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Regular Session, 2012 ENROLLED
SENATE BILL NO. 152
BY SENATOR BROOME (On Recommendation of the Louisiana State Law Institute)
AN ACT1
To amend and reenact Children's Code Articles 606(A)(5), 623(B) and (C), 661(B),(C) and2
(D), 672.1(C)(2) and (3), 675(B)(2), (3), (4), and (5), 679(C) and (D), 695, 696(B),3
702(J), 705, 706(B), 776(B), 853, 908(C), the introductory paragraph of 1015(3) and4
(k), 1030(2), the introductory paragraph of 1211, to enact Children's Code Articles5
623(D) and (E), 661(E), 675(B)(6), 679(E) and (F), 696(C), 706(C), and 908(D), and6
to repeal Children's Code Article 730(10), relative to continuous revision of the7
Children's Code; to provide for the grounds which must be alleged in a child in need8
of care proceeding; to provide relative to notice and who has the right to be heard at9
a continued custody Child in Need of Care ("CINC") hearing; to provide for who10
shall be present at an adjudication hearing; to provide for a reunification efforts11
determination; to provide for the purpose and contents of the case plan; to provide12
for notice and who may be present at the disposition hearing; to provide for who13
shall receive notice of the right to appear and be heard at a case review hearing; to14
provide for the rights of the parties at a case review hearing; to provide for15
permanency hearings; to provide for notice of, the right to be heard, and the rights16
of the parties at permanency hearings; to provide for permanency planning reports;17
to provide for the effect of a parent's non-appearance at a delinquency hearing; to18
provide for the juvenile's care and treatment by the department; to provide for the19
grounds for termination of parental rights; to provide for suspension of the right of20
voluntary surrender of parental rights by initiation of a termination proceeding; to21
provide for the final decree at an adoption hearing; to provide for the grounds upon22
which an allegation that a family is a Family in Need of Services (or "FINS") must23
be based; and to provide for related matters.24
Be it enacted by the Legislature of Louisiana:25
Section 1. Children's Code Articles 606(A)(5), 623(B) and (C), 661(B), (C) and (D),26
672.1(C)(2) and (3), 675(B)(2), (3), (4), and (5), 679(C) and (D), 695, 696(B), 702(J), 705,27
ACT No. 730 SB NO. 152 ENROLLED
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706(B), 776(B), 853, 908(C), the introductory paragraph of 1015(3) and (k), 1030(2), and1
the introductory paragraph of 1211 are hereby amended and reenacted and Children's Code2
Articles 623(D) and (E), 661(E), 675(B)(6), 679(E) and (F), 696(C), 706(C), and 908(D) are3
hereby enacted to read as follows:4
Art. 606. Grounds; child in need of care5
A. Allegations that a child is in need of care must assert one or more of the6
following grounds:7
* * *8
(5) The conduct of the parent, either as principal or accessory, constitutes a9
crime against the child or against any other child of that parent.10
* * *11
Art. 623. Notice; right to be heard12
* * *13
B. The notice shall state the day date, time, and place of the hearing and14
inform the recipient of his right to attend and be heard.15
C. A child twelve years of age or older shall be present in court unless16
his presence is waived by the court upon motion of the child's counsel. A child17
below the age of twelve years shall be present in court upon the request of18
counsel for the child or the court. If the child is present in court, he may choose19
to testify as to his wishes, and the court shall consider his testimony in the20
matter. Any testimony given by a child may be taken by a videotaped interview21
or by closed-circuit television, as authorized by Chapter 8 of Title III of this22
Code, or by an in-chambers conference attended only by the judge and court23
reporter and by counsel for the child, for the petitioner, and for the parents.24
C. D. If a foster parent, pre-adoptive parent, or relative providing care for the25
child fails to appear at a hearing, the department shall report to the court whether26
notice was given or, if not, what diligent efforts were made to locate and notify the27
absent person. The court may permit the hearing to be held in the person's absence.28
E. The court shall solicit and consider information regarding the care29
and treatment of the child from any foster parent, pre-adoptive parent, or30 SB NO. 152 ENROLLED
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relative providing care for the child who appears for the hearing.1
Comments - 20122
(a) Paragraph C complies with Louisiana Supreme Court Rule 33, Part III,3
Subpart II, Section 1, Standard 12, which states that, in child abuse and neglect4
cases, "[t]he child should be present at significant hearings, regardless of whether the5
child will testify, except when counsel affirmatively waives the child's presence . .6
