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2023 Louisiana Laws › Children's Code › Art. 1406. Selection of facilities; judicial commitments

CHAPTER 2. TREATMENT FACILITIES
Art. 1406. Selection of facilities; judicial commitments
A. Any treatment facility, except a forensic facility, shall be selected with consideration for the following:
(1) Medical suitability.
(2) Least restriction of the minor's liberty.
(3) Nearness to the minor patient's usual residence.
(4) Financial status of the minor patient.
B. Treatment facilities include but are not limited to the following:
(1) Community mental health centers.
(2) Private clinics.
(3) Public or private halfway houses.
(4) Public or private group homes.
(5) Residential facilities for children.
(6) Public or private general hospitals.
(7) Public or private mental hospitals.
(8) Detoxification centers.
(9) Substance abuse clinics.
(10) Substance abuse inpatient facilities.
(11) Forensic facilities.
C. Judicial commitments may be made to any facility, except forensic facilities, which is listed in Paragraph B of this Article.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1407. Facilities prohibited; emergency certificate for mental health treatment

Art. 1407. Facilities prohibited; emergency certificate for mental health treatment
A. Minor patients involuntarily hospitalized by emergency certificate for mental health treatment shall not be admitted to the following facilities:
(1) Private clinics.
(2) Public or private halfway houses.
(3) Public or private group homes.
(4) Substance abuse clinics.
(5) Forensic facilities.
(6) Residential facilities for children.
B. Minor patients in the custody of the Department of Public Safety and Corrections may be admitted to forensic facilities by emergency certificate provided that judicial commitment proceedings are initiated during the period of treatment at the forensic facility authorized by emergency certificate.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1408. Facilities prohibited; emergency certificate for substance abuse treatment

Art. 1408. Facilities prohibited; emergency certificate for substance abuse treatment
A. Minor patients involuntarily hospitalized by emergency certificate for substance abuse treatment shall not be admitted to the following facilities:
(1) Private clinics.
(2) Public or private halfway houses.
(3) Public or private group homes.
(4) Forensic facilities.
(5) Residential facilities for children.
B. Judicial commitment or hospitalization by emergency certificate may be made to any facility listed in Article 1406(B), except forensic facilities, provided that such facility has a substance abuse inpatient operation maintained separate and apart from any mental health inpatient operation in such facility.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1410. Violation of rights; reports; reports of abuse or neglect

Art. 1410. Violation of rights; reports; reports of abuse or neglect
A. Alleged violations of the rights established by Article 1409 shall be reported immediately to the superintendent and there shall be a written record that:
(1) Each alleged violation has been thoroughly investigated and findings stated.
(2) The results of such investigation were reported to the superintendent within twenty-four hours of the report of the incident.
B. Abuse or neglect of any child shall be reported to a child protection agency in accordance with Chapter 5 of Title VI.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1411. Right to hearing

CHAPTER 4. HOSPITALIZED MINORS' RIGHT TO HEARING
Art. 1411. Right to hearing
A minor or his attorney shall have the right to demand a hearing to determine whether the minor should receive treatment on an inpatient basis, be discharged from the treatment facility, or placed in a less restrictive setting.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1412. Petition; venue

Art. 1412. Petition; venue
A. The petition shall be filed in the court of the jurisdiction in which the patient is confined or, if the minor is currently under a disposition by a juvenile court, the hearing shall be held in that juvenile court.
B. The hearing shall be held in that court and no other except for good cause shown.
C. The judge of the court where the petition was filed may hold the hearing at the treatment facility where the minor is confined, if in the opinion of the director of the treatment facility it will be detrimental to the patient's health, welfare, or dignity to travel to the court where the petition was filed.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1414. Order of hearing

Art. 1414. Order of hearing
A. Witnesses and evidence tending to show that the child needs to be in a treatment facility shall be presented first.
B. Counsel for the child shall have the opportunity to present evidence and to cross-examine witnesses.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1415. Burden of proof; order

Art. 1415. Burden of proof; order
If the court finds by clear and convincing evidence that the minor has a mental illness or suffers from substance abuse of such severity that hospitalization is necessary and that he can benefit from inpatient treatment, it shall order his continued confinement in a designated treatment facility which is medically suitable and least restrictive of his liberty.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1417. Court records

