HLS 10RS-1079 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 215
BY REPRESENTATIVE GREENE
CHILDREN/CARE: Provides procedures for child in need of care proceedings
AN ACT1
To amend and reenact Children's Code Articles 631(A) and 652, relative to child in need of2
care proceedings; to provide relative to filing petitions; to provide relative to3
discovery; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Children's Code Articles 631(A) and 652 are hereby amended and6
reenacted to read as follows: 7
Art. 631. Authority to file petition; custody8
A. A child in need of care proceeding shall be commenced by petition filed9
by the district attorney. Any other person The Department of Social Services, when10
authorized by the court, may file a petition if there are reasonable grounds to believe11
that the child is a child in need of care.12
* * *13
Art. 652. Discovery14
A. At any stage of the proceeding, upon written motion of counsel for the15
child or his parent, the court may order the district attorney or the department to16
permit counsel to inspect:17
(1) Reports of investigation in the possession or control of the district18
attorney or the department.19 HLS 10RS-1079 ORIGINAL
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(2) Reports of evaluations or tests pertaining to the child in the possession1
or control of the district attorney or the department.2
(3) The case records maintained by the department pertaining to the child3
and the parent, except information otherwise protected under R.S. 46:56 or by4
restrictive order pursuant to Article 653.5
(4) Any videotape of a protected person made in compliance with Chapter6
8 of Title III which is in the possession or control of the district attorney. At any7
stage of the proceeding, upon written motion of counsel for the child or his parent,8
the district attorney, or the department, the court shall order the other party to permit9
counsel to obtain discovery regarding any matter, not privileged, including but not10
limited to attorney-client privilege or information not otherwise protected under R.S.11
46:56 or by restrictive order pursuant to Article 653, which is relevant to the subject12
matter involved in the adjudication hearing including the existence, description,13
nature, custody, condition, and location of any books, documents, or other tangible14
things, and the identity and location of a person having knowledge of any15
discoverable matter. It is not grounds for objection that the information sought will16
be inadmissible at the trial if the information sought appears reasonably calculated17
to lead to the discovery of admissible evidence.18
B. The court shall order the district attorney or the department to permit19
counsel to inspect and copy any physical evidence, documents, or photographs which20
the state intends to offer into evidence at the adjudication hearing as provided for in21
Paragraph A(1), (2), and (4). However, the court may, in its discretion, permit the22
inspection of evidence provided for in Paragraph A(3).23
C. If counsel for the child or the parent is provided discovery, the court may24
condition that order upon reciprocal discovery by the state.25
D. The court shall not order the production or inspection of any part of a26
writing that reflects the mental impressions, conclusions, or theories of an attorney,27
nor any other type of discovery except that expressly authorized by this Article.28 HLS 10RS-1079 ORIGINAL
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E. B. The duties imposed by a discovery order are continuing in nature as1
long as the child is subject to the jurisdiction of the court, unless the order provides2
to the contrary.3
C. The party requesting discovery shall be responsible for reasonable copy4
costs associated with such discovery. Fees for copying shall be charged according5
to the uniform fee schedule adopted by the division of administration, as provided6
by R.S. 39:241, unless the child or parent is indigent, in which case no charge shall7
be made for such copies.8
Section 2. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
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. 215
Abstract: Provides petition and discovery procedures for a child in need of care
proceeding.
Present law authorizes the district attorney or any other person authorized by the court to file
a child in need of care petition if there are reasonable grounds to believe that the child is a
child in need of care.
Proposed law eliminates the right of an authorized person to file a child in need of care
petition. Authorizes the Dept. of Social Services (DSS) to seek leave of court to file a child
in need of care proceeding if there are reasonable grounds to do so.
Present law authorizes discovery to occur at any stage of the proceeding. Present law further
authorizes, upon written motion of counsel for the child or his parent, the court to order the
district attorney or DSS to permit counsel to inspect four specifically listed types of
evidence, including reports of the investigation, reports of evaluations or tests, DSS case
records, and any videotape of a protected person.
Proposed law eliminates the listing and permits counsel to obtain discovery regarding any
matter, not privileged, which is relevant to the subject matter. Proposed law further prohibits
the objection that the information sought by discovery will be inadmissible at trial if the
information sought appears reasonably calculated to lead to the discovery of admissible
evidence. HLS 10RS-1079 ORIGINAL
HB NO. 215
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law requires the court to order the district attorney or DSS to permit counsel to
inspect and copy any physical evidence, documents, or photographs which the state intends
to offer into evidence at the adjudication hearing. Present law, however, allows the court
discretion in ordering the inspection of the child's case record maintained by DSS.
Proposed law repeals present law.
Present law allows the court to condition the right of the child or parent to receive discovery
upon the state receiving reciprocal discovery rights.
Proposed law retains present law but clarifies that all parties have reciprocal discovery
rights. Further clarifies that discovery shall not include any matter that is privileged,
including attorney-client privileges or information protected by R.S. 46:56 or by restrictive
order by Art. 653.
Proposed law makes the party requesting discovery responsible for any copying costs
according to the uniform fee schedule. Further specifies that an indigent child or parent is
not responsible for any costs.
Present law prohibits the court from ordering the production or inspection of any part of a
writing that reflects the mental impressions, conclusions, or theories of an attorney, nor any
other type of discovery except that expressly authorized by present law.
Proposed law repeals present law.
Present law declares that the duties imposed by a discovery order are continuing in nature
as long as the child is subject to the jurisdiction of the court, unless the order states
otherwise.
Proposed law retains present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends Ch.C. Arts. 631(A) and 652)