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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, and to enact R.S. 9:951(C),2
relative to provisional custody by mandate; to extend to grandparents with custody3
the right to confer the power of provisional custody by mandate for the care, custody,4
and control of a minor child; to provide for exceptions; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 9:951(A), 952(B)(1) and (3) and 954 are hereby amended and8
reenacted and R.S. 9:951(C) is hereby enacted to read as follows: 9
§951. Provisional custody by mandate; conferring 10
A. Parents acting jointly or, in the event of divorce, or separation from bed11
and board, or illegitimacy, the natural tutor, tutrix, or cotutors acting jointly, or a12
grandparent awarded custody, may authorize any person of legal age to provide13
for the care, custody, and control of a minor child.14
* * *15
C. Provisional custody by mandate may not be conferred upon a parent16
or other person previously denied custody by court order.17 SB NO. 281
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§952. Duration of provisional custody; termination 1
* * *2
B. Regardless of the duration provided above, the mandate of provisional3
custody shall terminate:4
(1) When revoked by either parent, by a natural tutor or tutrix, or by either5
natural cotutor, or by a grandparent awarded custody.6
* * *7
(3) Fifteen days after the death of either parent, natural tutor or tutrix, or8
natural cotutor, or grandparent awarded custody.9
* * *10
§954. Statutory form11
The following is a suggested form which may be used by a parent, natural12
tutor, tutrix, or cotutors acting jointly, or a grandparent awarded custody, to13
confer the power of provisional custody for the care, custody, and control of the14
named minor child as authorized herein:15
PROVISIONAL CUSTODY BY MANDATE16
STATE OF LOUISIANA17
PARISH OF ___________________ 18
BE IT KNOWN THAT on this ___ day of __________, 1920___, before me, the19
undersigned notary, and in the presence of the competent witnesses hereinafter named and20
undersigned:21
22
Personally came and appeared:23
24
(affiant's name, marital status, and mailing address), who is the (parent(s), or, in the event25
of divorce, separation, or illegitimacy, the natural (co)tutor or tutrix), or grandparent26
awarded custody of (minor child(ren)) who, by these presents make, name, constitute, and27
appoint (agent's name and mailing address) and grant provisional custody of the above28
named child(ren), to provide for the health, education, and welfare of the child as provided29
by the law on Provisional Custody by Mandate, specifically including the authority to:30
31
INITIAL ALL APPLICABLE PROVISIONS:32
33
____ (1) Consent to and authorize such medical care, treatment, or surgery as may be34
deemed necessary for the health, safety, and welfare of the child.35
____ (2) Enroll the child in such schools or educational institutions as may be deemed36
necessary for his due and proper education.37
____ (3) Discipline the child in such reasonable manner as may be necessary for his proper38
rearing, supervision, and training.39
____ (4) Do and perform all other such acts as may be necessary for the shelter, support,40 SB NO. 281
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and general welfare of the child.1
2
This Provisional Custody by Mandate will continue to be effective until3
___________, 1920 __, or one year from date hereof, whichever period is shorter.4
5
I agree that any third party who receives a copy of this document may rely upon the6
authority granted the agent as indicated herein and may act in reliance on such authority.7
Revocation or termination by operation of law is not effective as to a third party until he has8
actual knowledge thereof. I agree to indemnify and hold harmless the third party for any9
claims that arise against him because of reliance on this Provisional Custody by Mandate.10
11
The undersigned agent does hereby accept the provisional custody of the children12
named herein.13
14
THUS DONE AND PASSED at _________________, state of ________________,15
in the presence of _____________ and _____________, competent witnesses, who sign16
these presents with the appearers and me, notary, after due reading of the whole. 17
18
WITNESSES:19
_________________________ __________________________________20
(Parent, Tutor, or Tutrix, or Grandparent21
awarded custody)22
23
_________________________ __________________________________24
(Other parent, or Cotutor, or Grandparent25
awarded custody)26
27
_____________________________28
(Agent)29
30
_________________________31
NOTARY PUBLIC32
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Camille Sebastien Perry.
DIGEST
Broome (SB 281)
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, SB NO. 281
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words in boldface type and underscored are additions.
custody, and control of a minor child.
Proposed law provides that provisional custody by mandate may not be conferred upon a
parent or other person previously denied custody by court order.
Effective August 15, 2010.
(Amends R.S. 9:951(A), 952(B)(1) and (3) and 954); adds 9:951(c)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill.
1. Denies provisional custody by mandate to a parent or other person previously
denied custody by court order.