SLS 14RS-831 ORIGINAL
Page 1 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 586
BY SENATOR DORSEY-COLOMB
CHILDREN. Provides relative to adoptions and prohibits the re-homing of a child. (8/1/14)
AN ACT1
To amend and reenact Children's Code Articles 1217, 1239, 1255, 1282.3, 1283.14, 1285.142
and R.S. 15:87.1(C)(1) and to enact R.S. 14:46.4, relative to children; to provide3
relative to adoptions; to prohibit the re-homing of a child; to provide certain4
definitions, terms, conditions, procedures, prohibitions, crimes, penalties, and5
effects; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Children's Code Articles 1217, 1239, 1255, 1282.3, 1283.14 and 1285.148
are hereby amended and reenacted to read as follows:9
Art. 1217. Final decree; notice; standard10
A. The court, as a part of the final decree, shall provide notice of the11
provisions of R.S. 14:46.4 to the parties.12
B. The court, after hearing and after taking into consideration information13
from all sources concerning the adoption, may enter a final decree of agency14
adoption, or it may deny the adoption. The basic consideration shall be the best15
interests of the child.16
* * *17 SB NO. 586
SLS 14RS-831 ORIGINAL
Page 2 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Art. 1239. Final decree; notice; standard1
A. The court, as a part of the final decree, shall provide notice of the2
provisions of R.S. 14:46.4 to the parties.3
B. The court, after hearing and after taking into consideration information4
from all sources concerning the adoption, may enter a final decree of private5
adoption, or it may deny the adoption. The basic consideration shall be the best6
interests of the child.7
* * *8
Art. 1255. Final decree; notice; standard9
A. The court, as a part of the final decree, shall provide notice of the10
provisions of R.S. 14:46.4 to the parties.11
B. The court, after hearing and after taking into consideration information12
from all sources concerning the intrafamily adoption, may enter a final decree of13
adoption, or it may deny the adoption. The basic consideration shall be the best14
interests of the child.15
B.C. When a court has granted custody to either the child's grandparents or16
his parent married to the stepparent petitioner, there shall be a rebuttable17
presumption that this adoption is in the best interests of the child.18
* * *19
Art. 1282.3. Final decree; notice; standard20
A. The court, as a part of the final decree, shall provide notice of the21
provisions of R.S. 14:46.4 to the parties.22
B. The court, after taking into consideration all documents filed concerning23
the adoption, may enter a final decree of adoption, or it may deny recognition of the24
adoption. The basic consideration shall be the best interest of the child.25
* * *26
Art. 1283.14. Final decree; notice; standard27
A. The court, as a part of the final decree, shall provide notice of the28
provisions of R.S. 14:46.4 to the parties.29 SB NO. 586
SLS 14RS-831 ORIGINAL
Page 3 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
B. The court, after hearing and after taking into consideration information1
from all sources concerning the adoption, may enter a final decree of adoption, or it2
may deny the adoption. The basic consideration shall be the best interest of the child.3
* * *4
Art. 1285.14. Final decree; notice; standard5
A. The court, as a part of the final decree, shall provide notice of the6
provisions of R.S. 14:46.4 to the parties.7
B. The court, after a hearing and after taking into consideration information8
from all sources concerning the adoption, may enter a final decree of adoption, or it9
may deny the adoption. The basic consideration shall be the best interest of the child.10
* * *11
Section 2. R.S. 14:46.4 is hereby enacted to read as follows:12
§46.4. Re-homing of a child13
A. Re-homing of a child is:14
(1) A transaction, or any action taken to facilitate such transaction,15
through electronic means or otherwise by a parent or any individual or entity16
with custody of a child who intends to avoid or divest himself of permanent17
parental responsibility by placing the child in the physical custody of a18
nonrelative, without court approval, unless Paragraph B of this Section applies.19
Actions include but are not limited to transferring, recruiting, harboring,20
transporting, providing, soliciting, or obtaining a child for such transaction.21
(2) The selling, transferring, or arranging for the sale or transfer of a22
minor child to another person or entity for money or any thing of value or to23
receive such minor child for such payments or thing of value.24
(3) Assisting, aiding, abetting, or conspiring in the commission of any act25
prohibited in Subsections (1) and (2) of this Section by any person or entity,26
regardless of whether money or any thing of value has been promised to or27
received by the person.28
B. Re-homing does not include:29 SB NO. 586
SLS 14RS-831 ORIGINAL
Page 4 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(1) Placement of a child with a relative, stepparent, licensed adoption1
agency, licensed attorney, or the Department of Children and Family Services.2
(2) Placement of a child by a licensed attorney or the Department of3
Children and Family Services.4
(3) Temporary placement of a child by parents or custodians for5
designated short-term periods with a specified intent and time period for return6