Art. 1417. Court records
A. Each court shall keep a record of the cases relating to minors with mental illness coming before it under this Title and the disposition of them. It shall also keep on file the original petition and certificates of physicians required by this Chapter, or a microfilm duplicate of such records.
B. All records maintained in the courts under the provisions of this Article shall be sealed and available only to the respondent or his attorney unless the court, after a hearing held with notice to the respondent, determines such records should be disclosed to a petitioner for cause shown.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
2023 Louisiana Laws › Children's Code › Art. 1418. Physician's standard of care

CHAPTER 6. IMMUNITY FROM LIABILITY
Art. 1418. Physician's standard of care
Any licensed physician who acts pursuant to the provisions of this Title, including execution of an emergency certificate, shall be held to that degree of skill and care ordinarily employed under similar circumstances by members of his profession in good standing in the same community or locality and using reasonable care and diligence with his best judgment in the application of his skill.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1419. Immunity

Art. 1419. Immunity
A. Any licensed physician exercising that degree of skill and care ordinarily employed under similar circumstances by members of his profession in good standing in the same community or locality and using reasonable care and diligence with his best judgment in the application of his skill, shall not be held civilly liable or subject to criminal prosecution for acts arising from his medical opinions, judgments, actions, or duties pursuant to any of the provisions of this Title.
B. Any person who acts in good faith to assist in the apprehension or taking into protective custody and examination of a minor patient will not be subject to civil or criminal penalties. However, a person who willfully advises or participates in the making of a false application or certificate shall be imprisoned with or without hard labor for not more than two years or fined not more than ten thousand dollars, or both.
C. Any apprehension or taking into protective custody and confinement made by law enforcement officers, ordered by a court or upon the certificate of a physician under the procedures provided in this Title, is hereby declared to be an administrative act relative to the functions of their office, as required by law, and for which act they are specifically granted personal immunity, but not thereby relieved of their official responsibilities.
D. Coroners and assistant coroners who act in good faith to order persons to be taken into protective custody and transported for examination in accordance with Article 1432 shall not be civilly liable for damages to such persons resulting from those actions.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
2023 Louisiana Laws › Children's Code › Art. 1420. Admission by emergency certificate; extension

CHAPTER 7. EMERGENCY CERTIFICATE
ADMISSION PROCEDURE
Art. 1420. Admission by emergency certificate; extension
A. A minor with mental illness or a minor suffering from substance abuse may be admitted and detained at a treatment facility for observation, diagnosis, and treatment for a period not to exceed fifteen days under an emergency certificate.
B. A minor suffering from substance abuse may be detained at a treatment facility for one additional period, not to exceed fifteen days, provided that a second emergency certificate is executed. A second certificate may be executed only if and when a physician at the treatment facility and any other physician have examined the detained minor within seventy-two hours prior to the termination of the initial fifteen-day period and certified in writing on the second certificate that the minor remains dangerous to himself or others or gravely disabled, and that his condition is likely to improve during the extended period. The director shall inform the minor patient of the execution of the second certificate, the length of the extended period, and the specific reasons therefor, and shall also give notice of the same to the minor's nearest relative or other designated responsible party initially notified pursuant to Article 1428.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
2023 Louisiana Laws › Children's Code › Art. 1421. Examination required

Art. 1421. Examination required
Any physician, family psychiatric mental health nurse practitioner, or psychologist may execute an emergency certificate only after an actual examination of a minor alleged to be mentally ill or suffering from substance abuse who is determined to be in need of immediate medical treatment in a treatment facility because the examining physician, family psychiatric mental health nurse practitioner, or psychologist determines him to be dangerous to himself or others or to be gravely disabled. Failure to conduct an examination prior to the execution of the certificate will be evidence of gross negligence.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2012, No. 489, §1.
2023 Louisiana Laws › Children's Code › Art. 1422. Certificate; contents