. [and] [c]ounsel for a child should decide whether to call the child as a witness7
considering the child's need or desire to testify." Article 624(E) allows the child and8
the parents to "be heard on their own behalf," implying their presence. It also reflects9
the growing national trend for states to grant children the right to be present in court.10
A.B.A. Ctr on Youth and the Law, Bar-Youth Empowerment Project (2009). These11
changes are consistent with the A.B.A. Model Act Governing the Representation of12
Children in Abuse Neglect, and Dependency Proceedings adopted in August, 2011.13
14
(b) Paragraph E complies with the Safe and Timely Interstate Placement of15
Foster Children Act of 2006, that requires that "the foster parents (if any) of a child16
and any preadoptive parent or relative providing care for the child are provided with17
notice of, and a right to be heard in, any proceeding to be held with respect to the18
child." 42 U.S.C. 675(5) (G) (emphasis added). In particular, it clarifies the foster19
parent or caretaker's right to be heard. It also emphasizes the role of the child's daily20
caretaker and the insight that the caretaker can provide. See Article 695.21
* * *22
Art. 661. Presence at adjudication hearing; exclusion of witnesses23
* * *24
B. A child twelve years of age or older shall be present in court unless25
his presence is waived by the court upon motion of the child's counsel. A child26
below the age of twelve years shall be present in court upon the request of27
counsel for the child or the court. If the child is present in court, he may choose28
to testify as to his wishes, and the court shall consider his testimony in the29
matter. Any testimony given by a child may be taken by a videotaped interview30
or by closed-circuit television, as authorized by Chapter 8 of Title III of this31
Code, or by an in-chambers conference attended only by the judge and court32
reporter and by counsel for the child, for the petitioner, and for the parents.33
B. C. The court shall not admit any other person into the courtroom unless34
the court has determined that the person has a proper interest in or is necessary to the35
proceedings.36
C. D. On its own motion the court may, and on the request of a party the37
court shall, order that the witnesses, other than parties, be excluded from the38
courtroom or from a place where they can see or hear the proceedings, and refrain39 SB NO. 152 ENROLLED
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from discussing the facts of the case with anyone other than counsel in the case. In1
the interest of justice, the court may exempt any witness from its order.2
D. E. Prior to the commencement of the hearing, the court shall determine3
whether it is in the child's best interest for the child to remain in the courtroom4
during the testimony of the witnesses.5
Comments - 20126
7
(a) See Comment (a) to Article 623 for Paragraph B's compliance with8
Louisiana Supreme Court Rule 33, Part III, Subpart II, Section 1, Standard 12.9
10
(b) Paragraph A of this Article already allows the child to be present at the11
adjudication hearing, and Paragraph E (formerly Paragraph D) provides the12
appropriate safeguards for restricting the child from the courtroom if the court13
believes the child's presence will have an adverse effect on him. This addition serves14
to accommodate and clarify the rights of the child. It also reflects the growing15
national trend for states to grant children the right to be present in court. A.B.A. Ctr16
on Youth and the Law, Bar-Youth Empowerment Project (2009). These changes are17
consistent with the A.B.A. Model Act Governing the Representation of Children in18
Abuse Neglect, and Dependency Proceedings adopted in August, 2011.19
* * *20
Art. 672.1. Reunification efforts determination21
* * *22
C. Efforts to reunify the parent and child are not required if a court of23
competent jurisdiction has determined that:24
* * *25
(2) The parent has committed murder or manslaughter of another child of the26
parent or any other child or has aided or abetted, attempted, conspired, or solicited27
to commit such a murder or manslaughter.28
(3) The parent has committed a felony that results in serious bodily injury to29
the child or another child of the parent or any other child.30
* * *31
Art. 675. Case plan purpose; contents32
* * *33
B. The case plan shall at least include all of the following:34
* * *35
(2) A plan for assuring that the child receives safe and proper care and that36 SB NO. 152 ENROLLED
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services are provided to the parents, child, and foster parents in order to improve the1
conditions in the parents' home, facilitate the safe return of the child to his own home2
or other permanent placement of the child, or both, and address the needs of the child3
while in foster care, including a plan for visitation and a discussion of the4
