reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Children's Code › Art. 701. Applicability

CHAPTER 16. DISPOSITIONAL REVIEWS
Art. 701. Applicability
If at any point in child in need of care proceedings, the child is removed from his parents' care and control and placed in the custody of the department, the provisions of this Chapter shall govern the subsequent review process until such time as the child achieves a permanent placement as defined in Article 603.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 703. Notice

Art. 703. Notice
Written notice of the date, time, and place of the dispositional hearing shall be served and a return made in the same manner as a petition on all parties and counsel of record at least fifteen days prior to the hearing, unless the parties have been previously notified in open court at a prior hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 704. Notice; absent parents

Art. 704. Notice; absent parents
A. The court shall permit a permanency hearing to be held in the absence of a parent if it is established on the record that the parent was served but is not in attendance or that efforts to serve the parent have been unsuccessful.
B. If reunification with the absent parent is the case plan goal, the department shall make continuing diligent efforts to locate the absent parent and notify him of the nature and outcome of the dispositional review hearing and shall promptly inform the court of any known or discovered address. Otherwise, the department shall promptly inform the court of any new address of an absent parent that becomes known through the case planning process.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 248, §1.
2023 Louisiana Laws › Children's Code › Art. 705. Notice; right to be heard

Art. 705. Notice; right to be heard
A. The department shall give notice of the right to appear at each permanency hearing to any foster parent, pre-adoptive parent, or relative providing care for the child.
B. The notice shall state the date, time, and place of the permanency hearing and the recipient's right to attend and be heard.
C. If a foster parent, pre-adoptive parent, or relative providing care for the child fails to appear at a permanency hearing, the department shall report to the court whether notice was given or, if not, what diligent efforts were made to locate and notify the absent person. The court may permit the hearing to be held in the person's absence.
D. The court shall solicit and consider information regarding the care and treatment of the child from any foster parent, pre-adoptive parent, or relative providing care for the child who appears for the hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2007, No. 334, §1; Acts 2012, No. 730, §1.
2023 Louisiana Laws › Children's Code › Art. 706. Rights of parties

Art. 706. Rights of parties
A. All parties have the right to testify, the right to confront and cross-examine adverse witnesses, the right to present evidence and witnesses, and the right to counsel.
B. A child twelve years of age or older shall be present in court unless his presence is waived by the court upon motion of the child's counsel. A child below the age of twelve years shall be present in court upon the request of counsel for the child or the court. If the child is present in court, he may choose to testify as to his wishes, and the court shall consider his testimony in the matter. Any testimony given by a child may be taken by a videotaped interview or by closed-circuit television, as authorized by Chapter 8 of Title III of this Code, or by an in-chambers conference attended only by the judge and court reporter and by counsel for the child, for the petitioner, and for the parents.
C. Any party who has received notice of the dispositional review hearing and does not appear shall be deemed to have waived his right to be present.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2012, No. 730, §1.
2023 Louisiana Laws › Children's Code › Art. 707. Intervention

Art. 707. Intervention
A. For good cause shown, the court or administrative review body may allow any interested person, agency, or organization to intervene in the permanency review proceedings to facilitate the permanent plan for the child and to insure that the best interests of the child are protected.
B. Upon motion of a party and for good cause shown, the court or administrative review body may limit the nature and extent of intervenor's participation in the hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
2023 Louisiana Laws › Children's Code › Art. 708. Presence at permanency hearing

Art. 708. Presence at permanency hearing
A. All parties, foster parents, adoptive parents, and relatives providing care for the child, authorized officers of the court as designated by the judge, agency representatives as designated by the state, court-appointed special advocate (CASA) volunteer, the witness under examination, and the judge or administrative review body may be present at a permanency hearing. The court or administrative review body shall not admit any other person unless the court has determined that the person has a proper interest in or is necessary to the proceedings.
B. On its own motion or the motion of any party, the court or administrative review body may order that witnesses, other than parties, be excluded from the courtroom and refrain from discussing the facts of the case with anyone other than counsel in the case. On its own motion the court or administrative review body may, and on the request of a party the court shall, order that the witnesses, other than parties, be excluded from the courtroom or from a place where they can see or hear the proceedings, and refrain from discussing the facts of the case with anyone other than counsel in the case. In the interest of justice, the court may exempt any witness from its order.
C. Prior to the commencement of the hearing, the court shall determine whether it is in the child's best interest for the child to remain in the courtroom during the testimony of the witnesses.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 764, §1.
2023 Louisiana Laws › Children's Code › Art. 709. Evidence

Art. 709. Evidence
The court shall consider all relevant evidence offered by the parties and may limit the admissibility or weight of any evidence which it deems unreliable, cumulative, or unduly dilatory. The court or administrative review body may consider evidence which would not be admissible at the adjudication hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
2023 Louisiana Laws › Children's Code › Art. 710. Order; appeal

Art. 710. Order; appeal
A. In a written judgment, the court shall make findings of fact regarding:
(1) Whether the child can safely return to the custody of the parent, and shall order return of custody to the parent if it is safe to do so.
(2) The permanent plan that is most appropriate and in the best interest of the child in accordance with the priorities of Article 702 (C).
(3) Except as otherwise provided in Article 672.1, whether the department has made reasonable efforts, as defined in Article 603, to reunify the parent and child or to finalize the child's placement in an alternative safe and permanent home in accordance with the permanent plan.
(4) Whether an out-of-state placement is safe, appropriate, and otherwise in the best interest of the child.
(5) For children whose permanent plan is placement in the least restrictive, most family-like alternative permanent living arrangement, why, as of the date of the hearing, the plan is the best permanency plan for the child and provide compelling reasons why it continues to not be in the best interest of the child to return home, be placed for adoption, be placed with a legal guardian, or be placed with a suitable relative.
B. The court may enter orders as are needed and appropriate to facilitate the timely achievement of each child's permanent plan, including the filing of a certification for adoption petition.
C. An extract of minutes of court specifying the information in Paragraph A of this Article and signed by the court shall be considered a written judgment.
D. Any person directly affected may appeal the findings or orders of the court rendered pursuant to this Article or Article 716.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2001, No. 567, §1; Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 711. Simultaneous hearings

Art. 711. Simultaneous hearings
When appropriate, case review hearings and permanency hearings may be scheduled to be heard simultaneously, provided the record reflects that the appropriate findings and orders are made pursuant to this Chapter and Chapter 15 of this Title.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
2023 Louisiana Laws › Children's Code › Art. 712. Sanctions for failure to comply with permanency planning requirements

CHAPTER 17. SANCTIONS FOR FAILURE TO COMPLY
WITH PERMANENCY PLANNING REQUIREMENTS
Art. 712. Sanctions for failure to comply with permanency planning requirements
Upon determination by the court that the department has failed to comply with any permanency planning requirements, including but not necessarily limited to Chapters 13, 15, and 16 of this Title, the court may:
(1) Subpoena agency witnesses to testify regarding the failure to comply.
(2) Order the agency or appropriate representatives to show cause why a contempt order should not issue.
(3) Order that the agency not seek federal reimbursement for the cost of the child's care where the court finds that reasonable efforts were not made.
(4) Submit a report of noncompliance to appropriate state and federal agencies.
(5) Refer the agency representative found responsible for the failure to comply to the appropriate department personnel for administrative reprimand or other administrative sanctions.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 714. Motion to modify judgment of disposition

Art. 714. Motion to modify judgment of disposition
A. The court may modify a judgment of disposition on its own motion or on the motion of the district attorney, the department, the child, or his parents. When a child has been committed to a mental hospital, psychiatric unit, or substance abuse facility, the court may modify the judgment of disposition, for good cause shown, on the filing of a proper motion by the director of the mental hospital, psychiatric unit, or substance abuse facility.
B.(1) A motion to modify a judgment of disposition may be denied without a contradictory hearing, except when made by the director of a mental hospital, psychiatric unit, or substance abuse facility to which a child has been committed. In such instances, the director shall be permitted to show that the continued commitment would not be in the child's best interest because the facility cannot provide proper treatment or that the child has received the maximum benefit from the treatment available at the facility. The director shall make specific written recommendations regarding proper treatment or placement of the child, or both, in the motion filed with the court. The court shall hold a hearing on the motion for modification of a disposition filed by the director of a mental health hospital, psychiatric unit, or substance abuse facility within ten days of the filing of the motion unless continued for cause shown. An attorney from the Mental Health Advocacy Service shall be appointed to represent the child's interest at such a hearing unless attorneys from such agency are unavailable or the child has retained private counsel who shall represent only the interest of the child.
(2) A motion to modify to impose more restrictive conditions may not be granted without a contradictory hearing unless the parties consent.
C. On its own motion or on oral or written motion of the department, the court may modify a judgment of disposition without a contradictory hearing when the conditions of the disposition are sought to be made less restrictive.
D. Except as provided in Paragraph C of this Article, the motion shall be in writing and set forth in plain and concise terms the facts supporting the modification.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 715. Service of motion to modify

Art. 715. Service of motion to modify
A. A copy of a motion to modify shall be served upon the child, his parent, the petitioner, and any person, institution, or agency to whom the custody of the child has been assigned.
B. Service shall be in the manner provided for service of the petition.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 716. Modification of judgment of disposition

Art. 716. Modification of judgment of disposition
A judgment of disposition may be modified if the court finds that the conditions and circumstances justify the modification. A judgment of disposition shall be modified to return custody of the child to the parent, under terms and conditions the court deems to be in the best interest of the child, if the court finds that the child can be safely returned to the parent.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 717. Notice of modification

Art. 717. Notice of modification
If a judgment of disposition is modified, a copy of the minute entry reflecting the modification shall be served upon the petitioner, the child, his parent, and any person, institution, or agency to whom custody of the child is assigned.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 718. Purpose of guardianship

CHAPTER 19. GUARDIANSHIP
Art. 718. Purpose of guardianship
A. The purpose of guardianship is to provide a permanent placement for children when neither reunification with a parent nor adoption has been found to be in their best interest; to encourage stability and permanence in the lives of children who have been adjudicated to be in need of care and have been removed from the custody of their parent; and to increase the opportunities for the prompt permanent placement of children, especially with relatives, without ongoing supervision by the department.
B. This Chapter is intended to ensure that the fundamental needs of children are met and the constitutional rights of all parties are recognized and enforced.
Acts 2011, No. 128, §1.
2023 Louisiana Laws › Children's Code › Art. 719. Guardian's rights and responsibilities

Art. 719. Guardian's rights and responsibilities
A. Unless the court specifies otherwise, a guardian shall exercise the rights and responsibilities of legal custody and shall have the authority to consent to the child's marriage, to consent to his enlistment in the armed forces of the United States, and to make other decisions concerning the child, except the right to consent to the child's adoption.
B. Guardianship does not subject the guardian to responsibility under Civil Code Article 2317 or 2318 for damage occasioned by the child.
C. The rights and responsibilities of administering the property of the child are governed by the law of tutorship.
Acts 2011, No. 128, §1.
2023 Louisiana Laws › Children's Code › Art. 720. Motion for guardianship

Art. 720. Motion for guardianship
A. After a child has been adjudicated to be in need of care, a motion for guardianship may be filed by the department, parent, counsel for the child, or, when the guardian is deceased, an individual previously named as a successor guardian by the guardian in a guardianship subsidy agreement with the department; or the department may submit a case plan along with the case review report to the court and all counsel of record recommending guardianship in accordance with Children's Code Articles 674, 688, and 689.
B. The motion, case review report, or case plan shall include all of the following:
(1) The name and gender of the child, and the date and place of his birth.
(2) A description of the mental and physical health of the child.
(3) The current placement of the child and when it began.
(4) The name and address of the proposed guardian and any relationship to the child.
(5) The name and address of the parents of the child.
(6) A plain and concise statement of the facts on which the motion, case review report, or case plan for guardianship is sought and why neither adoption nor reunification with a parent is in the best interest of the child.
C. If any of the information required by Paragraph B of this Article is unknown, the motion, case review report, or case plan shall state that fact. In addition, if the location of either parent is unknown, the motion, case review report, or case plan shall disclose efforts to locate him.
D. Unless not yet completed, the home study, as required by Children's Code Article 721, shall be attached to the motion, case review report, or case plan. If not attached, the home study shall be submitted to the court as soon as it is completed.
Acts 2011, No. 128, §1; Acts 2014, No. 354, §1; Acts 2015, No. 124, §1, eff. June 19, 2015.
2023 Louisiana Laws › Children's Code › Art. 721. Home study report

Art. 721. Home study report
The department shall submit to the court a confidential report of its investigation and evaluation of the home of the proposed guardian. The report shall include all of the following:
(1) The moral and financial fitness of the proposed guardian.
(2) The conditions of the home of the proposed guardian with respect to health, adjustment, and other advantages or disadvantages for the child.
(3) The physical and mental condition of the child and his reaction to the proposed guardianship.
(4) The plan for the child if the proposed guardian becomes incapable of providing care.
Acts 2011, No. 128, §1.
2023 Louisiana Laws › Children's Code › Art. 722. Grounds; hearing; order