Art. 1422. Certificate; contents
A. The emergency certificate shall state all of the following:
(1) The date the physician, family psychiatric mental health nurse practitioner, or psychologist examined the minor, which shall not be more than seventy-two hours prior to the date of the signature of the certificate.
(2) The objective findings of the physician, family psychiatric mental health nurse practitioner, or psychologist relative to the physical and mental condition of the minor, leading to the conclusion that he is dangerous to himself or others or is gravely disabled as a result of substance abuse or mental illness.
(3) The history of the case, if known.
(4) The determination of whether the minor examined is in need of immediate psychiatric treatment in a treatment facility because he is either:
(a) Dangerous to himself.
(b) Dangerous to others.
(c) Gravely disabled.
(5) A statement that the minor is unwilling or unable to seek voluntary admission.
B. The certificate shall be dated and executed under the penalty of perjury, but need not be notarized. The certificate shall be valid for seventy-two hours and shall be delivered to the director of the treatment facility where the person is to be further evaluated and treated.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2012, No. 489, §1.
2023 Louisiana Laws › Children's Code › Art. 1423. Coroner; notice; independent examination; discharge

Art. 1423. Coroner; notice; independent examination; discharge
A. Upon admission of any minor by emergency certificate to a treatment facility, it shall be the duty of the director of the treatment facility immediately to notify the coroner of the parish in which the treatment facility is located of the admission, giving the following information if known:
(1) The minor's name, address, date of birth.
(2) Name of certifying physician, family psychiatric mental health nurse practitioner, or psychologist.
(3) Date and time of admission.
(4) The name and address of the treatment facility.
B. Within seventy-two hours of admission, the minor patient shall be independently examined by the coroner or his deputy who shall execute an emergency certificate pursuant to Article 1422, which shall be a necessary precondition to the person's continued confinement.
C. However, in the event that the coroner has made the initial examination and executed the first emergency commitment certificate, then a second examination shall be made within the seventy-two hour period set forth in this Article by any physician at the treatment facility where the minor patient is confined.
D. If from his examination the coroner concludes that the minor is not a proper subject for emergency admission, then the minor shall not be further detained in the treatment facility and shall be discharged by the director forthwith.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2012, No. 489, §1.
2023 Louisiana Laws › Children's Code › Art. 1424. Coroner; fees; records

Art. 1424. Coroner; fees; records
A. In making either the initial examination or the second examination, when the coroner or his deputy examines the patient and executes an emergency certificate and a reexamination of the minor and reexecution of a certificate is necessary for any reason to insure the validity of the certificate, both the first examiner and the reexaminer shall be entitled to a fee for the service, unless they are one and the same.
B. When a minor patient is confined in a treatment facility other than a state mental institution, the examining coroner in the parish where the minor is confined shall be entitled to the usual fee paid for this service to the coroner of the parish in which the patient is domiciled or residing.
C. When a minor patient is confined in a state mental institution in a parish other than his parish of domicile or residence, the examining coroner shall be entitled to the fee authorized by law in his parish for the service.
D. In either case, the fee shall be paid and accurate records of such payments kept by the governing authority of the parish in which the minor patient is domiciled or residing from parish funds designated for the purpose of payment to the coroner.
E. All coroners shall keep accurate records showing the number of patients confined in their parishes pursuant to this Article.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1426. Right to hearing

Art. 1426. Right to hearing
A. Prior to or during confinement under the provisions of this Title, any minor or his attorney shall have the right to demand a judicial hearing to determine if probable cause exists for his continued confinement under an emergency certificate.
B. The hearing shall be held within five days of the filing of the petition.
C. Pending the decision of the court, the minor patient shall remain confined unless the court orders release or a less restrictive status.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1427. Authority to transport and detain

Art. 1427. Authority to transport and detain
A. An emergency certificate shall constitute legal authority to transport a patient to a treatment facility and shall permit the director of such treatment facility to detain the minor patient for diagnosis and treatment for a period not to exceed fifteen days, and to return him to the facility if he is absent with or without permission during authorized periods of detention.
B. If necessary, peace officers shall apprehend and transport, or ambulance services, under appropriate circumstances, may locate and transport a minor patient on whom an emergency certificate has been completed to a treatment facility at the request of either the director of the facility, the certifying physician, the minor's next of kin or tutor, or the agency legally responsible for his welfare.
C.(1) In addition to other persons authorized by this Article to transport to a treatment facility a child in whose name an emergency certificate has been issued, any of the following persons may also accompany the child during such transportation:
(a) A parent, including a foster parent, subject to the conditions of Subparagraph (2) of this Paragraph.
(b) A legal guardian.
(c) A Department of Children and Family Services case worker.
(2) A biological parent of a child in foster care shall accompany the child only if approved by the Department of Children and Family Services.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2016, No. 642, §1.
2023 Louisiana Laws › Children's Code › Art. 1429. Application for judicial commitment

