Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB72 Introduced / Bill

                    SLS 14RS-365	ORIGINAL
Page 1 of 3
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. 72
BY SENATOR WHITE 
CHILDREN'S CODE. Removes the requirement that certain petitions be verified. (8/1/14)
AN ACT1
To amend and reenact Children's Code Articles 633, 748, 844 and 1018, relative to petitions2
in certain proceedings; to remove the requirement of verification of such petitions;3
to provide for certain terms, conditions and procedures; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Children's Code Articles 633, 748, 844 and 1018 are hereby amended and7
reenacted to read as follows:8
Art. 633.  Form of petition9
A. The petition shall contain a caption setting forth the name of the court and10
the title of the action. The petition shall be entitled, "The State of Louisiana in the11
Interest of . . ."12
B. Allegations of fact shall be simple, concise, and direct and shall be set13
forth in numbered paragraphs. As far as practicable, each paragraph shall be limited14
to a single set of circumstances.15
C. The petition shall be verified. Allegations of fact may be made on16
information and belief.17 SB NO. 72
SLS 14RS-365	ORIGINAL
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
D. C. Failure to comply with formal requirements of this Article shall not be1
grounds for dismissal of a petition or invalidation of the proceedings unless it results2
in substantial prejudice.3
*          *          *4
Art. 748.  Form of petition5
A. The petition shall contain a caption setting forth the name of the court and6
the title of the action. The petition shall be entitled, "The State of Louisiana in the7
Interest of . . .".8
B. Allegations of fact shall be simple, concise, and direct and shall be set9
forth in numbered paragraphs. As far as practicable, each paragraph shall be limited10
to a single set of circumstances.11
C. The petition shall be verified. Allegations of fact may be made on12
information and belief.13
D. C. Failure to comply with formal requirements of this Article shall not be14
grounds for dismissal of a petition or invalidation of the proceedings unless it results15
in substantial prejudice.16
*          *          *17
Art. 844.  Form of petition18
A. The petition shall contain a caption setting forth the name of the court and19
the title of the action. The petition shall be entitled, "The State of Louisiana in the20
Interest of . . .".21
B. Allegations of fact shall be simple, concise, and direct and shall be set22
forth in numbered paragraphs. As far as practicable, each paragraph shall be limited23
to a single set of circumstances.24
C. The petition shall be verified. Allegations of fact may be made on25
information and belief.26
D. C. Failure to comply with formal requirements of this Article shall not be27
grounds for dismissal of a petition or invalidation of the proceedings unless it results28
in substantial prejudice.29 SB NO. 72
SLS 14RS-365	ORIGINAL
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
*          *          *1
Art. 1018.  Form of petition2
A. The petition shall contain a caption setting forth the name of the court and3
the title of the action. The petition shall be entitled, "The State of Louisiana in the4
Interest of . . .".5
B. Allegations of fact shall be simple, concise, and direct and shall be set6
forth in numbered paragraphs. As far as practicable, each paragraph shall be limited7
to a single set of circumstances.8
C. The petition shall be verified. Allegations of fact may be made on9
information and belief.10
D. C. Failure to comply with formal requirements of this Article shall not be11
grounds for dismissal of a petition or invalidation of the proceedings unless it results12
in substantial prejudice.13
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
White (SB 72)
Present law in Children's Code requires that petitions filed in child in need of care
proceedings, family in need of services proceedings, juvenile delinquency proceedings and
involuntary termination of parental right proceedings be verified.
Proposed law removes requirement that such petitions be verified. 
Effective August 1, 2014.
(Amends Ch. C. Arts. 633, 748, 844 and 1018)