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Regular Session, 2012
SENATE BILL NO. 467
BY SENATOR BROOME
CHILDREN'S CODE. Provides relative to grounds for initiating proceedings for a family
in need of services. (8/1/12)
AN ACT1
To amend and reenact Children's Code Articles 730 (introductory paragraph) and 731(A)2
and to enact Children's Code Articles 731(C)(5) and 749(A)(5), relative to families3
in need of services; to provide for grounds for initiating proceedings; to provide for4
required documentation prior to filing complaints; to provide for required5
allegations; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Children's Code Article 730(introductory paragraph) and 731(A) are8
hereby amended and reenacted and Children's Code Article 731(C)(5) and 749(A)(5) are9
hereby enacted to read as follows:10
Art. 730. Grounds.11
Allegations that a family is in need of services must assert whether the child12
is currently under the supervision of any state or local entity including, but not13
limited to, the Department of Children and Family Services, the Department of14
Public Safety, Youth Services, or the office of juvenile justice, and assert one or15
more of the following grounds:16
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Art. 731. Complaint1
A. A caretaker, other adult family member, any representative of an agency2
having the responsibility or ability to supply services to a family, or any other person3
authorized by the court may file a complaint which alleges one or more of the4
grounds enumerated in Article 730. Referring entities shall utilize all appropriate5
and available resources prior to filing a complaint and provide documentation6
of all steps taken at the time the complaint is filed. If the referring entity is a7
school, it shall at a minimum document meetings with the child, meetings with8
the child's caretaker, and referral of the child to school behavior support9
personnel.10
* * *11
C. The complaint shall set forth with specificity:12
* * *13
(5) Whether the child is currently under the supervision of any state or14
local entity, including but not limited to, the Department of Children and15
Family Services, the Department of Public Safety, Youth Services, or the office16
of juvenile justice.17
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Art. 749. Contents of petition19
A. The petition shall set forth with specificity:20
* * *21
(5) Whether the child is currently under the supervision of any state or22
local entity, including but not limited to, the Department of Children and23
Family Services, the Department of Public Safety, Youth Services, or the office24
of juvenile justice.25
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Broome (SB 467)
Present law in Children's Code provides that one or more of a specific list of certain
allegations must be asserted to a court in order for a family to be determined in need of
services.
Proposed law retains the present list of possible allegations from which a family may be
determined in need of services, and adds that those allegations must include asserting
whether the child is currently under the supervision of any state or local entity, including but
not limited to, the Department of Children and Family Services, the Department of Public
Safety, Youth Services or the office of juvenile justice.
Present law provides that a caretaker, another adult family member, any representative of
an agency with responsibility or ability to supply services to a family, or any other person
authorized by the court may file a complaint alleging one or more grounds listed in present
law.
Proposed law adds that any of these referring entities shall use all appropriate and available
resources before filing a complaint, and shall provide documentation of all steps taken at the
time such a complaint is filed. Further provides that if the referring entity is a school, it shall
document meetings with the child, meetings with the child's caretaker and referral of the
child to school behavior support personnel.
Proposed law further provides that both the complaint and the petition shall set forth with
specificity whether the child is currently under the supervision of any state or local entity,
including, but not limited to, the Department of Children and Family Services, the
Department of Public Safety, Youth Services or the office of juvenile justice.
Effective August 1, 2012.
(Amends Ch.C. Art. 730(intro para) and 731(A); adds Ch.C. Art. 731(C)(5) and 749(A)(5))