Art. 1429. Application for judicial commitment
A. If the minor patient admitted to a treatment facility pursuant to this Chapter is a proper candidate for judicial commitment pursuant to Chapter 9 of this Title, the director of the treatment facility, or any interested party, may apply for such commitment under provisions of Chapter 9 of this Title.
B. Such a minor patient, hospitalized on an emergency certificate, for whom a petition for judicial commitment has been filed in court may continue to be detained for a further period on order of the court.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1430. Advice of rights

Art. 1430. Advice of rights
A. Every minor patient admitted by emergency certificate shall be informed in writing at the time of his admission of the procedures of requesting release from the treatment facility, the availability of counsel, information about MHAS, the rights enumerated in Chapter 3 of this Title, and the rules and regulations applicable to or concerning his conduct while a patient is in the treatment facility.
B. If the minor is illiterate or does not read or understand English, appropriate provisions should be made to supply him this information.
C. In addition, a copy of the information mentioned in this Article must be posted in any area where patients are confined and treated.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1431. Coroner's examination; emergency certificate

Art. 1431. Coroner's examination; emergency certificate
A. Upon the request of a credible adult who is financially unable to afford a private physician or who cannot immediately obtain an examination by a physician, the parish coroner may render, or the coroner or a judge of a court of competent jurisdiction may cause to be rendered by a physician, an actual examination of a minor alleged to be mentally ill or suffering from substance abuse and in need of immediate medical treatment because he is dangerous to self or others or gravely disabled. If the coroner is not a physician he may deputize a physician to perform this examination.
B. Failure to render an actual examination prior to execution of the emergency certificate shall be evidence of gross negligence.
C. To accomplish the examination authorized by this Article, if the coroner or the judge is apprehensive that his own safety or that of the deputy or other physician may be endangered thereby, he shall issue a protective custody order pursuant to Chapter 8 of this Title.
D. If the examining physician determines that the provisions of this Article are met, he shall execute an emergency certificate and shall transport or cause to be transported the minor named in the emergency certificate to a treatment facility in accordance with the provisions of Article 1427.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2016, No. 642, §1.
2023 Louisiana Laws › Children's Code › Art. 1433. Protective custody without court order

Art. 1433. Protective custody without court order
A. A peace officer or a peace officer accompanied by an emergency medical service trained technician may take a minor into protective custody and transport him to a treatment facility for a medical evaluation when, as a result of his personal observation, the peace officer or emergency medical service technician has reasonable grounds to believe the minor is a proper subject for involuntary admission to a treatment facility because he is acting in a manner dangerous to himself or dangerous to others, is gravely disabled, and is in need of immediate hospitalization to protect the minor or others from physical harm.
B. The minor may only be transported to one of the following:
(1) A community mental health center.
(2) A public or private general hospital.
(3) A public or private mental hospital.
(4) A detoxification center.
(5) A substance abuse clinic.
(6) A substance abuse inpatient facility.
C. Upon arrival at the treatment facility, the escorting peace officer shall then be relieved of any further responsibility and the minor shall be immediately examined by a physician, preferably a psychiatrist, who shall determine if the minor shall be voluntarily admitted, admitted by emergency certificate, or discharged.
D. In the case of a minor suffering from substance abuse and where any of the facilities stated in Paragraph B of this Article are unavailable, the peace officer and emergency medical service technician may use whatever means or facilities available to protect the health and safety of the minor suffering from substance abuse until such time as any of the above facilities become available. In taking a minor into protective custody, the peace officer and emergency medical service technician may take reasonable steps to protect themselves. A peace officer or emergency medical service technician who acts in compliance with this Article is acting in the course of his official duty and cannot be subjected to criminal or civil liability as a result thereof.
E. Under the provisions of this Article no minor shall be placed in protective custody for a period in excess of seventy-two hours. Any minor placed in protective custody under the provisions of this Article shall be considered as an inmate for maintenance purposes only.
F.(1) Any person removing a minor from a school pursuant to this Article shall provide the following information about the minor to a school administrator:
(a) First and last name.
(b) Address.
(c) Date of birth.
(2) The provisions of this Paragraph shall not apply to an arrest for which there is probable cause.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2022, No. 324, §1.
2023 Louisiana Laws › Children's Code › Art. 1434. Judicial commitment; petition

