2017 Regular Session ENROLLED
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.
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 * * *
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1 (4.1) "Diligent effort to locate" means efforts made by a curator that,
2 under the circumstances known to the curator, are reasonably calculated to
3 locate an absentee. Such efforts may include a review of court records,
4 department records, law enforcement records, vital records, military records,
5 directory assistance, internet search sites, and licensing agencies. Publication
6 shall not be required except as specifically provided in this Code.
7 * * *
8 Comments - 2017
9 The list in Article 116(4.1) is illustrative only. What constitutes a diligent
10 effort is decided on a case-by-case basis. The capacity to conduct searches on the
11 Internet has become readily available and is highly effective; thus, preference should
12 be given to internet searches, particularly in lieu of or prior to publication.
13 * * *
14 Art. 405. Court or witness fees; travel expenses
15 A. Except as otherwise provided by law, no court or witness fees shall be
16 allowed against any party to a petition, and no salaried officer of the state or of any
17 parish or municipality therein shall be entitled to receive any fee for the service or
18 for attendance in court in any such proceedings. All Except as otherwise provided
19 in R.S. 13:4521, all other persons acting under orders of the court may be paid in the
20 same manner as in the district court for services or service of process and attendance
21 or serving as witnesses, the fees provided by law for like services in cases before the
22 district court.
23 B. The court may authorize the payment of necessary travel expenses to
24 witnesses attending in response to summons and the payment of curator fees to be
25 fixed by the court. Such Travel expenses, when authorized by the court, shall be
26 paid from the general fund of the parish or other funds available to the court. Except
27 in proceedings initiated by the state, the court may authorize the payment of
28 curator expenses and fees, which, if so authorized, shall be fixed by the court
29 and paid by petitioners.
30 * * *
31 Art. 643. Service; absentee or unidentified parent; curator ad hoc
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1 * * *
2 C. If the father is unidentified, it is not necessary to appoint a curator ad
3 hoc for that parent. The father shall be considered unidentified if the biological
4 father's name is not provided on the birth certificate, there is no presumed
5 father, and no party to the proceedings or the mother, if not a party, is able to
6 provide a first and last name of a putative father or alias sufficient to provide
7 a reasonable possibility of identification and location.
8 * * *
9 Art. 1004. Petition for termination of parental rights; authorization to file
10 * * *
11 D. The department may petition for the termination of parental rights of the
12 parent of the child when any of the following apply:
13 * * *
14 (6) The child is in foster care and, despite diligent efforts by the
15 department to identify the child's father, his identity is unknown and
16 termination is authorized by Article 1015(10).
17 * * *
18 Art. 1015. Grounds
19 The grounds for termination of parental rights are:
20 * * *
21 (10) The child is in the custody of the department pursuant to a court
22 order for at least one year, unless sooner permitted by the court, and the
23 identity of the child's father remains unknown and all the following have
24 occurred:
25 (a) In the course of investigating the case and providing services to the
26 family the department has been unable to learn the identity of the father.
27 (b) No party to the proceedings or the mother, if not a party, is able to
28 provide a first and last name of a putative father or alias sufficient to provide
29 a reasonable possibility of identification and location.
30 (c) The department has obtained all of the following:
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1 (i) A certified copy of the child's birth certificate with no one indicated
2 thereon as the father of the child, or the father listed has been determined not
3 to be the biological father of the child.
4 (ii) A recent certificate from the putative father registry indicating that
5 no person is listed or registered as the child's father.
6 (iii) A recent certificate from the clerk of court in the parish in which the
7 child was born indicating that no acknowledgment with respect to this child has
8 been recorded.
9 * * *
10 Art. 1016. Right to counsel
11 A. The child and the identified parent shall each have the right to be
12 represented by separate counsel in a termination proceeding brought under this Title.
13 Neither the child nor anyone purporting to act on his behalf may be permitted to
14 waive the child's right to counsel.
15 * * *
16 Art. 1023. Service; absentee parent; unidentified father
17 * * *
18 C. If the father is unidentified, it is not necessary to appoint a curator ad
19 hoc for that parent. The father shall be considered unidentified if the biological
20 father's name is not provided on the birth certificate, there is no presumed
21 father, and no party to the proceedings or the mother, if not a party, is able to
22 provide a first and last name of a putative father or alias sufficient to provide
23 a reasonable possibility of identification and location.
24 * * *
25 Art. 1025.4. Prehearing and scheduling conference; order
26 A. At the appearance, on its own motion or on motion of counsel, the court
27 shall direct counsel for the petitioner, for the parents, and for the child to appear
28 before it for a conference to consider the following:
29 * * *
30 (2) Efforts to identify and locate an unidentified or absent parent and
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1 relatives or other individuals willing and able to offer a wholesome and stable home
2 for the child.
3 * * *
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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