reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Children's Code › Art. 106. Number, gender

Art. 106. Number, gender
Unless the context clearly indicates otherwise:
(1) Words used in the singular number apply also to the the plural; words used in the plural number include the singular.
(2) Words used in one gender apply also to the other.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 108. Conjunctive, disjunctive, or both

Art. 108. Conjunctive, disjunctive, or both
Unless the context clearly indicates otherwise:
(1) The word "and" indicates the conjunctive.
(2) The word "or" indicates the disjunctive.
(3) When the Article is phrased in the disjunctive, followed by the words "or both", both the conjunctive and disjunctive are intended.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 110. References to code articles or statutory sections

Art. 110. References to code articles or statutory sections
Unless the context clearly indicates the contrary:
(1) A reference in this Code to a Title, Chapter, or Article without further designation, means a Title, Chapter, or Article of this Code.
(2) A reference in this Code to an Article of a Code or to a statutory section applies to subsequent amendments thereof.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 112. Clerical and typographical errors disregarded

Art. 112. Clerical and typographical errors disregarded
Clerical and typographical errors in this Code shall be disregarded when the legislative intent is clear from the context in which the provision or word is found.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 113. Pleading a statute or ordinance

Art. 113. Pleading a statute or ordinance
In the course of any proceeding under this Code, when pleading a statute of Louisiana or an ordinance of a political subdivision thereof, a statute of another state of the United States, or a federal statute, or a right derived therefrom, it is sufficient to refer to the statute or ordinance by an official method of citation, by its title, or in any other manner which identifies the statute or ordinance. A copy of any ordinance pleaded shall be furnished to the court and filed with the record of the proceeding.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 114. Computation of time

Art. 114. Computation of time
A. In computing a period of time allowed or prescribed by law or by order of court, the date of the act, event, or default after which the period begins to run is not to be included. The last day of the period is to be included, unless it is a legal holiday, in which event the period runs until the end of the next day which is not a legal holiday.
B. A half-holiday is considered as a legal holiday.
C. A legal holiday is to be included in the computation of a period of time allowed or prescribed, except in any one of the following instances:
(1) It is expressly excluded.
(2) It would otherwise be the last day of the period, except that, for purposes of calculating a release date from an order of commitment, a legal holiday shall be included if it is the last day of the period.
(3) The period is less than seven days.
D. All Saturdays and Sundays are also considered as legal holidays.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 115. Oath or affirmation in juvenile proceedings

Art. 115. Oath or affirmation in juvenile proceedings
A. Witnesses shall swear or affirm to speak the truth and nothing but the truth.
B. A child witness need not be placed under oath or be required to make an affirmation if the court can otherwise assure that the child understands his obligation to speak the truth.
Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 301. Definitions

TITLE III
JURISDICTION, GENERAL AUTHORITY, AND APPEALS
CHAPTER 1. DEFINITIONS
Art. 301. Definitions
As used in this Title, "nonmetropolitan area" means a parish whose largest city has a population of fifty thousand or less and where the population of the entire parish is less than one hundred thousand.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2022, No. 271, §6.
2023 Louisiana Laws › Children's Code › Art. 302. Juvenile jurisdiction of courts

CHAPTER 2. JUVENILE JURISDICTION OF COURTS
Art. 302. Juvenile jurisdiction of courts
Juvenile jurisdiction shall be exercised as follows:
(1) Special juvenile courts created by law for Caddo, Orleans, Jefferson, and East Baton Rouge Parishes shall have exclusive original juvenile jurisdiction, and any other jurisdiction conferred by the statute creating them, in the parish or parishes for which they are created. Judges of these courts shall exercise their juvenile jurisdiction according to the provisions of this Code.
(2) District courts, except where a separate juvenile court with exclusive original juvenile jurisdiction is established by law, shall have original juvenile jurisdiction for the parish or parishes within their district.
(3) Parish courts, except where a separate juvenile court with exclusive original juvenile jurisdiction is established by law, shall have original juvenile jurisdiction for their parish. This jurisdiction shall be concurrent with that of the district court.
(4) City courts, except where a separate juvenile court with exclusive original juvenile jurisdiction is established by law, shall have original juvenile jurisdiction for their territorial jurisdiction. This jurisdiction shall be concurrent with that of the district court.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 303. Exclusive jurisdiction over children, youth, and minors; exceptions

