reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Children's Code › Art. 907. Permanency planning for children committed to the Department of Public Safety and Corrections

Art. 907. Permanency planning for children committed to the Department of Public Safety and Corrections
If the Department of Public Safety and Corrections makes a placement of a child committed to its legal custody in a foster home or child care institution for which the department claims funding under 42 U.S.C. §672(c), it shall be subject to the permanency planning requirements of Chapters 13, 15, and 16 of Title VI, except that the time limitations for the preparation of case plans, and administrative and judicial reviews shall date from the time when such an initial placement is made.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 908. Care and treatment by department

Art. 908. Care and treatment by department
A. Notwithstanding any other provisions of law to the contrary, the Department of Public Safety and Corrections, office of juvenile justice, shall have sole authority over the placement, care, treatment, or any other considerations deemed necessary from the resources that are available for children judicially committed to the department.
B. When care and treatment are to be provided by the department, either through facilities and programs operated by it or through contractual arrangements or through purchase of service arrangements for which the department provides funding, the child shall be committed to the department rather than to a particular institution or facility.
C. At least six months prior to the release of the child, the department shall prepare a written, individualized, and thorough transitional plan developed in collaboration with the child and any agency or department assuming his custody, care, or responsibility.
(1) The plan shall identify the programs, services, and facilities that will be used to assist the child in achieving a successful release from the department's custody.
(2) A copy of the transitional plan shall be provided to the court, counsel for the child, and the district attorney.
(3) The transitional plan shall address the needs of the child, including but not limited to education, health, permanent connections, living arrangements, independent living skills, and employment.
(4) The department shall ensure that all records in its files relevant to securing needed services in the community in which the child will live shall be immediately transmitted to the appropriate service provider.
D. The court shall not divide legal and physical custody of a child when assigning custody to the department in accordance with this Article or in accordance with any other statute or provision of law.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2012, No. 730, §1; Acts 2016, No. 500, §1.
2023 Louisiana Laws › Children's Code › Art. 908.1. AIDS and sexually transmitted diseases; victim's testing and services

Art. 908.1. AIDS and sexually transmitted diseases; victim's testing and services
When a juvenile is adjudicated a delinquent for a sexual offense as defined in R.S. 14:42 through 43.4, the provisions of R.S. 15:535(C) and (D) shall apply.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2008, No. 678, §2.
2023 Louisiana Laws › Children's Code › Art. 909. Modification authority; in general

CHAPTER 17. MODIFICATION OF DISPOSITION
Art. 909. Modification authority; in general
Except as provided for in Article 897.1, after the entry of any order of disposition, the court retains the power to modify it, including changing the child's legal custody, suspending all or part of any order of commitment, discharging conditions of probation, or adding any further condition authorized by Article 897(B) or 899(B). It may also terminate an order of disposition at any time while it is still in force.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 430, §2.
2023 Louisiana Laws › Children's Code › Art. 910. Modification procedure; generally applicable

Art. 910. Modification procedure; generally applicable
A. Except as specially provided in Articles 911 through 916, a motion for modification may be filed by the district attorney, the child, his parents, the custodian of the child, a probation officer, or the court. A motion for modification shall be in writing and shall set forth in plain and concise terms the facts supporting the modification. A motion for modification shall be served upon all parties at least three days prior to the hearing unless waived by the parties.
B. Any motion for modification may be denied without a hearing.
C. Except as provided by Paragraph B of this Article, a motion for modification shall be tried at a contradictory hearing unless waived by the parties.
D. A judgment of disposition shall not be modified to release a child from the custody of a public or private mental institution or an institution for persons with mental illness without three days prior notice to the district attorney and the institution.
E. If a judgment of disposition is modified, a copy of the minute entry reflecting the modification shall be served upon the district attorney, the child, his parent, and any person, institution, or agency to whom custody of the child is assigned.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014; Acts 2018, No. 467, §2; Acts 2020, No. 106, §1.
2023 Louisiana Laws › Children's Code › Art. 911. Modification of dispositions while in custody of the Department of Public Safety and Corrections

Art. 911. Modification of dispositions while in custody of the Department of Public Safety and Corrections
A. A motion filed by the Department of Public Safety and Corrections seeking the release of a child from its custody shall be tried contradictorily against the district attorney, unless the district attorney files in the record an affidavit averring no opposition to the motion.
B. A judgment of disposition shall not be modified to release a child from the custody of the Department of Public Safety and Corrections unless three days' prior notice is given to the district attorney and to the Department of Public Safety and Corrections.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2018, No. 321, §1.
2023 Louisiana Laws › Children's Code › Art. 912. Resolution of grievances while under an order of commitment

Art. 912. Resolution of grievances while under an order of commitment
A. When committed to the custody of the department of Public Safety and Corrections, a child shall have the right to file a grievance concerning his care, custody, and control and have it resolved pursuant to Louisiana Administrative Code, Section 22:I:325, the administrative remedy procedure.
B. Upon exhausting his administrative remedies, any child who is still aggrieved by an adverse decision by the department may seek judicial review of that decision by applying, within thirty days after receipt of the department's decision, to the juvenile court which entered the order of commitment.
C. If represented by counsel, the application shall be in the form of a petition. If unrepresented, the child may secure court review by writing a letter to the court outlining the facts of his complaint and the steps he had taken to secure administrative redress of his grievance.
D. If the court concludes that all administrative remedies have been exhausted and that the child's grievance appears to have merit, it shall proceed to schedule a contradictory hearing to resolve the grievance.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 913. Revocation of probation; procedure; evidence

Art. 913. Revocation of probation; procedure; evidence
A. A motion filed to revoke a child's probation shall be accompanied by a supporting affidavit specifying the claimed violations which form the basis of the revocation. The child shall be entitled to a copy of the motion and supporting affidavit.
B. Unless the child waives his right, the court shall conduct a contradictory hearing. At this hearing, the child shall be entitled to:
(1) The right to confront and cross-examine adverse witnesses.
(2) The right to appear in person and to present witnesses in his own behalf.
(3) The right to have the state bear the burden of providing by clear and convincing evidence that he violated a condition of his probation which was contained in the order of disposition.
C. The hearing may be more informal and summary than an adjudication hearing. Consistent with the child's constitutional rights and the burdens upon the prosecution which full compliance with the Code of Evidence might otherwise entail, the court shall have discretion in the receipt and consideration of proffered evidence.
D. An order revoking probation shall comply with the requirements of Article 903.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1995, No. 1158, §1.
2023 Louisiana Laws › Children's Code › Art. 914. Probation violation; sanctions including revocation

Art. 914. Probation violation; sanctions including revocation
A. Except as provided in Paragraph B of this Article, if the court finds that the child has violated a condition of his probation, it may, consistent with the best interests of the child and the public, do any of the following:
(1) Reprimand and warn the child.
(2) Order that supervision be intensified.
(3) Impose additional conditions to the probation.
(4) Extend the period of probation, provided the total amount of time served by the child on probation for any one offense shall not exceed the maximum period of probation authorized by Articles 898 and 900.
(5) Order that probation be revoked and execute the suspended sentence.
B. If the probation violation is the illegal or unlawful possession of a firearm, probation revocation is mandatory, and the child shall be committed to the custody of the Department of Public Safety and Corrections.
C. For repeated violations of a judgment of disposition, the court may also find the child in direct or constructive contempt of court and commit him to a juvenile detention center or other licensed facility, provided that the child shall not be physically housed in the same dormitory, room, or area used to house children adjudicated delinquent for behavior other than direct or constructive contempt.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 915. Probation revocation; limitations upon restraint

Art. 915. Probation revocation; limitations upon restraint
A. When revoking a previous order of probation, the court may reinstate the original suspended or deferred disposition order and commit the child to the Department of Public Safety and Corrections for the term of that order, with credit for any time served in secure detention prior to the revocation hearing and with or without credit for time served on probation, in the discretion of the court. In no event shall the term of commitment exceed the maximum term of imprisonment for the offense forming the basis for the original adjudication.
B. When finding a child in direct or constructive contempt of court, commitment for each contempt shall not exceed fifteen days, including time spent in detention for the contempt prior to adjudication for contempt.
C. When the conduct alleged as the basis for probation revocation also constitutes a delinquent act, a petition shall be filed and an adjudication hearing scheduled for resolution of the new offense. If the child is adjudicated delinquent on the new petition, the order of disposition may include any sanction authorized by this Title as well as the revocation of the child's probation and imposition of any suspended disposition originally ordered.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
2023 Louisiana Laws › Children's Code › Art. 916. Modification of a mental health commitment

Art. 916. Modification of a mental health commitment
A. In cases where a child has been committed to the Louisiana Department of Health, office of behavioral health, or private mental institution, or an institution for persons with mental illness, the court may also modify the judgment on motion of the department or superintendent of a private mental institution.
B. In cases in which a child has been adjudicated a delinquent, a judgment of disposition shall not be modified to release a child from the custody of the Louisiana Department of Health, office of behavioral health, or private mental institution or an institution for persons with mental illness without three days prior notice to the district attorney and the department or other institution.
C. Notwithstanding any provisions of law to the contrary, in cases in which a child has not been adjudicated a delinquent and has been found to be insane at the time of the offense, a child shall not be released from the custody of the Louisiana Department of Health, office of behavioral health, or private mental institution, or an institution for persons with mental illness except upon order of the court after motion and contradictory hearing.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2014, No. 811, §33, eff. June 23, 2014.
2023 Louisiana Laws › Children's Code › Art. 917. Expungement and sealing; generally

CHAPTER 18. EXPUNGEMENT
Art. 917. Expungement and sealing; generally
This Chapter provides the exclusive procedure by which records and reports of proceedings under Title VIII of this Code may be expunged and sealed.
Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
2023 Louisiana Laws › Children's Code › Art. 918. Grounds

Art. 918. Grounds
A. Records and reports of a delinquency matter that did not result in adjudication and records concerning delinquency adjudications for R.S. 14:82, 83.3, 83.4, 89, or 89.2 may be expunged and sealed at any time.
B. Records and reports of a matter that resulted in a finding of Families in Need of Services or an adjudication for any charge other than murder, manslaughter, an offense requiring registration as a sex offender under R.S. 15:542, kidnapping, or armed robbery shall be expunged and sealed only if the court exercising juvenile jurisdiction has ceased to exercise jurisdiction in accordance with Article 313.
C. Records concerning conduct or conditions that resulted in a delinquency adjudication may be expunged and sealed only if all of the following circumstances exist:
(1) The person seeking expungement and sealing has no criminal court felony convictions and no criminal court convictions for misdemeanors against a person involving a firearm.
(2) The person seeking expungement and sealing has no pending indictment or bill of information.
D. If the adjudication was for murder, manslaughter, a sex offense requiring registration under R.S. 15:542, kidnapping, or armed robbery, the child may petition the court for an expungement of his juvenile record when the court has ceased to exercise jurisdiction in accordance with Article 313 and all of the following conditions are met:
(1) Five or more years have elapsed since the person seeking expungement and sealing satisfied the most recent judgment against him.
(2) The person seeking expungement and sealing has no criminal court felony convictions and no criminal court convictions for misdemeanors against a person involving a firearm.
(3) The person seeking expungement and sealing has no pending indictment or bill of information.
Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2012, No. 446, §6; Acts 2017, No. 362, §1.
2023 Louisiana Laws › Children's Code › Art. 919. Procedure for expungement and sealing; motions; order

Art. 919. Procedure for expungement and sealing; motions; order
A. A person may move for the expungement and sealing of his records and reports.
B. The motion for expungement and sealing shall be substantially in the form provided in Article 925 and shall state facts that constitute grounds for expungement and sealing under Article 918.
C. The motion for expungement and sealing shall be filed with the court possessing the records and reports, or with the court exercising juvenile jurisdiction over the arresting agency.
D. The motion shall be served personally or by domiciliary service, or by United States mail or electronic means, on the district attorney, the clerk of the court whose records and reports are sought to be expunged and sealed, and the head of any agency whose records and reports are sought to be expunged and sealed, including but not limited to the Federal Bureau of Investigation, the Louisiana Bureau of Criminal Identification and Information, the Department of Public Safety and Corrections, office of juvenile justice, and local law enforcement agencies.
E. Any person or agency that objects to the granting of the motion for a matter that resulted in a delinquency adjudication for a misdemeanor offense or for a felony offense shall file an affidavit of response in the form provided in Article 926, and a contradictory hearing shall be conducted with the district attorney and any agency whose records and reports are sought to be expunged and sealed.
F. If the court finds that the grounds have been established and that the person is entitled to expungement and sealing, the court shall order expungement and sealing.
Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
2023 Louisiana Laws › Children's Code › Art. 920. Order of expungement and sealing; court records

Art. 920. Order of expungement and sealing; court records
A. An order for the expungement and sealing of juvenile court records and reports shall be in the form provided in Article 925 and, except as otherwise provided by law, shall require that the clerk of court expunge and seal all records and reports relating to the conduct or conditions referred to in the motion for expungement and sealing, including pleadings, exhibits, reports, minute entries, correspondence, and all other documents.
B. References, documents, recordings, or other materials shall be expunged and sealed. Under no circumstances may any expunged and sealed information be released.
C. The court may maintain a confidential record, such as a minute entry, of the fact of an adjudication. This information may be released only upon written motion of a court exercising criminal jurisdiction over the person whose record is sought and then only for the purposes authorized by the Code of Criminal Procedure.
Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
2023 Louisiana Laws › Children's Code › Art. 921. Order of expungement and sealing; agency records

Art. 921. Order of expungement and sealing; agency records
A. An order for the expungement and sealing of juvenile records and reports shall be in the form provided in Article 925 and shall require that both of the following occur:
(1) Except as otherwise provided by law, all officials, agencies, institutions, boards, systems, and law enforcement offices, and their employees, agents, and consultants, expunge and seal all records and reports, in any form, and any other photographic, fingerprint, DNA, or any other information of any kind and all kinds or descriptions relating to the conduct or conditions referred to in the motion for expungement and sealing.
(2) All agencies and law enforcement offices file with the court an affidavit to the effect that such records and reports have been expunged and sealed and that no notation or references have been retained in any central depository which will or might lead to the inference that any record or report ever was on file with that agency or law enforcement office. A copy of the affidavit of expungement and sealing shall be retained by the court.
B. The order shall state that the expungement and sealing is to be effected no later than thirty days from the date of the order. The order shall also specify the limitations on information that may be maintained in accordance with this Article.
C. An order for expungement and sealing shall be served in the manner provided for service of the motion on both the district attorney and the head of each agency whose records or reports are to be expunged and sealed.
D. A copy of the order of expungement and sealing may be maintained by the custodian of records and reports of the agency or office. However, the custodian shall not disclose to anyone the fact that such order is maintained or that the expunged and sealed records or reports previously existed except upon written order of the court.
Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
2023 Louisiana Laws › Children's Code › Art. 922. Expungement and sealing order; effect

Art. 922. Expungement and sealing order; effect
A. Except for the limited purposes stated in Articles 920 and 921, upon an order of expungement and sealing, the records and reports expunged and sealed and the underlying conduct and conditions are considered nonexistent and shall not be made available to any person. No person whose juvenile records and reports have been expunged and sealed shall be required to disclose to any person that he was arrested or adjudicated or that the records and reports of arrest or adjudication have been expunged and sealed.
B. A child that is the subject of an expunged record or the child's parent shall not be found guilty of perjury or otherwise giving false statements by reason of the child's failure to recite or acknowledge his expunged record in response to any inquiry made of the child or the child's parent for any purpose. However, if the child is a witness in a criminal or juvenile delinquency matter, the child may be ordered to testify regarding his expunged record.
Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
2023 Louisiana Laws › Children's Code › Art. 923. Expungement and sealing of adjudications involving human trafficking victims

Art. 923. Expungement and sealing of adjudications involving human trafficking victims
A. A motion to set aside an adjudication pursuant to the provisions of this Article, may be filed and served upon the district attorney at any time following an adjudication of delinquency and completion of the disposition relating thereto involving the offenses of prostitution pursuant to R.S. 14:82, prostitution by massage pursuant to R.S. 14:83.3 or 83.4, or crime against nature by solicitation pursuant to R.S. 14:89.2 when the child's participation in the offense was a result of having been a victim of human trafficking under R.S. 14:46.2 or a victim of a severe form of trafficking under the federal Trafficking Victims Protection Act (22 U.S.C. 7101 et seq.).
B. The motion shall be in writing, shall describe the supporting evidence with particularity, and shall include copies of any documents showing that the child is entitled to relief under this Article.
C. The motion shall not be denied without a contradictory hearing unless it appears on the face of the motion that, as a matter of law, the child is not entitled to the relief sought.
D. The court shall grant the motion if the court finds by a preponderance of the evidence that the violation was a result of the child having been a victim of human trafficking. Documentation of a child's status as a victim of human trafficking provided by a federal, state, or local government agency shall create a presumption that the child's adjudication was obtained as a result of having been a victim of human trafficking. However, such documentation shall not be required to grant a motion under this Article.
E. If the motion is granted, the court shall order the expungement and sealing of the record and report of the juvenile proceedings including all records and files related to the child's arrest, citation, investigation, charge, delinquency proceedings, adjudication, and probation for the offense.
Acts 2013, No. 429, §3, eff. June 24, 2013; Acts 2017, No. 362, §1.
2023 Louisiana Laws › Children's Code › Art. 924. Fees

Art. 924. Fees
A. No court costs or fees shall be allowed against any party to a proceeding for an expungement and sealing.
B. The court may waive all or any part of any other fees or costs associated with the expungement and sealing and shall waive those fees and costs upon finding that the applicant is indigent.
C. Notwithstanding any provision of law to the contrary, a child who has successfully completed a juvenile drug court program operated by a court of this state shall be exempt from payment of any processing or filing fees or other costs associated with the expungement and sealing of his related juvenile records and reports.
Acts 2017, No. 362, §1.
2023 Louisiana Laws › Children's Code › Art. 926. Affidavit of response form