Art. 722. Grounds; hearing; order
A. The mover shall have the burden of proving all of the following by clear and convincing evidence:
(1) The child has been adjudicated to be in need of care.
(2) Adoption is not in the best interest of the child and the child cannot be safely reunified with the parent within a reasonable time.
(3) The child has resided for at least six months with the proposed guardian, unless the court waives the residence requirement for good cause.
(4) The proposed guardian is able to provide a stable and safe home for the child for the duration of minority.
B. If the child is twelve years of age or older, the court shall solicit and consider the wishes of the child in the matter.
C. The court shall hold a hearing before approving a guardianship and shall, at the conclusion of the hearing, enter a written order that includes the findings upon which the order is based.
Acts 2011, No. 128, §1; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 723. Order of guardianship

Art. 723. Order of guardianship
A. The court may grant the motion and appoint a guardian for the child if the court finds by clear and convincing evidence that the requirements of Article 722 have been met and that the proposed guardianship is in the best interest of the child.
B. The guardianship order shall address the frequency and nature of visitation or contact between the child and his parent, as necessary to ensure the health, safety, and best interest of the child.
C. The guardianship order may require the parent to contribute to the support of the child to the extent the court finds the parent is able pursuant to Article 685.
D. The guardianship order continues until the child attains eighteen years of age, unless earlier modified or terminated by the court in accordance with Article 724.
Acts 2011, No. 128, §1; Acts 2014, No. 354, §1.
2023 Louisiana Laws › Children's Code › Art. 724. Motion for modification of guardianship; termination of guardianship

Art. 724. Motion for modification of guardianship; termination of guardianship
A. The court shall retain jurisdiction to enforce, modify, or terminate a guardianship order until the child attains eighteen years of age. The program representing the child in the child of need of care proceedings pursuant to Children's Code Article 607 and the program representing the indigent parents in the child in need of care proceedings pursuant to Children's Code Article 608 shall provide representation in guardianship proceedings.
B.(1) Any of the following parties may seek to enforce, modify or terminate a guardianship order:
(a) The department.
(b) Counsel for the child.
(c) The guardian or, if the guardian is incapacitated, an individual previously named as a successor guardian by the guardian in a guardianship subsidy agreement with the department.
(d) A parent permitted to intervene under Children's Code Article 707.
(e) The court on its own motion.
(2) A copy of the motion to modify shall be personally served on the parents, and the court shall promptly notify the programs representing the child and indigent parents, respectively, in child in need of care proceedings.
C. A guardianship order may be enforced in accordance with the contempt provisions of Chapter 2 of Title XV of this Code.
D. A guardianship order may be modified or terminated if the court finds by clear and convincing evidence that there has been a substantial and material change in the circumstances of the guardian or child because of any of the following:
(1) The guardian no longer wishes to serve or can no longer serve as guardian of the child.
(2) Continuation of the guardianship is so deleterious to the child as to justify a modification or termination of the relationship or the harm likely to be caused from a change in the guardianship is substantially outweighed by the advantages to the child of the modification.
E. The court shall hold a hearing before modifying or terminating a guardianship and shall, at the conclusion of the hearing, enter a written order that includes the findings upon which the order is based.
Acts 2011, No. 128, §1; Acts 2014, No. 354, §1; Acts 2015, No. 124, §1, eff. June 19, 2015.
2023 Louisiana Laws › Children's Code › Art. 724.1. Temporary guardianship; designated successor guardian; construction

Art. 724.1. Temporary guardianship; designated successor guardian; construction
A.(1) A guardian who has entered into a guardianship subsidy agreement with the department may name an individual as a successor guardian in the agreement for the purpose of continued eligibility of the subsidy in the event of the death or incapacity of the guardian.
(2) Nothing relative to the subsidy agreement provided for in this Paragraph shall be construed to confer any right of legal guardianship, as such legal guardianship shall be established or modified pursuant to Articles 720 through 724 exclusively.
B. An individual who has been named as a successor guardian in the guardianship subsidy agreement may request an ex parte order of temporary guardianship of the child in a motion for guardianship or modification of guardianship pursuant to Article 720 or 724.
C. An ex parte order of temporary guardianship of the child may be granted to the named successor only if all of the following conditions are satisfied:
(1) The current guardian is incapacitated or deceased.
(2) It clearly appears from specific facts shown by a verified motion or by supporting affidavit that the individual is able to provide a stable and safe home for the child pending the hearing.
(3) The mover was previously named as a successor guardian in a guardianship subsidy agreement with the department as shown by the agreement.
(4) The mover certifies to the court in writing the efforts undertaken to give notice to the parent of the child, the department, and the attorney for the child of the request for the ex parte order granting temporary guardianship or the reasons supporting the claim that notice should not be required.
D. An ex parte order of temporary guardianship shall:
(1) Continue until a hearing on the motion for guardianship or modification of guardianship is held and guardianship is established or denied by the court.
(2) Provide the date on which the ex parte order is signed and the date and hour of the hearing on the motion for guardianship or modification of the guardianship.
Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2022, No. 272, §1.
2023 Louisiana Laws › Children's Code › Art. 725. Findings and purpose

CHAPTER 20. SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN
Art. 725. Findings and purpose
The legislature finds that arresting, prosecuting, and incarcerating victimized children serves to re-traumatize them and to increase their feelings of low self-esteem, which only makes the process of recovery more difficult. Both federal and international law recognize that sexually exploited children are the victims of crime and should be treated as such. Therefore, sexually exploited children should not be prosecuted for criminal acts related to prostitution. Instead, sexually exploited children should, where possible, be diverted into services that address the needs of these children outside of the justice system. Sexually exploited children deserve the protection of child welfare services, including diversion, crisis intervention, counseling, and emergency housing services. The purpose of this Chapter is to protect a child from further victimization after the child is discovered to be a sexually exploited child by ensuring that a child protective response is in place in the state. This is to be accomplished by presuming that any child engaged in prostitution, prostitution by massage, or crime against nature by solicitation is a victim of sex trafficking and providing these children with the appropriate care and services where possible. In determining the need for and capacity of services that may be provided, the Department of Children and Family Services shall recognize that sexually exploited children have separate and distinct service needs according to gender, and every effort should be made to ensure these children are not prosecuted or treated as juvenile delinquents, but instead are given the appropriate social services.
Acts 2013, No. 429, §3, eff. June 24, 2013.
2023 Louisiana Laws › Children's Code › Art. 725.1. Definitions

Art. 725.1. Definitions
As used in this Chapter, the following terms and phrases shall have the following meaning, unless the context requires otherwise:
(1) "Department" means the Department of Children and Family Services.
(2) "Safe house" means a residential facility or a shelter care facility operated by an authorized agency, including a nonprofit agency, with experience in providing services to sexually exploited children and approved by the department to provide shelter for sexually exploited children.
(3) "Sexually exploited child" means any person under the age of eighteen who has been subject to sexual exploitation because the person either:
(a) Is a victim of trafficking of children for sexual purposes under R.S. 14:46.3.
(b) Is a victim of child sex trafficking under 18 U.S.C. 1591.
Acts 2013, No. 429, §3, eff. June 24, 2013; Acts 2017, No. 376, §1.
2023 Louisiana Laws › Children's Code › Art. 725.2. Safe house for sexually exploited children

Art. 725.2. Safe house for sexually exploited children
A.(1) The department shall identify and maintain a current listing of safe houses which are licensed residential homes that specialize in the provision of services to sexually exploited children, regardless of whether those facilities receive taxpayer funding. This listing shall be made available to the governor's office of human trafficking prevention and to courts, prosecutors, and other stakeholders involved in proceedings pertaining to an exploited child.
(2) The department may, to the extent funds are available, operate or contract with an appropriate nongovernmental agency with experience working with sexually exploited children to operate one or more safe houses in a geographically appropriate area of the state.
(3) Each safe house shall provide safe and secure housing and specialized services for sexually exploited children.
(4) Nothing in this Article shall be construed to preclude an agency from applying for and accepting grants, gifts, and bequests for funds from private individuals, foundations, and the federal government for the purpose of creating or carrying out the duties of a safe house for sexually exploited children.
B. Each safe house listed with the department to provide services to sexually exploited children pursuant to the provisions of this Article shall submit to the governor's office of human trafficking prevention and to the department an annual report on their operations including information on the services offered, a listing of credentials, training, and licenses specific to survivor-centered and trauma-informed services for human trafficking survivors, geographic areas served, number of children served, and individual status updates on each child served. This information shall not include the name, address, or other identifying information of the child served. The governor's office of human trafficking prevention shall compile the data from all the reports submitted by each safe house pursuant to the provisions of this Article and shall provide this information in an annual report to the legislature on or before the first day of February each year.
Acts 2013, No. 429, §3, eff. June 24, 2013; Acts 2014, No. 564, §7; Acts 2017, No. 376, §1; Acts 2021, No. 352, §3, eff. June 17, 2021.
2023 Louisiana Laws › Children's Code › Art. 725.3. Statewide protocol

Art. 725.3. Statewide protocol; applicability of child in need of care procedure
A. The department shall develop a statewide protocol for helping to coordinate the delivery of services to sexually exploited children and shall work with court intake officers to ensure that all state, federal, and community-based resources for sexually exploited children are known to children who have been granted diversion under Article 839.
B. A child who is a victim of human trafficking is a child in need of care, and unless otherwise specified in this Chapter, the provisions of Title VI of this Code shall govern, when applicable.
Acts 2013, No. 429, §3, eff. June 24, 2013; Acts 2017, No. 376, §1.
2023 Louisiana Laws › Children's Code › Art. 725.4. Duties of law enforcement

Art. 725.4. Duties of law enforcement
The officer shall notify the Crime Victims Services Bureau of the Department of Public Safety and Corrections that the child may be eligible for special services and, as a mandatory reporter as required by Children's Code Article 610, shall notify the Department of Children and Family Services that the child is in need of protective services.
Acts 2017, No. 376, §1.
2023 Louisiana Laws › Children's Code › Art. 725.5. Duties of the Department of Children and Family Services

Art. 725.5. Duties of the Department of Children and Family Services
A. The department shall be responsible for investigating reports of abuse or neglect where the abuser is believed to be a parent or caretaker, a person who maintains an interpersonal dating or engagement relationship with the parent or caretaker, or a person living in the same residence with the parent or caretaker as a spouse whether married or not.
B. The department shall fully cooperate with law enforcement, prosecutors, and court staff in the investigation and prosecution of child sexual exploitation, including ensuring that all state, federal, and community-based resources for sexually exploited children are known to the child.
C. The department shall maintain a current listing of licensed residential homes that specialize in the provision of services to exploited children. This listing shall be made available to courts, prosecutors, law enforcement, and other stakeholders involved in proceedings pertaining an exploited child.
D. The department shall cooperate with the prosecution of any perpetrator of child exploitation.
E. The department shall develop policies that reflect best practices. It shall consider all protocols developed by the Louisiana Human Trafficking Commission and assist in compiling data requested by the commission when available.
Acts 2017, No. 376, §1.
2023 Louisiana Laws › Children's Code › Art. 725.6. Victim confidentiality

Art. 725.6. Victim confidentiality
In addition to the protections of Article 412, law enforcement officers, investigators, prosecutors, and service providers shall keep confidential all reports and records of sexual exploitation, including the existence of such records. The identity, pictures, and images of the child victim and his family shall be confidential except to the extent that disclosure is:
(1) Essential for the purposes of investigation or prosecution.
(2) Required by court order.
(3) Necessary to ensure services.
Acts 2017, No. 376, §1.
2023 Louisiana Laws › Children's Code › Art. 726. Purpose

TITLE VII.
FAMILIES IN NEED OF SERVICES
CHAPTER 1. PRELIMINARY PROVISIONS; DEFINITIONS
Art. 726. Purpose
The purpose of this Title is to define self-destructive behaviors by the child and conduct by other family members which contribute to the child's harm and which warrant court intervention in the family's life so that appropriate services to remedy the family's dysfunction can be secured; to secure the effectiveness of the court's intervention by explicitly confirming its duty to obtain the cooperation and coordination of all public institutions or agencies having responsibility to supply services to any member of the family referred to the court; to establish a family service plan binding upon all family members and the appropriate service providers; and to protect the integrity of the family by authorizing adjudication and the imposition of a dispositional judgment requiring participation in a plan of services only after all available voluntary alternatives have been exhausted.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 728. Definitions

Art. 728. Definitions
As used in this Title:
(1) "Caretaker" means any person providing a residence for the child or any person legally obligated to provide or secure adequate care for the child, including a parent, tutor, guardian, or legal custodian.
(2) "Child" means a person under eighteen years of age who, prior to proceedings under this Title, has not been judicially emancipated or emancipated by marriage.
(3) "Runaway" means the continued absence of the child from the home of his caretaker without the caretaker's consent.
(3.1) Repealed by Acts 2004, No. 484, §3.
(4) "Sexually exploited child" means any person under the age of eighteen who has been subject to sexual exploitation because the person either:
(a) Is a victim of trafficking of children for sexual purposes under R.S. 14:46.3.
(b) Is a victim of child sex trafficking under 18 U.S.C. 1591.
(5) "Truant" means the repeated or habitual unauthorized absence or tardiness of a child from school pursuant to the provisions of R.S. 17:233 by a child who is subject to the compulsory attendance laws of this state.
(6) "Ungovernable" means the child's habitual disregard of the lawful and reasonable demands of his caretakers and that the child is beyond their control.
Acts 1991, No. 235, §7; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 1313, §1; Acts 2004, No. 484, §3; Acts 2009, No. 305, §3; Acts 2013, No. 429, §3, eff. June 24, 2013; Acts 2017, No. 362, §1.
2023 Louisiana Laws › Children's Code › Art. 729. Persons subject to proceedings

