HLS 17RS-1126 ENGROSSED
2017 Regular Session
HOUSE BILL NO. 343
BY REPRESENTATIVE FRANKLIN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CHILDREN/PARENTAL RIGHTS: Provides relative to termination of parental rights
1 AN ACT
2To amend and reenact Children's Code Articles 1004(B), (D), (F), and (I), 1035(B),
3 1036(C)(introductory paragraph), (D)(introductory paragraph), and (E), and
4 1036.2(E), relative to termination of parental rights; to provide relative to grounds
5 for termination; to provide for technical corrections; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Children's Code Articles 1004(B), (D), (F), and (I), 1035(B),
91036(C)(introductory paragraph), (D)(introductory paragraph), and (E), and 1036.2(E) are
10hereby amended and reenacted to read as follows:
11 Art. 1004. Petition for termination of parental rights; authorization to file
12 * * *
13 B. Counsel appointed for the child pursuant to Article 607 may petition for
14 the termination of parental rights of the parent of the child if the petition alleges a
15 ground authorized by Article 1015(4),(5), or (6), or (7) and, although eighteen
16 months have elapsed since the date of the child's adjudication as a child in need of
17 care, no petition has been filed by the district attorney or the department.
18 * * *
19 D. The department may petition for the termination of parental rights of the
20 parent of the child when any of the following apply:
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1 (1) The child has been subjected to abuse or neglect after the child is
2 returned to the parent's care and custody while under department supervision, and
3 termination is authorized by Article 1015(3)(j)(4)(j).
4 (2) The parent's parental rights to one or more of the child's siblings have
5 been terminated due to neglect or abuse and prior attempts to rehabilitate the parent
6 have been unsuccessful, and termination is authorized by Article 1015(3)(k)(4)(k).
7 (3) The child has been abandoned and termination is authorized by Article
8 1015(4)(5).
9 (4) The child has been placed in the custody of the state and termination is
10 authorized by Article 1015(5)(6).
11 (5) The child is in foster care because the parent is incarcerated and
12 termination is authorized by Article 1015(6)(7).
13 * * *
14 F. By special appointment for a particular case, the court or the district
15 attorney may designate private counsel authorized to petition for the termination of
16 parental rights of the parent of the child on the ground of abandonment authorized
17 by Article 1015(4)(5).
18 * * *
19 I. When a child is conceived as the result of a sex offense as defined in R.S.
20 15:541, the victim of the sex offense who is the custodial parent may petition to
21 terminate the rights of the perpetrator of the sex offense. Termination shall result in
22 the loss of custody, visitation, contact, and other parental rights of the perpetrator
23 regarding the child, but shall not affect the inheritance rights of the child. The
24 perpetrator shall be cast in judgment for court costs.
25 * * *
26 Art. 1035. Burden of proof
27 * * *
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1 B. The parent asserting a mental or physical disability as an affirmative
2 defense to abandonment under Article 1015(4)(5) bears the burden of proof by a
3 preponderance of the evidence.
4 Art. 1036. Proof of parental misconduct
5 * * *
6 C. Under Article 1015(5)(6), lack of parental compliance with a case plan
7 may be evidenced by one or more of the following:
8 * * *
9 D. Under Article 1015(5)(6), lack of any reasonable expectation of
10 significant improvement in the parent's conduct in the near future may be evidenced
11 by one or more of the following:
12 * * *
13 E. Under Article 1015(6)(7), a sentence of at least five years of
14 imprisonment raises a presumption of the parent's inability to care for the child for
15 an extended period of time, although the incarceration of a parent shall not in and of
16 itself be sufficient to deprive a parent of his parental rights.
17 * * *
18 Art. 1036.2. Incarcerated parent; duties; assessment
19 * * *
20 E. The notification form given to the incarcerated parent shall be
21 substantially as follows:
22 NOTICE OF DUTY TO PROVIDE A REASONABLE PLAN FOR THE
23 APPROPRIATE CARE OF YOUR CHILD AND TERMINATION OF
24 PARENTAL RIGHTS LAW
25 NOTICE TO PARENT: YOUR CHILD(REN),___________________________
26HAS/HAVE BEEN PLACED IN THE CUSTODY OF THE LOUISIANA DEPARTMENT
27OF CHILDREN AND FAMILY SERVICES BY ORDER OF THE
28________________________ Parish juvenile court _______________________ on
29______________________.
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1 PLEASE BE ADVISED OF THE FOLLOWING:
2 Louisiana law provides that you may name a person who is willing and able to serve
3as the custodian of your child(ren) and to offer a wholesome and stable environment for your
4child(ren). Failure to furnish a reasonable plan for the appropriate care of your child(ren)
5may result in the termination of your parental rights.
6 Please refer to Louisiana Children's Code, Title X, Articles 1001 to 1043, especially
7Articles 1015(6)(7) and 1036(E), for the details of Louisiana law regarding the termination
8of parental rights. A copy of the law is attached to this notice.
9 You are hereby notified that Louisiana law requires that you provide a reasonable
10plan for the appropriate care of your child(ren), other than continued foster care, within sixty
11(60) days of your receipt of this notice, which date is _________________________. Your
12plan shall include the names, addresses, cellular numbers, telephone numbers, and other
13contact information of every suitable alternative caregiver. You may provide additional
14information by filling out this form and mailing it in the stamped, self-addressed envelope
15given to you by the department before ______________________. If you fail or refuse to
16do so, you may lose all rights to your child(ren). Your plan will be examined to determine
17if it is reasonable and appropriate. Please provide your plan in detail no later than
18____________________________________ to the following person:
19 NAME: ____________________________________________
20 ADDRESS: _________________________________________
21 CITY/STATE/ZIP: ___________________________________
22 TELEPHONE: ______________________________________
23NOTE: IF YOU HAVE ANY QUESTIONS OR NEED ANY ASSISTANCE, CONTACT
24THE ABOVE PERSON OR YOUR ATTORNEY I MMEDIATELY.
25 Copy of the law, La. Ch.C. Arts. 1001 - 1043, Attached. PLEASE READ.
26I, ____________________________________, hereby certify that a copy of this notice with
27La. Ch.C. Arts. 1001-1043 attached, was delivered to ___________________________ on
28__________________________________ by personal delivery at the following location
29_____________________________.
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1DATE:________________________________
2______________________________________
3Signature of caseworker
4I, __________________________________, have received a copy of this notice, together
5with the attached laws (La. Ch.C. Arts. 1001-1043), and acknowledge that I understand fully
6that my rights may be terminated and my child(ren) adopted by others if I do not provide a
7reasonable plan of appropriate care while I am incarcerated, other than continued foster care,
8within sixty (60) days of my receipt of this notice on _____________________.
9______________________________________
10Signature of parent
11Witness: ____________________________ Date: ______________
12 Section 2. This Act shall become effective upon signature by the governor or, if not
13signed by the governor, upon expiration of the time for bills to become law without signature
14by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
15vetoed by the governor and subsequently approved by the legislature, this Act shall become
16effective on the day following such approval.
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 343 Engrossed 2017 Regular Session Franklin
Abstract: Amends Children's Code Articles regarding termination of parental rights to
make technical corrections, and provides relative to grounds for termination when
the child is conceived as a result of a sex offense.
Present law includes numerous articles of the Children's Code which reference Article 1015
of the Children's Code.
Proposed law makes technical corrections to these articles to reflect the changes made to
Children's Code Article 1015 from the 2016 Regular Session.
Present law, regarding termination of parental rights, authorizes the victim of a sex offense
who is the custodial parent to petition to terminate the rights of a perpetrator of a sex
offense.
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Proposed law removes the requirement that the victim of the sex offense be the custodial
parent in order to petition to terminate the rights of the perpetrator of the sex offense.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends Ch.C. Arts. 1004(B), (D), (F), and (I), 1035(B), 1036(C)(intro. para.), (D)(intro.
para.), and (E), and 1036.2(E))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Eliminates the requirement that the victim of the sex offense be the custodial
parent in order to petition to terminate the parental rights of the perpetrator of the
sex offense.
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