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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(C), (D), and (E) and to2
enact Children's Code Article 652(F) and (G), relative to child in need of care3
proceedings; to provide relative to filing petitions; to provide relative to discovery;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Children's Code Articles 631(A) and 652(C), (D), and (E) are hereby7
amended and reenacted and Children's Code Article 652(F) and (G) are hereby enacted to8
read as follows: 9
Art. 631. Authority to file petition; custody10
A. A child in need of care proceeding shall be commenced by petition filed11
by the district attorney. Any other person The Department of Social Services, when12
authorized by the court, may file a petition if there are reasonable grounds to believe13
that the child is a child in need of care.14
* * *15
Art. 652. Discovery16
* * *17
C. At any stage of the proceeding, upon written motion of counsel for the18
child or his parent, the district attorney, or the department, and after a contradictory19
hearing and a showing of good cause, unless all parties agree, the court shall order20 HLS 10RS-1079 ENGROSSED
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the other party to permit counsel to obtain discovery not provided for in Paragraphs1
A and B of this Article regarding any matter, not privileged, including but not limited2
to attorney-client privilege or information not otherwise protected under R.S. 46:563
or by restrictive order pursuant to Article 653, which is relevant to the subject matter4
involved in the adjudication hearing including the existence, description, nature,5
custody, condition, and location of any books, documents, or other tangible things,6
and the identity and location of a person having knowledge of any discoverable7
matter. It is not grounds for objection that the information sought will be8
inadmissible at the trial if the information sought appears reasonably calculated to9
lead to the discovery of admissible evidence.10
C. D. If counsel for the child or the parent is provided discovery, the court11
may condition that order upon reciprocal discovery by the state.12
D. E. The court shall not order the production or inspection of any part of a13
writing that reflects the mental impressions, conclusions, or theories of an attorney,14
nor any other type of discovery except that expressly authorized by this Article.15
E. F. The duties imposed by a discovery order are continuing in nature as16
long as the child is subject to the jurisdiction of the court, unless the order provides17
to the contrary.18
G. The party requesting discovery shall be responsible for reasonable copy19
costs associated with such discovery. Fees for copying shall be charged according20
to the uniform fee schedule adopted by the division of administration, as provided21
by R.S. 39:241, unless the child or parent is indigent, in which case no charge shall22
be made for such copies.23
Section 2. This Act shall become effective upon signature by the governor or, if not24
signed by the governor, upon expiration of the time for bills to become law without signature25
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If26
vetoed by the governor and subsequently approved by the legislature, this Act shall become27
effective on the day following such approval.28 HLS 10RS-1079 ENGROSSED
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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.
Proposed law provides that at any stage of the CINC proceeding, upon written motion of
counsel for the child or his parent, the DA or DSS, after a contradictory hearing and good
cause shown, except if all parties agree, the court shall permit counsel to obtain certain
discovery which is relevant to the subject matter of the adjudication hearing.
Proposed law provides that all parties have reciprocal discovery rights and 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.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends Ch.C. Arts. 631(A) and 652(C), (D), and (E); Adds Ch.C. Art.652(F) and (G))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Retained present law which authorizes discovery to occur at any stage of the
proceeding and 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.
2. Retained present law which 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.
3. Added a contradictory hearing and good cause shown requirement, unless the
parties agree, before a court orders permits counsel to obtain certain discovery. HLS 10RS-1079 ENGROSSED
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4. Retained present law allowing the court to condition the right of the child or
parent to receive discovery upon the state receiving reciprocal discovery rights.
5. Retained present law prohibiting 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.