CHAPTER 3. JURISDICTION OVER CHILDREN, YOUTH, AND MINORS
Art. 303. Exclusive jurisdiction over children, youth, and minors; exceptions
A court exercising juvenile jurisdiction shall have exclusive original jurisdiction over:
(1) Delinquency proceedings pursuant to Title VIII, except when a child either:
(a) Is subject to the jurisdiction of the criminal courts for prosecution and liability as an adult pursuant to Chapter 4 of this Title.
(b) Has been transferred by the juvenile court for criminal prosecution and liability as an adult pursuant to Chapter 11 of Title VIII.
(2) Child in need of care proceedings pursuant to Title VI.
(3) Families in need of services proceedings pursuant to Title VII.
(4) Traffic proceedings pursuant to Title IX.
(5) Involuntary termination of parental rights proceedings pursuant to Title X.
(6) Voluntary termination of parental rights proceedings pursuant to Title XI.
(7) Adoption proceedings pursuant to Title XI or XII.
(8) Mental health proceedings pursuant to Title XIV.
(9) Any special proceeding authorized by Title XV, except domestic abuse assistance proceedings brought in a district court pursuant to R.S. 46:2131 et seq.
(10) Any proceeding necessary to implement the provisions of interstate compacts affecting children pursuant to Title XVI.
(11) Such other jurisdiction over children as may be provided by law.
(12) Extended foster care proceedings as provided for by R.S. 46:288.1 et seq., to review the written report and make a determination whether it is in the youth's best interest to continue in extended foster care in a voluntary placement. For purposes of this Subparagraph, "youth" shall have the same meaning as provided in R.S. 46:288.2.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2001, No. 567, §1; Acts 2019, No. 400, §1, eff. June 19, 2019.
2023 Louisiana Laws › Children's Code › Art. 304. Transfer of child adjudicated in another state for disposition

Art. 304. Transfer of child adjudicated in another state for disposition
A.(1) Upon request of a court of another state, a court of this state shall accept jurisdiction of a child provided both the following occur:
(a) The child is about to become a resident of or is domiciled in the parish.
(b) The child has been adjudicated in the other state under circumstances which would confer jurisdiction in this state.
(2) The request shall include a certified copy of the judgment of the requesting court and a copy of the record.
B. The order of adjudication of the requesting state is not subject to attack.
C. Within fourteen days of receiving such request, the court shall determine whether the conditions of transfer are met. If the conditions of transfer have not been met, the court shall immediately advise the requesting court in writing. If the conditions of transfer are met, the court shall immediately issue written notice of its intent to accept jurisdiction of the child.
D. Upon receipt of an order of the requesting court transferring jurisdiction of the child, the court shall direct its probation officer or other person to take custody of the child or otherwise provide for his appearance before the court.
E. Upon acceptance, the court shall promptly hold a hearing to determine the proper disposition. The disposition hearing and judgment of disposition shall be in accordance with the provisions of this Code.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 306.1. Transmission of order; transcripts

Art. 306.1. Transmission of order; transcripts
A. If the child has been ordered held for trial as an adult as a result of a continued custody hearing convened pursuant to Article 305(A)(1)(b) or Article 305(B)(1)(b), the court shall transmit the order rendered after the hearing, or a certified copy thereof, without delay, to the clerk of the court having jurisdiction of the offense.
B. Any party may request the court to provide a complete or partial transcript of the testimony of the witnesses; however, neither the record of the hearing nor the reasons for the transfer shall be admissible in evidence in any subsequent criminal proceedings, except for the purpose of impeachment of a witness.
Acts 1992, No. 705, §1, eff. July 6, 1992.
2023 Louisiana Laws › Children's Code › Art. 307. Juvenile jurisdiction over adults in proceedings involving the care, custody, or control of a child

CHAPTER 5. JUVENILE JURISDICTION OVER ADULTS
Art. 307. Juvenile jurisdiction over adults in proceedings involving the care, custody, or control of a child
A. A court exercising juvenile jurisdiction shall have exclusive original jurisdiction over adult parties in the following cases involving the care, custody or control of a child:
(1) Child in need of care proceedings pursuant to Title VI.
(2) Families in need of services proceedings pursuant to Title VII.
(3) Involuntary termination of parental rights proceedings pursuant to Title X.
(4) Voluntary termination of parental rights proceedings pursuant to Title XI.
(5) Adoption proceedings pursuant to Title XII.
(6) Special proceedings pursuant to Title XV.
B. In aid of its jurisdiction over children, a court exercising juvenile jurisdiction shall also have jurisdiction over any natural person who is a parent or caretaker of the child or other adult lawfully before it to secure his full cooperation and assistance in the entire rehabilitative program prescribed by the court for the child, including conditions or incidents of probation, supervision, protection, custody, or release on parole in:
(1) Delinquency proceedings pursuant to Title VIII.
(2) Traffic violation proceedings pursuant to Title IX.
(3) Mental health proceedings pursuant to Title XIV.
(4) Any special proceeding authorized by Title XV.
(5) Any proceeding necessary to implement the provisions of interstate compacts affecting children pursuant to Title XVI.
C. Nothing in this Article shall be construed to deprive other courts of jurisdiction over domestic abuse assistance proceedings brought pursuant to R.S. 46:2131 et seq. or over contempt proceedings.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
2023 Louisiana Laws › Children's Code › Art. 308. Authority of courts to refer child abuse, neglect

