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Regular Session, 2014 ENROLLED
SENATE BILL NO. 290
BY SENATOR JOHNS
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
Art. 603. Definitions18
As used in this Title:19
* * *20
(27) "Safety plan" means a short-term plan for the purpose of assuring a21
child's immediate health and safety by imposing conditions for the child to safely22
remain in the home, or, after a child has been removed from the home, for the23
continued placement of the child with a custodian and terms for contact between the24
child and his parents or other persons.25
* * *26
Art. 612. Assignment of reports for investigation and assessment27 SB NO. 290 ENROLLED
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A. * * *1
(2) Reports of high and intermediate levels of risk shall be investigated2
promptly. This investigation shall include a preliminary investigation as to the3
nature, extent, and cause of the abuse or neglect and the identity of the person4
actually responsible for the child's condition. This preliminary investigation shall5
include an interview with the child and his parent or parents or other caretaker and6
shall include consideration of all available medical information provided to the7
department pertaining to the child's condition. Such preliminary investigation shall8
also include an immediate assessment of any existing visitation or custody order or9
agreement involving the alleged perpetrator and the child. The department shall10
request a temporary restraining order pursuant to Article 617, or a protective order11
pursuant to Article 618, or an instanter safety plan order pursuant to Article 61912
or Article 620 if the department determines that any such previously ordered13
visitation or custody would put the child's health and safety at risk. Admission of the14
investigator on school premises or access to the child in school shall not be denied15
by school personnel. However, the request for a temporary restraining order or a16
protective order in accordance with this Article shall not independently confer17
exclusive jurisdiction on the juvenile court in accordance with Article 303.18
* * *19
Art. 615. Disposition of reports20
* * *21
B. After investigation, the local child protection unit shall make one of the22
following determinations:23
* * *24
(2) The report appears to be justified, in that there is evidence of child abuse,25
or neglect, and a protective order or instanter safety plan order would eliminate26
the need for removal of the child in order to protect him from further abuse, in which27
case it may apply for a temporary restraining order or protective order authorized by28
Article 617 and Article 618, or an instanter safety plan order authorized by29
Article 619 or Article 620. 30 SB NO. 290 ENROLLED
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* * *1
Art. 619. Instanter orders of custody orders; instanter safety plan orders2
A.(1) A peace officer, district attorney, or employee of the local child3
protection unit of the department may file a verified complaint alleging facts4
showing that there are reasonable grounds to believe that the child is in need of care5
and that emergency removal or the implementation of a safety plan is necessary6
to secure the child's protection.7
(2) After the complaint has been filed, the parent is without authority to place8
the child with any individual or institution except the department until legal custody9
is returned to the parent or the safety plan is terminated.10
B. The If removal of the child is requested, the court shall immediately11
determine whether reasonable efforts have been made by the department to prevent12
or eliminate the need for the child's removal, including whether the department has13
requested a temporary restraining order pursuant to Article 617, or a protective order14
pursuant to Article 618, or a safety plan order pursuant to this article. In making15
and determining reasonable efforts, the child's health and safety shall be the16
paramount concern. However, the court may authorize the removal of the child even17
if the department's efforts have not been reasonable.18
C. (1) Upon presentation of the verified complaint, the court shall19
immediately determine whether emergency removal or the issuance of a safety plan20
order is necessary to secure the child's protection.21
(2) If the court determines that the child's welfare cannot be safeguarded22
without removal, the court shall immediately issue a written instanter order directing23
that the child be placed in the provisional custody of a suitable relative or other24
suitable individual capable of protecting the health and safety of the child or taken25
into the custody of the state. The order shall contain written findings of fact26
supporting the necessity for the child's removal in order to safeguard his welfare. If27
the court determines that emergency removal is not necessary to secure the child's28
protection, the court shall issue a written order denying the request for custody. If29
custody is given to a suitable relative or other suitable individual, the a safety plan30 SB NO. 290 ENROLLED
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shall be made an order of the court and shall direct the provisional custodian to1
adhere to the conditions of the safety plan. The safety plan shall set forth conditions2
of contact with parents or other third parties.3
(3) If, upon request by the state, the court determines that with the4
issuance of a safety plan order that the child's welfare can be safeguarded5
without removal, the court shall immediately issue a written instanter order6
directing compliance with the terms of the safety plan. The order shall contain7
written findings of fact supporting the necessity for the safety plan to safeguard8
his welfare. The safety plan shall set forth conditions as determined by or9
agreed upon by the state as necessary for the protection of the child's health and10
safety while remaining in the home.11
(4) If the court determines that emergency removal or the issuance of a12
safety plan order is not necessary to secure the child's protection, the court shall13
issue a written order denying the request for custody or for the implementation of14
