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Regular Session, 2013
SENATE BILL NO. 227
BY SENATOR TARVER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
WELFARE. Provides for Families in Need of Services. (gov sig)
AN ACT1
To amend and reenact Children's Code Articles 726, 729.1, 730, 731(A), heading of 737,2
746, 750(A), 756(A), 776(B), 779(A)(1) and (B)(1), 784, 788(A), 790, 791(B), to3
enact Chapter 7 of Title V of the Louisiana Children's Code, to be comprised of4
Articles 581 through 589, Chapter 8 of Title V of the Louisiana Children's Code, to5
be comprised of Articles 590 through 593, and Chapter 9 of Title V of the Louisiana6
Children's Code, to be comprised of Articles 594 through 597 and 731(E), and to7
repeal Children's Code Articles 728(3), (4) and (5), 732, 733.1, 749(D), Chapter 58
of Title VII of the Louisiana Children's Code, comprised of Articles 743 through 7459
and Chapters 15 and 16 of the Louisiana Children's Code, comprised of Articles10
791.1 through 793.4, relative to families in need of services; to provide for11
definitions, terms, and conditions; to provide for grounds for entry into formal and12
informal families in need of services process; to provide for the process and13
proceedings for informal and formal families in need of services process; to provide14
for duties of an intake officer in informal families in need of services process; to15
provide for informal family service plan procedure; to provide for truancy and16
assessment and service centers; to provide for local and state participation; to17 SB NO. 227
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provide for early intervention program for the parishes of Iberia, St. Mary, and St.1
Martin; to provide for the early intervention fund; to change the venue for formal2
families in need of services; to provide for the judgment of disposition; and to3
provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Children's Code Articles 726, 729.1, 730, 731(A), heading of 737, 746,6
750(A), 756(A), 776(B), 779(A)(1) and (B)(1), 784, 788(A), 790, 791(B) are hereby7
amended and reenacted and Chapter 7 of Title V of the Louisiana Children's Code,8
comprised of Articles 581 through 589, Chapter 8 of Title V of the Louisiana Children's9
Code, comprised of Articles 590 through 593, and Chapter 9 of Title V of the Louisiana10
Children's Code, comprised of Articles 594 through 597 and 731(E) are hereby enacted to11
read as follows: 12
CHAPTER 7. FAMILIES IN NEED OF SERVICES; INFORMAL PROCESS13
PART 1. PRELIMINARY PROVISIONS; DEFINITIONS14
Art. 581. Purpose15
The purpose of this Chapter is to define potentially harmful behaviors16
by the child and conduct by other family members which contribute to the17
child's harm and which warrant intervention in the family's life so that18
appropriate services to the family may be secured, to establish a voluntary19
family service plan advising family members of, and referring family members20
to appropriate, recommended service providers, and to protect the integrity of21
the family.22
Art. 581.1. General applicability23
The provisions of this Chapter shall apply to the informal families in24
need of services process. Additionally, the provisions of Chapter 4 of Title VII25
remain applicable to the stop or the taking into custody of a child subject to this26
Chapter.27
Art. 581.2. Definitions28
As used in this Chapter:29 SB NO. 227
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(1) "Caretaker" means any person providing a residence for the child or1
any person legally obligated to provide or secure adequate care for the child,2
including a parent, tutor, guardian, or legal custodian.3
(2) "Child" means a person under eighteen years of age who, prior to4
a referral, has not been judicially emancipated or emancipated by marriage.5
(3) "Runaway" means the continued absence of the child from the home6
of his caretaker without the caretaker's consent.7
(4) "Truant" means the repeated or habitual unauthorized absence or8
tardiness of a child from school pursuant to the provisions of R.S. 17:221 and9
233, by a child who is subject to the compulsory attendance laws of this state.10
(5) "Ungovernable" means the child's habitual disregard of the lawful11
and reasonable demands of his caretaker and that the child is beyond12
caretaker's control.13
PART 2. PERSONS ELIGIBLE TO PARTICIPATE IN THE INFORMAL14
FAMILIES IN NEED OF SERVICES PROCESS; GROUNDS; REFERRAL15
Art. 582. Informal families in need of services process participants16
The child, caretaker, or any other member of the child's family may seek17
voluntary services offered through informal families in need of services offices18
according to program standards promulgated by the Louisiana Supreme19
Court's families in need of services assistance program.20
Art. 583. Parish in which the process may be conducted21
Access to interventions under this Chapter may be commenced in the22
parish in which the child is residing with his parent or guardian, the parish in23
which the child is residing with his caretaker, the parish in which the referred24
conduct took place or existed, or the parish in which the child is found.25
Art. 584. Bases for intervention26
An informal families in need of services referral shall assert whether the27
child is currently under the supervision of any state or local entity including but28
not limited to the Department of Children and Family Services or the29 SB NO. 227
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Department of Public Safety and Corrections, youth services, office of juvenile1
justice, and assert one or more of the following bases for intervention:2
(1) A child is truant.3
(2) A child has willfully and repeatedly violated lawful school rules.4
(3) A child is ungovernable.5
(4) A child is a runaway.6
(5) A child has repeatedly possessed or consumed intoxicating beverages,7
or has misrepresented or deceived his age for the purpose of purchasing or8
receiving such beverages from any person, or has repeatedly loitered around9
any place where such beverages are the principal commodities sold or handled.10
(6) A child has committed an offense applicable only to children.11
(7) A child under ten years of age has committed any act which if12
committed by an adult would be a crime under any federal, state, or local law.13