Art. 926. Affidavit of response form
The following form shall be used for filing an affidavit of response to a motion for expungement and sealing in accordance with Article 919:
AFFIDAVIT OF RESPONSE
Pursuant to Children's Code Article 919, the Respondent agency or office, ____________________, acknowledges the following:
{ } No Opposition. Respondent has no opposition to the motion and respectfully consents to waiver of the contradictory hearing.
{ } Opposition to the Motion of Expungement and Sealing with Reasons. Respondent respectfully requests a contradictory hearing.
As grounds for its objection, the Respondent asserts as follows:
{ } The court is still exercising jurisdiction.
{ } The adjudicated offense was for murder, manslaughter, an offense requiring registration as a sex offender under R.S. 15:542, kidnapping, or armed robbery and therefore a hearing is required by law.
{ }The adjudication was for a felony offense, and the applicant has an adult felony conviction.
{ }The adjudication was for a felony offense, and the applicant has an adult conviction for a misdemeanor against a person involving a firearm.
{ }The adjudication was for a felony offense, and the applicant has a pending indictment or bill of information filed against him.
Respectfully submitted,
_________________________________________
Name of Respondent/Signature of Attorney
_________________________________________
Address
_________________________________________
City/State/Zip
_________________________________________
Phone
PLEASE SERVE:
Parish of____________________
District Attorney______________
Clerk of Court_____________________
Sheriff______________________
Bureau of Criminal Identification and Information
Attn: Expungements
7919 Independence Blvd.
Baton Rouge, Louisiana 70806
and
_________________________________ ______________________________
Name of Agency Name of Agency
_________________________________ ______________________________
Attn:Attn:
_________________________________ _____________________________
AddressAddress
_________________________________ ______________________________
City/State/Zip City/State/Zip
Acts 2017, No. 362, §1.
2023 Louisiana Laws › Children's Code › Art. 951. Purpose

TITLE IX
TRAFFIC VIOLATIONS
CHAPTER 1. PRELIMINARY PROVISIONS
Art. 951. Purpose
The purpose of this Title is to facilitate and expedite proceedings involving minor traffic offenses. The intent of this Title is to recognize both the state's strong interest in protecting the public safety through the imposition of reasonable regulations on the operation of motor vehicles and the due process rights of children accused of traffic violations.
Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 953. Scope of traffic jurisdiction

CHAPTER 2. TRAFFIC JURISDICTION; CITATION
Art. 953. Scope of traffic jurisdiction
Traffic violation means any violation of a statute or ordinance regulating traffic, except the following criminal offenses:
(1) Vehicular homicide.
(2) Vehicular negligent injuring.
(3) Unauthorized use of a movable.
(4) Operating a vehicle while intoxicated.
(5) Reckless operation of a vehicle.
(6) Hit and run driving.
Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 954. Traffic violations adjudicated on citation; petition not required

Art. 954. Traffic violations adjudicated on citation; petition not required
In cases of traffic violations, a petition is not required. The child may be summoned to appear and the case may be instituted with a uniform traffic citation. The citation shall describe in general terms the nature of the violation. The citation or summons may direct the child to bring a parent with him when he appears.
Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 955. Traffic violations; referral to juvenile traffic referee

CHAPTER 3. JUVENILE TRAFFIC REFEREES
Art. 955. Traffic violations; referral to juvenile traffic referee
The court may, by local rule, refer cases of traffic violations to a juvenile traffic referee for adjudication and disposition.
Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 956. Authority of juvenile traffic referee

Art. 956. Authority of juvenile traffic referee
A. A juvenile traffic referee shall have the authority including but not limited to the following:
(1) To administer oaths.
(2) To compel the attendance of witnesses and issue subpoenas.
(3) To take testimony.
(4) To make a record of the hearing.
B. The referee's exercise of control over traffic proceedings through punishment for contempt of court shall be limited to the following:
(1) The referee may make a recommendation to any judge of the court exercising juvenile jurisdiction that the child be charged with a direct or constructive contempt of court, as otherwise governed by Chapter 2 of Title XV.
(2) Failure to comply with a subpoena, without reasonable excuse, proof of service of which appears of record, constitutes a direct contempt of the court which issued the subpoena. The referee may order the witness attached and brought to court forthwith or on a designated day. If an order of attachment is issued, it may be executed in any parish by the sheriff of the parish from which the attachment was issued, or by the sheriff of the parish where the witness is found.
Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 958. Disposition immediately following adjudication

CHAPTER 5. DISPOSITION
Art. 958. Disposition immediately following adjudication
A. In cases of traffic violations, the court or juvenile traffic referee may dispense with a predisposition investigation and enter a judgment of disposition immediately following adjudication if there is sufficient information in the record to enable the court or referee to determine a fair and just disposition of the case.
B. Judgments of disposition in traffic cases may be evidenced by a minute entry.
Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 959. Disposition of traffic violations

Art. 959. Disposition of traffic violations
If the court or juvenile traffic referee finds that the child committed a traffic violation, the court or referee may:
(1) Suspend the child's driver's license for a specific or indefinite period.
(2) Revoke the child's driver's license.
(3) Restrict the child's driving privileges to driving at specified times, under specified conditions, or for specified purposes.
(4) Order the child to attend traffic school or to receive additional driving instruction.
(5) Order inspection of a motor vehicle and correction of any deficiencies.
(6) Require public liability insurance coverage as a condition of the child's driving.
(7) Impose a fine not exceeding two hundred dollars payable immediately or over a period of time.
(8) Place the child on probation.
(9) Make such other disposition or combination of dispositions as it deems to be in the best interests of the child.
Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 960. Traffic cases heard before juvenile traffic referee; appeal to court

CHAPTER 6. TRAFFIC CASES HEARD BEFORE JUVENILE
TRAFFIC REFEREE; APPEAL TO COURT
Art. 960. Traffic cases heard before juvenile traffic referee; appeal to court
A. In cases of traffic violations, the child may appeal to the court from a judgment of the juvenile traffic referee. Such an appeal shall be filed within three days of the judgment of disposition.
B. On appeal, the case shall be tried de novo, and there shall be no further appeal.
Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1001. Purpose

TITLE X
JUDICIAL CERTIFICATION OF CHILDREN FOR ADOPTION
CHAPTER 1. PRELIMINARY PROVISIONS; DEFINITIONS
Art. 1001. Purpose
The purpose of this Title is to protect children whose parents are unwilling or unable to provide safety and care adequate to meet their physical, emotional, and mental health needs, by providing a judicial process for the termination of all parental rights and responsibilities and for the certification of the child for adoption. In all proceedings, the primary concern is to secure the best interest of the child if a ground justifying termination of parental rights is proved. Termination of parental rights is to be considered the first step toward permanent placement of the child in a safe and suitable home, and if at all possible, to achieve the child's adoption. The procedural provisions of this Title shall be construed liberally. The proceedings shall be conducted expeditiously to avoid delays in resolving the status of the parent and in achieving permanency for children.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 1999, No. 449, §1, eff. July 1, 1999.
2023 Louisiana Laws › Children's Code › Art. 1001.1. Priority of docketing; adjudication

Art. 1001.1. Priority of docketing; adjudication
Any petition filed and any proceeding held under the provisions of this Title shall be given priority, to the extent practicable, over any other civil action before the court, except emergency proceedings for the protection of the child under Articles 617 through 627, or Domestic Abuse Assistance proceedings under Chapter 8 of Title XV. Any petition filed under the provisions of this Title shall be docketed immediately upon filing, and hearings shall be scheduled for the earliest dates practicable.
Acts 1997, No. 256, §1.
2023 Louisiana Laws › Children's Code › Art. 1004.1. Petition for termination of parental rights; child conceived as a result of a sex offense

Art. 1004.1. Petition for termination of parental rights; child conceived as a result of a sex offense
At any time, including prior to or during an adoption proceeding, when a child is conceived as the result of the conviction or commission of a sex offense as defined in R.S. 15:541, the victim of the sex offense may petition to terminate the rights of the perpetrator of the sex offense. Termination shall result in the loss of all parental rights of the perpetrator regarding the child, including any rights to custody, visitation, and contact, as well as any right to intervene in such action. The termination shall not affect the inheritance rights of the child. The perpetrator shall be cast in judgment for all court costs.
Acts 2023, No. 271, §1, eff. June 9, 2023.
NOTE: Former Ch.C. Art. 1004.1 redesignated as Ch.C. Art. 1004.2 by Acts 2023, No. 271, §1, eff. June 9, 2023.
2023 Louisiana Laws › Children's Code › Art. 1004.2. Termination of rights; children in state custody

Art. 1004.2. Termination of rights; children in state custody
The department shall file and pursue to judgment in the trial court a petition to terminate the parental rights of the parent or parents if the child has been in state custody for seventeen of the last twenty-two months, unless the department has documented in the case plan a compelling reason why filing is not in the best interest of the child.
Acts 1999, No. 544, §1; Redesignated from Ch.C. Art. 1004.1 by Acts 2023, No. 271, §1, eff. June 9, 2023.
2023 Louisiana Laws › Children's Code › Art. 1007. Court records of proceedings

