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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014 ENROLLED
SENATE BILL NO. 248
BY SENATOR MORRISH
AN ACT1
To enact R.S. 9:364.1, relative to visitation; to provide relative to visitation rights of an2
incarcerated parent; to provide for factors to be considered in such cases; to provide3
for certain terms and conditions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 9:364.1 is hereby enacted to read as follows:6
ยง364.1. Visitation with incarcerated parent7
A. If the court authorizes visitation with an incarcerated parent, as part8
of such visitation order the court shall include restrictions, conditions, and9
safeguards as are necessary to protect the mental and physical health of the10
child and minimize the risk of harm to the child.11
B. A court considering the supervised visitation of a minor child with an12
incarcerated parent shall consider the best interest of the child, including but13
not limited to:14
(1) The length and quality of the prior relationship between the child15
and the parent.16
(2) Whether the child is in need of guidance, enlightenment, or tutelage17
which can best be provided by the parent.18
(3) The preference of the child if he is determined to be of sufficient19
maturity to express a preference.20
(4) The willingness of the relative to encourage a close relationship21
between the child and his parent or parents, including the willingness of the22
child's custodial parent, caretaker, or legal guardian to voluntarily take the23
child to the incarcerated parent's place of incarceration for supervised24
visitation.25
(5) The mental and physical health of the child and the parent.26
(6) The length of time that the child lived with the parent prior27
ACT No. 383 SB NO. 248 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
to the parent's incarceration.1
(7) The desirability of maintaining the continuity of the relationship2
between the child and the incarcerated parent.3
(8) The costs of travel and other expenses incurred by visitation at the4
place of incarceration, and who will bear responsibility for such costs.5
(9) The effect upon the child of supervised visitation in the place of6
incarceration and the feasibility, if any, of alternative or additional use of7
technology for visitation pursuant to R.S. 9:357.8
(10) Other testimony or evidence as the court may consider applicable.9
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: