reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Children's Code › Art. 781. Disposition; generally

Art. 781. Disposition; generally
A. The court shall impose the least restrictive disposition which the court finds is consistent with the circumstances of the case, the needs of the child, and the best interest of society.
B. If the court commits a child to a private institution or agency, it shall select one that has been licensed under state law, if licensure is required by law for such an institution or agency.
C. In committing a child to the custody of an individual or a private agency or institution, the court shall, whenever practicable, select a person, agency, or institution of the same religious affiliation as the child or his parents.
D. A child shall not be committed to a public or private mental institution or institution for persons with mental illness unless the court finds, based on psychological or psychiatric evaluation, that the child has a mental disorder, other than an intellectual disability, which has a substantial adverse effect on his ability to function and requires care and treatment in an institution. When the child is in the custody of the state of Louisiana, this finding shall not be made without the representation of the child by an attorney appointed from the Mental Health Advocacy Service, unless such attorneys are unavailable as determined by the director or the child retains private counsel who shall represent only the interest of the child. The Mental Health Advocacy Service's attorney so appointed shall continue to represent the child in any proceeding relating to admission, change of status, or discharge from the mental hospital or psychiatric unit. Upon modification of the disposition to a placement other than a mental hospital or psychiatric unit, the Mental Health Advocacy Service's attorney shall be relieved of representation of the child.
E. A child shall not be committed to a public or private institution for persons with intellectual disabilities unless the court finds, based on psychological or psychiatric evaluation, that the child has an intellectual disability and such condition has a substantial adverse effect on his ability to function and requires care and treatment in an institution.
Acts 1991, No. 235, §7; Acts 1995, No. 1095, §3; Acts 2014, No. 811, §33, eff. June 23, 2014.
2023 Louisiana Laws › Children's Code › Art. 781.1. Probation and parole supervision fees

Art. 781.1. Probation and parole supervision fees
A. When the court suspends the imposition or execution of sentence and places the child or his parent or both on supervised probation or grants the child supervised parole, and the probationer or parolee is to be supervised by the Department of Public Safety and Corrections or any other agency, the court shall order payment, as a condition of probation or parole, of a monthly supervision fee. The supervision fee imposed shall be not less than ten nor more than one hundred dollars per month and shall be payable to the department or other supervising agency to defray the costs of supervision. These funds are only to supplement the level of funds that would ordinarily be available from regular state or other appropriations.
B. The parent is responsible for payment of any supervision fee imposed and is subject to contempt of court for failure to pay such fees. The parent shall not be subject to judicial sanctions for failure to pay supervision fees if the failure was due to financial inability to pay based upon reasonable expenses for the necessities of life.
Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1995, No. 794, §1.
2023 Louisiana Laws › Children's Code › Art. 782. Judgment of disposition

Art. 782. Judgment of disposition
A. The court shall enter into the record a written judgment of disposition specifying the following:
(1) The nature of the disposition, including the responsibilities of the child, his caretakers, and public providers in securing or providing needed, particularized services for the family members.
(2) The maximum duration of the disposition.
(3) The agency, institution, or person to whom the child is assigned.
(4) How the needed services are to be paid for.
(5) Any other applicable terms and conditions regarding the disposition.
(6) A warning in substantially the following form: "If you do not obey each and every condition and rule of this order, you may be placed in a juvenile shelter or detention facility."
(7) The nature of Families in Need of Services proceedings in accordance with Article 792 and the confidentiality of Families in Need of Services records in accordance with Article 793.
B. If the child is to remain within his family's home, the order shall also reflect the name of the representative of any institution or agency required to provide services who is to be held personally responsible for their provision.
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 of disposition.
D. The date of entry of the judgment of disposition shall be recorded on the judgment.
E. A copy of the judgment shall be furnished to all parties.
Acts 1991, No. 235, §7; Acts 1995, No. 1095, §3; Acts 2017, No. 362, §1.
2023 Louisiana Laws › Children's Code › Art. 783. Parent's contribution to costs of care and treatment

Art. 783. Parent's contribution to costs of care and treatment
A. As a part of any judgment of disposition assigning a child to custody other than that of the child's parents, the court may, after giving the parent a reasonable opportunity to be heard, order that such parent contribute to the cost of care of the child in an amount commensurate with the parent's ability to pay for such care.
B. When any public agency or institution has provided or will provide payment for care and treatment of the child, the payments by the parent shall be made directly to that public agency or institution and shall, immediately upon receipt, be deposited in the state treasury. In the event of default in the payment of costs of care by the parent, the agency or institution may exercise all administrative and legal alternatives provided by law or regulation to enforce the provisions of this Article.
C. When care and treatment of the child is to be provided by some caretaker other than a public agency or institution, the payments by the parent shall be made according to the court's order. In the event of default in the payment of costs of care by the parent, he may be proceeded against as provided by Chapter 2 or 4 of Title XV, Chapter 1 of Title XIII,* or Title X.
Acts 1991, No. 235, §7.
*AS APPEARS IN ENROLLED BILL. TITLE XIII OF THE CHILDREN'S CODE WAS NOT ENACTED INTO LAW. SEE NOW, GENERALLY, R.S. 14:74 ET SEQ.
2023 Louisiana Laws › Children's Code › Art. 785. Applicability

CHAPTER 13. CASE REVIEW PROCEDURE;
REPORTS; REVIEW HEARINGS
Art. 785. Applicability
If at any point in families in need of services proceedings the child is removed from his caretaker's care and control and placed in the custody of a child care agency, the provisions of Chapters 15 and 16 of Title VI shall govern the subsequent review process until such time as the child achieves a permanent placement as defined by that Title.
Acts 1991, No. 235, §7.
2023 Louisiana Laws › Children's Code › Art. 787. Motion to modify judgment of disposition

Art. 787. 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, a probation officer, any child of the family, a caretaker, any individual or agency to whom the child's custody has been assigned, or the duly authorized representative of an institution or agency providing services to the family under the court's disposition order.
B. A motion to modify a judgment of disposition to impose less restrictive conditions may be denied without a contradictory hearing. 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 a probation officer, 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, §7.
2023 Louisiana Laws › Children's Code › Art. 788. Service of motion to modify

Art. 788. Service of motion to modify
A. A copy of a motion to modify shall be served upon any affected child, his caretaker, the district attorney, the duly authorized representative of any affected institution or agency providing services, 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, §7.
2023 Louisiana Laws › Children's Code › Art. 791. Contempt; prehearing detention

Art. 791. Contempt; prehearing detention
A. If there are reasonable grounds to believe that the child has violated the terms of a judgment of disposition, the child may be taken into custody in accordance with Article 735 or 736.
B. If, in addition, there are reasonable grounds to believe that taking the child into custody is necessary for his protection or control or to assure the child's appearance at the contempt hearing, the child may be taken into custody to a secure detention facility in accordance with Article 735 or 736.
C. The peace officer, probation officer, or an appropriate representative of the arresting agency shall have the authority and responsibility to transport the child to such shelter care facility or detention facility.
D. If the child is taken to a shelter care facility or detention facility, there shall be a hearing within twenty-four hours, exclusive of legal holidays, to determine whether:
(1) A judgment of disposition was entered in compliance with Article 782.
(2) Reasonable grounds exist that the child has violated the judgment of disposition.
E. If the requirements of Paragraph D are met, the child may be detained for up to three days pending a hearing on the rule for contempt. This time limitation shall run from the time of the reasonable grounds determination or the taking into custody, whichever is later.
F. A child shall not be detained in a secure juvenile detention facility for any alleged violation of an informal family services plan agreement.
Acts 1995, No. 1095, §3; Acts 1999, No. 1313, §1.
2023 Louisiana Laws › Children's Code › Art. 791.1. Purpose

CHAPTER 15. TRUANCY ASSESSMENT SERVICE CENTERS
Art. 791.1. Purpose
The purpose of this Chapter is to authorize the creation of truancy assessment service centers. Truancy has long been demonstrated nationwide as a primary indicator of a path to juvenile delinquency. Parishes and judicial districts have demonstrated a willingness to address truancy by providing a physical location in each parish where personnel from local schools, law enforcement, courts exercising jurisdiction over juveniles, district attorneys, correction and substance abuse counselors, and family and child-serving agencies can work together in a coordinated effort. Early intervention has been demonstrated as the key to providing the greatest chance for correcting the actions of juveniles who demonstrate a propensity for destructive or criminal behavior. The earliest possible venue for addressing the problem begins in kindergarten. By intervening at this phase, it is possible to correct potential delinquent behavior before the chances for correction become insurmountable. The centers will address the underlying causes of truancy by pooling existing resources targeted at the child and family through appropriate action by service and treatment agencies.
Acts 1999, No. 1372, §1; Acts 2001, No. 745, §1; Acts 2002, 1st Ex. Sess., No. 24, §1; Acts 2003, No. 277, §1; Acts 2003, No. 377, §1; Acts 2004, No. 570, §1; Acts 2007, No. 169, §1, eff. June 27, 2007; Acts 2023, No. 387, §1, eff. June 14, 2023.
2023 Louisiana Laws › Children's Code › Art. 791.2. Parish involvement

Art. 791.2. Parish involvement
Duly authorized representatives of the school board; law enforcement including the sheriffs' offices and city and municipal police offices; courts exercising jurisdiction over juveniles and their parents and guardians; and offices of the district attorney, corrections and designated service providers shall sign interagency agreements specific to each parish which represents a commitment by each entity to agree to provide the following types of services:
(1) School boards and their systems in general will assist child welfare and attendance officers in creating student background data, including attendance records, unexcused absences, conduct violations, discipline records, report cards, and transcripts as permitted by law. School systems will also provide access to all school-based education, counseling, and related services.
(2) Law enforcement agencies in a parish, including the sheriff and municipal and local police, generally will provide selective transportation of youth to the centers and in-kind service identification of truants through regular law enforcement operations and provide for a presence at a center.
(3) Families in need of services personnel will work in partnership with the child welfare and attendance officers to monitor client progress, file all petitions in the cases of noncompliance of the plan for court appearance, and coordinate other services.
(4) Courts having jurisdiction over juveniles and their families will work with collaborating agencies to identify youth and monitor treatment plan progress and, to the degree possible, assist the center in obtaining and utilizing a continuum of services and sanctions for identified youth. The courts in conjunction with the district attorneys will direct formal court action on noncompliance cases and integrate the needs of truant youth with existing drug treatment court programs.
(5) Through multiagency collaborative efforts between various community service organization services, there will be a unified effort to provide services related to child abuse and neglect to identified youth. Service and treatment plans will be developed, including mental health evaluation and treatment; with parental substance abuse evaluation and treatment, educational evaluation, probation services, and alternative school placement and guidance.1
(6) The various offices of the district attorneys will designate prosecutors to work with the district and juvenile courts to develop and implement a coordinated effort to deal with truants and their families early in their court involvement and assist with data follow-up and outcome evaluation. Additionally, the offices of the district attorneys, if necessary, will institute charges that may be levied against the family when they are noncompliant with the service plan.
Acts 1999, No. 1372, §1; Acts 2001, No. 745, §1; Acts 2007, No. 169, §1, eff. June 27, 2007.
1As appears in enrolled bill.
2023 Louisiana Laws › Children's Code › Art. 791.3. State, state agencies; participation

Art. 791.3. State, state agencies; participation
A. The state recognizes that juvenile crime is a statewide problem which is increasing and which adversely affects all its citizens starting with the child and family. In metropolitan areas of the state, juvenile courts report that almost all of its families under the Families in Need of Services program involve school-related issues and the overwhelming majority are truant cases involving children below the age of twelve. "Out-of-school" suspension rates in elementary schools are comparable to those of middle and junior high schools.
B. The state is obligated to provide certain social and health care services to needy families through the Department of Children and Family Services and the Louisiana Department of Health. These services for assessment and psychiatric evaluation and treatment, if deemed needed, must be continued. The state substance abuse clinics, through its employees and contracted programs, shall accept referrals for substance abuse evaluation and treatment if warranted. The legislature recognizes that each parish included in this Chapter has committed through binding interagency agreements to provide certain enumerated services, including providing physical space. This commitment by the parishes is predicated on financial assistance from the state in order to fully comply with the creation of truancy assessment service centers. Additionally, in order to support each truancy assessment service center with sufficient services pursuant to this Chapter, the state will continue to provide social and health-related services where available.
Acts 1999, No. 1372, §1; Acts 2023, No. 387, §2, eff. June 14, 2023.
2023 Louisiana Laws › Children's Code › Art. 791.4. Monitoring

Art. 791.4. Monitoring
A. In order to determine the effectiveness of the program, the Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall develop and implement a monitoring and evaluation program subject to state funding.
B. The commission may also develop and implement a monitoring and evaluation program for all parishes with truancy assessment service centers subject to state funding.
Acts 1999, No. 1372, §1; Acts 2001, No. 745, §1; Acts 2004, No. 570, §1; Acts 2007, No. 169, §1, eff. June 27, 2007; Acts 2023, No. 387, §1, eff. June 14, 2023.
2023 Louisiana Laws › Children's Code › Art. 791.5. Reporting; operation

Art. 791.5. Reporting; operation
A. The Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall report statistical data indicating the effectiveness of this program to the Joint Legislative Committee on the Budget for use by the committee in consideration of continuation or expansion of the program.
B. The provisions of this Chapter with respect to any parish which has a truancy assessment service center shall be operational subject to appropriation by the legislature to the commission.
C. The commission may use appropriated funds to provide for the reasonable costs of administering the provisions of this Chapter and to provide funding for the local truancy assessment service centers.
Acts 2001, No. 745, §1; Acts 2004, No. 570, §1; Acts 2007, No. 169, §1, eff. June 27, 2007; Acts 2023, No. 387, §1, eff. June 14, 2023.
2023 Louisiana Laws › Children's Code › Art. 793. Records

