Dorsey-Colomb (SB 586) Act No. 721
Prior law in Children's Code provided procedures for adoption of a child. Provided 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.
New law retains prior law and adds that the court, as a part of the final decree, shall provide
notice of the provisions of new law to the parties concerning the crime of re-homing of a
child.
New law creates the crime of re-homing of a child, defined as any one of the following:
(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 new 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 described in
new law by any person or entity, regardless of whether money or any thing of value
has been promised to or received by the person.
New law provides that re-homing does not include placements made with a relative,
stepparent, licensed adoption agency, licensed attorney, or DCFS; placements made by a
licensed attorney, a licensed adoption agency, or 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 a vacation or a school-sponsored function or activity or
for the incarceration, military service, medical treatment, or incapacity of a parent;
placement of child in another state in accordance with the requirements of the Interstate
Compact on the Placement of Children; and relinquishment of a child pursuant to a safe
haven provision of law.
New 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.
New law provides that it shall not be a defense to prosecution for a violation of new law that
the person being re-homed is actually a law enforcement officer or peace officer acting
within the official scope of his duties.
New law provides that the prior 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 new law.
Prior law provided that the prior law shall govern the employment of persons who have been
convicted of, or pled guilty or nolo contendere to, certain crimes.
New law retains prior 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)