(8) A caretaker has caused, encouraged, or contributed to the child's14
behaviors enumerated in this Article or to the commission of delinquent acts as15
defined in Title VIII of the Louisiana Children's Code.16
(9) After notice, a caretaker has willfully failed to attend a meeting with17
the child's teacher, school principal, or other appropriate school employee to18
discuss the child's truancy, the child's repeated violation of school rules, or19
other serious educational problems of the child.20
(10) A child has been found incompetent to proceed with a delinquency21
matter under Articles 832 et seq.22
(11) A child has been found to have engaged in cyberbullying.23
PART 3. INTAKE24
Art. 585. Referral25
A. A caretaker, other adult family member, or any representative of an26
agency having the responsibility or ability to supply services to a family, or any27
other person authorized by the court may make a referral based on one or more28
of the bases enumerated in Article 584. Referring entities shall utilize all29 SB NO. 227
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appropriate and available resources prior to making a referral and provide1
documentation of all steps taken at the time the referral is made. If the2
referring entity is a school, it shall at minimum document meetings with the3
child, meetings with the child's caretaker, and referral of the child to school4
behavior support personnel.5
B. If the referral is made by a school, the referral shall be accompanied6
by the form provided for in R.S. 17:416(A)(4)(a).7
C.(1) The referral form shall set forth with specificity the following8
information:9
(a) The name, date, place of birth, sex, race, address, and present10
location of the child.11
(b) The name, age, sex, and current address of the child's parents or12
other caretakers.13
(c) The name, age, and sex of any other family members living within14
the child's home.15
(d) The name of any public institution or agency having the16
responsibility or ability to supply services alleged to be needed by the family.17
(e) Whether the child is currently under the supervision of any state or18
local entity, including but not limited to, the Department of Children and19
Family Services or the Department of Public Safety and Corrections, youth20
services, or the office of juvenile justice.21
(2) If any of the information required by Subparagraph (1) of this22
Paragraph is unknown, the complaint shall so allege.23
D. The Louisiana Supreme Court shall develop and collect data to track24
specific performance indicators including but not limited to the following:25
(1) Referrals to community-based services.26
(2) Timeliness thresholds throughout the informal families in need of27
services process.28
E. The Louisiana Supreme Court families in need of services assistance29 SB NO. 227
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program shall develop a manual and provide training to local families in need1
of services offices on new requirements and accepting appropriate referrals not2
later than September 1, 2013.3
Art. 586. Duties of intake officer4
A. The court shall designate an individual to serve as the intake officer5
for the informal families in need of services program.6
B. Unless otherwise specified by the court, the duties of the intake officer7
shall include:8
(1) Follow all program criteria and protocols as set forth by the9
Louisiana Supreme Court.10
(2) Responsibility for receiving all referrals alleging that a family is in11
need of services.12
(3) Responsibility for completing the intake form and conducting a13
preliminary investigation into the merits of the allegations.14
(4) Responsibility to disclose to the parent or caretaker that the informal15
process is voluntary and that the family may reject services at any time.16
(5) Responsibility to obtain the family's consent to participate in the17
process.18
(6) Responsibility for identifying any public or private institutions or19
agencies or community-based resources having the ability to supply any needed20
services.21
(7) Scheduling the conference authorized by Article 587 and notifying22
all participants of the time and place of the conference.23
(8) Conducting the informal family services plan conference and writing24
the resulting agreement, if any.25
(9) Coordinating the implementation of the resulting agreement,26
including referring the family to needed services and if necessary assisting27
families in securing those services.28
(10) Contacting families to determine if recommended services have29 SB NO. 227
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been acquired or if additional assistance is needed to obtain those services.1
(11) Referring the case for petition and an adjudication hearing, if2
necessary, for the grounds provided in Article 584(6) and (9).3
PART 4. INFORMAL FAMILY SERVICES PLAN PROCEDURE4
Art. 587. Informal family conference5
The informal families in need of services officer may convene at any time6
a conference to be attended by the child, his caretaker, and representatives of7
any public or private institution or agency or community-based resources8
having the responsibility and ability to supply services to the family, addressing9
the needs outlined in the original referral.10
Art. 588. Informal family services plan agreement11
A. After any conference, the child, his caretakers, and any service12
provider may effect a voluntary informal family services plan agreement.13
B. A voluntary informal family services plan agreement shall include:14
(1) The identification of the conduct of the child, caretaker, or any15
family member which is causing serious harm to the child and the services16
needed to improve that conduct.17
(2) A description of the services which are needed for the child, his18
caretaker, or other family members, the availability of such services within the19
community, and referrals to those services.20
(3) A description of all recommended actions to be taken by the child,21
his caretaker, other family members, and service providers.22
(4) An estimate of the time anticipated to be necessary in order to23
accomplish the goals set forth in the agreement.24
C. An informal family services plan agreement shall be in writing and25
signed by the convenor of the informal adjustment conference and all parties.26