appropriateness of the services that have been provided to the child under the plan.5
If the child has been committed to the custody of a person other than the parents, the6
plan shall recommend an amount the parents are obligated to contribute for the cost7
of care and treatment of their child in accordance with Article 685. When appropriate8
for a child age sixteen fifteen years of age or older, the plan shall include a written9
description of the programs and services which will help the child prepare for the10
transition from foster care to independent living.11
(3) For a child fifteen years of age or older the plan shall include a12
written, individualized, and thorough transitional plan, developed in13
collaboration with the child and any agency, department, or individual14
assuming his custody, care, or responsibility.15
(a) The transitional plan shall identify the programs, services, and16
facilities that will be used to assist the child in achieving a successful transition.17
The transitional plan shall address the needs of the child, including but not18
limited to education, health, permanent connections, living arrangements, and,19
if appropriate, independent living skills and employment.20
(b) The department shall ensure that all records in its files relevant to21
securing needed services in the community in which the child will live shall be22
immediately transmitted to the appropriate service provider.23
(3) (4) Documentation of the efforts the agency is making to safely return the24
child home or to finalize the child's placement in an alternative safe and permanent25
home in accordance with the child's permanent plan. For children whose permanent26
plan is adoption or placement in another permanent home, this documentation shall27
include child-specific recruitment efforts such as the use of state, regional, and28
national adoption exchanges, including electronic exchange systems, to facilitate29
orderly and timely in-state and interstate placements. For children whose permanent30 SB NO. 152 ENROLLED
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plan is guardianship, the documentation shall include the facts and circumstances1
supporting guardianship, including the reasons that the plan is in the best interest of2
the child and that reunification with a parent and adoption are not appropriate3
permanent plans. The documentation shall also address the suitability and4
commitment of the proposed guardian to offer a wholesome, stable home for the5
child throughout minority.6
(4) (5) Assessment of the child's relationships with his parents, grandparents,7
and siblings, including a plan for assuring that continuing contact with any relative8
by blood, adoption, or affinity with whom the child has an established and significant9
relationship is preserved while the child is in foster care. The preservation of such10
relationships shall be considered when the child's permanent plan is adopted.11
(5) (6) Documentation of the compelling reasons for determining that filing12
a petition for termination of parental rights would not be in the best interest of the13
child, when appropriate.14
* * *15
Comments - 201216
(a) The Fostering Connections to Success and Increasing Adoptions Act of17
2008 (P.L. 110-351) requires states during the 90-day period immediately prior to18
the date a child in custody attains eighteen years of age to "provide the child with19
assistance and support in developing a transition plan that is personalized at the20
direction of the child [and] includes specific options on housing, health insurance,21
education, local opportunities for mentors and continuing support services, and work22
force supports and employment services." In accordance with best practices, the23
State of Louisiana has by policy adopted the lower age of fifteen years. The Patient24
Protection and Affordable Care Act of 2010 (P.L. 111-148) further mandates the25
provision of information about health care treatment decision-making and specific26
health care options, including the option to execute a health care power of attorney,27
health care proxy, or other similar document recognized under state law.28
29
(b) The child's caseworker and other representatives are expected to assist30
and support the child in developing the personal transitional plan. The child's31
caregivers should also assist and support the child in developing the plan. Other32
community and state agencies involved with the child currently or prospectively33
should also contribute to plan development. Such agencies may include local34
educational authorities, the Office of Juvenile Justice, the Department of Health and35
Hospitals, and other child-serving organizations at the community or state level. 36
37
(c) The common transitional plan form developed and used by the38
Department of Children and Family Services and by Youth Services, Office of39