Art. 793. Records
A. The confidentiality of Family in Need of Services records, including the existence of such records, shall be preserved and shall not be disclosed by any record custodian without the consent of the child or order of the court in accordance with Article 412.
B. Records and reports concerning any Families in Need of Services matter shall not be identified, maintained, or otherwise handled by the court or by any other agency or person as a juvenile delinquency or criminal matter.
Acts 2017, No. 362, §1.
2023 Louisiana Laws › Children's Code › Art. 793.1. Early intervention programs; authorization; purpose

CHAPTER 16. EARLY INTERVENTION PROGRAMS
Art. 793.1. Early intervention programs; authorization; purpose
The purpose of this Article and Articles 793.2 through 793.4 is to authorize the creation of early intervention programs, hereinafter referred to as the "program", in the parishes of East Baton Rouge, Iberia, St. Mary, and St. Martin. The purpose of the program shall be to address the underlying causes of behavioral problems and school performance problems related to behavior by pooling existing resources targeted at the child and family through appropriate action by service and treatment providers. The legislature finds:
(1) Research indicates that early identification and intervention of aggressive, antisocial, or delinquent behaviors are critical to the prevention of juvenile delinquency in later years.
(2) Research also indicates that school-based preventive tactics for violent or aggressive behaviors are beneficial to the overall academic success of children, especially when such programs include parental involvement in prevention and intervention strategies.
(3)(a) The district attorney of Iberia, St. Mary, and St. Martin parishes, in conjunction with the local school boards in such parishes, has demonstrated a willingness to address behavioral problems or school performance problems related to behavior by providing physical locations in each parish where personnel can work together in a coordinated effort.
(b) The district attorney of East Baton Rouge Parish, in conjunction with the local school boards in such parish, has demonstrated a willingness to address behavioral problems or school performance problems related to behavior by providing physical locations in the parish where personnel can work together in a coordinated effort.
(4) Early intervention has been demonstrated as the key to providing the greatest chance for correcting the actions of youth who demonstrate a propensity for destructive or criminal behavior.
(5) The earliest possible venue for addressing the problem begins in the elementary grades.
(6) By intervening at this phase, it is possible to correct potential delinquent behavior before the changes for correction become insurmountable.
Acts 2004, No. 852, §1, eff. July 12, 2004; Acts 2009, No. 132, §1, eff. June 25, 2009; Acts 2014, No. 479, §1.
2023 Louisiana Laws › Children's Code › Art. 793.3. Reporting; funding; implementation; termination

Art. 793.3. Reporting; funding; implementation; termination
A. No later than June fifteenth of each year, the district attorney shall report statistical data indicating the effectiveness of the program to the appropriate standing committees of the legislature for use by the committees in consideration of expansion of the program.
B. The program shall be implemented with fidelity to the Sixteenth Judicial District prosecutor's Early Intervention Program model, in three phases as follows:
(1) Phase one shall be implemented in grades pre-kindergarten through six.
(2) Phase two shall be implemented in grades seven and eight.
(3) Phase three shall be implemented in grades nine through twelve.
C. All children who enroll in a public school within the Sixteenth Judicial District or the Nineteenth Judicial District in grades pre-kindergarten to sixth shall be required to follow all compulsory attendance requirements in R.S. 17:221 et seq. and all families in need of services provisions in Children's Code Article 726 et seq.
D. The implementation of this program may be subject to appropriation of funds by the legislature for such purpose.
E. Repealed by Acts 2009, No. 132, §2, eff. June 25, 2009.
Acts 2004, No. 852, §1, eff. July 12, 2004; Acts 2009, No. 132, §§1, 2, eff. June 25, 2009; Acts 2014, No. 479, §1; Acts 2015, No. 203, §1.
2023 Louisiana Laws › Children's Code › Art. 793.4. Early intervention fund; fees collected

Art. 793.4. Early intervention fund; fees collected
A. In all criminal matters except for matters involving traffic violations in the parishes of East Baton Rouge, Iberia, St. Mary, and St. Martin, there shall be taxed against every defendant who is convicted after trial or after a plea of guilty or nolo contendere or who forfeits his bond, a sum in the amount of twenty-five dollars for each misdemeanor and fifty dollars for each felony, which shall be in addition to all other fines, costs, or forfeitures lawfully imposed, and which shall be transmitted to the sheriff of the respective parish for further disposition in accordance with the provisions of this Article.
B.(1) The sheriff of the respective parish in the Sixteenth Judicial District shall deposit all sums collected or received pursuant to this Article in a separate account to be designated as the Sixteenth Judicial District Attorney Early Intervention Fund.
(2) The sheriff of East Baton Rouge Parish shall deposit all sums collected or received pursuant to this Article in a separate account to be designated as the Nineteenth Judicial District Attorney Early Intervention Fund.
C. The sheriff shall remit on a quarterly basis funds collected in such account to the office of the district attorney of the respective parish.
D. The district attorney shall cause to be conducted on an annual basis an audit of the fund and the books and accounts relating thereto and shall file such audit information with the office of the legislative auditor where it shall be available for public inspection.
E. In matters involving any court other than the district court, the clerk of court or the appropriate court personnel shall remit the money to the sheriff of the respective parish.
Acts 2004, No. 852, §1, eff. July 12, 2004; Acts 2014, No. 479, §1.
2023 Louisiana Laws › Children's Code › Art. 801. Purpose

TITLE VIII
DELINQUENCY
CHAPTER 1. PRELIMINARY PROVISIONS; DEFINITIONS
Art. 801. Purpose
The purpose of this Title is to accord due process to each child who is accused of having committed a delinquent act and ensure that he shall receive, preferably in his own home, the care, guidance, and control that will be conducive to his welfare and the best interests of the state and that in those instances when he is removed from the control of his parents, the court shall secure for him care as nearly as possible equivalent to that which the parents should have given him.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 430, §2; Acts 2018, No. 467, §2.
2023 Louisiana Laws › Children's Code › Art. 803. Applicability of Title procedures; supplemental procedures

Art. 803. Applicability of Title procedures; supplemental procedures
The provisions of this Title shall govern and regulate delinquency proceedings of courts exercising juvenile jurisdiction. Where procedures are not provided in this Title, or otherwise by this Code, the court shall proceed in accordance with the Code of Criminal Procedure.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 808. Constitutional rights of accused delinquents

CHAPTER 3. CONSTITUTIONAL RIGHTS
Art. 808. Constitutional rights of accused delinquents
All rights guaranteed to criminal defendants by the Constitution of the United States or the Constitution of Louisiana, except the right to jury trial, shall be applicable in juvenile court proceedings brought under this Title.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 809. Right to counsel

Art. 809. Right to counsel
A. At every stage of proceedings under this Title, the accused child shall be entitled to the assistance of counsel at state expense. The court shall appoint counsel or refer the child for representation by the district public defender.
B. If a parent secures the services of retained counsel, the court-appointed counsel or public defender shall continue to represent the child until retained counsel has enrolled as counsel of record.
C. No child shall be admitted in accordance with this Title to a public or private mental institution or institution for persons with mental illness nor shall proceedings in accordance with Chapter 7 of this Title or Article 869 go forward unless he has been represented by retained private counsel who represents only the child's interest or by an attorney from the Mental Health Advocacy Service, unless its executive director has determined that its attorneys are unavailable. Any attorney from the Mental Health Advocacy Service so appointed shall continue to represent the child in any proceeding relating to admission, change of status, or discharge from the mental hospital or psychiatric unit. Upon modification of the disposition to placement other than a mental hospital or psychiatric unit, the Mental Health Advocacy Service's attorney shall be relieved of representation of the child upon request of the Mental Health Advocacy Service or the child.
D. If the court finds that the interests of the child and his parent or caretaker conflict, or if required in the interests of justice, the court shall appoint an attorney to represent the child or refer him for representation by the district public defender.
E. The clerk of court shall promptly send notice of appointment to any attorney appointed in accordance with this Article.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2004, No. 776, §1; Acts 2006, No. 266, §1; Acts 2007, No. 307, §9; Acts 2010, No. 593, §1; Acts 2014, No. 811, §33, eff. June 23, 2014.
2023 Louisiana Laws › Children's Code › Art. 810. Waiver of right to counsel

