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Regular Session, 2014
SENATE BILL NO. 586
BY SENATORS DORSEY-COLOMB, BROOME, BUFFI NGTON AND JOHNS
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, 1284.3,2
1285.14 and R.S. 15:87.1(C)(1) and to enact R.S. 14:46.4, relative to children; to3
provide 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, 1284.3, and8
1285.14 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
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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
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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. 1284.3. 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 taking into consideration all documents filed concerning8
the adoption, may enter a final decree of adoption, or it may deny recognition of the9
adoption. Recognition may be refused only if the adoption is manifestly contrary to10
public policy, taking into account the best interests of the child.11
* * *12
Art. 1285.14. Final decree; notice; standard13
A. The court, as a part of the final decree, shall provide notice of the14
provisions of R.S. 14:46.4 to the parties.15
B. The court, after a hearing and after taking into consideration information16
from all sources concerning the adoption, may enter a final decree of adoption, or it17
may deny the adoption. The basic consideration shall be the best interest of the child.18
* * *19
Section 2. R.S. 14:46.4 is hereby enacted to read as follows:20
§46.4. Re-homing of a child21
A. Re-homing of a child is:22
(1) A transaction, or any action taken to facilitate such transaction,23
through electronic means or otherwise by a parent or any individual or entity24
with custody of a child who intends to avoid or divest himself of permanent25
parental responsibility by placing the child in the physical custody of a26
nonrelative, without court approval, unless Paragraph B of this Section applies.27
Actions include but are not limited to transferring, recruiting, harboring,28
transporting, providing, soliciting, or obtaining a child for such transaction.29 SB NO. 586
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(2) The selling, transferring, or arranging for the sale or transfer of a1
minor child to another person or entity for money or any thing of value or to2
receive such minor child for such payments or thing of value.3
(3) Assisting, aiding, abetting, or conspiring in the commission of any act4
described in Subsections (1) and (2) of this Section by any person or entity,5
regardless of whether money or any thing of value has been promised to or6
received by the person.7
B. Re-homing does not include:8
(1) Placement of a child with a relative, stepparent, licensed adoption9
agency, licensed attorney, or the Department of Children and Family Services.10
(2) Placement of a child by a licensed attorney or the Department of11
Children and Family Services.12
(3) Temporary placement of a child by parents or custodians for13
designated short-term periods with a specified intent and time period for return14
of the child, due to incarceration, military service, medical treatment, or15
incapacity of a parent.16
(4) Placement of a child in another state in accordance with the17
requirements of the Interstate Compact on the Placement of Children.18
C. Whoever commits the crime of re-homing of a child shall be fined not19
more than five thousand dollars and shall be imprisoned at hard labor for not20
more than five years.21
D. It shall not be a defense to prosecution for a violation of this Section22
that the person being re-homed is actually a law enforcement officer or peace23
officer acting within the official scope of his duties.24
E. The provisions of Chapter 1 of Title V of the Louisiana Children's25
Code regarding the multidisciplinary team approach applicable to children who26
have been abused or neglected, to the extent practical, shall apply to the27
children who are victims of the provisions of this Section.28
Section 3. R.S. 15:587.1(C)(1) is hereby amended and reenacted to read as follows:29 SB NO. 586
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§587.1. Provision of information to protect children1
* * *2
C. The provisions of R.S. 15:825.3, R.S. 17:15, R.S. 46:51.2 and 1441.13,3
and Children's Code Article 424.1 shall govern the employment of persons who have4
been convicted of, or pled guilty or nolo contendere to, any of the following crimes:5
(1) R.S. 14:30, R.S. 14:30.1, R.S. 14:31, R.S. 14:32.6 through R.S. 14:32.8,6
R.S. 14:41 through R.S. 14:45, R.S. 14:46.4, R.S. 14:74, R.S. 14:78, R.S. 14:78.1,7
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. 14:89.2,8
R.S. 14:92, R.S. 14:93, R.S. 14:93.2.1, R.S. 14:93.3, crimes of violence as defined9
in R.S.14:2(B), sex offenses as defined in R.S. 15:541, R.S. 14:106, R.S. 14:282,10
R.S. 14:283, R.S. 14:283.1, R.S. 14:284, R.S. 14:286, R.S. 40:966(A), R.S.11
40:967(A), R.S. 40:968(A), R.S. 40:969(A), and R.S. 40:970(A) or convictions for12
attempt or conspiracy to commit any of those offenses;13
* * *14
The original instrument was prepared by Angela Lockett De Jean. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by J. W. Wiley.
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. SB NO. 586
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(3)Assisting, aiding, abetting, or conspiring in the commission of any act described 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 Placement 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.
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, 1284.3, and 1285.14 and R.S.
15:87.1(C)(1); adds R.S. 14:46.4)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Included language providing notice of re-homing crime in Ch. C. Art. 1284.3
concerning final decrees of adoption.
Senate Floor Amendments to engrossed bill
1. Makes technical changes.