of the child, due to incarceration, military service, medical treatment, or7
incapacity of a parent.8
(4) Placement of a child in another state in accordance with the9
requirements of the Interstate Compact on the Placements of Children.10
C. Whoever commits the crime of re-homing of a child shall be fined not11
more than five thousand dollars and shall be imprisoned at hard labor for not12
more than five years.13
D. It shall not be a defense to prosecution for a violation of this Section14
that the person being re-homed is actually a law enforcement officer or peace15
officer acting within the official scope of his duties.16
E. The provisions of Chapter 1 of Title V of the Louisiana Children's17
Code regarding the multidisciplinary team approach applicable to children who18
have been abused or neglected, to the extent practical, shall apply to the19
children who are victims of the provisions of this Section.20
Section 3. R.S. 15:587.1(C)(1) is hereby amended and reenacted to read as follows:21
§587.1. Provision of information to protect children22
* * *23
C. The provisions of R.S. 15:825.3, R.S. 17:15, R.S. 46:51.2 and 1441.13,24
and Children's Code Article 424.1 shall govern the employment of persons who have25
been convicted of, or pled guilty or nolo contendere to, any of the following crimes:26
(1) R.S. 14:30, R.S. 14:30.1, R.S. 14:31, R.S. 14:32.6 through R.S. 14:32.8,27
R.S. 14:41 through R.S. 14:45, R.S. 14:46.4, R.S. 14:74, R.S. 14:78, R.S. 14:78.1,28
R.S. 14:79.1, R.S. 14:80 through R.S. 14:86, R.S. 14:89, R.S. 14:89.1, R.S. 14:89.2,29 SB NO. 586
SLS 14RS-831 ORIGINAL
Page 5 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
R.S. 14:92, R.S. 14:93, R.S. 14:93.2.1, R.S. 14:93.3, crimes of violence as defined1
in R.S.14:2(B), sex offenses as defined in R.S. 15:541, R.S. 14:106, R.S. 14:282,2
R.S. 14:283, R.S. 14:283.1, R.S. 14:284, R.S. 14:286, R.S. 40:966(A), R.S.3
40:967(A), R.S. 40:968(A), R.S. 40:969(A), and R.S. 40:970(A) or convictions for4
attempt or conspiracy to commit any of those offenses;5
* * *6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
Dorsey-Colomb (SB 586)
Present law in Children's Code provides procedures for adoption of a child. Provides that
the court, after hearing and after taking into consideration information from all sources
concerning the adoption, may enter a final decree of agency adoption, or it may deny the
adoption. The basic consideration shall be the best interests of the child.
Proposed law retains present law and adds that the court, as a part of the final decree, shall
provide notice of the provisions of proposed law to the parties concerning the crime of re-
homing of a child.
Proposed law creates the crime of re-homing of a child, defined as:
(1)A transaction, or any action taken to facilitate such transaction, through electronic
means or otherwise by a parent or any individual or entity with custody of a child
who intends to avoid or divest himself of permanent parental responsibility by
placing the child in the physical custody of a nonrelative, without court approval,
unless proposed law otherwise applies. Actions include but are not limited to
transferring, recruiting, harboring, transporting, providing, soliciting, or obtaining
a child for such transaction.
(2)The selling, transferring, or arranging for the sale or transfer of a minor child to
another person or entity for money or any thing of value or to receive such minor
child for such payments or thing of value.
(3)Assisting, aiding, abetting, or conspiring in the commission of any act prohibited in
proposed law by any person or entity, regardless of whether money or any thing of
value has been promised to or received by the person.
Proposed law provides that re-homing does not include placements made with a relative,
stepparent, licensed adoption agency, licensed attorney, or the DCFS; placements made by
a licensed attorney or the DCFS; temporary placements made by parents or custodians for
designated short-term periods with a specified intent and time period for return of the child,
due to incarceration, military service, medical treatment, or incapacity of a parent; and
placement of child in another state in accordance with the requirements of the Interstate
Compact on the Placements of Children.
Proposed law provides that whoever commits the crime of re-homing of a child shall be
fined not more than $5,000 and shall be imprisoned at hard labor for not more than five
years. SB NO. 586
SLS 14RS-831 ORIGINAL
Page 6 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that it shall not be a defense to prosecution for a violation of
proposed law that the person being re-homed is actually a law enforcement officer or peace
officer acting within the official scope of his duties.
Proposed law provides that the provisions of present law regarding the multidisciplinary
team approach applicable to children who have been abused or neglected, to the extent
practical, shall apply to the children who are victims of the provisions of proposed law.
Present law provides that the provisions of present law shall govern the employment of
persons who have been convicted of, or pled guilty or nolo contendere to, certain crimes.
Proposed law retains present law and adds the re-homing of a child.
Effective August 1, 2014.
(Amends Ch.C. Arts. 1217, 1239, 1255, 1282.3, 1283.14, and 1285.14 and R.S.
15:87.1(C)(1); adds R.S. 14:46.4)