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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 Articles 405(A) and (B), 1016(A), and 1025.4(A)(2),
3 and to enact Children's Code Articles 116(4.1), 643(C), 1004(D)(6), 1015(10), and
4 1023(C), relative to curators; to provide for definitions; to provide for the payment
5 of fees; to provide relative to unidentified parents; to provide relative to termination
6 of parental rights; to provide relative to right to counsel; to provide relative to
7 conference scheduling; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Children's Code Articles 405(A) and (B), 1016(A), and 1025.4(A)(2) are
10 hereby amended and reenacted and Children's Code Articles 116(4.1), 643(C), 1004(D)(6),
11 1015(10), 1023(C) are hereby enacted to read as follows:
12 Art. 116. Definitions
13 Except where the context clearly indicates otherwise, these definitions apply
14 for the following terms used throughout this Code.
15 * * *
16 (4.1) "Diligent effort to locate" means efforts made by a curator that,
17 under the circumstances known to the curator, are reasonably calculated to
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1 locate an absentee. Such efforts may include a review of court records,
2 department records, law enforcement records, vital records, military records,
3 directory assistance, internet search sites, and licensing agencies. Publication
4 shall not be required except as specifically provided in this Code.
5 * * *
6 Comments - 2017
7 The list in Article 116(4.1) is illustrative only. What constitutes a diligent
8 effort is decided on a case-by-case basis. The capacity to conduct searches on the
9 Internet has become readily available and is highly effective; thus, preference should
10 be given to internet searches, particularly in lieu of or prior to publication.
11 * * *
12 Art. 405. Court or witness fees; travel expenses
13 A. Except as otherwise provided by law, no court or witness fees shall be
14 allowed against any party to a petition, and no salaried officer of the state or of any
15 parish or municipality therein shall be entitled to receive any fee for the service or
16 for attendance in court in any such proceedings. All Except as otherwise provided
17 in R.S. 13:4521, all other persons acting under orders of the court may be paid in the
18 same manner as in the district court for services or service of process and attendance
19 or serving as witnesses, the fees provided by law for like services in cases before the
20 district court.
21 B. The court may authorize the payment of necessary travel expenses to
22 witnesses attending in response to summons and the payment of curator fees to be
23 fixed by the court. Such Travel expenses, when authorized by the court, shall be
24 paid from the general fund of the parish or other funds available to the court. Except
25 in proceedings initiated by the state, the court may authorize the payment of
26 curator expenses and fees, which, if so authorized, shall be fixed by the court
27 and paid by petitioners.
28 * * *
29 Art. 643. Service; absentee or unidentified parent; curator ad hoc
30 * * *
31 C. If the father is unidentified, it is not necessary to appoint a curator ad
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1 hoc for that parent. The father shall be considered unidentified if the biological
2 father's name is not provided on the birth certificate, there is no presumed
3 father, and no party to the proceedings is able to provide a first and last name
4 of a putative father or alias sufficient to provide a reasonable possibility of
5 identification and location.
6 * * *
7 Art. 1004. Petition for termination of parental rights; authorization to file
8 * * *
9 D. The department may petition for the termination of parental rights of the
10 parent of the child when any of the following apply:
11 * * *
12 (6) The child is in foster care and, despite diligent efforts by the
13 department to identify the child's father, his identity is unknown and
14 termination is authorized by Article 1015(10).
15 * * *
16 Art. 1015. Grounds
17 The grounds for termination of parental rights are:
18 * * *
19 (10) The child is in the custody of the department pursuant to a court
20 order for at least one year, unless sooner permitted by the court, and the
21 identity of the child's father remains unknown despite diligent efforts by the
22 department to identify and locate the father by the following:
23 (a) In the course of investigating the case and providing services to the
24 family the department has been unable to learn the identity of the father.
25 (b) No party to the proceedings is able to provide a first and last name
26 of a putative father or alias sufficient to provide a reasonable possibility of
27 identification and location.
28 (c) A certified copy of the child's birth certificate with no one indicated
29 thereon as the father of the child, or the father listed has been determined not
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1 to be the biological father of the child.
2 (d) A recent certificate from the putative father registry indicating that
3 no person is listed or registered as the child's father.
4 (e) A recent certificate from the clerk of court in the parish in which the
5 child was born indicating that no acknowledgment with respect to this child has
6 been recorded.
7 * * *
8 Art. 1016. Right to counsel
9 A. The child and the identified parent shall each have the right to be
10 represented by separate counsel in a termination proceeding brought under this Title.
11 Neither the child nor anyone purporting to act on his behalf may be permitted to
12 waive the child's right to counsel.
13 * * *
14 Art. 1023. Service; absentee parent; unidentified father
15 * * *
16 C. If the father is unidentified, it is not necessary to appoint a curator ad
17 hoc for that parent. The father shall be considered unidentified if the biological
18 father's name is not provided on the birth certificate, there is no presumed
19 father, and no party to the proceedings is able to provide a first and last name
20 of a putative father or alias sufficient to provide a reasonable possibility of
21 identification and location.
22 * * *
23 Art. 1025.4. Prehearing and scheduling conference; order
24 A. At the appearance, on its own motion or on motion of counsel, the court
25 shall direct counsel for the petitioner, for the parents, and for the child to appear
26 before it for a conference to consider the following:
27 * * *
28 (2) Efforts to identify and locate an unidentified or absent parent and
29 relatives or other individuals willing and able to offer a wholesome and stable home
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1 for the child.
2 * * *
The original instrument was prepared by Thomas L. Tyler. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Jerry G. Jones.
DIGEST
SB 81 Engrossed 2017 Regular Session Bishop
Proposed law in Children's Code 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.
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.
Proposed law further provides relative to procedures for unidentified parents, including that
it is not necessary to appoint a curator ad hoc for an unidentified father, and grounds and
procedures relative to termination of parental rights, right to counsel and service, and
prehearing and scheduling conferences.
Effective August 1, 2017.
(Amends Ch.C. Arts. 405(A) and (B), 1016(A), and 1025.4(A)(2); adds Ch.C. Arts. 116(4.1),
643(C), 1004(D)(6), 1015(10), and 1023(C))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Added language relative to unidentified parents and termination of parental
rights, right to counsel and service, and prehearing and scheduling
conferences.
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words in boldface type and underscored are additions.