Art. 308. Authority of courts to refer child abuse, neglect
A. Whenever any court of this state in the trial of any proceeding has cause to believe that a child's physical or mental health or welfare is endangered by abuse or neglect, it may report and refer the charges to the local child protection unit of the Department of Children and Family Services in accordance with Article 610.
B. If from its investigation the department determines that the report is validated or if it has obtained an instanter order from the juvenile court, it shall file appropriate written notice in the civil proceeding in which the complaint arose. Thereafter, the juvenile court shall have jurisdiction to resolve the case as a child in need of care proceeding pursuant to the provisions of Title VI.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 309. Continuing jurisdiction over custody disputes

Art. 309. Continuing jurisdiction over custody disputes
A. Except as provided in Article 313, a court exercising juvenile jurisdiction shall have continuing jurisdiction over the following proceedings and the exclusive authority to modify any custody determination rendered, including the consideration of visitation rights:
(1) Child in need of care proceedings pursuant to Title VI.
(2) Families in need of services proceedings pursuant to Title VII.
(3) Involuntary termination of parental rights proceedings pursuant to Title X.
(4) Voluntary termination of parental rights proceedings pursuant to Title XI.
(5) Adoption proceedings pursuant to Title XII.
(6) Parental transfer of custody proceedings pursuant to Chapter 3 of Title XV.
B. In exercise of its jurisdiction to determine the custody of a child under writs of habeas corpus or when custody is incidental to the determination of pending cases, a district court may enter an order of custody or modify any prior order of custody rendered by a juvenile court concerning the same child in any proceeding except those enumerated in Paragraph A of this Article.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 310. Jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act

Art. 310. Jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act
A. Unless declined, a court exercising juvenile court jurisdiction shall have exclusive original jurisdiction over cases subject to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act, pursuant to R.S. 13:1801 et seq., when in interstate custody disputes any of the following occur:
(1) A claim of emergency jurisdiction is made pursuant to R.S. 13:1816.
(2) A petition alleges that a child is in need of care as defined by Title VI.
(3) A petition otherwise alleges facts that may bring the proceedings within the exclusive original jurisdiction of the juvenile courts pursuant to this Code.
B. The district courts shall have exclusive original jurisdiction over all other claims of jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act and claims of emergency jurisdiction when declined by the juvenile court.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2010, No. 861, §1.
2023 Louisiana Laws › Children's Code › Art. 311. Juvenile jurisdiction over adults; support proceedings; coexistent orders

Art. 311. Juvenile jurisdiction over adults; support proceedings; coexistent orders
A.(1) A court exercising juvenile jurisdiction shall have exclusive original jurisdiction, except in East Baton Rouge Parish, in the following cases involving support of family:
(a) Proceedings involving criminal neglect of a child by either parent, or of one spouse by the other spouse.
(b) Proceedings under the Revised Uniform Reciprocal Enforcement of Support Act.
(c) Repealed by Acts 2008, No. 532, §6.
(2) A support order rendered pursuant to an action brought under this Paragraph shall not modify a prior judgment of a district court or be modified by a district court having appropriate jurisdiction over support, unless the court rendering the original support order has transferred jurisdiction.
B.(1) A court exercising juvenile jurisdiction shall have concurrent jurisdiction, except in East Baton Rouge Parish, in the following cases involving support of family:
(a) Proceedings brought by the district attorney pursuant to the provisions of Article 1301.1 et seq. of the Uniform Interstate Family Support Act.
(b) Proceedings brought by the district attorney or the Department of Children and Family Services to establish paternity or to establish, modify, or enforce support pursuant to provisions of R.S. 46:236.1.1 et seq., and Children's Code Article 1301.1 et seq.
(c) Proceedings brought by the district attorney to enforce support pursuant to R.S. 46:236.2.
(d) Proceedings brought by the district attorney under any state law to register, enforce, or modify any order of support issued by any court in this state.
(2) A support order rendered pursuant to an action brought under Subsubparagraph (1)(b) or (c) of this Paragraph shall not modify a prior judgment of a district court or be modified by a district court having appropriate jurisdiction over support, unless the court rendering the original support order has transferred jurisdiction.
C. Upon proof thereof, amounts paid for a particular period pursuant to a support order rendered by either court shall be credited against the amounts accruing or accrued for the same period under any support order rendered by the other court.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1992, No. 865, §1; Acts 1997, No. 601, §1; Acts 2008, No. 532, §§1, 6; Acts 2010, No. 238, §6; Acts 2010, No. 754, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Children's Code › Art. 312. Juvenile jurisdiction over adults; criminal proceedings

Art. 312. Juvenile jurisdiction over adults; criminal proceedings
A. A court exercising juvenile jurisdiction shall have exclusive original jurisdiction, in conformity with any special rules prescribed by law, to try an adult for the following offenses:
(1) The crime of contributing to the delinquency or dependency of children as authorized by R.S. 14:92.1.
(2) Criminal neglect of family.
(3) The crime of improper supervision of a minor by parent or legal custodian as authorized by R.S. 14:92.2.
B.(1) Except as provided in Subparagraph (2) of this Paragraph, a district court shall have exclusive original jurisdiction, in conformity with any special rules prescribed by law, to try an adult for the following offenses:
(a) The crime of contributing to the delinquency of children as authorized by R.S. 14:92.
(b) Any other misdemeanor enacted for the protection of the physical, moral, or mental well-being of children.
(2) In Orleans Parish, jurisdiction pursuant to Subparagraph (1) of this Paragraph is vested in the criminal district court for that parish or the Municipal and Traffic Court of New Orleans.
C. If the defendant in any case within this Article is entitled to trial by jury and does not waive that right, the court shall transfer the case to its criminal docket or to the appropriate court having criminal jurisdiction.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1995, No. 702, §1; Acts 1997, No. 569, §1; Acts 2011, 1st Ex. Sess., No. 28, §1; Acts 2017, No. 193, §1.
2023 Louisiana Laws › Children's Code › Art. 313. Duration of jurisdiction over proceedings

Art. 313. Duration of jurisdiction over proceedings
A. A court exercising juvenile jurisdiction no longer exercises such jurisdiction in any proceeding authorized by this Code upon:
(1) Declination of jurisdiction.
(2) Transfer of the proceeding.
(3) Expiration or satisfaction of an informal adjustment agreement.
(4) Expiration or satisfaction of an informal family services plan agreement.
(5) Expiration, satisfaction, or vacation of a juvenile disposition or adult sentence.
(6) Dismissal of the proceeding.
B. A court exercising juvenile jurisdiction no longer exercises such jurisdiction in any proceeding authorized by Article 311(B)(1) upon the filing of a motion in accordance with R.S. 46:236.2(B)(2). When the motion is granted, the individual or caretaker to whom the support obligation is owed shall be the proper party to enforce the child support obligation or any arrears owed.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2010, No. 913, §1; Acts 2018, No. 373, §1, eff. October 1, 2018.
2023 Louisiana Laws › Children's Code › Art. 314. Venue

CHAPTER 6. VENUE
Art. 314. Venue
Except when a special venue rule is provided by a Title of this Code, any proceeding may be commenced in the parish in which the child is domiciled with his parent or tutor, the parish in which the child is residing, the parish in which the act complained of took place or the conditions complained of existed, or the parish in which the child is found.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
2023 Louisiana Laws › Children's Code › Art. 314.1. Special venue in proceedings concerning child support

Art. 314.1. Special venue in proceedings concerning child support
Proceedings to modify an order for child support, medical support, and income assignment, or any one or combination of such orders, brought pursuant to Article 311 shall be brought only in the proper parish specified by Code of Civil Procedure Article 74.2.
Acts 1997, No. 603, §3.
2023 Louisiana Laws › Children's Code › Art. 315. Transfer of proper venue

Art. 315. Transfer of proper venue
A. At any time, the court in which a petition is filed may transfer the case for the convenience of the parties and the witnesses and in the interests of justice to another court having venue according to Article 314.
B. After adjudication, the court in which a petition is filed shall transfer the proceeding if it receives information at any time that both of the following exist:
(1) The child is domiciled with his parent or tutor in another parish.
(2) The court of the child's domicile has proceedings currently pending before it.
C. Certified copies of all legal and social documents and records pertaining to the case which are on file with the clerk of the court shall accompany the transfer.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 317. Change of proper venue

Art. 317. Change of proper venue
Any party by contradictory motion may obtain a change of venue upon proof that he cannot obtain a fair and impartial trial because of the undue influence of an adverse party, prejudice existing in the public mind, or some other sufficient cause.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 318. Inherent power and authority of courts

CHAPTER 7. GENERAL AUTHORITY OF COURTS
Art. 318. Inherent power and authority of courts
A court inherently possesses all powers necessary for the exercise of its juvenile jurisdiction and the enforcement of its lawful orders. It has authority to issue such writs and orders as may be necessary or proper in aid of its jurisdiction. It has the duty to require that the juvenile proceedings be conducted with dignity and in an orderly and expeditious manner.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 319. Contempt

Art. 319. Contempt
A. Any person who willfully violates, neglects, or refuses to obey or perform any lawful order of a court may be proceeded against for contempt of court. This general contempt authority shall not detract from or prevent the application of specific contempt provisions contained elsewhere in this Code.
B. Any parent, guardian, custodian, or other person entrusted with the care of a child coming within the jurisdiction of the juvenile court may be proceeded against for contempt of court for the failure, unwillingness, or neglect, without just cause, to fully cooperate in the rehabilitative program ordered by the court as a part of any protective order or disposition judgment authorized by a Title of this Code, including but not limited to:
(1) Participation in a counseling or instructional program.
(2) Participation in family counseling sessions.
(3) Participation in mental health sessions.
(4) Assistance in obtaining vocational training for the child.
(5) Assistance in obtaining a special educational placement for the child.
(6) Participation in such other adjustment programs that the court finds beneficial and remedial in the rehabilitation of the child.
C. Contempt proceedings shall be conducted in accordance with the provisions of Chapter 2 of Title XV.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 320. Indigency determination

Art. 320. Indigency determination
A. For purposes of the appointment of counsel, children are presumed to be indigent.
B. Except as provided in Article 608, the determination of the indigency of any person entitled to counsel in accordance with this Code may be made by the court at any stage of the proceedings. If necessary, the person shall be allowed to summon witnesses to testify before the court concerning the person's financial ability to employ counsel.
C.(1) In determining whether a person is indigent and entitled to the appointment of counsel, the court shall consider whether the person is a needy person and the extent of the person's ability to pay.
(2) The court shall consider such factors as income, property owned, outstanding obligations, and the number and ages of dependents.
(3) Release on bail shall not alone disqualify either an adult or child for appointment of counsel.
D. In each case, subject to the penalty of perjury, the person shall certify in writing the material factors relating to the person's ability to pay as the court prescribes.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2010, No. 593, §1; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 321. Partial reimbursement by indigent adults

Art. 321. Partial reimbursement by indigent adults
A. To the extent that a person is financially able to provide for an attorney, other necessary services and facilities of representation, and court costs, the court shall order him to pay for these items. The court may order payment in installments or in any manner which it believes reasonable and compatible with the person's financial ability.
B. Any payments shall be transmitted to and become a part of the public defender fund of the district in which the proceeding is pending.
C. When a person, who was initially determined to be indigent and was appointed counsel, subsequently hires private counsel, the court shall conduct a contradictory hearing to determine:
(1) Whether he was in fact indigent when counsel was previously appointed.
(2) What charges were incurred in retaining counsel.
(3) What expenses have been incurred by the district public defender or other appointed counsel.
D. Upon determining the expenses incurred, the court may hold the person liable to the district public defender or other appointed counsel for reimbursement of all or part of those expenses. A judgment for the amount owed may be recorded in the mortgage records and may be enforced as provided by law.
E. If the court finds that the parents are financially able, it may order them to reimburse the appointed counsel or district public defender's office for some or all of the costs of representing the child that are incurred before retained counsel has enrolled as counsel of record.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2007, No. 307, §9; Acts 2010, No. 593, §1.
2023 Louisiana Laws › Children's Code › Art. 322. Purpose

CHAPTER 8. SPECIAL AUTHORITY OF COURTS;
PROTECTED PERSONS; VIDEOTAPING;
CLOSED CIRCUIT TELEVISION
Art. 322. Purpose
The purpose of this Chapter is to provide further protection for protected persons who are witnesses to or victims of a crime and to permit the trial concerning such crime to proceed with a minimum of additional intrusion into the lives of such protected persons. To effect this purpose, the need for a special exception to the hearsay rule allowing receipt of videotaped statements of the protected person's account and the need for closed-circuit television for transmitting certain protected person's testimony is recognized.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2004, No. 241, §2.
2023 Louisiana Laws › Children's Code › Art. 323. Definitions

Art. 323. Definitions
(1) "Department" means the Department of Children and Family Services.
(2) "Protected person" means any person who is a victim of a crime or a witness in a juvenile proceeding and who either:
(a) Is under the age of eighteen years.
(b) Has a developmental disability as defined in R.S. 28:451.2(12).
(3) "Videotape" means the visual recording on a magnetic tape, film, videotape, compact disc, digital versatile disc, digital video disc, or by other electronic means together with the associated oral record.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2004, No. 241, §2; Acts 2007, No. 70, §2; Acts 2022, No. 202, §1.
2023 Louisiana Laws › Children's Code › Art. 324. Authorization