D. The duration of the informal family services plan agreement shall not27
exceed six months. However, the agreement may be extended for one additional28
six-month period.29 SB NO. 227
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Art. 589. Effect of informal family services plan agreement; confidentiality1
A. An informal family services plan agreement shall not be considered2
an adjudication. Evidence of the existence of such an agreement shall not be3
used against the child, the caretaker, or other family member over objection in4
any adjudication hearing or criminal trial. However, such evidence may be5
used in a disposition hearing in the juvenile court or for the purpose of a6
presentence investigation after a criminal conviction.7
B. Any incriminating statement made by the child, caretaker, or other8
family member during discussions or conferences incidental to the informal9
family services plan agreement shall not be used against the declarant, over10
objection, in an adjudication hearing or criminal trial. Any such statement may11
be reported as the basis for a referral to the local child protection unit of the12
Department of Children and Family Services in accordance with Article 610, if13
it causes the intake officer to believe that a child's physical health, mental14
health, or welfare is endangered by abuse or neglect. Any such statement may15
be used in a disposition hearing in the juvenile court or for the purpose of a16
presentence investigation after a criminal conviction.17
CHAPTER 8. TRUANCY AND ASSESSMENT AND SERVICE CENTERS18
Art. 590. Purpose19
The purpose of this Chapter is to authorize the creation of truancy and20
assessment and service centers. Truancy has long been demonstrated21
nationwide as a primary indicator of a path to juvenile delinquency. Parishes22
and judicial districts have demonstrated a willingness to address truancy by23
providing a physical location in each parish where personnel from local schools,24
law enforcement, courts exercising jurisdiction over juveniles, district attorneys,25
correction and substance abuse counselors, and family and child-serving26
agencies can work together in a coordinated effort. Early intervention has been27
demonstrated as a key component to preventing later delinquent behavioral28
actions of juveniles who demonstrate a propensity for destructive or criminal29 SB NO. 227
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behavior. The earliest possible venue for addressing the problem begins in1
kindergarten. By intervening at this phase, it is possible to correct potential2
delinquent behavior before the chances for correction become insurmountable.3
The centers will address the underlying causes of truancy by pooling existing4
resources targeted at the child and family through appropriate action by service5
and treatment agencies.6
Art. 591. Parish involvement7
Duly authorized representatives of the school board; law enforcement8
including the sheriffs' offices and city and municipal police offices, courts9
exercising jurisdiction over juveniles and their parents and guardians, and10
offices of the district attorney, corrections and designated service providers11
shall sign interagency agreements specific to each parish which represents a12
commitment by each entity to agree to provide the following types of services:13
(1) School boards and their systems in general shall assist child welfare14
and attendance officers in creating student background data, including15
attendance records, unexcused absences, conduct violations, discipline records,16
report cards, and transcripts as permitted by law. School systems shall also17
provide access to all school-based education, counseling, and related services.18
(2) Law enforcement agencies in a parish, including the sheriff and19
municipal and local police, generally shall provide selective transportation of20
youth to the centers and in-kind service identification of truants through21
regular law enforcement operations and provide for a presence at a center.22
(3) Informal families in need of services personnel shall work in23
partnership with the child welfare and attendance officers to monitor client24
progress and coordinate other services.25
(4) Truancy and assessment and service centers shall work with26
collaborating agencies to identify youth and monitor treatment plan progress27
and, to the degree possible, assist the center in obtaining and utilizing a28
continuum of services and sanctions for identified youth. In accordance with29 SB NO. 227
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R.S. 17:221 through 223, the courts in conjunction with the district attorneys1
shall direct formal court action on noncompliance cases and integrate the needs2
of truant youth with existing drug treatment court programs.3
(5) Through multiagency collaborative efforts between various4
community service organizations, there shall be a unified effort to provide5
services related to child abuse and neglect to identified youth. Service and6
treatment plans shall be developed, including mental health evaluation and7
treatment; with parental substance abuse evaluation and treatment, educational8
evaluation, probation services, and alternative school placement and guidance.9
(6) The various offices of the district attorneys shall designate10
prosecutors to work with the district and juvenile courts to develop and11
implement a coordinated effort to deal with truants and their families early in12
their court involvement and assist with data follow-up and outcome evaluation.13
Additionally, the offices of the district attorneys, if necessary, shall institute14
charges that may be levied against the family when they are noncompliant with15
the service plan.16
Art. 592. Monitoring17
A. In order to determine the effectiveness of the program, the Louisiana18
Commission on Law Enforcement and the Administration of Criminal Justice19
shall develop and implement a monitoring and evaluation program subject to20
state funding.21
B. The Louisiana Commission on Law Enforcement and the22
Administration of Criminal Justice may also develop and implement a23
monitoring and evaluation program for all parishes with truancy and24
assessment and service centers subject to state funding.25
Art. 593. Reporting; operation26
A. On July first of each year beginning in 2014, the Louisiana27
Commission on Law Enforcement and the Administration of Criminal Justice28
shall report statistical data indicating the effectiveness of this program to the29 SB NO. 227
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appropriate standing committees of the legislature for use by the committees in1
consideration of continuation or expansion of the program.2
B. The provisions of this Chapter with respect to any parish which has3
a truancy and assessment and service center shall be operational subject to4
appropriation by the legislature.5
CHAPTER 9. EARLY INTERVENTION PROGRAMS6
Art. 594. Early intervention program; authorization; purpose7
The purpose of this Article and Articles 595 through 597 is to authorize8
the creation of an early intervention program, hereinafter referred to as the9
"program", in the parishes of Iberia, St. Mary, and St. Martin. The purpose of10
the program shall be to address the underlying causes of behavioral problems11
and school performance problems related to behavior by pooling existing12
resources targeted at the child and family through appropriate action by service13
and treatment providers. The legislature finds:14
(1) Research indicates that early identification and intervention of15
aggressive, antisocial, or delinquent behaviors are critical to the prevention of16
juvenile delinquency in later years.17
(2) Research also indicates that school-based preventive tactics for18
violent or aggressive behaviors are beneficial to the overall academic success of19
children, especially when such programs include parental involvement in20
prevention and intervention strategies.21
(3) The district attorney of Iberia, St. Mary, and St. Martin parishes, in22
conjunction with the local school boards in such parishes, has demonstrated a23
willingness to address behavioral problems or school performance problems24
related to behavior by providing physical locations in each parish where25
personnel can work together in a coordinated effort.26
(4) Early intervention has been demonstrated as the key to providing the27
greatest chance for correcting the actions of youth who demonstrate a28
propensity for destructive or criminal behavior.29 SB NO. 227
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(5) The earliest possible venue for addressing the problem begins in the1
elementary grades.2
(6) By intervening at this phase, it is possible to correct potential3
delinquent behavior before the chances for correction become insurmountable.4
Art. 595. Community involvement5
Duly authorized representatives of the local school board, law6
enforcement agencies, including sheriffs' offices and city and municipal police7
offices, courts exercising jurisdiction over juveniles and their caretakers, and8
designated service providers shall sign interagency agreements specific to each9
parish representing a commitment by each entity to agree to provide the10
following types of services:11
(1) The local school board in the parish shall assist in creating student12
background data, including attendance records, unexcused absences, conduct13
violations, discipline records, report cards, and transcripts as permitted by law.14
The board also shall provide access to all school-based education, counseling,15
and related services.16
(2) Law enforcement agencies in the parish, including the sheriff and17
municipal and local police, shall provide law enforcement necessary to assist the18
program to reach its goals. These services shall include but shall not be limited19
to the following:20
(a) Supporting early intervention in the implementation of strategies that21
combat behavioral problems in the school setting.22
(b) Delivering court appearance notices and subpoenas.23
(c) Accompanying early intervention staff on home visits when needed.24
(3) Courts having jurisdiction over children and their families shall work25
with collaborating agencies to identify youth and monitor treatment plan26
progress and, when possible, assist program staff in obtaining and utilizing a27
continuum of services and sanctions for identified youth. The courts, in28
conjunction with the district attorneys, shall direct formal court action on29 SB NO. 227
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noncompliance cases and integrate the needs of at-risk families with existing1
court programs and services.2
(4) Through multiagency collaborative efforts between various3
community service organizations, there shall be a unified effort to provide4
services related to child abuse and neglect to identified youth. Service and5
treatment plans shall be developed, including mental health evaluation and6
treatment, with parental substance abuse evaluation and treatment, educational7
evaluation, probation services, and alternative school placement and guidance.8
(5) The district attorney shall designate prosecutors to work with the9
courts to assist at-risk families early in their court involvement and assist with10
data follow-up and outcome evaluation. Additionally, the district attorney, if11
necessary, shall institute charges that may be levied against the family when12
they are noncompliant with the service plan.13
Art. 596. Reporting; funding; implementation; termination14
A. No later than June fifteenth of each year, the district attorney shall15
report statistical data indicating the effectiveness of the program to the16
appropriate standing committees of the legislature for use by the committees in17
consideration of expansion of the program.18
B. The program shall be implemented in three phases as follows:19
(1) Phase one shall be implemented in grades pre-kindergarten through20
sixth.21
(2) Phase two shall be implemented in grades seventh and eighth.22
(3) Phase three shall be implemented in grades nineth through twelfth.23
Art. 793.4 Art. 597. Early intervention fund; fees collected24
A. In all criminal matters except for matters involving traffic violations in the25
parishes of Iberia, St. Mary, and St. Martin, there shall be taxed against every26
defendant who is convicted after trial or after a plea of guilty or nolo contendere or27
who forfeits his bond, a sum in the amount of twenty-five dollars for each28
misdemeanor and fifty dollars for each felony, which shall be in addition to all other29 SB NO. 227
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fines, costs, or forfeitures lawfully imposed, and which shall be transmitted to the1
sheriff for further disposition in accordance with the provisions of this Article.2
B. The sheriff shall deposit all sums collected or received pursuant to this3
Article in a separate account to be designated as the Sixteenth Judicial District4
Attorney Early Intervention Fund. The sheriff shall remit on a quarterly basis funds5
collected in such account to the office of the district attorney. The district attorney6
shall cause an audit of the fund to be conducted on an annual basis and the books and7
accounts relating thereto and shall file such audit information with the office of the8
legislative auditor where it shall be available for public inspection. In matters9
involving any court other than the district court, the clerk of court or the appropriate10
court personnel shall remit the money to the sheriff of the respective parish.11
C. All children who enroll in a public school within the Sixteenth Judicial12
District in grades pre-kindergarten to sixth shall be required to follow all13
compulsory attendance requirements in R.S. 17:221 et seq. and all families in14
need of services provisions in Children's Code Article 581 et seq., 590 et seq.,15
594 et seq., and 726 et seq.16
D. The implementation of this program may be subject to appropriation17
of funds by the legislature for such purpose.18
* * *19
Art. 726. Purpose20
The purpose of this Title is to define self-destructive behaviors by the child21
and conduct by other family members which contribute to the child's harm and which22
warrant court intervention in the family's life so that appropriate services to remedy23
the family's dysfunction can be secured provide alternatives to formal processing24
for children or youth who have committed a delinquent act or who engage in25
behaviors that place the safety of themselves or others at risk; to secure the26
effectiveness of the court's intervention by explicitly confirming its duty to obtain27
the cooperation and coordination of all public institutions or agencies having28
responsibility to supply services to any member of the family referred to the court;29 SB NO. 227
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to establish a family service plan binding upon all family members and the1
appropriate service providers; and to protect the integrity of the family by2
authorizing adjudication and the imposition of a dispositional judgment requiring3
participation in a plan of services only after all available voluntary alternatives have4
been exhausted.5
* * *6
Art. 729.1. Venue7
A proceeding under this Title may be commenced in the parish in which the8
child is residing with his parent or tutor caretaker, the parish in which the child is9
residing with his caretaker, the parish in which the act complained of took place or10
the conditions complained of existed, or the parish in which the child is found.11
Whenever this Title requires that a hearing be convened within twenty-four hours of12
a child's entry into custody, in a multiparish judicial district, the hearing may be held13
in any parish within the judicial district.14
Art. 730. Grounds15
Allegations that a family is in need of services must assert whether the child16
is currently under the supervision of any state or local entity including, but not17
limited to, the Department of Children and Family Services or the Department of18
Public Safety and Corrections, youth services, the office of juvenile justice, and19
assert one or more of the following grounds:20
(1) That a child is truant or has willfully and repeatedly violated lawful21
school rules.22
(2) That a child is ungovernable.23
(3) That a child is a runaway.24
(4) That a child has repeatedly possessed or consumed intoxicating25
beverages, or that he has misrepresented or deceived his age for the purpose of26
purchasing or receiving such beverages from any person, or has repeatedly loitered27
around any place where such beverages are the principal commodities sold or28
handled.29 SB NO. 227
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(5) That a child has committed an offense applicable only to children.1
(6) (1) That a child under ten years of age has committed any act which if2
committed by an adult would be a crime under any federal, state, or local law.3
(7) That a caretaker has caused, encouraged, or contributed to the child's4
behaviors enumerated in this Article or to the commission of delinquent acts as5
defined in Title VIII.6
(8) That, after notice, a caretaker has willfully failed to attend a meeting with7
the child's teacher, school principal, or other appropriate school employee to discuss8
the child's truancy, the child's repeated violation of school rules, or other serious9
educational problems of the child.10
(9) (2) That a child has been found incompetent to proceed with a11
delinquency matter under Article 832 et seq.12
(3) That a child poses a safety risk to others by demonstrating a serious13
threat of physical harm to family members or other caregivers or has been14
alleged to have committed a delinquent act.15
(10) Repealed by Acts 2012, No. 730, ยง2, eff. August 1, 2012.16
(11) A child found to have engaged in cyberbullying.17
Art. 731. Complaint18
A. A caretaker, other adult family member, any representative of an agency19
having the responsibility or ability to supply services to a family, or any other person20
authorized by the court may file a complaint which alleges one or more of the21
grounds enumerated in Article 730. Referring entities shall utilize all appropriate and22
available resources prior to filing a complaint and provide documentation of all steps23
taken at the time the complaint is filed. If the referring entity is a school, it shall at24
a minimum document meetings with the child, meetings with the child's caretaker,25
and referral of the child to school behavior support personnel.26
* * *27
E. If prior to filing a petition, an informal family services plan is28
enacted, the agreement shall be filed in the record.29 SB NO. 227
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words in boldface type and underscored are additions.
* * *1
Art. 737. Place of prehearing placement upon a taking into custody Placement into2
custody3
* * *4
Art. 746. Authority to file petition5
If there are reasonable grounds to believe that the family is in need of6
services in accordance with Article 730, a family in need of services proceeding7
shall be commenced by a petition filed by the district attorney or any other attorney8
authorized by the court.9
* * *10
Art. 750. Amendment of petition11
A. Without leave of court, the court's designate may amend the petition at12
any time prior to the adjudication hearing to add new names of agencies or13
institutions having the legal responsibility to provide services to the family or to14
delete the names of agencies or institutions named in the original petition to comply15
with the requirements of Article 749(A).16
* * *17
Art. 756. Appearance to answer petition; time18
A. If no informal family services plan agreement has been made, the The19
court shall require the child, the child's caretaker, or other family member served20
with the petition to appear to answer the petition at any time prior to the adjudication21
hearing but no later than forty-five days after the filing of the petition.22
* * *23
Art. 776. Permanency planning reports24
* * *25
B. When the Department of Public Safety and Corrections , youth services,26
the office of juvenile justice, is the custodian, the provisions of Chapter 15 of Title27
VI shall be applicable only as provided in Article 907 and Article 908(C).28
* * *29 SB NO. 227
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Art. 779. Dispositional alternatives1
A. In any case in which the family has been adjudicated to be in need of2
services, the court may impose the following orders directly affecting any child of3
the family:4
(1) Order the child to submit to counseling, to a diagnostic screening, or to5
psychiatric or psychological examination or treatment.6
* * *7
B. In any case in which the family has been adjudicated to be in need of8
services, the court may impose any of the following orders directly affecting a9
caretaker:10
(1) Order the caretaker to submit to counseling, to a diagnostic screening,11
or to psychiatric or psychological examination or treatment.12
* * *13
Art. 784. Duration of disposition14
A judgment of disposition shall remain in force only until a child reaches his15
eighteenth birthday. A judgment of disposition shall not remain in effect beyond16
a child's eighteenth birthday nor for a period exceeding the maximum term of17
commitment to custody for the delinquent offense forming the basis for the18
adjudication. It may expire earlier by its own terms, if it is modified, or if it is19
vacated.20
* * *21
Art. 788. Service of motion to modify22
A. A copy of a motion to modify shall be served upon any affected child, his23
caretaker, the child's attorney, the district attorney, the duly authorized24
representative of any affected institution or agency providing services, and any25
person, institution, or agency to whom the custody of the child has been assigned.26
* * *27
Art. 790. Notice of modification28
If a judgment of disposition is modified, a copy of the minute entry reflecting29 SB NO. 227
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the modification shall be served upon the petitioner, the child, his parent, the child's1
attorney, and any person, institution, or agency to whom custody of the child is2
assigned.3
Art. 791. Contempt; prehearing detention4
* * *5
B. If, in addition, there are reasonable grounds to believe that taking the child6
into custody is necessary for his protection or control or to assure the child's7
appearance at the contempt hearing, the child may be taken into custody to a8
juvenile shelter or a secure detention facility in accordance with Article 735 or 736.9
* * *10
Section 2. Children's Code Articles 728(3), (4) and (5), 732, 733.1, 749(D), Chapter11
5 of Title VII of the Louisiana Children's Code, comprised of Articles 743 through 745 and12
Chapters 15 and 16 of the Louisiana Children's Code, comprised of Articles 791.1 through13
793.4 are hereby repealed.14
Section 3. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Present law provides for the formal and informal families in need of services processes.
Proposed law makes changes to the formal and informal families in need of services
processes.
Proposed law defines who is eligible to participate in the informal families in need of
services process as follows: the child, caretaker, or any other member of the child's family
may seek voluntary services offered through informal families in need of services offices
according to program standards promulgated by the Louisiana Supreme Court's families in
need of services assistance program.
Proposed law provides that informal families in need of services process may begin in the
parish in which the child is residing with his parent or guardian, the parish in which the child
is residing with his caretaker, the parish in which the referred conduct took place or existed, SB NO. 227
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words in boldface type and underscored are additions.
or the parish in which the child is found.
Proposed law provides that an informal families in need of services referral shall 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 ("DCFS") or the Department of
Public Safety and Corrections, youth services, office of juvenile justice, and assert one or
more of the following bases for intervention:
(1) A child is truant.
(2) A child has willfully and repeatedly violated lawful school rules.
(3) A child is ungovernable.
(4) A child is a runaway.
(5) A child has repeatedly possessed or consumed intoxicating beverages, or has
misrepresented or deceived his age for the purpose of purchasing or receiving such
beverages from any person, or has repeatedly loitered around any place where such
beverages are the principal commodities sold or handled.
(6) A child has committed an offense applicable only to children.
(7) A child under ten years of age has committed any act which if committed by an adult
would be a crime under any federal, state, or local law.
(8) A caretaker has caused, encouraged, or contributed to the child's behaviors
enumerated in this article or to the commission of delinquent acts as defined by law.
(9) After notice, a caretaker has willfully failed to attend a meeting with the child's
teacher, school principal, or other appropriate school employee to discuss the child's
truancy, the child's repeated violation of school rules, or other serious educational
problems of the child.
(10) A child has been found incompetent to proceed with a delinquency matter under
present law.
(11) A child has been found to have engaged in cyberbullying.
Proposed law provides that a caretaker, other adult family member, or any representative of
an agency having the responsibility or ability to supply services to a family, or any other
person authorized by the court may make a referral based on one or more of the bases
enumerated in law.
Proposed law provides that referring entities shall utilize all appropriate and available
resources prior to making a referral and provide documentation of all steps taken at the time
the referral is made. Proposed law further provides that if the referring entity is a school, it
shall at minimum document meetings with the child, meetings with the child's caretaker, and
referral of the child to school behavior support personnel.
Proposed law provides that if the referral is made by a school, the referral shall be
accompanied by the form provided by law.
Proposed law specifies the contents and requirements of the referral form.
Proposed law requires the Louisiana Supreme Court to develop and collect data to track
specific performance indicators and develop a manual and provide training to local families
in need of services offices on new requirements and accepting appropriate referrals not later SB NO. 227
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than September 1, 2013.
Proposed law provides that the court shall designate an individual to serve as the intake
officer for the informal families in need of services program.
Proposed law provides that unless otherwise specified by the court, the duties of the intake
officer shall include:
(1)Follow all program criteria and protocols as set forth by the Louisiana Supreme
Court.
(2)Responsibility for receiving all referrals alleging that a family is in need of services.
(3)Responsibility for completing the intake form and conducting a preliminary
investigation into the merits of the allegations.
(4)Responsibility to disclose to the parent or caretaker that the informal process is
voluntary and that the family may reject services at any time.
(5)Responsibility to obtain the family's consent to participate in the process.
(6)Responsibility for identifyi ng any public or private institutions or agencies or
community-based resources having the ability to supply any needed services.
(7)Scheduling the conference authorized by law and notifying all participants of the
time and place of the conference.
(8)Conducting the informal family services plan conference and writing the resulting
agreement, if any.
(9)Coordinating the implementation of the resulting agreement, including referring the
family to needed services and, if necessary, assisting families in securing those
services.
(10)Contacting families to determine if recommended services have been acquired or if
additional assistance is needed to obtain those services.
(11)Referring the case for petition and an adjudication hearing, if necessary, for the
grounds provided by law.
Proposed law provides that the informal families in need of services officer may convene
at any time a conference to be attended by the child, his caretaker, and representatives of any
public or private institution or agency or community-based resources having the
responsibility and ability to supply services to the family, addressing the needs outlined in
the original referral.
Proposed law provides that after any conference, the child, his caretakers, and any service
provider may effect a voluntary informal family services plan agreement and provides the
contents of the agreement.
Proposed law provides that an informal family services plan agreement shall be in writing
and signed by the convenor of the informal adjustment conference and all parties.
Proposed law provides that the duration of the informal family services plan agreement shall
not exceed six months. However, the agreement may be extended for one additional six-
month period.
Proposed law provides for the effect and confidentiality of an informal family services plan SB NO. 227
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agreement.
Proposed law provides for truancy and assessment and service centers.
Proposed law provides that duly authorized representatives of the school board; law
enforcement including the sheriffs' offices and city and municipal police offices; courts
exercising jurisdiction over juveniles and their parents and guardians; and offices of the
district attorney, corrections and designated service providers shall sign interagency
agreements specific to each parish which represents a commitment by each entity to agree
to provide the following types of services:
(1) School boards and their systems in general will assist child welfare and attendance
officers in creating student background data, including attendance records,
unexcused absences, conduct violations, discipline records, report cards, and
transcripts as permitted by law. School systems will also provide access to all
school-based education, counseling, and related services.
(2) Law enforcement agencies in a parish, including the sheriff and municipal and local
police, generally will provide selective transportation of youth to the centers and in-
kind service identification of truants through regular law enforcement operations and
provide for a presence at a center.
(3) Informal families in need of services personnel will work in partnership with the
child welfare and attendance officers to monitor client progress and coordinate other
services.
(4) Truancy and assessment and service centers will work with collaborating agencies
to identify youth and monitor treatment plan progress and, to the degree possible,
assist the center in obtaining and utilizing a continuum of services and sanctions for
identified youth. In accordance with law, the courts in conjunction with the district
attorneys will direct formal court action on noncompliance cases and integrate the
needs of truant youth with existing drug treatment court programs.
(5) Through multiagency collaborative efforts between various community service
organizations, there will be a unified effort to provide services related to child abuse
and neglect to identified youth. Service and treatment plans will be developed,
including mental health evaluation and treatment, with parental substance abuse
evaluation and treatment, educational evaluation, probation services, and alternative
school placement and guidance.
(6) The various offices of the district attorneys will designate prosecutors to work with
the district and juvenile courts to develop and implement a coordinated effort to deal
with truants and their families early in their court involvement and assist with data
follow-up and outcome evaluation. Additionally, the offices of the district attorneys,
if necessary, will institute charges that may be levied against the family when they
are noncompliant with the service plan.
Proposed law provides for monitoring of and reporting on the informal families in need of
services process by the Louisiana Commission of Law Enforcement and the Administration
of Criminal Justice.
Proposed law creates the early intervention program, hereinafter referred to as the
"program", in the parishes of Iberia, St. Mary, and St. Martin. The purpose of the program
shall be to address the underlying causes of behavioral problems and school performance
problems related to behavior by pooling existing resources targeted at the child and family
through appropriate action by service and treatment providers.
Proposed law provides that duly authorized representatives of the local school board, law SB NO. 227
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enforcement agencies, including sheriffs' offices and city and municipal police offices,
courts exercising jurisdiction over juveniles and their caretakers, and designated service
providers shall sign interagency agreements specific to each parish representing a
commitment by each entity to agree to provide the following types of services:
(1) The local school board in the parish shall assist in creating student background data,
including attendance records, unexcused absences, conduct violations, discipline
records, report cards, and transcripts as permitted by law. The board also shall
provide access to all school-based education, counseling, and related services.
(2) Law enforcement agencies in the parish, including the sheriff and municipal and
local police, shall provide law enforcement necessary to assist the program to reach
its goals.
(3) Courts having jurisdiction over children and their families shall work with
collaborating agencies to identify youth and monitor treatment plan progress and,
when possible, assist program staff in obtaining and utilizing a continuum of services
and sanctions for identified youth. The courts, in conjunction with the district
attorneys, shall direct formal court action on noncompliance cases and integrate the
needs of at-risk families with existing court programs and services.
(4) Through multiagency collaborative efforts between various community service
organizations, there shall be a unified effort to provide services related to child abuse
and neglect to identified youth. Service and treatment plans shall be developed,
including mental health evaluation and treatment, with parental substance abuse
evaluation and treatment, educational evaluation, probation services, and alternative
school placement and guidance.
(5)The district attorney shall designate prosecutors to work with the courts to assist at-
risk families early in their court involvement and assist with data follow-up and
outcome evaluation. Additionally, the district attorney, if necessary, shall institute
charges that may be levied against the family when they are noncompliant with the
service plan.
Proposed law provides that no later than June 15th of each year, the district attorney shall
report statistical data indicating the effectiveness of the program to the appropriate standing
committees of the legislature for use by the committees in consideration of expansion of the
program.
Proposed law provides that the program shall be implemented in three phases as follows:
(1)Phase one shall be implemented in grades pre-kindergarten through sixth.
(2) Phase two shall be implemented in grades seventh and eighth.
(3) Phase three shall be implemented in grades nineth through twelfth.
Present law provides for formal families in need of services process.
Present law provides for grounds for entry into the process as follows:
(1) That a child is truant or has willfully and repeatedly violated lawful school rules.
(2) That a child is ungovernable.
(3) That a child is a runaway.
(4) That a child has repeatedly possessed or consumed intoxicating beverages, or that SB NO. 227
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he has misrepresented or deceived his age for the purpose of purchasing or receiving
such beverages from any person, or that he has repeatedly loitered around any place
where such beverages are the principal commodities sold or handled.
(5) That a child has committed an offense applicable only to children.
(6) That a child under 10 years of age has committed any act which if committed by an
adult would be a crime under any federal, state, or local law.
(7) That a caretaker has caused, encouraged, or contributed to the child's behaviors
enumerated by law or to the commission of delinquent acts as defined by law.
(8) That, after notice, a caretaker has willfully failed to attend a meeting with the child's
teacher, school principal, or other appropriate school employee to discuss the child's
truancy, the child's repeated violation of school rules, or other serious educational
problems of the child.
(9) That a child has been found incompetent to proceed with a delinquency matter under
law.
Proposed law reduces the number of grounds to three and they are as follows:
(1) That a child under 10 years of age has committed any act which if committed by an
adult would be a crime under any federal, state, or local law.
(2) That a child has been found incompetent to proceed with a delinquency matter under
law.
(3)That a child poses a safety risk to others by demonstrating a serious threat of
physical harm to family members or other caregivers or has been alleged to have
committed a delinquent act.
Present law provides that a caretaker, other adult family member, any representative of an
agency having the responsibility or ability to supply services to a family, or any other person
authorized by the court may file a complaint which alleges one or more of the grounds
enumerated by law. Referring entities shall utilize all appropriate and available resources
prior to filing a complaint and provide documentation of all steps taken at the time the
complaint is filed. If the referring entity is a school, it shall at a minimum document
meetings with the child, meetings with the child's caretaker, and referral of the child to
school behavior support personnel.
Proposed law removes the requirement that a school, as the referring entity, at a minimum
document meetings with the child, meetings with the child's caretaker, and referral of the
child to school behavior support personnel.
Proposed law provides that if prior to filing a petition, an informal family services plan is
enacted, the agreement shall be filed in the record.
Present law provides for the amendment of a petition.
Proposed law provides that the petition must contain the following:
(1)The name, date, and place of birth, sex, race, address, and present location of the
child.
(2) The name, age, sex, race, and current address of the child's parents and caretakers.
(3) The name, age, sex, and race of any other family members living within the child's
home.
(4) The name of any public institution or agency having the responsibility or ability to SB NO. 227
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supply services alleged to be needed by the family.
(5) 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 or the
Department of Public Safety and Corrections, youth services, or the office of juvenile
justice.
Present law provides that a judgment of disposition shall remain in force only until a child
reaches his 18
th
birthday. It may expire earlier by its own terms, if it is modified, or if it is
vacated.
Proposed law adds to present law that a judgment of disposition shall not remain in effect
beyond a child's 18
th
birthday, nor for a period exceeding the maximum term of commitment
to custody for the delinquent offense forming the basis for the adjudication.
Present law provides to whom a motion to modify must be served.
Proposed law adds the child's attorney to those persons who must be served.
Present law provides that if a judgment of disposition is modified, a copy of the minute entry
reflecting the modification shall be served upon the petitioner, the child, his parent, and any
person, institution, or agency to whom custody of the child is assigned.
Proposed law adds that if a judgment of disposition is modified, the child's attorney shall be
served.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends Ch. C. Arts. 726, 729.1, 730, 731(A), heading of 737, 746, 750(A), 756(A),
776(B), 779(A)(1) and (B)(1), 784, 788(A), 790, 791(B); adds Ch. C. Arts. 581-597 and
731(E); and repeals Ch. C. Arts. 728(3), (4) and (5), 732, 733.1, 749(D), 743-745, and 791.1-
793.4)