CHAPTER 9. JUDICIAL COMMITMENT PROCEDURE
Art. 1434. Judicial commitment; petition
A. Any adult may file with the court a petition which asserts his belief that a minor is suffering from mental illness which contributes or causes him to be a danger to himself or others or to be gravely disabled, or is suffering from substance abuse which contributes or causes the minor to be a danger to himself or others or to be gravely disabled, and may thereby request a hearing.
B. The petition shall contain the facts which are the basis of the assertion and provide the minor respondent with adequate notice and knowledge relative to the nature of the proceedings.
C. A petitioner who is unable to afford an attorney may seek the assistance of any legal aid society or similar agency if available.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1435. Filing; venue

Art. 1435. Filing; venue
A. The petition may be filed in the judicial district in which the minor respondent is confined or, if not confined, in the judicial district where he resides or may be found.
B. Before the hearing, the minor respondent may move for a change of venue to the parish of his domicile, which motion shall be granted only for compelling reasons. If the minor respondent is confined to a hospital, the judge of the court where the petition was filed may hold the hearing on such commitment at the treatment facility where he is confined, if in the opinion of at least one of the physicians appointed by the court to examine him, it will be detrimental to the minor's health, welfare, or dignity to travel to the court where the petition was filed.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1436. Hearing; notice

Art. 1436. Hearing; notice
A. Upon the filing of the petition, the court shall assign a time, not later than eighteen calendar days thereafter, shall assign a place for a hearing upon the petition, and shall cause reasonable notice thereof to be given to the minor, his attorney, and the petitioner.
B. The notice shall inform the minor respondent that he has a right to be present at the hearing, that he has a right to counsel, that he, if indigent or otherwise qualified, has the right to have counsel appointed to represent him by the MHAS, and that he has the right to cross examine witnesses testifying at any hearing on such application.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1437. Probable cause; order for examination

Art. 1437. Probable cause; order for examination
A. As soon as practical after the filing of the petition, the court shall review the petition and supporting documents and determine whether there exists probable cause to believe that the minor respondent is suffering from mental illness which contributes or causes him to be a danger to himself or others, or to be gravely disabled, or is suffering from substance abuse which contributes or causes him to be a danger to himself or others or to be gravely disabled.
B. If the court determines that probable cause exists, the court may appoint the minor respondent's treating physician if available or, if none, then another physician, preferably a psychiatrist, to examine the minor and make a written report to the court and respondent's attorney on the form provided by the office of behavioral health of the Louisiana Department of Health.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2013, No. 220, §25, eff. June 11, 2013.
2023 Louisiana Laws › Children's Code › Art. 1438. Report of examination

Art. 1438. Report of examination
A. Any report ordered pursuant to Article 1437 shall set forth specifically the objective factors leading to the conclusion that the minor has a mental illness or suffers from substance abuse, the actions or statements by the person leading to the conclusion that the mental illness or substance abuse causes the minor to be dangerous to himself or others or to be gravely disabled and in need of immediate treatment as a result of such illness or abuse, and why involuntary confinement and treatment are indicated.
B. The following criteria should be considered by the physician:
(1) The minor is suffering from serious mental illness which contributes or causes him to be dangerous to himself or others or to be gravely disabled or from substance abuse which contributes or causes him to be dangerous to himself or others or to be gravely disabled.
(2) The minor's condition is likely to deteriorate needlessly unless he is provided appropriate medical treatment.
(3) The minor's condition is likely to improve if he is provided appropriate medical treatment.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1439. Independent examination