Art. 324. Authorization
A. A court exercising juvenile jurisdiction may require that a statement of a protected person be recorded on videotape in conformity with Article 326 by any of the following:
(1) Motion of the court or motion of the district attorney, a parish welfare unit or agency, the Department of Children and Family Services, or a child advocacy center operating in the judicial district.
(2) Adoption of a local court rule that authorizes the videotaping of any protected person without the necessity of the issuance of an order by the court in any individual case.
(3) Execution of a written protocol between the court and law enforcement agencies, a parish welfare unit or agency, the Department of Children and Family Services, or a child advocacy center operating in the judicial district that authorizes the videotaping of any protected person without the necessity of the issuance of an order by the court in any individual case.
B. The coroner may, in conjunction with the district attorney and appropriate hospital personnel and pursuant to their duties in R.S. 40:2109.1 and 2113.4, provide for the videotaping of the statements of children under the age of eighteen who present themselves or who are brought to a hospital for treatment as victims of rape or who have been otherwise physically or sexually abused.
C. Such a videotape shall be available for introduction into evidence in any juvenile proceeding under this Code in which it is relevant.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2004, No. 241, §2; Acts 2007, No. 70, §2; Acts 2014, No. 647, §2; Acts 2022, No. 202, §1.
2023 Louisiana Laws › Children's Code › Art. 326. Competent evidence; procedures for making videotape

Art. 326. Competent evidence; procedures for making videotape
A. A videotape of the statements of a protected person who is alleged to be the victim of or witness to a crime may be offered in evidence for or against such crime. To render such a videotape competent evidence, all of the following must be satisfactorily proved:
(1) Such electronic recording was voluntarily made by the protected person.
(2) No relative of the protected person was present in the room in which the recording was made.
(3) No attorney for either party was present when the statement was made.
(4) Such recording was not made of answers to questions calculated to lead the protected person to make any particular statement.
(5) Such recording is both visual and oral and is recorded on film or videotape or by other electronic means.
(6) Such recording is accurate, has not been altered, and reflects what the protected person said.
(7) The taking of the protected person's statement was supervised by a physician, a social worker, a law enforcement officer, a licensed psychologist, medical psychologist, licensed professional counselor, or an authorized representative of the department.
(8) Every voice on the recording is identified.
B. The department shall develop and promulgate regulations regarding training requirements and certification for department personnel who are authorized to supervise the taking of the protected person's statement.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1999, No. 1309, §9, eff. Jan. 1, 2000; Acts 2001, No. 486, §5, eff. June 21, 2001; Acts 2004, No. 241, §2; Acts 2009, No. 251, §13.
2023 Louisiana Laws › Children's Code › Art. 327. Admissibility

Art. 327. Admissibility
A. A prehearing videotape which meets all the requirements of Article 326 may be admissible into evidence if all of the following occur:
(1) The parties to the proceeding are afforded an opportunity to view the recording before it is offered into evidence.
(2) The person conducting or supervising the interview of the protected person in the recording is present at the proceeding and available to testify or be cross-examined by either party.
(3) The protected person is available to testify.
B. The admission into evidence of the videotape as authorized herein shall not preclude the state from calling the protected person as a witness or taking the protected person's testimony outside the courtroom as otherwise authorized by law.
C. Nothing in this Chapter shall be construed to prohibit the right of confrontation of a defendant in a criminal proceeding before the court.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2004, No. 241, §2; Acts 2008, No. 335, §1.
2023 Louisiana Laws › Children's Code › Art. 328. Confidentiality

Art. 328. Confidentiality
Videotapes which are a part of the court record shall be preserved under a protective order of the court in order to protect the privacy of the protected person. The court shall order the destruction of the videotapes after five years have elapsed from the date of entry of judgment. However, if an appeal is filed, the videotapes shall not be destroyed until a final judgment on appeal has been rendered.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2004, No. 241, §2.
2023 Louisiana Laws › Children's Code › Art. 329. Closed circuit television; testimony taken outside courtroom

Art. 329. Closed circuit television; testimony taken outside courtroom
A. On its own motion or on the motion of the attorney for any party, a court may order that the testimony of a protected person who may have been physically or sexually abused be taken in a room other than the courtroom and be simultaneously televised by closed circuit television to the court when the court makes a specific finding of necessity based upon both of the following:
(1) Expert testimony that the protected person would be likely to suffer serious emotional distress if forced to give testimony in open court.
(2) Expert testimony that without such special shielding procedures, the protected person cannot reasonably communicate his testimony to the court.
B. The court shall ensure that the protected person cannot see or hear the accused unless such viewing or hearing is requested for purposes of identification. However, the court shall ensure that the accused is afforded the ability to consult with his attorney during the testimony of the protected person.
C. The only persons who may be present in the room with the protected person are the person or persons operating the audio-video equipment, the presiding judge, the attorneys for the state and the accused, and any person, other than a relative of the protected person, whose presence is determined by the court to be necessary to the welfare and well-being of the protected person during his testimony. The persons operating the equipment shall be confined to an adjacent room or behind a screen or mirror that permits them to see and hear the protected person during his testimony but does not permit the protected person to see or hear them.
D. Only the attorneys, or the presiding judge as authorized by law, may question the protected person.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2004, No. 241, §2.
2023 Louisiana Laws › Children's Code › Art. 330. Judgments appealable

CHAPTER 9. APPEALS AND SUPERVISORY JURISDICTION
Art. 330. Judgments appealable
A. An appeal may be taken from any final judgment of a court and shall be to the appropriate court of appeal.
B. In delinquency proceedings pursuant to Title VIII, child in need of care proceedings pursuant to Title VI, and families in need of services proceedings pursuant to Title VII, an appeal may be taken only after a judgment of disposition. The appeal shall include all errors assigned concerning the adjudication and disposition.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 331. Right of appeal

Art. 331. Right of appeal
A. Except when the court is exercising its jurisdiction pursuant to Article 960, a party to the proceedings or any other party in interest shall have the right to appeal.
B. The state may not appeal from a judgment refusing to adjudicate a child to be delinquent or from a judgment of acquittal.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 332. Notice of judgment; new trials; time for appeal

Art. 332. Notice of judgment; new trials; time for appeal
A. Except as otherwise provided within a particular Title of this Code, appeals shall be taken within fifteen days from the mailing of notice of the judgment. However, if a timely application for a new trial is made pursuant to Paragraph C, the delay for appeal commences to run from the date of the mailing of notice of denial of the new trial motion.
B. Notice of judgment, including notice of orders or judgments taken under advisement, shall be as provided in Code of Civil Procedure Article 1913.
C. After judgment is signed, a party may make a written request for a motion for new trial on any ground provided by law. The delay for applying for a new trial is three days, exclusive of holidays, and shall commence to run from the mailing of notice of judgment. A motion for new trial shall be decided expeditiously and within seven days from the date of submission for decision.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1995, No. 1095, §1; Acts 2003, No. 545, §2.
2023 Louisiana Laws › Children's Code › Art. 333. Perfecting the appeal

Art. 333. Perfecting the appeal
A. An appeal is taken by obtaining an order therefor from the court which rendered the judgment.
B. An order of appeal may be granted on oral motion in open court, on written motion, or on petition. The order shall show the return day of the appeal in the appellate court.
C. When the order is granted, the clerk of court shall mail a notice of appeal to counsel of record for all parties represented by counsel, and to parties not represented by counsel. Upon request, notice shall be mailed to counsel for the party seeking the appeal.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 334. Return day

Art. 334. Return day
A. Except as otherwise provided in this Code, the return day of the appeal shall be thirty days from the date the appeal is granted, if no costs are required, or from the date estimated costs are paid, unless the trial court fixes a lesser period.
B. The trial court may grant only one extension of the return day, and such extension shall not exceed thirty days. Subsequent extensions of the return day may be granted by the appellate court for sufficient cause.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 335. Preparation of record; costs

Art. 335. Preparation of record; costs
A. The clerk of the trial court shall cause the record on appeal to be prepared and lodged with the appellate court on or before the return day or extension thereof.
B. All records and supplemental records prepared for filing in any appellate court shall be certified and dated by the clerk upon completion. The certification shall include the date any transcript was received for inclusion in the record.
C. All transcripts or parts thereof completed for inclusion in the record shall be dated and certified by the court reporter who prepares them. The date of certification by the court reporter shall be the date on which the transcript was concluded and furnished to the clerk for inclusion in the record.
D. If a child desires a transcript for appeal or for supervisory writ, the child or the parents of the child shall not be assessed the cost of transcription of the record or any other costs associated with the preparation of the record.
E. If a parent, in a proceeding brought pursuant to Title V, VI, VII, X, or XI of this Code, desires a transcript for appeal or for supervisory writ, the parent shall pay the cost of transcription of the record unless the court determines that the parent is unable to pay due to poverty or lack of means. The appointment of counsel for the parent in a proceeding shall create a rebuttable presumption that the parent is unable to pay the costs associated with the preparation of the appellate record or the costs for the transcription of the contested proceedings for inclusion in the appeal or supervisory writ. If the court finds that the presumption has been rebutted, the court shall provide written reasons for its finding.
F. If the court finds that the interests of justice so require, the court may waive the costs of transcription of the record or for supervisory writ for any other party with a right to an appeal who is unable to pay due to poverty or lack of means.
G. Failure of the clerk to prepare and lodge the record on appeal either timely or correctly shall not prejudice the appeal.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 336. Effect of appeal

Art. 336. Effect of appeal
A. Except as provided by Paragraphs B and C of this Article, the effect of a judgment shall not be suspended by an appeal, unless the trial court or a court of appeal directs otherwise.
B. A parent shall have the right to appeal suspensively from any ruling terminating his parental rights, including a judgment of adoption, notwithstanding the power of the court to order the commencement or continuation of temporary custody of the child with persons other than the parents.
C. A suspensive appeal shall not suspend the execution of the judgment insofar as the judgment relates to custody or child support.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 401. Adoption of local rules of court

TITLE IV
JUVENILE COURT ADMINISTRATION
CHAPTER 1. LOCAL RULES OF COURT
Art. 401. Adoption of local rules of court
A. Unless procedures are otherwise provided through rules promulgated by the Louisiana Supreme Court, a court may adopt administrative rules governing internal operating procedures not in conflict with provisions of this Code, or of other laws. When a court has more than one judge, its rules shall be adopted or amended by a majority of the judges thereof sitting en banc.
B. The rules shall be made available to the public by filing a copy with the Judicial Council of the Louisiana Supreme Court and by filing a copy with the clerk of court, and a copy shall be furnished on request to any attorney licensed to practice law in this state.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 2014, No. 354, §1.
2023 Louisiana Laws › Children's Code › Art. 403. Sessions of court

Art. 403. Sessions of court
A. When a court is exercising its juvenile jurisdiction it may sit in chambers and hold its sessions irrespective of regular terms of court.
B. Juvenile courts shall be in continuous session, provided that the judges of said courts shall be entitled to a vacation as provided by existing laws.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 406. Waiver of court costs and fees

Art. 406. Waiver of court costs and fees
A. In its discretion, the court may waive costs and fees to the extent that a party is unable to pay such costs and fees due to poverty or lack of means or for any other reason determined by the court.
B. In determining whether or to what extent a party is unable to pay, the court shall consider the party's income, property owned, outstanding obligations, and the number and ages of dependents.
C. The court may order payments in installments over time, or in any manner which it believes reasonable and compatible with the financial ability of the party.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2020, No. 146, §1.
2023 Louisiana Laws › Children's Code › Art. 407. Confidentiality of hearings

Art. 407. Confidentiality of hearings
A. With the exceptions of delinquency proceedings pursuant to Article 879, child support proceedings, traffic violations pursuant to Chapter 2 of Title IX in East Baton Rouge Parish, and misdemeanor trials of adults pursuant to Chapter 4 of Title XV, proceedings before the juvenile court shall not be public.
B. The child, his parents, counsel, the district attorney, authorized officers of the court, and witnesses called by the parties may be present at an adjudication hearing. The court may admit any other person who has a proper interest in the proceedings or the work of the court.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 769, §1; Acts 1994, 3rd Ex. Sess., No. 120, §1, eff. July 7, 1994; Acts 1995, No. 1261, §1; Acts 2011, 1st Ex. Sess., No. 28, §1; Acts 2011, No. 251, §2.
2023 Louisiana Laws › Children's Code › Art. 408. Duty of court to control proceedings; use of restraints on a child

Art. 408. Duty of court to control proceedings; use of restraints on a child
A. The court shall require that the proceedings be conducted with dignity and in an orderly and expeditious manner, and shall control the proceedings so that justice is done. The court may exclude any person whose conduct is disruptive if the person fails promptly to heed the court's admonition to refrain from such conduct.
B.(1) Restraints shall not be used upon a child during any juvenile court proceeding except in a delinquency proceeding as specifically provided in this Paragraph.
(2) A court may permit a child to be restrained in the courtroom only upon the court's individualized determination that the use of restraints is necessary because the child presents a particularized risk of physical harm to himself or another or presents a particularized substantial risk of flight from the courtroom, and that there are no less restrictive alternative measures to prevent flight or physical harm. The fact that the child is detained is insufficient to warrant a finding that the use of restraints is necessary.
(3) If it is alleged that the use of restraints upon a child is necessary, the district attorney or law enforcement shall inform the judge and the attorney for the child prior to the proceeding. The attorney for the child shall be given an opportunity to be heard and object on the record. If the use of restraints is ordered, the judge shall state on the record the reasons therefor.
(4) In accordance with Paragraph A of this Article, a court may authorize the use of restraints when the conduct of the child during a hearing presents an imminent threat, risk of flight, or physical harm.
(5) This Paragraph does not apply when the child is in a detention center, when the child is in transport from a detention center to the courthouse, or when the child is held in the courthouse outside of the room where the juvenile delinquency proceeding will occur.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 2018, No. 453, §1.
2023 Louisiana Laws › Children's Code › Art. 409. Sequestration of witnesses

Art. 409. Sequestration of witnesses
On its own motion the court may, and on request of a party the court shall, order that the witnesses, other than parties, be excluded from the courtroom or from a place where they can see or hear the proceedings and refrain from discussing the facts of the case with anyone other than counsel in the case. In the interests of justice, the court may exempt any witness from its order.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 411. Records; forms

CHAPTER 3. RECORDS
Art. 411. Records; forms
A. The court shall make, or have made, and keep records of all cases brought before it.
B. The court shall devise and cause to be printed such forms for social and legal records or such other papers as may be required.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.