CHAPTER 3. CONFIDENTIALITY OF RECORDS; DUTIES
OF COURT CLERKS; DISCLOSURE PROCEEDINGS
Art. 1007. Court records of proceedings
A. All records and reports which result from proceedings held pursuant to the provisions of this Title are confidential and shall not be disclosed except as otherwise provided by this Chapter, by Chapter 7 of this Title, or as may be necessary to facilitate any order for continued contact as authorized by Article 1037.1.
B. The address and parish of the petitioner and each person on whose behalf the petition for termination of parental rights is filed under the provisions of Article 1015(3) or (9) may remain confidential with the court.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 2016, No. 608, §1.
2023 Louisiana Laws › Children's Code › Art. 1008. Duties of court clerks

Art. 1008. Duties of court clerks
The clerks of the courts having proper jurisdiction over proceedings under this Title shall keep separate indices of all suits filed in accordance with this Title and shall index such suits in the name of the parents and in the name of the child. These records are subject to the confidentiality requirements of this Chapter.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
2023 Louisiana Laws › Children's Code › Art. 1009. Disclosure of information in court records

Art. 1009. Disclosure of information in court records
A. A child whose parent's rights have been terminated and who has not been subsequently adopted may have access to the records of the termination of parental rights action as provided by Chapter 3 of Title IV.
B. A child whose parent's rights have been terminated and who has been subsequently adopted may have access to the records of the termination of parental rights action only as provided by Articles 1010 through 1013.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1.
2023 Louisiana Laws › Children's Code › Art. 1010. Petitions for disclosure

Art. 1010. Petitions for disclosure
The child or if still a minor, his legal representative on his behalf, may file a petition for disclosure of information pertaining to the termination of parental rights proceeding. The action shall be styled: "In re the termination of parental rights to____________________".
Acts 1991, No. 235, §10, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1011. Grounds for disclosure

Art. 1011. Grounds for disclosure
The petition must show compelling necessity overriding the general policy of confidentiality for termination of parental rights records by demonstrating any of the following:
(1) That there are inheritance rights which are or may be due from his biological parents under Civil Code Article 214.
(2) That there is a medical necessity requiring information about his biological family or his own health history in order to treat the petitioner or his descendants.
(3) That both he and a person reasonably believed to be his biological parent have registered with the department pursuant to Chapter 14 of Title XII.
(4) That such information is otherwise required to be disclosed by federal or state law.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
2023 Louisiana Laws › Children's Code › Art. 1012. Authority of the court

Art. 1012. Authority of the court
Upon reviewing a petition for disclosure, the court may deny it for lack of a proper showing of compelling necessity. Before granting a petition, the court may appoint a curator ad hoc and shall set the petition for a hearing.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
2023 Louisiana Laws › Children's Code › Art. 1013. Duties of a curator ad hoc

Art. 1013. Duties of a curator ad hoc
A. Upon appointment, the curator ad hoc shall be responsible for all of the following:
(1) Securing all records pertaining to the petitioner's request through subpoenas duces tecum or other discovery process, if necessary.
(2) Reviewing all records pertaining to the termination of parental rights proceeding.
(3) Reporting to the court any objections to disclosure which he may have received from a custodian of records.
(4) After the records review is completed, recommending the granting or denial of the petitioner's request and particularizing the necessary scope of any disclosure order for the court's consideration.
B. A person proceeding in forma pauperis shall receive the services of the curator ad hoc without having to pay the curator's fees. However, in all cases, the curator shall be entitled to a reasonable fee for his services, and the court shall fix the fee commensurate with the services performed.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
2023 Louisiana Laws › Children's Code › Art. 1014. Orders of disclosure

Art. 1014. Orders of disclosure
After hearing the petitioner, the court may order disclosure. Insofar as possible, an order disclosing information from the court's own records or any records obtained by the curator ad hoc shall contain nonidentifying information about the biological family. If identifying information must be disclosed, the court may release such information to the person requiring it and order that its confidentiality be maintained without disclosure to the petitioner.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1015.1. Grounds; termination of parental rights of perpetrator of a sex offense

Art. 1015.1. Grounds; termination of parental rights of perpetrator of a sex offense
Parental rights of a natural parent may be terminated in cases where there is a conviction or commission of a sex offense as defined in R.S. 15:541 by that natural parent which resulted in the conception of the child.
Acts 2023, No. 271, §1, eff. June 9, 2023.
NOTE: Former Ch.C. Art. 1015.1 redesignated as Ch.C. Art. 1015.2 by Acts 2023, No. 271, §1, eff. June 9, 2023.
2023 Louisiana Laws › Children's Code › Art. 1015.2. Termination of parental rights; certain grounds; costs and fees

Art. 1015.2. Termination of parental rights; certain grounds; costs and fees
A. A petitioner shall not be required to prepay nor be cast with court costs or costs of service or subpoena for the filing of the petition pursuant to Article 1015.1. The clerk of court shall immediately file and process the petition, regardless of the ability of the petitioner to pay court costs.
B. All court costs, attorney fees, costs of enforcement and modification proceedings, costs of appeals, evaluation fees, and expert witness fees incurred in filing, maintaining, or defending any proceeding under Article 1015.1 shall be paid by the perpetrator of the sex offense, including all costs of medical and psychological care for the sexually abused adult, or for the child conceived as a result of the sex offense.
Acts 2016, No. 608, §1; Redesignated from Ch.C. Art. 1015.1 by Acts 2023, No. 271, §1, eff. June 9, 2023.
2023 Louisiana Laws › Children's Code › Art. 1016. Right to counsel

CHAPTER 5. RIGHT TO COUNSEL
Art. 1016. Right to counsel
A.(1) The child and the identified parent shall each have the right to be represented by separate counsel in a termination proceeding brought in accordance with this Title. Neither the child nor anyone purporting to act on behalf of the child may be permitted to waive the child's right to counsel.
(2) For actions brought under Article 1015.1, the court shall have discretion to decide under the circumstances for each case whether to appoint counsel for the child. In no event shall the petitioner of such action or the minor child be required to interact with the respondent as a condition to pursue termination under this Article. Any counsel acting on behalf of the child shall not require a petitioner to make the child available for any visitation or conversation with the respondent or the respondent's family and shall not require any nonoffending petitioner to take classes or provide updates on the child. A petitioner shall have the right to seek an expedited suspensive appeal for any violation of this Article.
B. The court shall appoint the entity designated for the jurisdiction by the Louisiana Supreme Court to provide qualified, independent counsel for the child in such a proceeding.
C. If the court determines that the parent is indigent and unable to employ counsel solely for that reason, the court shall refer the parent for representation by the Indigent Parents' Representation Program.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2004, No. 301, §1, eff. June 18, 2004; Acts 2004, No. 321, §1; Acts 2006, No. 271, §1; Acts 2014, No. 354, §1; Acts 2017, No. 239, §1; Acts 2022, No. 272, §1; Acts 2023, No. 271, §1, eff. June 9, 2023.
2023 Louisiana Laws › Children's Code › Art. 1018. Form of petition

Art. 1018. Form of petition
A. The petition shall contain a caption setting forth the name of the court and the title of the action. The petition shall be entitled, "The State of Louisiana in the Interest of...".
B. Allegations of fact shall be simple, concise, and direct and shall be set forth in numbered paragraphs. As far as practicable, each paragraph shall be limited to a single set of circumstances. Allegations of fact may be made on information and belief.
C. Failure to comply with formal requirements of this Article shall not be grounds for dismissal of a petition or invalidation of the proceedings unless it results in substantial prejudice.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2014, No. 133, §1.
2023 Louisiana Laws › Children's Code › Art. 1019. Contents of the petition

Art. 1019. Contents of the petition
A. The petition shall set forth with specificity:
(1) The name, date, and place of birth, sex, race, and address of the child. If the child is in a foster home, the identification of the parish in which he resides shall suffice for his address.
(2) The name and current address of the child's parents.
(3) The name, age, and sex of any other biological relatives of the child who are currently living with the child in his home.
(4) The name of any public institution or agency having the responsibility or ability to supply services alleged to be needed by the family.
(5) A statement as to whether the petitioner knows or has reason to know that the child is an Indian child and facts that support that statement.
B. If any of the information required by Paragraph A of this Article is unknown, the petition shall so allege. Any defects in the information required by Paragraph A of this Article shall be considered defects of form. The petitioner shall inform the court if he subsequently discovers information indicating that the child is an Indian child.
C. The petition shall allege facts which constitute the grounds necessary for the termination of parental rights as set forth in Article 1015.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 2018, No. 296, §1.
2023 Louisiana Laws › Children's Code › Art. 1019.1. Notice to counsel

Art. 1019.1. Notice to counsel
Upon the filing of the petition, the court shall provide notice and a copy of the petition to the entity designated for the jurisdiction to provide counsel for the child in accordance with Article 607 and to the entity representing indigent parents in accordance with Article 608.
Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 1019.2. Service of petition; parent; child

Art. 1019.2. Service of petition; parent; child
A copy of the petition and the notice of the nature of the hearing and the rights of the parent, as provided for in Article 1020, shall be served, in a sealed envelope, upon every parent of the child. A copy of the petition and the notice of the nature of the hearing shall be served on the child through the entity designated for the jurisdiction to provide counsel for the child.
Acts 2022, No. 272, §1.