HLS 10RS-2865 ORIGINAL
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are additions.
Regular Session, 2010
HOUSE BILL NO. 1435
BY REPRESENTATIVE GREENE
COURTS/FAMILY: Provides for the jurisdiction of the East Baton Rouge Parish Family
Court
AN ACT1
To amend and reenact Children's Code Article 311(A)(1)(introductory paragraph) and2
(B)(1)(introductory paragraph), R.S. 13:1401(A)(1) and 1621(A)(3), and R.S.3
46:236.2(A)(2) and (B)(2), and to repeal R.S. 13:1621(B) and (C), relative to4
jurisdiction; to provide for the exclusive jurisdiction of the East Baton Rouge Parish5
Family Court; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Children's Code Article 311(A)(1)(introductory paragraph) and8
(B)(1)(introductory paragraph) are hereby amended and reenacted to read as follows: 9
Art. 311. Juvenile jurisdiction over adults; support proceedings; coexistent orders10
A.(1) A court exercising juvenile jurisdiction shall have exclusive original11
jurisdiction, except in East Baton Rouge Parish, in the following cases involving12
support of family:13
* * *14
B.(1) A court exercising juvenile jurisdiction shall have concurrent15
jurisdiction, except in East Baton Rouge Parish, in the following cases involving16
support of family:17
* * *18
Section 2. R.S. 13:1401(A)(1) and 1621(A)(3) are hereby amended and reenacted to19
read as follows: 20 HLS 10RS-2865 ORIGINAL
HB NO. 1435
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§1401. Family court for the parish of East Baton Rouge; establishment; jurisdiction1
A. There is hereby established the family court for the parish of East Baton2
Rouge, which shall be a court of record with exclusive jurisdiction in the following3
proceedings:4
(1) All actions for divorce, annulment of marriages, claims for contributions5
made by one spouse to the education or training of the other spouse, establishment6
or disavowal of the paternity of children, spousal and child support and nonsupport,7
and custody and visitation of children, as well as of all matters incidental to any of8
the foregoing proceedings, including but not restricted to the issuance of9
conservatory writs for the protection of community property, the awarding of10
attorney fees in judgments of divorce, the cumulation of and rendering executory of11
spousal and child support, the issuance of writs of fieri facias and garnishment under12
judgments of the court for spousal and child support and attorney fees, jurisdiction13
of which was vested in the Nineteenth Judicial District Court for the parish of East14
Baton Rouge prior to the establishment of the family court for the parish of East15
Baton Rouge.16
* * *17
§1621. Juvenile court for the parish of East Baton Rouge; establishment;18
jurisdiction 19
A. There shall be a separate juvenile court for the parish of East Baton20
Rouge which shall be a court of record and shall be known as the "Juvenile Court for21
the Parish of East Baton Rouge". There shall be two judges of the juvenile court,22
who shall preside over that court. The court shall have exclusive jurisdiction in the23
following proceedings:24
* * *25
(3) All such additional jurisdiction, power, and authority now or hereafter26
provided by law for juvenile courts, and particularly but not restricted to the27
jurisdiction, power, and authority under the provisions of R.S. 13:1569 through 1592,28 HLS 10RS-2865 ORIGINAL
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R.S. 46:236.5, and Articles 14 through 17 and Article 23 of the Code of Juvenile1
Procedure.2
* * *3
Section 3. R.S. 46:236.2(A)(2) and (B)(2) are hereby amended and reenacted to read4
as follows: 5
§236.2. Amendment of support orders6
A.7
* * *8
(2) Notwithstanding the provisions of R.S. 13:1599(B) and 1621(C), in cases9
receiving support enforcement services from the department, upon the district10
attorney's or the department's motion to transfer, a support order payable to the11
department shall be transferred for subsequent enforcement and modification to the12
appropriate juvenile court within the parish wherein the support order was rendered13
or last registered; however, except in East Baton Rouge Parish a support order may14
be transferred pursuant to this Paragraph to the family or juvenile court.15
* * *16
B.17
* * *18
(2) Notwithstanding the provisions of R.S. 13:1599(B) and 1621(C), in cases19
receiving support enforcement services from the department, upon the district20
attorney's or the department's motion to transfer, a support order amended to change21
the payee to the individual or caretaker instead of the department under this22
Subsection, shall be transferred for subsequent enforcement and modification to the23
appropriate court which was enforcing the support order prior to its transfer under24
Paragraph (A)(2) of this Section.25
* * *26
Section 4. R.S. 13:1621(B) and (C) are hereby repealed in their entirety.27
Section 5. The provisions of this Act shall become effective January 1, 2011.28 HLS 10RS-2865 ORIGINAL
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are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Greene HB No. 1435
Abstract: Provides for the jurisdiction of the East Baton Rouge Parish Family Court.
Present law provides for exclusive and continuing juvenile jurisdiction in certain support of
family cases.
Proposed law retains present law, except for East Baton Rouge Parish.
Present law provides for the exclusive jurisdiction of the East Baton Rouge Parish Family
Court.
Proposed law retains present law and adds nonsupport cases.
Present law provides for the jurisdiction of the East Baton Rouge Parish Juvenile Court.
Proposed law retains present law except for cases involving the establishment of paternity
and the enforcement of support.
Present law provides for the concurrent jurisdiction of the juvenile and family courts in the
parish of East Baton Rouge.
Proposed law repeals present law.
Effective Jan. 1, 2011.
(Amends Ch.C. Art. 311(A)(1)(intro. para.) and (B)(1)(intro. para.), R.S. 13:1401(A)(1) and
1621(A)(3), and R.S. 46:236.2(A)(2) and (B)(2); Repeals R.S. 13:1621(B) and (C))