Art. 810. Waiver of right to counsel
A. The court may allow a child to waive the assistance of counsel if the court determines that all of the following exists:
(1) The child has consulted with an attorney, parent, or, if no parent, a caretaker as defined in Children's Code Article 728.
(2) That both the child and the adult consulting with the child as provided in Subparagraph (A)(1) of this Article have been instructed by the court about the child's rights and the possible consequences of waiver.
(3) That the child is competent and is knowingly and voluntarily waiving his right to counsel.
B. Such waiver may be accepted at any stage in the proceedings and shall be evidenced by a writing reciting the requirements contained in Paragraph A of this Article and signed by the child and the adult consulting with the child and filed in the record or by a verbatim transcript of the proceedings which demonstrates compliance with Paragraph A of this Article.
C. The court shall appoint an attorney in any case in which the interests of the child and the adult consulting with the child conflict or whenever appointment of counsel is otherwise required in the interests of justice.
D. The child shall not be permitted to waive assistance of counsel in the following circumstances:
(1) In proceedings in which it has been recommended to the court that the child be placed in a mental hospital, psychiatric unit, or substance abuse facility, nor in proceedings to modify said dispositions.
(2) In proceedings in which he is charged with a felony-grade delinquent act.
(3) In probation or parole revocation proceedings.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2004, No. 776, §1.
2023 Louisiana Laws › Children's Code › Art. 811. When jeopardy begins

Art. 811. When jeopardy begins
When a child enters a denial to the petition, jeopardy begins when the first witness is sworn at the adjudication hearing. When he enters an admission to the petition, jeopardy begins when a valid disposition is made the judgment of the court.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 811.2. Victims of juvenile crime compensation fund; established; disbursements

Art. 811.2. Victims of juvenile crime compensation fund; established; disbursements
A. All courts exercising juvenile jurisdiction may levy a special cost in an amount not to exceed fifteen dollars against any juvenile defendant, other than an indigent, who is found to have committed a traffic violation resulting in injury or property loss, or who pleads guilty to or is adjudicated convicted of a juvenile offense. Such cost shall be in addition to any fine, clerk's fees or costs, or any other fees or costs provided by law.
B. The clerk of court shall remit two-thirds of the sums collected or received pursuant to this Article for deposit in a special account which is hereby designated as the Victims of Juvenile Crime Compensation Fund. The fund shall be used to compensate victims of juvenile crimes who do not otherwise receive restitution or reparation. The judges of the courts exercising juvenile jurisdiction shall have control over the fund and disbursements made therefrom. The judges shall cause to be conducted annually an audit of the fund and the books and accounts relating thereto and shall file the same with the office of the legislative auditor, where it shall be available for public inspection.
C. The judges shall provide by court rule for the collection, administration, and distribution of the fund in order to implement the purpose of this Article. However, no amount greater than five hundred dollars shall be disbursed from the fund to any one claimant.
D. The clerk of court shall remit one-third of the total sums collected or received pursuant to this Article monthly to the Crime Victims Reparations Fund as provided in R.S. 46:1801 et seq.
Acts 1993, No. 634, §1, eff. June 15, 1993.
2023 Louisiana Laws › Children's Code › Art. 811.3. Definitions

Art. 811.3. Definitions
In this Chapter:
NOTE: Paragraphs (1)-(3) eff. until Jan. 1, 2024. See Acts 2023, No. 448.
(1) "Juvenile crime victim" means a person under the age of seventeen against whom an offense against the person that is a felony has been committed.
(2) "Victim" means a person against whom an offense that is a felony-grade delinquent act has been committed.
(3) "Victim's family" means a spouse, parent, child, stepchild, sibling, or legal representative of the victim, except when the person is in custody for an offense or is the defendant.
NOTE: Paragraphs (1)-(3) eff. Jan. 1, 2024. See Acts 2023, No. 448.
(1) "Juvenile crime victim" means a person under the age of eighteen against whom a delinquent act has been committed.
(2) "Victim" means a person against whom an offense that is a delinquent act has been committed.
(3) "Victim's family" means the spouse, child, stepchild, sibling, parent, grandparent, guardian, legal custodian, or legal representative of the victim, except when the person is in custody for an offense or is the defendant
.
Acts 1995, No. 522, §1; Acts 1995, No. 835, §1; Acts 1997, No. 732, §2; Acts 2022, No. 271, §8; Acts 2023, No. 448, §1, eff. Jan. 1, 2024.
2023 Louisiana Laws › Children's Code › Art. 819. Continued custody hearing; time limitations

CHAPTER 5. CONTINUED CUSTODY PRIOR TO ADJUDICATION
Art. 819. Continued custody hearing; time limitations
If a child is not released to the care of his parents, the court shall set and hold a hearing within three days after the child's entry into the juvenile detention center or shelter care facility. The three-day period includes any day that is included as a legal holiday under Article 114. When the last day of the three-day period is a legal holiday, the hearing shall be set and held on the next business day that is not a legal holiday. If the hearing is not held, the child shall be released unless the hearing is continued at the request of the child.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2019, No. 310, §1.
2023 Louisiana Laws › Children's Code › Art. 820. Grounds for continued custody prior to adjudication

