HLS 18RS-231 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 110
BY REPRESENTATIVES HORTON AND STEFANSKI
CHILDREN/CUSTODY: Provides relative to the placement of children in the custody of
the Dept. of Children and Family Services
1 AN ACT
2To amend and reenact Children's Code Article 672(A), relative to the placement of children
3 in custody of the Department of Children and Family Services; to provide relative
4 to placement authority; to provide for a hearing; to provide relative to evidence; to
5 provide for factors used in determining placement; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Children's Code Article 672(A) is hereby amended and reenacted to read
8as follows:
9 Art. 672. Care and treatment by department
10 A.(1) Whenever custody of a child is assigned to the Department of Children
11 and Family Services, the child shall be assigned to the custody of the department
12 rather than to a particular placement setting. The department shall have sole
13 authority over the placement within its resources and sole authority over the
14 allocation of other available resources within the department for children judicially
15 committed to its custody upon motion of a person with standing, the court shall
16 conduct a hearing to determine the placement of the child.
17 (2) After a motion for a hearing is filed, it shall be heard within thirty days
18 of filing but may be continued with good cause for up to an additional thirty days.
19 The department shall make recommendations for the placement and may present
20 evidence in support of a preferred placement. Other potential placements may be
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-231 ORIGINAL
HB NO. 110
1 offered by the parties, and evidence in support of or against may be offered by any
2 party with standing in the proceeding. Hearsay evidence shall not be admissible.
3 (3) Those considered for placement shall not include the father or mother of
4 the child, unless the court deems they have not committed an offense against the
5 child resulting in placement of the child with the department. If the placement of the
6 child in a home not recommended by the department results in a lack of resources
7 provided by the department or state, this information may be considered by the
8 presiding judge and shall be made known to the possible placement caretaker. The
9 presiding judge shall determine placement of the child in the custody of the
10 department based on the best interest of the child.
11 * * *
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 110 Original 2018 Regular Session Horton
Abstract: Provides for a hearing with respect to the placement of a child in the custody of
the Dept. of Children and Family Services.
Present law provides that the Dept. of Children and Family Services has sole authority over
the placement of children within its custody.
Proposed law removes this provision and requires a judicial hearing to determine placement
of a child under the custody of the Dept. of Children and Family Services. Provides for
procedures and factors to be considered in determining placement. Requires the court to
determine placement of a child based on the best interest of the child.
(Amends Ch.C. Art. 672(A))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.