2023 Louisiana Laws › Children's Code › Art. 672.3. Diligent search for relatives; notice; failure to respond

Art. 672.3. Diligent search for relatives; notice; failure to respond
A. Whenever custody of a child is assigned to the Department of Children and Family Services, the department shall conduct a diligent search for adult relatives of the child and for persons who have a significant relationship with the child. The diligent search shall be completed no later than thirty days from the date the child was taken into custody and include, at a minimum, all of the following:
(1) Interviews with the child's parent during the course of an investigation, while child protective services are provided, and while the child is in care.
(2) Interviews with the child.
(3) Interviews with identified relatives throughout the case.
(4) Interviews with any other person who is likely to have information about the identity or location of adult relatives of the child or persons who have a significant relationship with the child.
(5) Comprehensive searches of databases and other resources available to the Department of Children and Family Services, which may include searches of schools, employment, residence, utilities, vehicle registration, child support enforcement, law enforcement, and corrections records or any other records likely to result in identifying and locating adult relatives of the child or persons who have a significant relationship with the child.
(6) Appropriate inquiry during the course of hearings in the case in accordance with Article 625(D).
(7) Any other reasonable means that are likely to identify relatives or other persons who have demonstrated an ongoing commitment to the child.
B. The Department of Children and Family Services shall file with the court information regarding attempts made pursuant to Paragraph A of this Article ten days before any scheduled disposition, case review, permanency hearing, or as otherwise required by the court. Any additional information obtained by the department subsequent to the initial filing shall be disclosed to the court during the hearing.
C. All relatives of the child identified in the diligent search required by this Article, subject to exceptions due to family or domestic violence or other safety concerns, shall be provided with a notice that does all of the following:
(1) Specifies that the child has been or is being removed from parental custody.
(2) Explains the options that a relative has to participate in the care and placement of the child and any options that may be lost by failing to respond to the notice.
(3) Describes the process for becoming a licensed foster family home and the additional services and supports available for children placed in approved foster homes.
(4) Describes any financial assistance for which a relative may be eligible.
D. After the completion of the diligent search required by this Article, the Department of Children and Family Services shall have a continuing duty to search for relatives or other persons who have demonstrated an ongoing commitment to a child and with whom it may be appropriate to place the child until the relatives or persons are located, the court excuses the department from conducting a diligent search, or permanency is achieved.
E. If a relative entitled to notice pursuant to this Article fails, after ninety days from the date the relative receives the required notice, to demonstrate an interest in and willingness to provide a permanent home for a child, the court may excuse the Department of Children and Family Services from considering the relative as a placement.
Acts 2021, No. 350, §1, eff. June 17, 2021.