Art. 820. Grounds for continued custody prior to adjudication
At the continued custody hearing, the state shall prove that there is probable cause that the child has committed a delinquent act or has violated a condition of his probation or release.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
2023 Louisiana Laws › Children's Code › Art. 821. Continued custody hearing

Art. 821. Continued custody hearing
A. At the outset of the continued custody hearing, if not before, the court shall advise the child of his rights to counsel pursuant to Articles 809 and 810.
B. At the continued custody hearing, the state and the child may produce witnesses, who shall be examined in the presence of the child and shall be subject to cross-examination. The child may also testify, subject to cross-examination.
C. Hearsay evidence shall be admissible.
D. If probable cause has not been demonstrated, the court shall order the child's release.
E. If probable cause has been demonstrated, the court may release the child. The court may also require bail or other security pursuant to Articles 823 through 825 if the court finds that such is necessary to secure the child's appearance for subsequent hearings.
F. Notwithstanding any other provisions of this Code to the contrary, and due to the expedited nature of these hearings, in a judicial district comprised of more than one parish, a continued custody hearing may be conducted in any parish in the judicial district.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2008, No. 634, §1.
2023 Louisiana Laws › Children's Code › Art. 822. Place of continued custody prior to adjudication

Art. 822. Place of continued custody prior to adjudication
A. Following the hearing required by Article 819, the court may order a child alleged to have committed a delinquent act or alleged to have violated probation or parole for a delinquent act, continued in custody in a licensed public or private facility for juveniles, if licensure is required by law for such a facility, or in a private home subject to the supervision of the court or in a juvenile detention center.
B. The court shall not place a child alleged to be delinquent in the custody of either the department of Children and Family Services or the department of Public Safety and Corrections prior to adjudication.
C. No child subject to the jurisdiction of the juvenile court shall be held in an adult jail or lockup.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 823. Right to bail or other security for release

CHAPTER 6. BAIL, SECURITY DEPOSITS, CONDITIONS OF
RELEASE, AND BREACH OF BAIL CONDITIONS
Art. 823. Right to bail or other security for release
A. Except as provided for in Paragraph C of this Article, upon application by the child, parent, guardian, or legal custodian, a child shall have a right to bail for release from custody prior to adjudication by the deposit of a bond or other security as determined by the court and upon agreeing to any other reasonable conditions found necessary to insure appearance of the child for adjudication.
B. In any case when the child has appeared as ordered and otherwise met the conditions of the bail, the bail shall not be used to satisfy fines and costs except as specified by this Chapter or unless agreed to by the person who executed the bail.
C. A child charged with the commission of a delinquent act which would otherwise be deemed a capital offense under Title 14 of the Louisiana Revised Statutes of 1950 shall not be admitted to bail if the state shows that the proof is evident and the presumption great that the child is guilty of the capital offense. The court shall hold a contradictory hearing to resolve the child's application for bail in these circumstances.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 824. Criteria for setting bail or alternative forms of security

Art. 824. Criteria for setting bail or alternative forms of security
In determining the amount of bail, alternative security deposits, and conditions of release, the court shall consider:
(1) The nature and circumstances of the delinquent act.
(2) The weight of the evidence.
(3) The child's prior delinquency record, if any.
(4) The financial ability of the child and family to post money bail.
(5) The probability of the child's appearance at any scheduled hearing, considering the following:
(a) The child has failed to appear at some previously scheduled hearing.
(b) The child has violated a condition of his probation or release.
(c) The child has absented himself from home or his usual place of abode without the consent of his parent.
(d) The child is habitually disobedient and is ungovernable and beyond the control of his parent.
(e) The potential danger of release to the child and to the public as it affects the probability of appearance.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 825. Types of security

Art. 825. Types of security
If the court determines that some sort of security is required to insure the child's presence for the adjudication, it shall set bail and may require any of the following forms of security:
(1) The child, parent, guardian, or legal custodian may have executed a bail bond in accordance with Article 314 of the Code of Criminal Procedure and deposit with the clerk the full amount of the bail secured by a deposit in cash or other authorized security, all of which shall be returnable upon satisfactory performance of the bail conditions.
(2) The child, parent, guardian, or legal custodian may have executed a bail bond and may deposit with the court or its designee a sum of money equal to ten percent of the bail, but in no event shall such deposit be less than twenty-five dollars. When the conditions of the bail bond have been discharged, the clerk shall return to the accused, unless the court orders otherwise, ninety percent of the sum which had been deposited and shall retain as bail bond costs ten percent of the amount deposited. However, in no event shall the amount retained by the clerk as bail bond costs be less than five dollars.
(3) The court may in the best interests of the child and his family agree to the deposit of other reasonable items of value or to the encumbrance of property as security to insure appearance for adjudication. These items will be returned to the child or other obligor upon the child's appearance for adjudication and the court's notice to the clerk for return.
(4) The child and his parents may sign a personal bail undertaking without the necessity of furnishing a surety, without depositing any special security, or without meeting any of the requirements for a personal surety as defined by Article 315 of the Code of Criminal Procedure.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1995, No. 1158, §1.
2023 Louisiana Laws › Children's Code › Art. 826. Conditions of release

Art. 826. Conditions of release
A. A condition of every type of bail authorized in Article 825, and the only condition for which a security on the bail bond may be subject to forfeiture, is that the released child appear at any place and upon any date to which the proceeding is transferred or continued.
B. Every bail order shall also contain the condition that the released child not commit any further delinquent acts while at liberty on such bail bond or security deposit.
C. The court may also impose as a condition of release:
(1) That the child regularly attend school.
(2) That the child voluntarily participate in a pretrial drug testing program which meets the requirements of Article 336 of the Code of Criminal Procedure.
(3) Any other condition of release that is reasonably related to assuring the child's appearance before the court.
D. A violation of any condition by the child or his parents, guardian, or legal custodian shall be considered as a constructive contempt of court.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1995, No. 1158, §1.
2023 Louisiana Laws › Children's Code › Art. 827. Judgment of release from continued custody

Art. 827. Judgment of release from continued custody
A. The court authorizing a child's release from continued custody shall issue an order containing bail provisions, if any, and a statement of conditions imposed upon the child. This order shall also set forth the date of the child's next court appearance.
B. The court shall advise the child and his parents, guardian, or legal custodian of the child's duty to appear as well as of any conditions specified in the order.
C. The child and his parent, guardian, or legal custodian shall sign the agreement of security and release and acknowledge the conditions of release imposed by the court.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 828. Violation of conditions of release

Art. 828. Violation of conditions of release
A. Any failure to comply with the conditions of release, including failure to appear before the court as scheduled, may constitute a breach of the bail agreement. Any such breach of the agreement constitutes constructive contempt of court and failure to appear constitutes the offense of bail jumping.
B. Where there is a breach of the bail agreement or the court is satisfied with good cause that the bail agreement should be modified, the court may order the child and his parent, guardian, legal counsel, and the surety, if any, to appear before the court, or the court may issue an order directing that the child be taken into custody and brought before the court.
C. When the child's parents, guardian, legal custodian, or the child's counsel has good cause to believe that the child has violated or will violate the conditions of the bail agreement, which violation will result in the child's failure to appear before the court as directed, he may report the breach or impending violation to the court, surrender the child, and request revocation of the bail agreement.
D. If a surety obligated under a bail bond, executed pursuant to Article 825(1), has good cause to believe that the child has violated or will violate the conditions of the bail agreement, which will result in the child's failure to appear before the court as directed, he may report the breach and apply to the court for an instanter order for the child to be taken into custody. Unless authorized by the court, the surety shall not arrest or take the child into custody.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 830. Modification of bail

Art. 830. Modification of bail
The court on its own motion or on motion of the state or upon subsequent application by the child or his parent, guardian, or legal custodian, for good cause may either increase or reduce the amount of bail or other security.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 832. How mental incapacity is raised; effect

CHAPTER 7. MENTAL INCAPACITY TO PROCEED
Art. 832. How mental incapacity is raised; effect
A child's mental incapacity to proceed, as defined by this Title, may be raised at any time by the child, the district attorney, or the court. When the question of the child's mental incapacity to proceed is raised, there shall be no further steps in the delinquency proceeding, except the filing of a delinquency petition, until counsel is appointed and notified in accordance with Article 809(C) and the child is found to have the mental capacity to proceed.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2004, No. 485, §1, eff. Jan. 1, 2005.
2023 Louisiana Laws › Children's Code › Art. 833. Mental examinations

Art. 833. Mental examinations
A. The court shall order a mental examination of the child when it has reasonable grounds to doubt the mental capacity of the child to proceed. Findings of fact and the reasons for judgment shall be attached to the order. Prior to ordering a mental examination, the court shall appoint counsel to represent the child if the child is not yet represented.
B. The court order for a mental examination shall not deprive the child or the district attorney of the right to an independent mental examination by a physician of his choice. Such physician shall be permitted to have reasonable access to the child for the purposes of the examination.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2006, No. 266, §1.