HLS 16RS-345 REENGROSSED
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; to provide relative to certain costs; and to
4 provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. Civil Code Article 355 is hereby amended and reenacted to read as
7follows:
8 Art. 355. Petition for continuing or permanent tutorship
9 When a person above the age of fifteen possesses less than two-thirds of the
10 average mental ability intellectual functioning of a normal person of the same age
11 with average intellectual functioning, evidenced by standard testing procedures
12 administered by competent persons or other relevant evidence acceptable to the
13 court, the parents of such person, or the person entitled to custody or tutorship if one
14 or both parents be are dead, incapacitated, or an absent person, or if the parents be
15 are judicially separated or divorced, may, with the concurrence of the coroner of the
16 parish of the mentally deficient intellectually disabled person's domicile, petition the
17 court of that district to place such person under a continuing tutorship which shall
18 not automatically end at any age but shall continue until revoked by the court of
19 domicile. The petitioner shall not bear the coroner's costs or fees associated with
20 securing the coroner's concurrence.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-345 REENGROSSED
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 Reengrossed 2016 Regular Session Gregory Miller
Abstract: Adds permissible evidence in continuing tutorship hearings and provides that the
petitioner shall not bear the cost of securing the concurrence of the coroner.
Present law provides that to establish that a person above the age of 15 possesses less than
2/3 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 15,
there must be concurrence of the coroner of the parish of the mentally deficient person's
domicile.
Proposed law maintains the requirement of concurrence of the coroner to continue the
tutorship of a person above the age of 15, and clarifies that the petitioner shall not bear the
coroner's costs or fees associated with securing the coroner's concurrence.
(Amends C.C. Art. 355)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Reinstates the present law requirement of concurrence by the coroner to petition
the court for the continuing tutorship.
2. Changes an obsolete term referring to those with certain disabilities.
3. Adds that the petitioner shall not bear the coroner's costs or fees associated with
securing the coroner's concurrence.
The House Floor Amendments to the engrossed bill:
1. Changes language referencing "mental ability" to "intellectual functioning".
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.