacation of adjudication
A. On motion of the child or the parent, an adjudication shall be vacated and a new adjudication hearing ordered if, after contradictory hearing, the court finds that:
(1) The adjudication was obtained by fraud or mistake sufficient to justify vacating the adjudication.
(2) The court making the adjudication lacked jurisdiction.
(3) New evidence not previously discoverable by due diligence requires vacating the adjudication in the interest of justice. A motion based upon this ground must be brought within one year of the adjudication.
B. In the interest of justice, the court may vacate an adjudication prior to disposition.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 668. Predisposition investigation and report

CHAPTER 12. PREDISPOSITION INVESTIGATION
Art. 668. Predisposition investigation and report
A. Following adjudication, the court may order a predisposition investigation. The investigation shall include the circumstances, needs, and social history of the child and his family, and also the circumstances surrounding the factual allegations of the petition. It shall also assess whether the child has an established and significant relationship with a parent, grandparent, sibling, or other relative which should be preserved in the best interests of the child. If so, the department shall include in the case plan arrangements for the child's continuing contact with such individuals while the child is in foster care.
B. A written report of the investigation and findings shall be submitted to the court prior to the disposition hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2003, No. 567, §1.
2023 Louisiana Laws › Children's Code › Art. 669. Physical and mental examination for disposition

Art. 669. Physical and mental examination for disposition
A. Following the adjudication, the court may order such physical and mental examination and evaluation of the child and his parents as may be helpful in determining a fair and just disposition.
B. After giving the parent a reasonable opportunity to be heard, the court may order that such parent shall contribute to the cost of the examination or evaluation in an amount commensurate with the parent's ability to pay.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 670. Notice of predisposition report and examination

Art. 670. Notice of predisposition report and examination
A. Prior to or during the disposition hearing, the court shall advise the petitioner, counsel for the child, and counsel for the parents of the factual contents and the conclusions of the predisposition report authorized by Article 668 and any other reports considered by the court. The court need not, but may, disclose sources of factual information to counsel for the child.
B. If the court has ordered a mental examination of the child or his parents pursuant to Article 669, the court, prior to the disposition hearing, shall provide the petitioner and counsel for the child and parent with copies of reports submitted in connection with such mental examination.
C. The court shall afford the petitioner and counsel for the child and parent fair opportunity to controvert factual contents and conclusions disclosed pursuant to Paragraphs A and B of this Article.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 671. Applicability

CHAPTER 13. PERMANENCY PLANNING REPORTS
Art. 671. Applicability
If at any point in a child in need of care proceeding a child enters the custody of a child care agency, the provisions of this Chapter shall also be applicable.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 672. Care and treatment by department

Art. 672. Care and treatment by department
A.(1) Whenever custody of a child is assigned to the Department of Children and Family Services, the child shall be assigned to the custody of the department rather than to a particular placement setting. The department shall have authority over the placement within its resources and the allocation of other available resources within the department for children judicially committed to its custody.
(2) Upon motion of the court, for good cause shown, a contradictory hearing shall be held and thereafter, the presiding judge shall have the authority to disapprove a placement chosen by the department if it is not in the best interest of the child and shall issue a written order that the department choose a more suitable placement with reasons supporting the court's decision.
B. The court shall not divide legal and physical custody whenever assigning custody to a department in accordance with this Article, Articles 619, 622, 627, 681, 700, or 716, or any other statute or provision of law. The court shall specify other public agencies or institutions that have legal or financial responsibility, or both, to provide their particular services identified at disposition or subsequent case review. Placing custody of a child with one state department shall not remove the obligation of any other state department to provide services to that child from their resources for which the child is eligible under state or federal statute or state or federal appropriation, including but not limited to twenty-four-hour care.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1993, No. 866, §1; eff. June 23, 1993; Acts 1997, No. 612, §1; Acts 1997, No. 671, §1, eff. July 7, 1997; Acts 2001, No. 567, §1; Acts 2018, No. 189, §1.
2023 Louisiana Laws › Children's Code › Art. 672.1. Reunification efforts determination

Art. 672.1. Reunification efforts determination
A. At any time in a child in need of care proceeding when a child is in the custody of the department, the department may file a motion for a judicial determination that efforts to reunify the parent and child are not required.
B. The department shall have the burden of demonstrating by clear and convincing evidence that reunification efforts are not required, considering the health, welfare, and safety of the child and the child's need for permanency.
C. Efforts to reunify the parent and child are not required if a court of competent jurisdiction has determined that:
(1) The parent has subjected the child to egregious conduct or conditions, including but not limited to any of the grounds for certification for adoption pursuant to Article 1015.
(2) The parent has committed murder or manslaughter of another child of the parent or any other child or has aided or abetted, attempted, conspired, or solicited to commit such a murder or manslaughter.
(3) The parent has committed a felony that results in serious bodily injury to the child or another child of the parent or any other child.
(4) The parental rights of the parent to a sibling have been terminated involuntarily.
D. If the court determines that reunification efforts are not required, it shall document that determination by written findings of fact. A permanency hearing, which considers in-state and out-of-state permanent placement options for the child, may be conducted immediately and shall be conducted within thirty days after the determination.
Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2001, No. 567, §1; Acts 2007, No. 334, §1; Acts 2012, No. 730, §1; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 672.2. Local educational agencies; children placed in group homes and residential facilities

Art. 672.2. Local educational agencies; children placed in group homes and residential facilities
A. Beginning with applications submitted on July 1, 1999, and thereafter, as a condition of application for an initial license from the Louisiana Department of Health to provide residential treatment, group home care, emergency shelter care, or psychiatric hospital services to youths of school age under the supervision or in the custody of the Department of Public Safety and Corrections, a license applicant shall notify the local educational agency in the parish in which the facility is located of its intention to apply for a license to operate such a facility.
B. Documentation of such notification provided for in Paragraph A shall be submitted to the Louisiana Department of Health as part of the application, and shall include the number of children for which the facility is seeking licensure and the anticipated opening date of the facility.
C. Beginning with applications received on July 1, 1999, and thereafter, upon receipt of an application for initial licensure by the Department of Children and Family Services from an applicant which seeks to provide child residential care, or emergency shelter to children of school age, the Department of Children and Family Services shall provide written notification to the Department of Education of such application for initial licensure within thirty days of receipt of such application, including the parish where the facility seeks to operate.
Acts 1999, No. 1173, §1, eff. July 1, 1999.
2023 Louisiana Laws › Children's Code › Art. 673. Case plan

Art. 673. Case plan
Within sixty days after a child enters the custody of a child care agency, the custodian shall develop a case plan detailing the custodian's efforts toward achieving a permanent placement for the child. The health, welfare, and safety of the child shall be the paramount concern in the development of the case plan.
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. 674. Filing

Art. 674. Filing
A. A copy of the case plan shall be filed with the court ten days before any scheduled disposition, permanency, or case review hearing. Upon filing, the department shall provide a copy of the case plan to counsel of record either by mail or electronic mail and shall mail a copy by certified mail to any unrepresented parent at his last known address or send the copy by electronic mail at the electronic mail address expressly designated by the parent in a pleading, at the continued custody or continued safety plan hearing, or at any other hearing at which the parent personally appeared before the court, unless otherwise ordered by the court for good cause.
B. Service by electronic mail is complete upon transmission but is not effective if the serving party learns the transmission did not reach the party to be served.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 612, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2015, No. 124, §1, eff. June 19, 2015.
2023 Louisiana Laws › Children's Code › Art. 677. Case plan review

Art. 677. Case plan review
A. At the disposition hearing, the court shall consider the content or implementation of the case plan and any response filed concerning it. At any other hearing held subsequent to the filing of the case plan, on its own motion or upon motion of any party for good cause shown, the court may consider the content or implementation of the case plan or of any response filed concerning it.
B. If no party files a written response objecting to the case plan and the court finds that the plan protects the health, welfare, and safety of the child and is in the best interest of the child, the court shall render an order approving the plan.
C. If the court does not approve the case plan, the court shall enter specific written reasons for finding that the plan does not protect the health, welfare, and safety of the child or is otherwise not in the best interest of the child.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 612, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 678. Disposition hearing; time

CHAPTER 14. DISPOSITION
Art. 678. Disposition hearing; time
A. Prior to entering a judgment of disposition, the court shall conduct a disposition hearing.
B. The disposition hearing may be conducted immediately after the adjudication and shall be conducted within thirty days after the adjudication.
C. Upon a showing of good cause and notice to the opposing party, the court may grant, deny, or restrict a requested continuance of the proceeding in accordance with the best interests of the child. If a continuance is granted, the court shall issue a written order identifying the mover and reciting the particular facts justifying the continuance.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
2023 Louisiana Laws › Children's Code › Art. 679. Notice; presence at disposition

Art. 679. Notice; presence at disposition
A. Written notice of the date, time, and place of the disposition hearing shall be served and a return made in the same manner as a petition on all parties and also counsel of record at least fifteen days prior to the hearing unless the parties have been previously notified in open court at a prior hearing.
B. The court shall permit a disposition hearing to be held in the absence of a parent if it is established on the record that the parent was served but is not in attendance or that efforts to serve the parent have been unsuccessful.
C. A child twelve years of age or older shall be present in court unless his presence is waived by the court upon motion of the child's counsel. A child below the age of twelve years shall be present in court upon the request of counsel for the child or the court. If the child is present in court, he may choose to testify as to his wishes, and the court shall consider his testimony in the matter. Any testimony given by a child may be taken by a videotaped interview or by closed-circuit television, as authorized by Chapter 8 of Title III of this Code, or by an in-chambers conference attended only by the judge and court reporter and by counsel for the child, for the petitioner, and for the parents.
D. The department shall give notice of the right to appear at the disposition hearing to any foster parent, pre-adoptive parent, or relative providing care for the child.
E. If a foster parent, pre-adoptive parent, or relative providing care for the child fails to appear at the disposition hearing, the department shall report to the court whether notice was given, or, if not, what diligent efforts were made to locate and notify the absent person. The court may permit the hearing to be held in the person's absence.
F. The court shall solicit and consider information regarding the care and treatment of the child from any foster parent, pre-adoptive parent, or relative providing care for the child who appears for the hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2007, No. 334, §1; Acts 2012, No. 730, §1.
2023 Louisiana Laws › Children's Code › Art. 680. Disposition hearing; evidence

Art. 680. Disposition hearing; rights of parties; evidence
A. All parties have the right to testify, the right to confront and cross-examine adverse witnesses, the right to present evidence and witnesses, and the right to counsel.
B. The court shall consider the report of the predisposition investigation, the case plan, any reports of mental evaluation, and all other evidence offered by the parties relating to the proper disposition. The court may consider evidence which would not be admissible at the adjudication hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2021, No. 158, §1.
2023 Louisiana Laws › Children's Code › Art. 681. Dispositional alternatives

Art. 681. Dispositional alternatives
A. In a case in which a child has been adjudicated to be in need of care, the health, welfare, and safety of the child shall be the paramount concern. If the child can safely remain in or return to the custody of the parent, the court shall place the child in the custody of the parent under terms and conditions deemed to be in the best interest of the child, including but not limited to the issuance of a protective order pursuant to Article 618 or a safety plan order. If the child cannot safely remain in or return to the custody of the parent, the court may do any of the following:
(1) Order the child into the legal custody of a suitable relative or other suitable individual on terms and conditions deemed to be in the best interest of the child, including but not limited to the issuance of a protective order pursuant to Article 618.
(2) Place the child in the custody of a private or public institution or agency.
(3) Commit a child found to have a mental illness to a public or private institution for persons with mental illness.
(4) Grant guardianship of the child to a nonparent.
(5) Make such other disposition or combination of the above dispositions as the court deems to be in the best interest of the child.
B. A child in need of care shall not be committed to the Department of Public Safety and Corrections, nor shall such department accept a child in need of care.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2011, No. 128, §1; Acts 2014, No. 811, §33, eff. June 23, 2014; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 683. Disposition; generally

Art. 683. Disposition; generally
A. The court shall impose the least restrictive disposition of the alternatives enumerated in Article 681 that the court finds is consistent with the circumstances of the case and the health, welfare, and safety of the child.
B. If the court determines that the child cannot safely remain in or return to the custody of the parent, the court shall place the child in the custody of a suitable relative unless the court has made a specific finding that the placement is not in the best interest of the child. The court shall give specific written reasons for its findings, which shall be made a part of the record of the proceeding.
C. If the court commits a child to a private institution or agency, it shall select one that has been licensed under state law, if licensure is required by law for such an institution or agency. When no institution, social agency, or association so licensed for care or placement of children is available to the court, the court may commit the child to some other institution, social agency, or association which in the court's judgment is suitable for such child.
D. In committing a child to the custody of another suitable individual or a private agency or institution, the court shall, whenever practicable, select an individual, agency, or institution of the same religious affiliation as the child or the parents.
E. A child shall not be committed to a public or private mental institution or institution for persons with mental illness unless the court finds, based on psychological or psychiatric evaluation, that the child has a mental disorder, other than an intellectual disability, which has a substantial adverse effect on his ability to function and requires care and treatment in an institution. When the child is in the custody of the state of Louisiana, this finding shall not be made without the representation of the child by an attorney appointed from the Mental Health Advocacy Service, unless such attorneys are unavailable as determined by the director or the child retains private counsel who shall represent only the interest of the child. The Mental Health Advocacy Service's attorney so appointed shall continue to represent the child in any proceeding relating to admission, change of status, or discharge from the mental hospital or psychiatric unit. Upon modification of the disposition to a placement other than a mental hospital or psychiatric unit, the Mental Health Advocacy Service's attorney shall be relieved of representation of the child.
F. A child shall not be committed to a public or private institution for persons with intellectual disabilities unless the court finds, based on psychological or psychiatric evaluation, that the child has an intellectual disability and such condition has a substantial adverse effect on his ability to function and requires care and treatment in an institution.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 1999, No. 770, §1; Acts 1999, No. 1317, §2; Acts 2014, No. 811, §33, eff. June 23, 2014; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 685. Parent's contribution to costs of care and treatment

Art. 685. Parent's contribution to costs of care and treatment
A. As a part of any judgment of disposition committing a child to the custody of a person other than the parents of the child, the court may, after giving the parent a reasonable opportunity to be heard, order that the parent contribute to the cost of care and treatment of the child after consideration of the following factors:
(1) The best interest of the child.
(2) The recommendation of the department.
(3) The ability of the parent to pay.
(4) The obligation of the parent to support the child.
(5) The needs of the child.
(6) Any other relevant factor.
B. When the department has provided or will provide payment for care and treatment of the child, the payments by the parent shall be made directly to the department and shall, immediately upon receipt, be deposited in the state treasury, except when otherwise provided by federal law. In the event of default in the payment of costs of care by the parent, the department may exercise all administrative and legal alternatives provided by law or regulation to enforce the provisions of this Article.
C. When care and treatment of the child is to be provided by a caretaker other than the department, the payments by the parent shall be made according to the court's order. In the event of default in the payment of costs of care and treatment by the parent, the caretaker, if receiving the contributions, or the department may proceed against the parent as provided by law for failure to pay.
D. An order for a parental contribution to the cost of care and treatment in accordance with this Article shall not be considered child support pursuant to R.S. 9:315 et seq. The court shall not order a contribution for the cost of care and treatment in accordance with this Article if the parent is obligated to pay child support pursuant to R.S. 9:315 et seq. If a valid child support order has been signed in accordance with R.S. 9:315 et seq., a previous order for parental contribution to the cost of care and treatment shall terminate by operation of law.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2004, No. 255, §1, eff. June 15, 2004; Acts 2008, No. 392, §1.
2023 Louisiana Laws › Children's Code › Art. 687. Applicability

CHAPTER 15. CASE REVIEW PROCEDURE;
REPORTS; REVIEW HEARINGS
Art. 687. Applicability
If at any point in child in need of care proceedings, the child is removed from his parents' care and control and placed in the custody of the department, the provisions of this Chapter shall govern the subsequent case review process until such time as the child achieves a permanent placement as defined in Article 603.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 688. Case review reports; filing

Art. 688. Case review reports; filing
The custodial agency shall file a case review report with the court or, if appropriate, with the administrative review body ten days prior to every scheduled review hearing. The custodial agency shall also distribute a copy of the report to any court-appointed special advocate (CASA) program involved in the case prior to or at the same time as it is filed with the court or administrative review body.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2001, No. 567, §1.
2023 Louisiana Laws › Children's Code › Art. 689. Case review reports; service

Art. 689. Case review reports; service
A. A copy of the report shall be served upon counsel of record either by mail or electronic mail and upon any unrepresented party either by certified mail at his last known address or by the department by electronic mail at the electronic mail address expressly designated by the party in a pleading, at the continued custody or continued safety plan hearing, or at any other hearing at which the party personally appeared before the court prior to or at the same time it is filed with the court.
B. Service by electronic mail is complete upon transmission but is not effective if the serving party learns the transmission did not reach the party to be served.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2015, No. 124, §1, eff. June 19, 2015.
2023 Louisiana Laws › Children's Code › Art. 690. Case review report purpose; contents

Art. 690. Case review report purpose; contents
A. The case review report shall review the status of the child.
B. The case review report shall address the following:
(1) The continuing necessity for and appropriateness of the placement.
(2) The extent of compliance with the case plan.
(3) The extent of progress which has been made toward alleviating or mitigating the causes necessitating placement in foster care.
(4) A likely date by which the child may be returned to the home or placed for adoption or guardianship of the person of the child.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 691. Response

Art. 691. Response
Parties may file with the court a written response to the case review report, as long as the response is submitted to counsel of record and any unrepresented party at least five days prior to the review hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
2023 Louisiana Laws › Children's Code › Art. 692. Case review hearings

Art. 692. Case review hearings
A. A review hearing shall be conducted by the court or administrative review body three months after the disposition hearing if the child was removed prior to disposition or within six months after the disposition hearing if the child was removed at disposition, but in no case more than six months after removal of the child from his parent(s).
B. Case reviews shall continue to be held at least once every six months thereafter until the child is permanently placed, or earlier upon the motion of a party for good cause shown or upon the court's own motion.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 693. Notice

Art. 693. Notice
Written notice of the date, time, and place of the case review hearing shall be served and a return made in the same manner as a petition on all parties and counsel of record at least fifteen days prior to the hearing, unless the parties have been previously notified in open court at a prior hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 694. Notice; absent parents

Art. 694. Notice; absent parents
A. The court shall permit a case review hearing to be held in the absence of a parent if it is established on the record that the parent was served but is not in attendance or that efforts to serve the parent have been unsuccessful.
B. If reunification with the absent parent is the case plan goal, the department shall make continuing diligent efforts to locate the absent parent and notify him of the nature and outcome of the case review hearing and shall promptly inform the court of any known or discovered address. Otherwise, the department shall promptly inform the court of any new address of an absent parent that becomes known through the case planning process.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 248, §1.
2023 Louisiana Laws › Children's Code › Art. 695. Notice; foster parents, pre-adoptive parents, relatives providing care; right to be heard

Art. 695. Notice; foster parents, pre-adoptive parents, relatives providing care; right to be heard
A. The department shall give notice of the right to appear at each case review hearing to any foster parent, pre-adoptive parent, or relative providing care for the child.
B. The notice shall state the date, time, and place of the case review hearing and the recipient's right to attend and be heard.
C. If a foster parent, pre-adoptive parent, or relative providing care for the child fails to appear at a case review hearing, the department shall report to the court whether notice was given or, if not, what diligent efforts were made to locate and notify the absent person. The court may permit the hearing to be held in the person's absence.
D. The court shall solicit and consider information regarding the care and treatment of the child from any foster parent, pre-adoptive parent, or relative providing care for the child who appears for the hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2007, No. 334, §1; Acts 2012, No. 730, §1.
2023 Louisiana Laws › Children's Code › Art. 696. Rights of parties

Art. 696. Rights of parties
A. All parties have the right to testify, the right to confront and cross-examine adverse witnesses, the right to present evidence and witnesses, and the right to counsel.
B. A child twelve years of age or older shall be present in court unless his presence is waived by the court upon motion of the child's counsel. A child below the age of twelve years shall be present in court upon the request of counsel for the child or the court. If the child is present in court, he may choose to testify as to his wishes, and the court shall consider his testimony in the matter. Any testimony given by a child may be taken by a videotaped interview or by closed-circuit television, as authorized by Chapter 8 of Title III of this Code, or by an in-chambers conference attended only by the judge and court reporter and by counsel for the child, for the petitioner, and for the parents.
C. Any party who has received notice of the case review hearing and does not appear shall be deemed to have waived his right to be present.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2012, No. 730, §1.
2023 Louisiana Laws › Children's Code › Art. 697. Intervention

Art. 697. Intervention
A. For good cause shown, the court or administrative review body may allow any interested person, agency, or organization to intervene in the case review proceedings to facilitate the permanent placement of the child and to insure that the best interests of the child are protected.
B. Upon motion of a party and for good cause shown, the court or administrative review body may limit the nature and extent of intervenor's participation in the case review hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 698. Presence at case review

Art. 698. Presence at case review
A. All parties, foster parents, adoptive parents, and relatives providing care for the child, authorized officers of the court as designated by the judge, agency representatives as designated by the state, court-appointed special advocate (CASA) volunteer, the witness under examination, and the judge or administrative review body may be present at a case review hearing. The court or administrative review body shall not admit any other person unless the court has determined that the person has a proper interest in or is necessary to the proceedings.
B. On its own motion or the motion of any party, the court or administrative review body may order that witnesses, other than parties, be excluded from the courtroom and refrain from discussing the facts of the case with anyone other than counsel in the case. On its own motion the court or administrative review body may, and on the request of a party the court shall, order that the witnesses, other than parties, be excluded from the courtroom or from a place where they can see or hear the proceedings, and refrain from discussing the facts of the case with anyone other than counsel in the case. In the interest of justice, the court may exempt any witness from its order.
C. Prior to the commencement of the hearing, the court shall determine whether it is in the child's best interest for the child to remain in the courtroom during the testimony of the witnesses.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 764, §1.
2023 Louisiana Laws › Children's Code › Art. 700. Order; appeal

Art. 700. Order; appeal
A. At the conclusion of the case review hearing, the court shall make a finding as to whether the child can safely return to the custody of the parent and shall order return of custody to the parent if it is safe to do so. The court order shall give specific written reasons for the findings. If the court finds that the child cannot be safely returned to the parent under terms and conditions deemed to be in the best interest of the child, the court may take one of the following actions:
(1) Approve the plan as consistent with the health, welfare, and safety of the child and order compliance by all parties.
(2) Find that the case plan is not appropriate, in whole or in part, based on the evidence presented at the contradictory hearing, and order the department to revise the case plan accordingly.
B. At the conclusion of the case review hearing, the court shall inform the parents of all of the following:
(1) It is their obligation to cooperate with the department, comply with the requirements of the case plan, including their duty to keep the department apprised of their current address, and to correct the conditions requiring the child to be in care.
(2) It is their continuing responsibility to support the achievement of timely permanency for the child and to advise the department and the court in writing of the whereabouts, including the address, cellular number, telephone number, and any other contact information, of all grandparents, all parents of a sibling where such parent has legal custody of such sibling, and all other adult relatives of the child.
(3) A termination of parental rights petition may be filed based on their failure to comply with the case plan, failure to make significant measurable progress toward achieving case plan goals and to correct the conditions requiring the child to be in care, or on any other ground authorized by Article 1015.
C. Any person directly affected may appeal the findings or orders of the court rendered pursuant to this Article.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2022, No. 272, §1.