Juvenile Justice, is available on the website of each agency.40
* * *41 SB NO. 152 ENROLLED
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Art. 679. Notice; presence at disposition1
* * *2
C. The child need not be present when the court enters a judgment of3
disposition. A child twelve years of age or older shall be present in court unless4
his presence is waived by the court upon motion of the child's counsel. A child5
below the age of twelve years shall be present in court upon the request of6
counsel for the child or the court. If the child is present in court, he may choose7
to testify as to his wishes, and the court shall consider his testimony in the8
matter. Any testimony given by a child may be taken by a videotaped interview9
or by closed- circuit television, as authorized by Chapter 8 of Title III of this10
Code, or by an in-chambers conference attended only by the judge and court11
reporter and by counsel for the child, for the petitioner, and for the parents.12
D. The department shall give notice of the right to appear at the13
disposition hearing to any foster parent, pre-adoptive parent, or relative14
providing care for the child.15
D. E. If a foster parent, pre-adoptive parent, adoptive parent, or relative16
providing care for the child fails to appear at the disposition hearing, the department17
shall report to the court whether notice was given, or, if not, what diligent efforts18
were made to locate and notify the absent person. The court may permit the hearing19
to be held in the person's absence.20
F. The court shall solicit and consider information regarding the care21
and treatment of the child from any foster parent, pre-adoptive parent, or22
relative providing care for the child who appears for the hearing.23
Comments - 201224
(a) See Comment (a) to Article 623 for Paragraph C's compliance with25
Supreme Court Rule 33, Part III, Subpart II, Section 1, Standard 12.26
27
(b) Additionally, Article 680 requires the court to consider any and all28
evidence presented by the child during the disposition hearing, implying the child's29
presence. It also reflects the growing national trend for states to grant children the30
right to be present in court. A.B.A. Ctr on Youth and the Law, Bar-Youth31
Empowerment Project (2009). These changes are consistent with the A.B.A. Model32
Act Governing the Representation of Children in Abuse Neglect, and Dependency33
Proceedings adopted in August, 2011.34
35 SB NO. 152 ENROLLED
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(c) See Comment (b) to Article 623 for Paragraph D's compliance with the1
Safe and Timely Interstate Placement of Foster Children Act of 2006, 42 U.S.C. 6012
et seq., P.L. 105-89.3
4
(d) See Comment (b) to Article 623 for Paragraph F's compliance with the5
Safe and Timely Interstate Placement of Foster Children Act of 2006, that requires6
that "the foster parents (if any) of a child and any preadoptive parent or relative7
providing care for the child are provided with notice of, and a right to be heard in,8
any proceeding to be held with respect to the child." 42 U.S.C. 675(5)(G) (emphasis9
added). In particular, it clarifies the foster parent or caretaker's right to be heard. It10
also emphasizes the role of the child's daily caretaker and the insight that the care11
taken can provide. See Article 695.12
* * *13
Art. 695. Notice; foster parents, pre-adoptive parents, relatives providing care;14
right to be heard15
A. The department shall give notice of the right to appear at each case review16
hearing to any foster parent, pre-adoptive parent, adoptive parent, or relative17
providing care for the child.18
B. The notice shall state the day date, time, and place of the case review19
hearing and the recipient's right to attend and be heard.20
C. If a foster parent, pre-adoptive parent, adoptive parent, or relative21
providing care for the child fails to appear at a case review hearing, the department22
shall report to the court whether notice was given or, if not, what diligent efforts23
were made to locate and notify the absent person. The court may permit the hearing24
to be held in the person's absence.25
D. The court shall solicit and consider information regarding the care26
and treatment of the child from any foster parent, pre-adoptive parent, or27
relative providing care for the child who appears for the hearing.28
Comment - 201229
See Comment (b) to Article 623 for Paragraph D's compliance with the Safe30
and Timely Interstate Placement of Foster Children Act of 2006. It also emphasizes31
the role of the child's daily caretaker and the insight he can provide.32
Art. 696. Rights of parties33
* * *34
B. A child twelve years of age or older shall be present in court unless35
his presence is waived by the court upon motion of the child's counsel. A child36 SB NO. 152 ENROLLED
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below the age of twelve years shall be present in court upon the request of1