CHAPTER 2. PERSONS SUBJECT TO PROCEEDINGS;
GROUNDS; COMPLAINT
Art. 729. Persons subject to proceedings
A court exercising juvenile jurisdiction shall have exclusive original jurisdiction, in conformity with any special rules prescribed by law, over any child, his caretaker, or any other member of the child's family, who is alleged to be in need of services, as well as over any employee of a public institution or agency having legal responsibility and ability to supply the needed services.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 729.1. Venue

Art. 729.1. Venue
A proceeding under this Title may be commenced in the parish in which the child is residing with his parent or tutor, the parish in which the child is residing with his caretaker, 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. Whenever this Title requires that a hearing be convened within twenty-four hours of a child's entry into custody, in a multiparish judicial district, the hearing may be held in any parish within the judicial district.
Acts 1999, No. 1313, §1.
2023 Louisiana Laws › Children's Code › Art. 730. Grounds

Art. 730. Grounds
Allegations that a family is in need of services must assert whether the child is currently under the supervision of any state or local entity including, but not limited to, the Department of Children and Family Services or the Department of Public Safety and Corrections, youth services, the office of juvenile justice, and assert one or more of the following grounds:
(1) That a child is truant or has willfully and repeatedly violated lawful school rules.
(2) That a child is ungovernable.
(3) That a child is a runaway.
(4) That a child has repeatedly possessed or consumed intoxicating beverages, or that he has misrepresented or deceived his age for the purpose of purchasing or receiving such beverages from any person, or has repeatedly loitered around any place where such beverages are the principal commodities sold or handled.
(5) That a child has committed an offense applicable only to children.
(6) That a child under ten years of age has committed any act which if committed by an adult would be a crime under any federal, state, or local law.
(7) That a caretaker has caused, encouraged, or contributed to the child's behaviors enumerated in this Article or to the commission of delinquent acts as defined in Title VIII.
(8) That, after notice, a caretaker has willfully failed to attend a meeting with the child's teacher, school principal, or other appropriate school employee to discuss the child's truancy, the child's repeated violation of school rules, or other serious educational problems of the child.
(9) That a child has been found incompetent to proceed with a delinquency matter under Article 832 et seq.
(10) Repealed by Acts 2012, No. 730, §2.
(11) A child found to have engaged in cyberbullying.
Acts 1991, No. 235, §7; Acts 1994, 3rd Ex. Sess., No. 45, §3; Acts 1995, No. 444, §1, eff. June 17, 1995; Acts 1999, No. 784, §1; Acts 1999, No. 1313, §2; Acts 2004, No. 485, §1, eff. Jan. 1, 2005; Acts 2010, No. 989, §1; Acts 2012, No. 660, §1; Acts 2012, No. 730, §2.
2023 Louisiana Laws › Children's Code › Art. 731. Complaint

Art. 731. Complaint
A. A caretaker, other adult family member, any representative of an agency having the responsibility or ability to supply services to a family, or any other person authorized by the court may file a complaint which alleges one or more of the grounds enumerated in Article 730. Referring entities shall utilize all appropriate and available resources prior to filing a complaint and provide documentation of all steps taken at the time the complaint is filed. If the referring entity is a school, it shall at a minimum document meetings with the child, meetings with the child's caretaker, and referral of the child to school behavior support personnel.
B. The complaint shall be in writing but may make allegations of fact on information and belief.
C. The complaint shall set forth with specificity:
(1) The name, date and place of birth, sex, race, address, and present location of the child.
(2) The name, age, sex, and current address of the child's parents or other caretakers.
(3) The name, age, and sex of any other family members living within the child's 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) Whether the child is currently under the supervision of any state or local entity, including but not limited to, the Department of Children and Family Services or the Department of Public Safety and Corrections, youth services, or the office of juvenile justice.
D. If any of the information required by Paragraph C of this Article is unknown, the complaint shall so allege.
Acts 1991, No. 235, §7; Acts 1997, No. 612, §2; Acts 2012, No. 660, §1.
2023 Louisiana Laws › Children's Code › Art. 732. Duties of intake officer

CHAPTER 3. DUTIES OF INTAKE OFFICER
Art. 732. Duties of intake officer
A. The court shall designate any individual, except a person authorized to file a petition, who will serve as the intake officer for the court in families in need of services cases.
B. Unless otherwise specified by the court, the duties of the intake officer shall include:
(1) Responsibility for receiving all complaints alleging that a family is in need of services.
(2) Responsibility for conducting a preliminary investigation into the merits of the allegations.
(3) Responsibility for identifying any public institutions or agencies having the legal responsibility and ability to supply any needed services.
(4) Scheduling the conference authorized by Article 743 and notifying all parties of the time and place of the conference.
(5) Conducting the Informal Family Services Plan conference and writing the resulting agreement, if any.
(6) Coordinating the implementation of the resulting agreement, if any.
(7) Referring the case for petition and an adjudication hearing, if necessary.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.
2023 Louisiana Laws › Children's Code › Art. 733. Instanter orders of custody

CHAPTER 4. PREADJUDICATION CUSTODY AND
RELEASE OF CHILDREN
Art. 733. Instanter orders of custody
A. A peace officer, probation officer, district attorney, or other person designated by the court may file a verified complaint alleging facts showing that there are reasonable grounds to believe that the family is in need of services and that emergency removal of the child from his home is necessary to secure the child's protection or control.
B. If the court determines that the child's welfare cannot be safeguarded without removal, the court may issue an instanter order directing that the child be taken into custody.
C. The order shall specify the place of the child's prehearing placement in accordance with Article 737.
D. An instanter order may be executed by any peace officer having territorial jurisdiction over the child or any other person designated by the court.
E. Any peace officer having territorial jurisdiction over the child or any other person designated by the court may serve a summons upon a caretaker to appear at court for a hearing. A copy of the summons shall be filed in the record as proof of service.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.
2023 Louisiana Laws › Children's Code › Art. 733.1. Stop of child absent from school; transportation to school facility

Art. 733.1. Stop of child absent from school; transportation to school facility
A. In addition to the authority provided in Article 736, a peace officer, probation officer, or school attendance officer may briefly detain any child from the age of seven through sixteen whom the officer reasonably believes to be absent from school during normal school hours and the officer may question the child about his reasons for being absent.
B. If based on this inquiry the officer has reasonable grounds to believe that the child is absent from school without justification, the officer may release the child to his parents or transport the child to the appropriate administrator of the child's assigned school or to a receiving center designated by the parish school board for acceptance of such children.
C. Upon the child's transportation to either school or receiving center, the administrator shall promptly notify the child's parents.
D. If the officer has reasonable grounds to believe that the child is truant or that the family is otherwise in need of services, the officer or administrator may file a complaint pursuant to Article 731.
Acts 1994, 3rd Ex. Sess., No. 114, §1; Acts 1995, No. 1095, §3.
2023 Louisiana Laws › Children's Code › Art. 734. Oral instanter orders

Art. 734. Oral instanter orders
A. In exceptional circumstances, the facts supporting the issuance of an instanter order and the exceptional circumstances may be relayed orally, including telephonically, to the judge and his order directing that a child be taken into custody may be issued orally.
B. In such cases, an affidavit containing the information previously relayed orally, including telephonically, shall be filed with the clerk of the court within twenty-four hours and a written order shall be issued.
C. If the affidavit is filed after the child has been taken into custody, it shall indicate whether the child was released to his parents or continued in custody, and if so, the prehearing placement to which the child was taken.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.
2023 Louisiana Laws › Children's Code › Art. 735. Taking child into custody with a court order

Art. 735. Taking child into custody with a court order
A. The court may issue an order directing that a child be taken into custody upon presentation to the court of a written verified complaint by a peace officer, probation officer, district attorney, or other person designated by the court alleging facts showing that there are reasonable grounds to believe that the child's family is in need of services and that the child's conduct or surroundings are such as to endanger his welfare and that immediate removal appears to be necessary for his protection or control.
B. In exceptional cases, the facts supporting the issuance of this order may be relayed telephonically or orally to the judge and his order directing that a child be taken into custody may be issued orally. In such cases, the requirements of Article 734(B) and (C) must be followed.
C. An order directing that a child be taken into custody may be executed by a peace officer or probation officer having territorial jurisdiction over the child.
D. The order shall specify the child's prehearing placement in accordance with Article 737.
Acts 1991, No. 235, §7; Acts 1995, No. 1095, §3; Acts 1999, No. 1313, §1.