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Regular Session, 2012
SENATE BILL NO. 444
BY SENATOR PETERSON
CHILDREN'S CODE. Provides for transitition period and eventual elimination of
commitment of child to secure detention facility in families in need of services proceedings.
(See Act)
AN ACT1
To amend and reenact Children's Code Articles 737(A), 738(A) and (D), 779(A)(5),2
782(A)(6), 791, and 1509.1(C), and to repeal Children's Code Articles 739(B),3
742(B) and 1509.1(C)(2), relative to families in need of services proceedings; to4
provide relative to commitment of the child; to eliminate under certain conditions5
commitment of the child to a detention facility; to provide certain terms, conditions,6
procedures and requirements; to provide certain effective dates for amendment and7
repeal of law; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Children's Code Article 1509.1(C) is hereby amended and reenacted to10
read as follows:11
Art. 1509.1. Penalties for contempt; children12
* * *13
C. In families in need of services proceedings, when the child is adjudged14
guilty of direct contempt of court or constructive contempt of court for repeated15
disobedience of the court's judgment of disposition, the court may: 16
(1) Commit the child to a shelter care facility for not more than fifteen days,17 SB NO. 444
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including time spent there for the contempt prior to the contempt hearing. 1
(2) Commit the child to a secure detention facility for not more than fifteen2
days, including time spent there for the contempt prior to the contempt hearing a3
total of ten days in any six-month period, if the court finds that all of the following4
have occurred:5
(a) A judgment of disposition was entered pursuant to Article 782.6
(b) The child willfully violated the judgment of disposition. 7
(c) All sanctions other than secure confinement have been exhausted or are8
clearly inappropriate. 9
* * *10
Section 2. Children's Code Articles 737(A), 738(A) and (D), 779(A)(5), 782(A)(6),11
and 791 are hereby amended and reenacted to read as follows: 12
Art. 737. Place of prehearing placement upon a taking into custody 13
A. When taken into custody, the child shall be placed in the least restrictive14
prehearing placement consistent with the child's need for protection or control, in the15
following order of priority:16
(1) The home of a relative who is of the age of majority and who is willing17
and able to offer a wholesome and stable environment for the child subject to the18
supervision of the court.19
(2) The home of a suitable adult who is concerned about the child and who20
is willing and able to offer a wholesome and stable environment for the child subject21
to the supervision of the court and who is eligible for certification as an emergency22
foster home pursuant to R.S. 46:281 through 286 or R.S. 46:1406 et seq.23
(3) A shelter care facility for juveniles.24
(4) A secure detention facility, until a hearing is held in accordance with25
Article 739, if the child can be detained separately from children who have been26
adjudicated delinquent and any of the following apply:27
(a) The child is a runaway.28
(b) The child is ungovernable.29 SB NO. 444
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(c) The child has previously failed to appear at a scheduled juvenile court1
hearing.2
* * *3
Art. 738. Release from custody4
A. As soon as practicable after a child is received by a shelter care facility or5
a secure detention facility, the court or a probation officer employed and authorized6
by the court, upon determining it to be appropriate, shall release the child to the care7
of his parents or other relatives or caretakers upon their written promise to bring him8
to court at such times as may be fixed by the court and to comply with other orders9
of the court for the child's evaluation or treatment, if any. The court may also impose10
reasonable restrictions upon the child's travel, place of abode, association with other11
people, or employment during this period of release.12
* * *13
D. An appropriate representative of the arresting agency shall be responsible14
for transporting the child to the adjudication or disposition hearing, or both, and15
transporting the child back to the shelter care facility or secure detention facility as16
determined by the court through its order or judgment of disposition.17
* * *18
Art. 779. Dispositional alternatives19
A. In any case in which the family has been adjudicated to be in need of20
services, the court may impose the following orders directly affecting any child of21
the family:22
* * *23
(5) Assign the child to the custody of a private or public institution or agency,24
except that the child shall not be placed in a correctional facility designed and25
operated exclusively for delinquent children, nor shall such facility accept the child.26
* * *27
Art. 782. Judgment of disposition28
A. The court shall enter into the record a written judgment of disposition29 SB NO. 444
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specifying the following:1
* * *2
(6) A warning in substantially the following form: "If you do not obey each3
and every condition and rule of this order, you may be placed in a juvenile shelter4
or detention facility."5
* * *6
Art. 791. Contempt; prehearing detention7
A. If there are reasonable grounds to believe that the child has violated the8
terms of a judgment of disposition, the child may be taken into custody in9
accordance with Article 735 or 736.10
B. If, in addition, there are reasonable grounds to believe that taking the child11
into custody is necessary for his protection or control or to assure the child's12
appearance at the contempt hearing, the child may be taken into custody to a secure13
detention facility in accordance with Article 735 or 736.14
B. C. The peace officer, probation officer, or an appropriate representative15
of the arresting agency shall have the authority and responsibility to transport the16
child to the shelter care facility such shelter care facility or detention facility.17
C. D. If the child is taken to a shelter care facility or detention facility, there18
shall be a hearing within twenty-four hours, exclusive of legal holidays, to determine19
whether:20
(1) A judgment of disposition was entered in compliance with Article 782.21
(2) Reasonable grounds exist that the child has violated the judgment of22
disposition.23
D. E. If the requirements of Paragraph C D are met, the child may be24
detained for up to three days pending a hearing on the rule for contempt. This time25
limitation shall run from the time of the reasonable grounds determination or the26
taking into custody, whichever is later.27
F. A child shall not be detained in a secure juvenile detention facility for any28
alleged violation of an informal family services plan agreement.29 SB NO. 444
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* * *1
Section 3. Children's Code Articles 739(B), 742(B) and 1509.1(C)(2) are hereby2
repealed. 3
Section 4. The provisions of Section 1 of this Act shall become effective on August4
1, 2012. The provisions of Sections 2 and 3 of this Act shall become effective on August5
1, 2014.6
The original instrument was prepared by Jerry G. Jones. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Julie J. Baxter.
DIGEST
Peterson (SB 444)
Present law in Children's Code provides relative to families in need of services proceedings.
Provides when taken into custody, a child shall be placed in the least restrictive prehearing
placement consistent with the child's need for protection or control, in the following order
of priority:
1. The home of a relative who is of the age of majority and who is willing and able to
offer a wholesome and stable environment for the child subject to the supervision of
the court.
2. The home of a suitable adult who is concerned about the child and who is willing and
able to offer a wholesome and stable environment for the child subject to the
supervision of the court and who is eligible for certification as an emergency foster
home.
3. A shelter care facility for juveniles.
4. A secure detention facility until a hearing is held, if the child can be detained
separately from children who have been adjudicated delinquent and any of the
following apply:
(a)The child is a runaway.
(b)The child is ungovernable.
(c)The child has previously failed to appear at a scheduled juvenile court
hearing.
Present law further provides that a court may assign a child in a family who has been
adjudicated to be in need of care to a correctional facility, or warn a child in a judgment of
disposition that, if the child does not obey the court's order, he may be placed in a detention
facility. Further provides that a peace officer, probation officer or appropriate representative
of an arresting agency may transport the child to a secure detention facility.
Present law further provides that, when a child is adjudged guilty of direct contempt of court
or constructive contempt of court for repeated disobedience, the court may commit the child
to a secure detention facility for not more than fifteen days. SB NO. 444
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Proposed law removes reference to placement in detention facilities in present law governing
families in need of services proceedings.
Proposed law further provides for a transition period from August 1, 2012 through August
1, 2014 during which, when a child is adjudged guilty of contempt of court, the court may
commit the child to a secure detention facility for not more than a total of ten days in any six
month period (instead of the current fifteen days).
Proposed law further provides that, from August 1, 2014 forward, children in families
adjudged to be in need of services shall not be committed to secure detention facilities.
Proposed law provides that the two-year transition period where a child may be committed
to a secure detention facility for not more than 10 days in any six month period, shall be
effective August 1, 2012.
Proposed law provides that its provisions removing reference to or authorization to commit
a child in a family in need of services to a secure detention facility, shall be effective August
1, 2014.
(Amends Ch.C. Arts. 737(A), 738(A) and (D), 779(A)(5), 782(A)(6), 791, and 1509.1(C);
repeals Ch.C. Arts. 739(B), 742(B), and 1509.1(C)(2))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Provides for transition period from August 1, 2012 through August 1, 2014
during which the court, when a child is adjudged guilty of contempt of court,
may commit the child to a secure detention facility for not more than a total
of ten days in any six month period (currently that time period is "not more
than fifteen days")
2. Provides that, from August 1, 2014 forward, when a child is adjudged guilty
of contempt of court, the court shall not commit the child to a secure
detention facility, but may commit the child to a shelter care facility for not
more than fifteen days.
3. Provides for effective dates.