Art. 1439. Independent examination
A. The minor respondent or his attorney shall have the right to seek an additional independent medical opinion, when necessary, in their discretion.
B. If the respondent is indigent, this opinion may be paid for by the MHAS, upon the approval of its executive director.
C. Reasonable compensation of the appointed examining physicians and all court costs shall be established by the court and ordered paid by the minor respondent or the petitioner in the discretion of the court. If it is determined by the court that the costs shall not be borne by the minor respondent or the petitioner, then compensation to the physicians and all court costs shall be paid from funds appropriated to the judiciary, but such court costs shall not exceed the sum of seventy-five dollars.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1440. Order for custody and detention

Art. 1440. Order for custody and detention
A. If the minor respondent refuses to be examined by the court appointed physician as herein provided or if the judge, after reviewing the petition and an affidavit filed pursuant to Article 1432, the report of the treating physician, or the court-appointed physician, finds that the minor is mentally ill or suffering from substance abuse and is in need of immediate hospitalization to protect himself or others from physical harm, or that the minor respondent's condition may be markedly worsened by delay, then the court may issue a court order for custody of the minor and a peace officer shall deliver him to a treatment facility designated by the court.
B. The court shall also issue an order to the treatment facility authorizing detention of the minor until the commitment hearing is completed, unless he is discharged by the director.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1441. Placement pending hearing

Art. 1441. Placement pending hearing
A. Unless the minor is currently hospitalized or under an emergency certificate, he shall be allowed to remain in his home or other place of residence pending an ordered examination and to return to his home or other place of residence upon completion of the examination.
B. An examining physician may execute an emergency certificate pursuant to Article 1422 if he deems that action appropriate. In such a case, the respondent shall be admitted pursuant to Article 1420 pending the hearing on the petition.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1442. Right to counsel

Art. 1442. Right to counsel
A. The court shall provide the minor respondent a reasonable opportunity to select his own counsel. In the event he does not select counsel and is unable to pay for counsel or in the event counsel selected by him refuses to represent said minor or is not available for such representation, then the court shall appoint counsel for him provided by the MHAS.
B. Reasonable compensation of appointed counsel shall be established by the court and may be ordered paid by the minor respondent or petitioner in the discretion of the court if either is found financially capable. If it is determined by the court that the costs shall not be borne by the respondent or the petitioner, then compensation to the attorney shall be paid from funds appropriated to the judiciary.
C. The minor respondent shall have the right to privately retained and paid counsel at any time. However, all minor respondents must be represented by counsel as early as possible in every proceeding. If attorneys are available through the MHAS, the court shall contact the MHAS and request the assignment of an attorney who will be appointed.
D. In cases where the service is unable to provide representation, the court shall select and appoint an attorney to represent the minor respondent, whose fee shall be set by the court.
E. An attorney appointed by a court to represent a minor respondent pursuant to this Chapter has a continuing duty toward that minor even after admission. That duty shall include but not be limited to follow-up investigation of the circumstances of the person and representation in subsequent proceedings relating to admission, status, and discharge. The duty shall continue until it is terminated by the court making the appointment.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1445. Order of hearing

Art. 1445. Order of hearing
A. Witnesses and evidence tending to show that the minor who is the subject of the petition is a proper subject for judicial commitment shall be presented first.
B. The minor respondent or his counsel shall have the right to present evidence and cross-examine witnesses who may testify at the hearing.
C. If the minor respondent or his attorney notified the court not less than three days before the hearing that he wishes to cross-examine the examining physicians, the court shall order such physicians to appear in person or by deposition.
D. If the minor respondent is present at the hearing and is medicated, the court shall be informed of the medication and its common effects.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1446. Record; transcription

Art. 1446. Record; transcription
A. The court shall cause a recording of the testimony of the hearing to be made, which shall be transcribed only in the event of an appeal from the judgment.
B. A copy of such transcript shall be furnished without charge, to any appellant whom the court finds unable to pay for the same.
C. The cost of such transcript shall be paid from funds appropriated to the judicial department.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1447. Burden of proof; order

Art. 1447. Burden of proof; order
A. If the court finds by clear and convincing evidence that the minor respondent is dangerous to himself or others or is gravely disabled as a result of substance abuse or mental illness, it shall render a judgment for his commitment to a designated treatment facility which is medically suitable and least restrictive of his liberty.
B. The court order shall order a suitable person to convey the minor to the treatment facility and deliver respondent, together with a copy of the judgment and certificates, to the director.
C. In appointing a person to execute the order, the court should give preference to a near relative or friend of the minor.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1448. Discharge; revocation

Art. 1448. Discharge; revocation
A. The director shall notify the court in writing when a minor patient has been discharged or conditionally discharged.
B. The court may, if it finds it to be in the best interests of the minor, revoke the certificate or judgment of commitment.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1449. Notice of court action

Art. 1449. Notice of court action
Notice of any action taken by the court shall be given to the minor respondent and his attorney as well as to the director of the designated treatment facility in such manner as the court concludes would be appropriate under the circumstances.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1450. Advisement of rights

Art. 1450. Advisement of rights
A. Every minor patient admitted by judicial commitment shall be informed in writing at the time of his admission of the procedures for requesting release from the treatment facility, the availability of counsel, information about the MHAS, the rights enumerated in Article 1409, and the rules and regulations applicable to or concerning his conduct while a patient in the treatment facility.
B. If the minor patient is illiterate or does not read or understand English, appropriate provisions should be made to supply him this information.
C. In addition, a copy of the information listed in this Article must be posted in any area where patients are confined and treated.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1451. Conversion to voluntary status

Art. 1451. Conversion to voluntary status
A. No director of a treatment facility shall prohibit any minor with mental illness or minor suffering from substance abuse from applying for conversion of involuntary or emergency admission status to voluntary admission status.
B. Any minor patient on an involuntary admission status shall have the right to apply for a writ of habeas corpus to have his admission status changed to voluntary status.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
2023 Louisiana Laws › Children's Code › Art. 1452. Mandatory review of commitments

Art. 1452. Mandatory review of commitments
A. All judicial commitments, except those for alcoholism, shall be reviewed by the court issuing the order for commitment every ninety days.
B. A commitment for alcoholism shall expire after forty-five days and the minor patient, if not converted to a voluntary status, shall be discharged, unless the court, upon application by the director of the treatment facility, finds that continued involuntary treatment is necessary and orders the minor patient recommitted for a period not to exceed sixty days; provided, that not more than two such sixty-day recommitments may be ordered in connection with the same continuous confinement.
C. All judicial commitments involving a minor patient who has been found not guilty by reason of insanity or who has been found to lack the capacity to proceed, shall be reviewed in the manner as set forth in Title VIII.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1997, No. 985, §2.
2023 Louisiana Laws › Children's Code › Art. 1453. Reports to court

Art. 1453. Reports to court
A. The director of the treatment facility to which the minor has been judicially committed shall issue reports to the court at the intervals provided in Article 1452, setting forth the minor patient's response to the treatment, his current condition, and the reasons why continued involuntary treatment is necessary to improve his condition or to prevent it from deteriorating.
B. These reports shall be treated by the court as confidential and shall not be available for public examination, nor shall they be subject to discovery in any proceedings other than those initiated pursuant to this Title.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1454. Hearing to determine continued involuntary commitment

Art. 1454. Hearing to determine continued involuntary commitment
A. The court may at any time upon application or upon its own motion order a new hearing to be held in order to determine whether the involuntary status of the minor patient should be continued.
B. Minor patients committed judicially shall have their cases reviewed in a hearing every one hundred twenty days.
C. The review hearing shall be conducted according to the procedures and standards set forth in this Chapter and may be held by the juvenile court in the parish in which the minor patient is being confined or, if not confined, by the juvenile court in the parish in which he resides or may be found. The hearing shall not be transferred to another district except for good cause shown.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1997, No. 985, §2.
2023 Louisiana Laws › Children's Code › Art. 1455. Discretion of director

Art. 1455. Discretion of director
A. Notwithstanding an order of judicial commitment, the director of the treatment facility to which the minor patient is committed is encouraged to explore treatment measures that are medically appropriate and less restrictive.
B. The director may at any time convert an involuntary commitment to a voluntary one should he deem that action medically appropriate. He shall inform the court of any action in that regard.
C. The director may discharge any minor patient if in his opinion discharge is appropriate. The director shall not be legally responsible to any person for the subsequent acts of behavior of a patient discharged in good faith.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1456. Appeal; writs

