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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 281
BY SENATOR BROOME
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
§952. Duration of provisional custody; termination 18
* * *19
B. Regardless of the duration provided above, the mandate of provisional20
custody shall terminate:21
(1) When revoked by either parent, by a natural tutor or tutrix, or by either22
natural cotutor, or by a grandparent awarded custody.23
* * *24
ACT No. 171 SB NO. 281 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(3) Fifteen days after the death of either parent, natural tutor or tutrix, or1
natural cotutor, or grandparent awarded custody.2
* * *3
§954. Statutory form4
The following is a suggested form which may be used by a parent, natural5
tutor, tutrix, or cotutors acting jointly, or a grandparent awarded custody, to6
confer the power of provisional custody for the care, custody, and control of the7
named minor child as authorized herein:8
PROVISIONAL CUSTODY BY MANDATE9
STATE OF LOUISIANA10
PARISH OF ___________________ 11
BE IT KNOWN THAT on this ___ day of __________, 1920___, before me, the12
undersigned notary, and in the presence of the competent witnesses hereinafter named and13
undersigned:14
15
Personally came and appeared:16
17
(affiant's name, marital status, and mailing address), who is the (parent(s), or, in the event18
of divorce, separation, or illegitimacy, the natural (co)tutor or tutrix), or grandparent19
awarded custody of (minor child(ren)) who, by these presents make, name, constitute, and20
appoint (agent's name and mailing address) and grant provisional custody of the above21
named child(ren), to provide for the health, education, and welfare of the child as provided22
by the law on Provisional Custody by Mandate, specifically including the authority to:23
24
INITIAL ALL APPLICABLE PROVISIONS:25
26
____ (1) Consent to and authorize such medical care, treatment, or surgery as may be27
deemed necessary for the health, safety, and welfare of the child.28
____ (2) Enroll the child in such schools or educational institutions as may be deemed29
necessary for his due and proper education.30
____ (3) Discipline the child in such reasonable manner as may be necessary for his proper31
rearing, supervision, and training.32
____ (4) Do and perform all other such acts as may be necessary for the shelter, support,33
and general welfare of the child.34
35
This Provisional Custody by Mandate will continue to be effective until36
___________, 1920 __, or one year from date hereof, whichever period is shorter.37
38
I agree that any third party who receives a copy of this document may rely upon the39
authority granted the agent as indicated herein and may act in reliance on such authority.40
Revocation or termination by operation of law is not effective as to a third party until he has41
actual knowledge thereof. I agree to indemnify and hold harmless the third party for any42
claims that arise against him because of reliance on this Provisional Custody by Mandate.43
44
The undersigned agent does hereby accept the provisional custody of the children45
named herein.46
47
THUS DONE AND PASSED at _________________, state of ________________,48 SB NO. 281 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
in the presence of _____________ and _____________, competent witnesses, who sign1
these presents with the appearers and me, notary, after due reading of the whole. 2
3
WITNESSES:4
_________________________ __________________________________5
(Parent, Tutor, or Tutrix, or Grandparent6
awarded custody)7
8
_________________________ __________________________________9
(Other parent, or Cotutor, or Grandparent10
awarded custody)11
12
_____________________________13
(Agent)14
15
_________________________16
NOTARY PUBLIC17
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: