HLS 16RS-345 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 447
BY REPRESENTATIVE GREGORY MILLER
CHILDREN/TUTORSHIP: Provides for changes to procedures for continuing tutorships
1 AN ACT
2To amend and reenact Civil Code Article 355, relative to continuing tutorships; to provide
3 for procedures for continuing tutorships; and to provide for related matters.
4Be it enacted by the Legislature of Louisiana:
5 Section 1. Civil Code Article 355 is hereby amended and reenacted to read as
6follows:
7 Art. 355. Petition for continuing or permanent tutorship
8 When a person above the age of fifteen possesses less than two-thirds of the
9 average mental ability of a normal person of the same age with average mental
10 ability, evidenced by standard testing procedures administered by competent persons
11 or other relevant evidence acceptable to the court, the parents of such person, or the
12 person entitled to custody or tutorship if one or both parents be dead, incapacitated,
13 or an absent person, or if the parents be judicially separated or divorced, may, with
14 the concurrence of the coroner of the parish of the mentally deficient person's
15 domicile, petition the court of that district to place such person under a continuing
16 tutorship which shall not automatically end at any age but shall continue until
17 revoked by the court of domicile.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-345 ORIGINAL
HB NO. 447
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 447 Original 2016 Regular Session Gregory Miller
Abstract: Adds permissible evidence in continuing tutorship hearings and eliminates
requirement of concurrence of coroners.
Present law provides that to establish that a person above the age of fifteen possesses less
than two-thirds of the average mental ability of a normal person of the same age, there must
be standard testing procedures administered by competent persons.
Proposed law expands present law to allow the court to consider other relevant evidence in
addition to standard testing procedures.
Present law requires that in order to continue the tutorship of a person above the age of
fifteen, there must be concurrence of the coroner of the parish of the mentally deficient
person's domicile.
Proposed law eliminates the requirement of concurrence of the coroner to continue the
tutorship of a person above the age of fifteen.
(Amends C.C. Art. 355)
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.