Art. 1456. Appeal; writs
A. A minor who is judicially committed shall be allowed to appeal devolutively from the order to the court of appeal. If the lower court finds the minor indigent, it shall allow the appeal to be taken in forma pauperis.
B. Upon perfection of an appeal, it shall be heard in a summary manner, taking preference over all other cases except similar matters.
C. Upon affirmation of the order of commitment, the minor may apply for appropriate writs from the supreme court which shall be heard in a summary manner.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1458. Conditional discharge

Art. 1458. Conditional discharge
A. A minor who is judicially committed as a result of mental illness may be conditionally discharged for a period of up to one hundred twenty days by the director or by the court during which time the judicial commitment of the minor shall remain in effect. The minor patient may be required to report for outpatient treatment as a condition of his release. The terms and conditions of the conditional discharge shall be specifically set forth in writing and signed by the minor patient. A copy of the conditional discharge shall be given to him and explained to him before he is discharged.
B. If the minor patient is conditionally discharged by the director, a copy of the conditional discharge shall be sent to the court which judicially committed him. If the minor patient is conditionally discharged by the court, a copy of the conditional discharge shall be sent to the facility to which he has been committed.
C. If a minor patient does not comply with the terms and conditions of his conditional discharge, he is subject to any of the procedures for involuntary treatment, including but not limited to the issuance of an order for custody and the execution of an emergency certificate. A conditionally discharged minor patient who is confined pursuant to any of these involuntary procedures shall have all rights of an involuntary patient, including the right to demand a probable cause hearing, the right to periodic reports and review, and a review hearing pursuant to Article 1454.
D. An extension of a conditional discharge may be granted upon application by the director of the treatment facility to the court and notification to the minor's counsel of record. The court may grant the extension of the conditional discharge for an additional period of up to one hundred twenty days. No further extension may be made without a contradictory hearing. The burden of proof is on the director of the treatment facility to show why continued treatment is necessary.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1997, No. 985, §2.
2023 Louisiana Laws › Children's Code › Art. 1459. Review by MHAS

Art. 1459. Review by MHAS
All minor patients presently unrepresented by privately retained counsel and who are the subject of involuntary commitment under any prior statute shall have their cases reviewed by attorneys provided by the MHAS within one year from the effective date of this Code, or be discharged or be committed again according to the provisions of this Chapter.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1460. Parental admission of minor; objection request for discharge

CHAPTER 10. PARENTAL ADMISSION
Art. 1460. Parental admission of minor; objection request for discharge
A. Any minor may be admitted to a treatment facility for inpatient care and treatment upon application of a parent, tutor, or, in the absence of a parent or tutor, of a caretaker to the director of a treatment facility if the director finds that the minor has a mental illness or suffers from substance abuse which has a substantial adverse effect on his ability to function and requires care and treatment in an institution. Within twenty-four hours of admission, the minor shall be examined by a physician who shall set forth in detail in the patient's medical record the reasons for the continued need of confinement and treatment of the minor. The parent, tutor, or caretaker may request the minor's discharge pursuant to the provisions of Paragraph C.
B. A minor who is eligible for admission pursuant to Paragraph A of this Article and who is in such a condition that immediate hospitalization is necessary may be admitted upon the application of any interested adult, when after diligent effort the minor's parent, tutor, or caretaker cannot be located. Following the admission of the minor, the director of the treatment facility shall continue efforts to locate the minor's parent, tutor, or caretaker. If such person is located and consents in writing to the admission, the minor may continue to be hospitalized. However, upon notification of the admission, the parent, tutor, or caretaker, may request the minor's discharge pursuant to the provisions of Paragraph C.
C. Upon receipt of a request for discharge, the director of the treatment facility shall release such minor within seventy-two hours unless proceedings are begun pursuant to Chapter 7 or 9 of this Title.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
2023 Louisiana Laws › Children's Code › Art. 1461. Advice of rights

Art. 1461. Advice of rights
A. On admission to a treatment facility, the minor and the minor's parent, tutor, or caretaker, if the minor is admitted pursuant to Article 1460, shall be informed in writing of the procedures for requesting release and of the availability of counsel, information about the MHAS, the rights enumerated in Article 1409, and the rules and regulations applicable to or concerning his conduct while a patient in the program or facility.
B. This information shall also be prominently posted in any area where the patient is to be confined or treated.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1997, No. 612, §3.