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Regular Session, 2014
SENATE BILL NO. 290
BY SENATOR JOHNS
CHILDREN'S CODE. Provides relative to safety plan order for child in need of care.
(8/1/14)
AN ACT1
To amend and reenact Children's Code Articles 603(27), 612(A)(2), 615(B)(2), 619, 620,2
624(A), (C)(1) and (D), the introductory paragraph of 625(A), 627(E) and (F), and3
632(A) and (C) and to enact Children's Code Articles 626(E) and 627(G), relative to4
child in need of care; to provide relative to terms and definitions; to provide relative5
to child abuse reporting and investigation; to provide with respect to assignment of6
reports for investigation and assessment; to provide with respect to disposition of7
reports; to provide relative to procedures for protection of a child; to provide with8
respect to instanter orders of custody; to provide relative to continued custody9
hearing and custody order; to provide relative to rights and responsibilities of certain10
person; to provide relative time for filing of petition; to provide relative to grounds11
for continued safety plan; and to provide for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. Children's Code Articles 603(27), 612(A)(2), 615(B)(2), 619, 620,14
624(A), (C)(1) and (D), the introductory paragraph of 625(A), 627(E) and (F), and 632(A)15
and (C) are hereby amended and reenacted and Children's Code Articles 626(E) and 627(G)16
are hereby enacted to read as follows:17 SB NO. 290
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Art. 603. Definitions1
As used in this Title:2
* * *3
(27) "Safety plan" means a short-term plan for the purpose of assuring a4
child's immediate health and safety by imposing conditions for the child to safely5
remain in the home, or, after a child has been removed from the home, for the6
continued placement of the child with a custodian and terms for contact between the7
child and his parents or other persons.8
* * *9
Art. 612. Assignment of reports for investigation and assessment10
A. * * *11
(2) Reports of high and intermediate levels of risk shall be investigated12
promptly. This investigation shall include a preliminary investigation as to the13
nature, extent, and cause of the abuse or neglect and the identity of the person14
actually responsible for the child's condition. This preliminary investigation shall15
include an interview with the child and his parent or parents or other caretaker and16
shall include consideration of all available medical information provided to the17
department pertaining to the child's condition. Such preliminary investigation shall18
also include an immediate assessment of any existing visitation or custody order or19
agreement involving the alleged perpetrator and the child. The department shall20
request a temporary restraining order pursuant to Article 617, or a protective order21
pursuant to Article 618, or an instanter safety plan order pursuant to Article 61922
or Article 620 if the department determines that any such previously ordered23
visitation or custody would put the child's health and safety at risk. Admission of the24
investigator on school premises or access to the child in school shall not be denied25
by school personnel. However, the request for a temporary restraining order or a26
protective order in accordance with this Article shall not independently confer27
exclusive jurisdiction on the juvenile court in accordance with Article 303.28
* * *29 SB NO. 290
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Art. 615. Disposition of reports1
* * *2
B. After investigation, the local child protection unit shall make one of the3
following determinations:4
* * *5
(2) The report appears to be justified, in that there is evidence of child abuse,6
or neglect, and a protective order or instanter safety plan order would eliminate7
the need for removal of the child in order to protect him from further abuse, in which8
case it may apply for a temporary restraining order or protective order authorized by9
Article 617 and Article 618, or an instanter safety plan order authorized by10
Article 619 or Article 620. 11
* * *12
Art. 619. Instanter orders of custody orders; instanter safety plan orders13
A.(1) A peace officer, district attorney, or employee of the local child14
protection unit of the department may file a verified complaint alleging facts15
showing that there are reasonable grounds to believe that the child is in need of care16
and that emergency removal or the implementation of a safety plan is necessary17
to secure the child's protection.18
(2) After the complaint has been filed, the parent is without authority to place19
the child with any individual or institution except the department until legal custody20
is returned to the parent or the safety plan is terminated.21
B. The If removal of the child is requested, the court shall immediately22
determine whether reasonable efforts have been made by the department to prevent23
or eliminate the need for the child's removal, including whether the department has24
requested a temporary restraining order pursuant to Article 617, or a protective order25
pursuant to Article 618, or a safety plan order pursuant to this article. In making26
and determining reasonable efforts, the child's health and safety shall be the27
paramount concern. However, the court may authorize the removal of the child even28
if the department's efforts have not been reasonable.29 SB NO. 290
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C. (1) Upon presentation of the verified complaint, the court shall1
immediately determine whether emergency removal or the issuance of a safety plan2
order is necessary to secure the child's protection.3
(2) If the court determines that the child's welfare cannot be safeguarded4
without removal, the court shall immediately issue a written instanter order directing5
that the child be placed in the provisional custody of a suitable relative or other6
suitable individual capable of protecting the health and safety of the child or taken7
into the custody of the state. The order shall contain written findings of fact8
supporting the necessity for the child's removal in order to safeguard his welfare. If9
the court determines that emergency removal is not necessary to secure the child's10
protection, the court shall issue a written order denying the request for custody. If11
custody is given to a suitable relative or other suitable individual, the a safety plan12
shall be made an order of the court and shall direct the provisional custodian to13
adhere to the conditions of the safety plan. The safety plan shall set forth conditions14
of contact with parents or other third parties.15
(3) If, upon request by the state, the court determines that with the16
issuance of a safety plan order that the child's welfare can be safeguarded17
without removal, the court shall immediately issue a written instanter order18
directing compliance with the terms of the safety plan. The order shall contain19
written findings of fact supporting the necessity for the safety plan to safeguard20
his welfare. The safety plan shall set forth conditions as determined by or21
agreed upon by the state as necessary for the protection of the child's health and22
safety while remaining in the home.23
(4) If the court determines that emergency removal or the issuance of a24
safety plan order is not necessary to secure the child's protection, the court shall25
issue a written order denying the request for custody or for the implementation of26
a safety plan.27
D. An instanter order shall be executed by either an employee of the local28
child protection unit or any peace officer having territorial jurisdiction over the child.29 SB NO. 290
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E. Any peace officer having territorial jurisdiction over the child is authorized1
to serve a summons upon a parent or caretaker, commanding him to appear at court2
for a continued custody or continued safety plan hearing. The summons shall3
expressly notify the parent or caretaker that the court may issue a binding order in4
his absence if he fails to appear. A copy of the summons shall be filed in the record5
as proof of service. An employee of the local child protection unit shall provide6
written notice to the parents or caretaker of the date, time, and location of the7
continued custody or continued safety plan hearing.8
Art. 620. Oral instanter orders9
A. In exceptional circumstances, the facts supporting the issuance of an10
instanter order and the exceptional circumstances may be relayed orally, including11
telephonically, to the judge and his order directing that a child be taken into custody12
or, upon request by the state, that a safety plan order be implemented may be13
issued orally.14
B. In such cases, an affidavit containing the information previously relayed15
orally, including telephonically, shall be filed with the clerk of the court within16
twenty-four hours and a written order shall be issued. The written order shall include17
the court's findings of fact supporting the necessity for the child's removal or the18
implementation of a safety plan order in order to safeguard his welfare and, if the19
child has been removed, shall determine the child's custodian in accordance with20
Article 619.21
C. The affidavit filed after the child has been placed shall indicate whether22
the child was released to his parents or remains removed.23
D. The department shall promptly notify the parents or caretaker of the nature24
of the allegations and, if the child is not released, of the time and place of the25
continued custody hearing.26
E. If the court ordered the implementation of a safety plan, the27
department shall promptly notify the parents or caretaker of the nature of the28
allegations, the conditions of the safety plan, and the time and place of a29 SB NO. 290
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continued safety plan order hearing.1
* * *2
Art. 624. Continued custody hearing ; continued safety plan hearing3
A. If a child is not released to the care of his parents, a hearing shall be held4
by the court within three days after the child's removal or entry into custody. If a5
safety plan has been ordered, a hearing shall be held by the court within three6
days from the issuance of the safety plan order, unless the parents are in7
agreement with the safety plan. The parents' signature on the safety plan shall8
constitute evidence of their agreement with the plan.9
* * *10
C.(1) If it appears from the record that the parent cannot be found or has been11
served a summons or notified by the department to appear at the continued custody12
or continued safety plan hearing and fails to appear at the hearing, then the hearing13
may be held in the parent's absence.14
* * *15
D. At this hearing, the state has the burden to prove the existence of a ground16
for continued custody or the continued implementation of a safety plan pursuant17
to Article 626.18
* * *19
Art. 625. Advice of rights and responsibilities of parents, counsel, and department;20
absent parents21
A. At the continued custody or continued safety plan hearing, the court shall22
advise the parents and may advise the child, insofar as practicable, of:23
* * *24
Art. 626. Grounds for continued custody; reasonable efforts; grounds for continued25
safety plan26
* * *27
E. The court may authorize, with the consent of the state, continued28
implementation of a safety plan prior to the adjudication if there are reasonable29 SB NO. 290
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grounds to believe the child is in need of care and that the continued1
implementation of the safety plan is necessary for his safety and protection. The2
safety plan shall continue to set forth conditions as determined or agreed upon3
by the state as necessary for the protection of the child's health and safety while4
remaining in the home.5
Art. 627. Continued custody order; special provisions; appointments; continued6
safety plan order7
* * *8
E. The court shall order the appointment of counsel for the child and the9
appointment of a curator for any parent who is an absentee. The court may order the10
appointment of counsel for the parents or the appointment of a court-appointed11
special advocate. If the court finds that the child can safely remain in or return12
to the home with the implementation of a safety plan developed and agreed13
upon by the state pending adjudication, the court may order compliance with14
the conditions of the safety plan.15
F. If the court orders that the child be placed in the custody of a suitable16
relative or other suitable individual, it shall make the a safety plan part of its order.17
G. The court shall order the appointment of counsel for the child and the18
appointment of a curator for any parent who is an absentee. The court may19
order the appointment of counsel for the parents or the appointment of a court-20
appointed special advocate.21
* * *22
Art. 632. Time for filing of petition; child in custody23
A. If a child is continued in custody prior to adjudication, or if a protective24
order is issued, a petition requesting that the child be adjudicated in need of care25
shall be filed within thirty days of the hearing to determine continued custody. If the26
child remains in the home and a safety plan order has been issued, a petition27
requesting that the child be adjudicated in need of care shall be filed within28
forty-five days of the issuance of the safety plan order.29 SB NO. 290
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* * *1
C. If no petition is filed within the applicable time period, the child shall be2
returned to the parent or the safety plan shall automatically be terminated.3
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
Johns (SB 290)
Present law provides that "safety plan" means a short-term plan for the purpose of assuring
a child's immediate health and safety by imposing conditions for the continued placement
of the child with a custodian and terms for contact between the child and his parents or other
persons.
Proposed law provides that "safety plan" means a plan for the purpose of assuring a child's
health and safety by imposing conditions for the child to safely remain in the home, or, after
a child has been removed from the home, for the continued placement of the child with a
custodian and terms for contact between the child and his parents or other persons.
Present law provides that reports of high and intermediate levels of risk shall be investigated
promptly. The investigation shall include a preliminary investigation as to the nature, extent,
and cause of the abuse or neglect and the identity of the person actually responsible for the
child's condition. The preliminary investigation shall include an interview with the child and
his parent or parents or other caretaker and shall include consideration of all available
medical information provided to the department pertaining to the child's condition.
Present law provides that such preliminary investigation shall also include an immediate
assessment of any existing visitation or custody order or agreement involving the alleged
perpetrator and the child.
Present law provides the department shall request a temporary restraining order pursuant to
present law, or protective order pursuant to present law if the department determines that any
such previously ordered visitation or custody would put the child's health and safety at risk.
Present law provides that the admission of the investigator on school premises or access to
the child in school shall not be denied by school personnel. However, the request for a
temporary restraining order or a protective order in accordance with this present law shall
not independently confer exclusive jurisdiction on the juvenile court in accordance with
present law.
Proposed law provides that the department shall request a temporary restraining order
pursuant to present law, or protective order pursuant to present law, or an instanter safety
plan order pursuant to present law, if the department determines that any such previously
ordered visitation or custody would put the child's health and safety at risk.
Present law provides that after investigation, the local child protection unit shall make one
of the following determinations: the report appears to be justified, in that there is evidence
of child abuse, or neglect, and a protective order would eliminate the need for removal of
the child in order to protect him from further abuse, in which case it may apply for a
temporary restraining order or protective order authorized by present law.
Proposed law retains present law and adds an instanter safety plan order as an additional
option prior to removal of a child in need of care. SB NO. 290
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words in boldface type and underscored are additions.
Present law provides that a peace officer, district attorney, or employee of the local child
protection unit of the department may file a verified complaint alleging facts showing that
there are reasonable grounds to believe that the child is in need of care and that emergency
removal is necessary to secure the child's protection.
Proposed law includes the implementation of a safety plan as an option available to a peace
officer, district attorney, or employee of the local child protection unit of the department to
include in a verified complaint alleging facts showing that there are reasonable grounds to
believe that the child is in need of care to secure the child's protection.
Present law provides that after the complaint has been filed, the parent is without authority
to place the child with any individual or institution except the department until legal custody
is returned to the parent.
Proposed law provides that after the complaint has been filed, the parent is without authority
to place the child with any individual or institution except the department until legal custody
is returned to the parent or the safety plan is terminated.
Present law provides that the court shall immediately determine whether reasonable efforts
have been made by the department to prevent or eliminate the need for the child's removal,
including whether the department has requested a temporary restraining order pursuant to
present law or protective order pursuant to present law.
Present law provides that in making and determining reasonable efforts, the child's health
and safety shall be the paramount concern. However, the court may authorize the removal
of the child even if the department's efforts have not been reasonable.
Proposed law retains present law and provides that if removal of the child is requested, the
court shall immediately determine whether reasonable efforts have been made by the
department to prevent or eliminate the need for the child's removal, including whether the
department has requested a temporary restraining order pursuant to present law, a protective
order pursuant to present law, or a safety plan order pursuant to proposed law.
Present law provides that upon presentation of the verified complaint, the court shall
immediately determine whether emergency removal is necessary to secure the child's
protection.
Proposed law adds whether the issuance of a safety plan order is necessary to secure the
child's protection.
Present law provides that if the court determines that the child's welfare cannot be
safeguarded without removal, the court shall immediately issue a written instanter order
directing that the child be placed in the provisional custody of a suitable relative or other
suitable individual capable of protecting the health and safety of the child or taken into the
custody of the state.
Present law provides that the order shall contain written findings of fact supporting the
necessity for the child's removal in order to safeguard his welfare. If the court determines
that emergency removal is not necessary to secure the child's protection, the court shall issue
a written order denying the request for custody.
Present law provides that if custody is given to a suitable relative or other suitable
individual, the safety plan shall be made an order of the court and shall direct the provisional
custodian to adhere to the conditions of the safety plan. The safety plan shall set forth
conditions of contact with parents or other third parties.
Proposed law removes the provision that if the court determines that emergency removal is
not necessary to secure the child's protection, the court shall issue a written order denying SB NO. 290
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the request for custody.
Proposed law provides that if, upon request by the state, the court determines that with the
issuance of a safety plan order that the child's welfare can be safeguarded without removal,
the court shall immediately issue a written instanter order directing compliance with the
terms of the safety plan.
Proposed law provides that the order shall contain written findings of fact supporting the
necessity for the safety plan to safeguard his welfare. The safety plan shall set forth
conditions as determined by or agreed upon by the state as necessary for the protection of
the child's health and safety while remaining in the home.
Proposed law provides that if the court determines that emergency removal or the issuance
of a safety plan order is not necessary to secure the child's protection, the court shall issue
a written order denying the request for custody or for the implementation of a safety plan.
Proposed law provides that any peace officer having territorial jurisdiction over the child is
authorized to serve a summons upon a parent or caretaker, commanding him to appear at
court for a continued custody or continued safety plan hearing.
Present law provides that the summons shall expressly notify the parent or caretaker that the
court may issue a binding order in his absence if he fails to appear. A copy of the summons
shall be filed in the record as proof of service.
Proposed law provides that an employee of the local child protection unit shall provide
written notice to the parents or caretaker of the date, time, and location of the continued
custody or continued safety plan hearing. Proposed law retains present law and adds a
continued safety plan.
Proposed law provides that in exceptional circumstances, the facts supporting the issuance
of an instanter order and the exceptional circumstances may be relayed orally, including
telephonically, to the judge and his order directing that a child be taken into custody or, upon
request by the state, that a safety plan order be implemented may be issued orally.
Proposed law provides that in such cases, an affidavit containing the information previously
relayed orally, including telephonically, shall be filed with the clerk of the court within 24
hours and a written order shall be issued.
Proposed law provides that the written order shall include the court's findings of fact
supporting the necessity for the child's removal or the implementation of a safety plan order
in order to safeguard his welfare and, if the child has been removed, shall determine the
child's custodian in accordance with present law.
Proposed law provides that if the court ordered the implementation of a safety plan, the
department shall promptly notify the parents or caretaker of the nature of the allegations, the
conditions of the safety plan, and the time and place of a continued safety plan order hearing.
Present law provides that if a child is not released to the care of his parents, a hearing shall
be held by the court within three days after the child's removal or entry into custody.
Proposed law provides that if a safety plan has been ordered, a hearing shall be held by the
court within three days from the issuance of the safety plan order, unless the parents are in
agreement with the safety plan. The parents' signature on the safety plan shall constitute
evidence of their agreement with the plan.
Proposed law provides that if it appears from the record that the parent cannot be found or
has been served a summons or notified by the department to appear at the continued custody
or continued safety plan hearing and fails to appear at the hearing, then the hearing may be SB NO. 290
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held in the parent's absence.
Proposed law provides that at this hearing, the state has the burden to prove the existence of
a ground for continued custody or the continued implementation of a safety plan pursuant
to present law.
Proposed law provides that the court may authorize, with the consent of the state, continued
implementation of a safety plan prior to the adjudication if there are reasonable grounds to
believe the child is in need of care and that the continued implementation of the safety plan
is necessary for his safety and protection. The safety plan shall continue to set forth
conditions as determined or agreed upon by the state as necessary for the protection of the
child's health and safety while remaining in the home.
Present law provides that the court shall order the appointment of counsel for the child and
the appointment of a curator for any parent who is an absentee. The court may order the
appointment of counsel for the parents or the appointment of a court-appointed special
advocate.
Proposed law provides that if the court finds that the child can safely remain in or return to
the home with the implementation of a safety plan developed and agreed upon by the state
pending adjudication, the court may order compliance with the conditions of the safety plan.
Proposed law provides that the court shall order the appointment of counsel for the child and
the appointment of a curator for any parent who is an absentee. The court may order the
appointment of counsel for the parents or the appointment of a court-appointed special
advocate.
Present law provides that if a child is continued in custody prior to adjudication, or if a
protective order is issued, a petition requesting that the child be adjudicated in need of care
shall be filed within 30 days of the hearing to determine continued custody.
Proposed law provides that if the child remains in the home and a safety plan order has been
issued, a petition requesting that the child be adjudicated in need of care shall be filed within
45 days of the issuance of the safety plan order.
Present law provides that if no petition is filed within the applicable time period, the child
shall be returned to the parent. Proposed law retains present law and adds that the safety
plan shall automatically be terminated.
Effective August 1, 2014.
(Amends Ch.C. Arts. 603(27), 612(A)(2), 615(B)(2), 619, 620, 624(A), (C)(1) and (D),
625(A)(intro para) 627(E) and (F), and 632(A) and (C); adds Ch.C. Arts. 626(E) and 627(G))