a safety plan.15
D. An instanter order shall be executed by either an employee of the local16
child protection unit or any peace officer having territorial jurisdiction over the child.17
E. Any peace officer having territorial jurisdiction over the child is authorized18
to serve a summons upon a parent or caretaker, commanding him to appear at court19
for a continued custody or continued safety plan hearing. The summons shall20
expressly notify the parent or caretaker that the court may issue a binding order in21
his absence if he fails to appear. A copy of the summons shall be filed in the record22
as proof of service. An employee of the local child protection unit shall provide23
written notice to the parents or caretaker of the date, time, and location of the24
continued custody or continued safety plan hearing.25
Art. 620. Oral instanter orders26
A. In exceptional circumstances, the facts supporting the issuance of an27
instanter order and the exceptional circumstances may be relayed orally, including28
telephonically, to the judge and his order directing that a child be taken into custody29
or, upon request by the state, that a safety plan order be implemented may be30 SB NO. 290 ENROLLED
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issued orally.1
B. In such cases, an affidavit containing the information previously relayed2
orally, including telephonically, shall be filed with the clerk of the court within3
twenty-four hours and a written order shall be issued. The written order shall include4
the court's findings of fact supporting the necessity for the child's removal or the5
implementation of a safety plan order in order to safeguard his welfare and, if the6
child has been removed, shall determine the child's custodian in accordance with7
Article 619.8
C. The affidavit filed after the child has been placed shall indicate whether9
the child was released to his parents or remains removed.10
D. The department shall promptly notify the parents or caretaker of the nature11
of the allegations and, if the child is not released, of the time and place of the12
continued custody hearing.13
E. If the court ordered the implementation of a safety plan, the14
department shall promptly notify the parents or caretaker of the nature of the15
allegations, the conditions of the safety plan, and the time and place of a16
continued safety plan order hearing.17
* * *18
Art. 624. Continued custody hearing ; continued safety plan hearing19
A. If a child is not released to the care of his parents, a hearing shall be held20
by the court within three days after the child's removal or entry into custody. If a21
safety plan has been ordered, a hearing shall be held by the court within three22
days from the issuance of the safety plan order, unless the parents are in23
agreement with the safety plan. The parents' signature on the safety plan shall24
constitute evidence of their agreement with the plan.25
* * *26
C.(1) If it appears from the record that the parent cannot be found or has been27
served a summons or notified by the department to appear at the continued custody28
or continued safety plan hearing and fails to appear at the hearing, then the hearing29
may be held in the parent's absence.30 SB NO. 290 ENROLLED
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* * *1
D. At this hearing, the state has the burden to prove the existence of a ground2
for continued custody or the continued implementation of a safety plan pursuant3
to Article 626.4
* * *5
Art. 625. Advice of rights and responsibilities of parents, counsel, and department;6
absent parents7
A. At the continued custody or continued safety plan hearing, the court shall8
advise the parents and may advise the child, insofar as practicable, of:9
* * *10
Art. 626. Grounds for continued custody; reasonable efforts; grounds for continued11
safety plan12
* * *13
E. The court may authorize, with the consent of the state, continued14
implementation of a safety plan prior to the adjudication if there are reasonable15
grounds to believe the child is in need of care and that the continued16
implementation of the safety plan is necessary for his safety and protection. The17
safety plan shall continue to set forth conditions as determined or agreed upon18
by the state as necessary for the protection of the child's health and safety while19
remaining in the home.20
Art. 627. Continued custody order; special provisions; appointments ; continued21
safety plan order22
* * *23
E. The court shall order the appointment of counsel for the child and the24
appointment of a curator for any parent who is an absentee. The court may order the25
appointment of counsel for the parents or the appointment of a court-appointed26
special advocate. If the court finds that the child can safely remain in or return27
to the home with the implementation of a safety plan developed and agreed28
upon by the state pending adjudication, the court may order compliance with29
the conditions of the safety plan.30 SB NO. 290 ENROLLED
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F. If the court orders that the child be placed in the custody of a suitable1
relative or other suitable individual, it shall make the a safety plan part of its order.2
G. The court shall order the appointment of counsel for the child and the3
appointment of a curator for any parent who is an absentee. The court may4
order the appointment of counsel for the parents or the appointment of a court-5
appointed special advocate.6
* * *7
Art. 632. Time for filing of petition; child in custody8
A. If a child is continued in custody prior to adjudication, or if a protective9
order is issued, a petition requesting that the child be adjudicated in need of care10
shall be filed within thirty days of the hearing to determine continued custody. If the11
child remains in the home and a safety plan order has been issued, a petition12
requesting that the child be adjudicated in need of care shall be filed within13
forty-five days of the issuance of the safety plan order.14
* * *15
C. If no petition is filed within the applicable time period, the child shall be16
returned to the parent or the safety plan shall automatically be terminated.17
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: