SLS 17RS-278 ORIGINAL
2017 Regular Session
SENATE BILL NO. 81
BY SENATOR BISHOP (On Recommendation of the Louisiana State Law Institute)
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CURATORSHIP. Provides for curatorship. (8/1/17)
1 AN ACT
2 To amend and reenact Children's Code Article 405(A) and (B) and to enact Children's Code
3 Article 116(4.1), relative to curators; to provide for definitions; to provide for the
4 payment of fees; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. Children's Code Article 405(A) and (B) are hereby amended and
7 reenacted and Children's Code Article 116(4.1) is hereby enacted to read as follows:
8 Art. 116. Definitions
9 Except where the context clearly indicates otherwise, these definitions apply
10 for the following terms used throughout this Code.
11 * * *
12 (4.1) "Diligent effort to locate" means efforts made by a curator that,
13 under the circumstances known to the curator, are reasonably calculated to
14 locate an absentee. Such efforts may include a review of court records,
15 department records, law enforcement records, vital records, military records,
16 directory assistance, internet search sites, and licensing agencies. Publication
17 shall not be required except as specifically provided in this Code.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 81
SLS 17RS-278 ORIGINAL
1 * * *
2 Comments - 2017
3 The list in Article 116(4.1) is illustrative only. What constitutes a diligent
4 effort is decided on a case-by-case basis. The capacity to conduct searches on the
5 Internet has become readily available and is highly effective; thus, preference should
6 be given to internet searches, particularly in lieu of or prior to publication.
7 * * *
8 Art. 405. Court or witness fees; travel expenses
9 A. Except as otherwise provided by law, no court or witness fees shall be
10 allowed against any party to a petition, and no salaried officer of the state or of any
11 parish or municipality therein shall be entitled to receive any fee for the service or
12 for attendance in court in any such proceedings. All Except as otherwise provided
13 in R.S. 13:4521, all other persons acting under orders of the court may be paid in the
14 same manner as in the district court for services or service of process and attendance
15 or serving as witnesses, the fees provided by law for like services in cases before the
16 district court.
17 B. The court may authorize the payment of necessary travel expenses to
18 witnesses attending in response to summons and the payment of curator fees to be
19 fixed by the court. Such Travel expenses, when authorized by the court, shall be
20 paid from the general fund of the parish or other funds available to the court. Except
21 in proceedings initiated by the state, the court may authorize the payment of
22 curator expenses and fees, which, if so authorized, shall be fixed by the court
23 and paid by petitioners.
24 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Thomas L. Tyler.
DIGEST
SB 81 Original 2017 Regular Session Bishop
Proposed law defines "diligent effort to locate" in curatorship proceedings to be efforts by
the curator, under circumstances known to the curator, that are reasonably calculated to
locate the absentee. Provides that these efforts may include review of court records,
department records, law enforcement records, vital records, military records, directory
assistance, internet search sites, and licensing agencies. Provides that publication is not
required unless specifically provided in the Children's Code.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 81
SLS 17RS-278 ORIGINAL
Present law (Ch.C. Art. 405) provides for payment of curator fees from the parish or other
funds available to the court.
Proposed law delineates responsibility for payment of curator expenses and fees depending
upon whether the petitioner is the state or a private party.
Effective August 1, 2017.
(Amends Ch.C. Art. 405(A) and (B); adds Ch.C. Art. 116(4.1))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.