SLS 10RS-483 ORIGINAL
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 281
BY SENATOR BROOME
CHILDREN. Extends provisional custody of children by mandate to grandparents.
(8/15/10)
AN ACT1
To amend and reenact R.S. 9:951(A), 952(B)(1) and (3) and 954, relative to provisional2
custody by mandate; to extend to grandparents with custody the right to confer the3
power of provisional custody by mandate for the care, custody, and control of a4
minor child; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 9:951(A), 952(B)(1) and (3) and 954 are hereby amended and7
reenacted to read as follows: 8
§951. Provisional custody by mandate; conferring 9
A. Parents acting jointly or, in the event of divorce, or separation from bed10
and board, or illegitimacy, the natural tutor, tutrix, or cotutors acting jointly, or a11
grandparent awarded custody, may authorize any person of legal age to provide12
for the care, custody, and control of a minor child.13
* * *14
§952. Duration of provisional custody; termination 15
* * *16
B. Regardless of the duration provided above, the mandate of provisional17 SB NO. 281
SLS 10RS-483 ORIGINAL
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
custody shall terminate:1
(1) When revoked by either parent, by a natural tutor or tutrix, or by either2
natural cotutor, or by a grandparent awarded custody.3
* * *4
(3) Fifteen days after the death of either parent, natural tutor or tutrix, or5
natural cotutor, or grandparent awarded custody.6
* * *7
§954. Statutory form8
The following is a suggested form which may be used by a parent, natural9
tutor, tutrix, or cotutors acting jointly, or a grandparent awarded custody, to10
confer the power of provisional custody for the care, custody, and control of the11
named minor child as authorized herein:12
PROVISIONAL CUSTODY BY MANDATE13
STATE OF LOUISIANA14
PARISH OF ___________________ 15
BE IT KNOWN THAT on this ___ day of __________, 1920___, before me, the16
undersigned notary, and in the presence of the competent witnesses hereinafter named and17
undersigned:18
19
Personally came and appeared:20
21
(affiant's name, marital status, and mailing address), who is the (parent(s), or, in the event22
of divorce, separation, or illegitimacy, the natural (co)tutor or tutrix), or grandparent23
awarded custody of (minor child(ren)) who, by these presents make, name, constitute, and24
appoint (agent's name and mailing address) and grant provisional custody of the above25
named child(ren), to provide for the health, education, and welfare of the child as provided26
by the law on Provisional Custody by Mandate, specifically including the authority to:27
28
INITIAL ALL APPLICABLE PROVISIONS:29
30
____ (1) Consent to and authorize such medical care, treatment, or surgery as may be31
deemed necessary for the health, safety, and welfare of the child.32
____ (2) Enroll the child in such schools or educational institutions as may be deemed33
necessary for his due and proper education.34
____ (3) Discipline the child in such reasonable manner as may be necessary for his proper35
rearing, supervision, and training.36
____ (4) Do and perform all other such acts as may be necessary for the shelter, support,37
and general welfare of the child.38
39
This Provisional Custody by Mandate will continue to be effective until40
___________, 1920 __, or one year from date hereof, whichever period is shorter.41
42
I agree that any third party who receives a copy of this document may rely upon the43 SB NO. 281
SLS 10RS-483 ORIGINAL
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
authority granted the agent as indicated herein and may act in reliance on such authority.1
Revocation or termination by operation of law is not effective as to a third party until he has2
actual knowledge thereof. I agree to indemnify and hold harmless the third party for any3
claims that arise against him because of reliance on this Provisional Custody by Mandate.4
5
The undersigned agent does hereby accept the provisional custody of the children6
named herein.7
8
THUS DONE AND PASSED at _________________, state of ________________,9
in the presence of _____________ and _____________, competent witnesses, who sign10
these presents with the appearers and me, notary, after due reading of the whole. 11
12
WITNESSES:13
_________________________ __________________________________14
(Parent, Tutor, or Tutrix, or Grandparent15
awarded custody)16
17
_________________________ __________________________________18
(Other parent, or Cotutor, or Grandparent19
awarded custody)20
21
_____________________________22
(Agent)23
24
_________________________25
NOTARY PUBLIC26
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Camille Sebastien Perry.
DIGEST
Present law allows parents acting jointly or, in the event of divorce, or separation from bed
and board, or illegitimacy, the natural tutor, tutrix, or cotutors acting jointly, to authorize any
person of legal age to provide for the care, custody, and control of a minor child not to
exceed one year from the date of execution.
Present law terminates the mandate of provisional custody when revoked by either parent,
by a natural tutor or tutrix, or by either natural cotutor when the agent resigns or otherwise
renounces the mandate, 15 days after the death of either parent, natural tutor or tutrix, or
natural cotutor, and upon the qualification of a court appointed tutor or provisional tutor.
Present law provides for a statutory form that may be used by a parent, natural tutor, tutrix,
or cotutors acting jointly to confer the power of provisional custody for the care, custody,
and control of the named minor child.
Proposed law retains present law provisions but additionally extends to grandparents with
custody the right to confer the power of provisional custody by mandate for the care,
custody, and control of a minor child.
Effective August 15, 2010.
(Amends R.S. 9:951(A), 952(B)(1) and (3) and 954)