HLS 18RS-231 ENGROSSED
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 the duties of the Department of Children and
5 Family Services; to provide for the duties of judges in child custody cases; and to
6 provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Children's Code Article 672(A) is hereby amended and reenacted to read
9as follows:
10 Art. 672. Care and treatment by department
11 A.(1) Whenever custody of a child is assigned to the Department of Children
12 and Family Services, the child shall be assigned to the custody of the department
13 rather than to a particular placement setting. The department shall have sole
14 authority over the placement within its resources and sole authority over the
15 allocation of other available resources within the department for children judicially
16 committed to its custody.
17 (2) However, upon motion of the court, for good cause shown, a
18 contradictory hearing shall be held and thereafter, the presiding judge shall have the
19 authority to disapprove a placement chosen by the department if it is not in the best
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-231 ENGROSSED
HB NO. 110
1 interest of the child and shall issue a written order that the department choose a more
2 suitable placement with reasons supporting the court's decision.
3 * * *
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 Engrossed 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 changes present law and provides that the department shall have authority over
placement of children within its custody.
Proposed law adds that upon motion of the court, for good cause shown, a contradictory
hearing shall be held and thereafter, the presiding judge shall have the authority to
disapprove a placement chosen by the department if it is in the best interest of the child.
(Amends Ch.C. Art. 672(A))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Give the department the authority to determine placement of children in its
custody.
2. Add that upon motion of the court, for good cause shown, a contradictory
hearing shall be held and thereafter, the presiding judge shall have the authority
to disapprove a placement chosen by the department if it is in the best interest of
the child.
3. Make technical changes.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.