counsel for the child or the court. If the child is present in court, he may choose2
to testify as to his wishes, and the court shall consider his testimony in the3
matter. Any testimony given by a child may be taken by a videotaped interview4
or by closed-circuit television, as authorized by Chapter 8 of Title III of this5
Code, or by an in-chambers conference attended only by the judge and court6
reporter and by counsel for the child, for the petitioner, and for the parents.7
B. C. Any party who has received notice of the case review hearing and does8
not appear shall be deemed to have waived his right to be present.9
Comments - 201210
(a) See Comment (a) to Article 623 for Paragraph B's compliance with11
Louisiana Supreme Court Rule 33, Part III, Subpart II, Section 1, Standard 12.12
13
(b) Additionally, the rights provided to a party in Paragraph A of this Article14
require a presumption that the child be present during the hearing. It also reflects the15
growing national trend for states to grant children the right to be present in court.16
A.B.A. Ctr on Youth and the Law, Bar-Youth Empowerment Project (2009). These17
changes are consistent with the A.B.A. Model Act Governing the Representation of18
Children in Abuse, Neglect, and Dependency Proceedings adopted in August, 2011.19
* * *20
Art. 702. Permanency hearing21
* * *22
J. In the case of a child who has attained age sixteen fifteen years of age or23
older, the hearing shall determine the services needed to assist the child to make the24
transition from foster care to independent living include a review of the transitional25
plan developed with the child and the agency in accordance with Subparagraph26
(B)(3) of Article 675.27
Comment - 201228
See Comment to Children's Code Article 675.29
* * *30
Art. 705. Notice; right to be heard31
A. The department shall give notice of the right to appear at each32
permanency hearing to any foster parent, pre-adoptive parent, adoptive parent, or33
relative providing care for the child.34 SB NO. 152 ENROLLED
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B. The notice shall state the day date, time, and place of the permanency1
hearing and the recipient's right to attend and be heard.2
C. If a foster parent, pre-adoptive parent, adoptive parent, or relative3
providing care for the child fails to appear at a permanency hearing, the department4
shall report to the court whether notice was given or, if not, what diligent efforts5
were made to locate and notify the absent person. The court may permit the hearing6
to be held in the person's absence.7
D. The court shall solicit and consider information regarding the care8
and treatment of the child from any foster parent, pre-adoptive parent, or9
relative providing care for the child who appears for the hearing.10
Comment - 201211
See Comment (b) to Article 623 for Paragraph D's compliance with the Safe12
and Timely Interstate Placement of Foster Children Act of 2006. In particular, it13
clarifies the foster parent or caretaker's right to be heard. It also emphasizes the role14
of the child's daily caretaker and the insight that he can provide. See Article 695.15
Art. 706. Rights of parties16
* * *17
B. A child twelve years of age or older shall be present in court unless18
his presence is waived by the court upon motion of the child's counsel. A child19
below the age of twelve years shall be present in court upon the request of20
counsel for the child or the court. If the child is present in court, he may choose21
to testify as to his wishes, and the court shall consider his testimony in the22
matter. Any testimony given by a child may be taken by a videotaped interview23
or by closed-circuit television, as authorized by Chapter 8 of Title III of this24
Code, or by an in-chambers conference attended only by the judge and court25
reporter and by counsel for the child, for the petitioner, and for the parents.26
B. C. Any party who has received notice of the dispositional review hearing27
and does not appear shall be deemed to have waived his right to be present.28
Comments - 201229
(a) See Comment (a) to Article 623 for Paragraph B's compliance with30
Louisiana Supreme Court Rule 33, Part III, Subpart II, Section 1, Standard 12.31
32
(b) Additionally, the rights provided to a party in Paragraph A of this Article33 SB NO. 152 ENROLLED
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require a presumption that the child be present during the hearing. It also reflects the1
growing national trend for states to grant children the right to be present in court.2
A.B.A. Ctr on Youth and the Law, Bar-Youth Empowerment Project (2009). These3
changes are consistent with the A.B.A. Model Act Governing the Representation of4
Children in Abuse, Neglect, and Dependency Proceedings adopted in August, 2011.5
* * *6
Art. 776. Permanency planning reports7
* * *8
B. When the department Department of Public Safety and Corrections is the9
custodian, the provisions of Chapter 15 of Title VI shall be applicable only as10
provided in Article 907 and Article 908(C).11
Comments - 201212
(a) The development of a transitional plan in collaboration with a child fifteen13
years of age or older transitioning from foster care to independent living was14
mandated by the Fostering Connections to Success and Increasing Adoptions Act of15
2008 (P.L. 110-351). Inclusion of specific health care options in the plan is16
mandated by the Patient Protection and Affordable Care Act of 2010 (P.L. 111-148).17
18
(b) The transitional plan form developed and used by the Department of19
Children and Family Services and by Youth Services, Office of Juvenile Justice is20
available on the agencies' websites.21
* * *22
Art. 853. Effect of nonappearance by a parent23
If it appears from the record that the parent has been served in accordance24
with Article 849 or 852 and summoned to any hearing, or cannot be found, and the25
parent fails to appear, the hearing may be held in the parent's absence. Should the26
court decide to proceed, it may appoint a Court Appointed Special Advocate in27
accordance with Article 424 for the child. The court shall appoint counsel for the28
child if neither parent appears.29
* * *30
Art. 908. Care and treatment by Department of Public Safety and Corrections31
department32
* * *33
C. At least six months prior to the release of the child, the department34
shall prepare a written, individualized, and thorough transitional plan35
developed in collaboration with the child and any agency or department36 SB NO. 152 ENROLLED
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assuming his custody, care, or responsibility.1
(1) The plan shall identify the programs, services, and facilities that will2
be used to assist the child in achieving a successful release from the3
department's custody.4
(2) A copy of the transitional plan shall be provided to the court, counsel5
for the child, and the district attorney.6
(3) The transitional plan shall address the needs of the child, including7
but not limited to education, health, permanent connections, living8
arrangements, independent living skills, and employment.9
(4) The department shall ensure that all records in its files relevant to10
securing needed services in the community in which the child will live shall be11
immediately transmitted to the appropriate service provider.12
D. The court shall not divide legal and physical custody of a child when13
assigning custody to the department in accordance with this Article or in accordance14
with any other statute or provision of law.15
Comments - 201216
(a) Transition plans were originally required only for youth who had been17
adjudicated delinquent for an offense listed in Article 897.1. Transitional plans are18
now mandated for all youth in the custody of the Office of Juvenile Justice.19
20
(b) The transitional plan form developed and used by the Department of21
Children and Family Services and by Youth Services, Office of Juvenile Justice, is22
available on the agencies' websites.23
* * *24
Art. 1015. Grounds25
The grounds for termination of parental rights are:26
* * *27
(3) Misconduct of the parent toward this child or any other child of the28
parent or any other child in his household which constitutes extreme abuse, cruel and29
inhuman treatment, or grossly negligent behavior below a reasonable standard of30
human decency, including but not limited to the conviction, commission, aiding or31
abetting, attempting, conspiring, or soliciting to commit any of the following:32
* * *33 SB NO. 152 ENROLLED
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(k) The parent's parental rights to one or more of the child's siblings have1
been terminated due to neglect or abuse, and prior attempts to rehabilitate the parent2
have been unsuccessful, and the court has determined pursuant to Article 672.1,3
that current attempts to reunite the family are not required.4
* * *5
Art. 1030. Suspension of right of voluntary surrender of parental rights by initiation6
of termination proceeding7
Once a petition to terminate parental rights has been filed, the parent is8
thereafter without authority to execute an act of surrender or otherwise to affect the9
custody of the child except:10
* * *11
(2) The parent may consent to a judgment terminating his parental rights as12
provided in Article 1033 1025.2.13
* * *14
Art. 1211. Final decree at first hearing15
Notwithstanding Article 1216, upon the consideration of the factors16
enumerated in Article 1208(B), the court may render a final decree of private agency17
adoption at the first hearing without the necessity of first entering an interlocutory18
decree, if either:19
* * *20
Section 2. Children's Code Article 730(10) is hereby repealed in its entirety.21
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: