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ACT No. 462
Regular Session, 2010
HOUSE BILL NO. 215
BY REPRESENTATIVE GREENE
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
the other party to permit counsel to obtain discovery not provided for in Paragraphs21
A and B of this Article regarding any matter, not privileged, including but not limited22
to attorney-client privilege or information not otherwise protected under R.S. 46:5623
and 2124.1 or by restrictive order pursuant to Article 653, which is relevant to the24 ENROLLEDHB NO. 215
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subject matter involved in the adjudication hearing including the existence,1
description, nature, custody, condition, and location of any books, documents, or2
other tangible things, and the identity and location of a person having knowledge of3
any discoverable matter. It is not grounds for objection that the information sought4
will be inadmissible at the trial if the information sought appears reasonably5
calculated to lead to the discovery of admissible evidence.6
C. D. If counsel for the child or the parent is provided discovery, the court7
may condition that order upon reciprocal discovery by the state.8
D. E.(1) The court shall not order the production or inspection of any part9
of a writing that reflects the mental impressions, conclusions, or theories of an10
attorney, nor any other type of discovery except that expressly authorized by this11
Article.12
(2) The court shall not order the production or inspection of any document13
or information which contains identifying information regarding a victim of14
domestic abuse or victim of dating violence as defined in R.S. 46:2132 or 2151,15
including physical or e-mail address, place of employment, telephone number, safety16
plan, or other protective measure or resource considered, implemented, planned, or17
accessed by the victim. The court shall not order the production or inspection of any18
document or information which discloses the location of a shelter or other facility19
which provides services to victims of domestic abuse or dating violence.20
E. F. The duties imposed by a discovery order are continuing in nature as21
long as the child is subject to the jurisdiction of the court, unless the order provides22
to the contrary.23
G. The party requesting discovery shall be responsible for reasonable copy24
costs associated with such discovery. Fees for copying shall be charged according25
to the uniform fee schedule adopted by the division of administration, as provided26
by R.S. 39:241, unless the child or parent is indigent, in which case no charge shall27
be made for such copies.28
Section 2. This Act shall become effective upon signature by the governor or, if not29
signed by the governor, upon expiration of the time for bills to become law without signature30 ENROLLEDHB NO. 215
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: