HLS 19RS-3295 ORIGINAL
2019 Regular Session
HOUSE RESOLUTION NO. 250
BY REPRESENTATIVE ABRAMSON
CRIME: Requests the Louisiana State Law Institute to study the issue of interference with
the custody of a child under certain circumstances
1 A RESOLUTION
2To urge and request the Louisiana State Law Institute to study and issue a report of its
3 findings regarding interference with the custody of a child when there is no court
4 order defining custody of a child, and the child is taken, enticed, or decoyed away
5 by a person who is not identified as a parent on the birth certificate of the child and
6 who reasonably believes himself to be a parent of the child, with intent to detain or
7 conceal such child from the sole parent identified on the birth certificate of the child.
8 WHEREAS, R.S. 14:45.1 defines the crime of interference with the custody of a
9child and prohibits any person from taking, enticing, or decoying away of a minor child by
10a parent not having a right of custody with the intent to detain or conceal the child from a
11parent having the right of custody pursuant to a court order; and
12 WHEREAS, there are situations in which a minor child is taken, enticed, or decoyed
13away by a person who is not identified on the birth certificate of the child but who
14reasonably believes himself to be a parent of the child, with the intent to detain or conceal
15such child from the sole parent identified on the birth certificate of the child; and
16 WHEREAS, in such situations, R.S. 14:45.1 does not apply because there is no court-
17ordered custody, and there is no mechanism by which law enforcement can act to return the
18child to the parent identified in the birth certificate; and
19 WHEREAS, while the sole parent identified on the birth certificate may file a
20petition to establish sole custody of the child, this process comes at an unjust cost to the
21mother, who as the natural tutrix of the child is the only person with a legal right to the child,
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HR NO. 250
1and does not allow for the prompt response of law enforcement which is necessary in such
2situations to return the child to the parent.
3 THEREFORE, BE IT RESOLVED that the House of Representatives of the
4Legislature of Louisiana does hereby urge and request the Louisiana State Law Institute to
5study the issue of interference with the custody of a child when there is no court order
6defining custody of a child, and the child is taken, enticed, or decoyed away by a person who
7is not identified as a parent on the birth certificate of the child and who reasonably believes
8himself to be a parent of the child, with intent to detain or conceal such child from the sole
9parent identified on the birth certificate of the child.
10 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall issue a
11report of its findings to the Legislature of Louisiana prior to February 1, 2020, which shall
12include an adequate remedy in such situations for the sole parent identified on the birth
13certificate of the child and that allows law enforcement to immediately take action and return
14the child to the parent.
15 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
16director of the Louisiana State Law Institute.
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)]
HR 250 Original 2019 Regular Session Abramson
Requests the La. State Law Institute to study and issue a report of its findings regarding
interference with the custody of a child when there is no court order defining custody of a
child, and the child is taken, enticed, or decoyed away by a person who is not identified as
a parent on the birth certificate of the child and who reasonably believes himself to be a
parent of the child, with intent to detain or conceal such child from the sole parent identified
on the birth certificate of the child.
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