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words in boldface type and underscored are additions.
Regular Session, 2014 ENROLLED
SENATE BILL NO. 586
BY SENATORS DORSEY-COLOMB, BROOME, BUFFI NGTON AND JOHNS
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
Art. 1239. Final decree; notice; standard18
A. The court, as a part of the final decree, shall provide notice of the19
provisions of R.S. 14:46.4 to the parties.20
B. The court, after hearing and after taking into consideration information21
from all sources concerning the adoption, may enter a final decree of private22
adoption, or it may deny the adoption. The basic consideration shall be the best23
interests of the child.24
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ACT No. 721 SB NO. 586 ENROLLED
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words in boldface type and underscored are additions.
Art. 1255. 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 intrafamily adoption, may enter a final decree of5
adoption, or it may deny the adoption. The basic consideration shall be the best6
interests of the child.7
B.C. When a court has granted custody to either the child's grandparents or8
his parent married to the stepparent petitioner, there shall be a rebuttable9
presumption that this adoption is in the best interests of the child.10
* * *11
Art. 1282.3. Final decree; notice; standard12
A. The court, as a part of the final decree, shall provide notice of the13
provisions of R.S. 14:46.4 to the parties.14
B. The court, after taking into consideration all documents filed concerning15
the adoption, may enter a final decree of adoption, or it may deny recognition of the16
adoption. The basic consideration shall be the best interest of the child.17
* * *18
Art. 1283.14. Final decree; notice; standard19
A. The court, as a part of the final decree, shall provide notice of the20
provisions of R.S. 14:46.4 to the parties.21
B. The court, after hearing and after taking into consideration information22
from all sources concerning the adoption, may enter a final decree of adoption, or it23
may deny the adoption. The basic consideration shall be the best interest of the child.24
* * *25
Art. 1284.3. Final decree; notice; standard26
A. The court, as a part of the final decree, shall provide notice of the27
provisions of R.S. 14:46.4 to the parties.28
B. The court, after taking into consideration all documents filed concerning29
the adoption, may enter a final decree of adoption, or it may deny recognition of the30 SB NO. 586 ENROLLED
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adoption. Recognition may be refused only if the adoption is manifestly contrary to1
public policy, taking into account the best interests of the child.2
* * *3
Art. 1285.14. Final decree; notice; standard4
A. The court, as a part of the final decree, shall provide notice of the5
provisions of R.S. 14:46.4 to the parties.6
B. The court, after a hearing and after taking into consideration information7
from all sources concerning the adoption, may enter a final decree of adoption, or it8
may deny the adoption. The basic consideration shall be the best interest of the child.9
* * *10
Section 2. R.S. 14:46.4 is hereby enacted to read as follows:11
§46.4. Re-homing of a child12
A. Re-homing of a child is any one of the following:13
(1) A transaction, or any action taken to facilitate such transaction,14
through electronic means or otherwise by a parent or any individual or entity15
with custody of a child who intends to avoid or divest himself of permanent16
parental responsibility by placing the child in the physical custody of a17
nonrelative, without court approval, unless Paragraph B of this Section applies.18
Actions include but are not limited to transferring, recruiting, harboring,19
transporting, providing, soliciting, or obtaining a child for such transaction.20
(2) The selling, transferring, or arranging for the sale or transfer of a21
minor child to another person or entity for money or any thing of value or to22
receive such minor child for such payments or thing of value.23
(3) Assisting, aiding, abetting, or conspiring in the commission of any act24
described in Subsections (1) and (2) of this Section by any person or entity,25
regardless of whether money or any thing of value has been promised to or26
received by the person.27
B. Re-homing does not include:28
(1) Placement of a child with a relative, stepparent, licensed adoption29
agency, licensed attorney, or the Department of Children and Family Services.30 SB NO. 586 ENROLLED
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(2) Placement of a child by a licensed attorney, licensed adoption agency,1
or the Department of Children and Family Services.2
(3) Temporary placement of a child by parents or custodians for3
designated short-term periods with a specified intent and time period for return4
of the child, due to a vacation or a school-sponsored function or activity, or the5
incarceration, military service, medical treatment, or incapacity of a parent.6
(4) Placement of a child in another state in accordance with the7
requirements of the Interstate Compact on the Placement of Children.8
(5) Relinquishment of a child pursuant to the safe haven provisions of9
law.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
R.S. 14:92, R.S. 14:93, R.S. 14:93.2.1, R.S. 14:93.3, crimes of violence as defined30 SB NO. 586 ENROLLED
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in R.S.14:2(B), sex offenses as defined in R.S. 15:541, R.S. 14:106, R.S. 14:282,1
R.S. 14:283, R.S. 14:283.1, R.S. 14:284, R.S. 14:286, R.S. 40:966(A), R.S.2
40:967(A), R.S. 40:968(A), R.S. 40:969(A), and R.S. 40:970(A) or convictions for3
attempt or conspiracy to commit any of those offenses;4
* * *5
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: