HLS 20RS-685 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 453
BY REPRESENTATIVE HILFERTY
JUVENILE PROCEDURE: Provides relative to motions to modify disposition
1 AN ACT
2To amend and reenact Children's Code Article 910, relative to modification of disposition;
3 to provide relative to a motion to modify a disposition; to require the motion to be
4 served upon all parties; to provide relative to the circumstances under which a
5 contradictory hearing is required; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Children's Code Article 910 is hereby amended and reenacted to read as
8follows:
9 Art. 910. Modification procedure; generally applicable
10 A. Except as specially provided hereinafter in Articles 911 through 916, a
11 motion for modification may be filed by the district attorney, the child, his parents,
12 the custodian of the child, a probation officer, or the court. A motion for
13 modification shall be in writing and shall set forth in plain and concise terms the
14 facts supporting the modification. A motion for modification shall be served upon
15 all parties at least ten days prior to the hearing.
16 B. Except as provided in Paragraph C of this Article, any motion for
17 modification shall be tried contradictorily against the district attorney.
18 B.C. Any motion to modify may be denied without a hearing.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-685 ORIGINAL
HB NO. 453
1 C. Except as provided in Article 897.1, when the motion to modify seeks the
2 imposition of less restrictive conditions, the court may modify a judgment without
3 a contradictory hearing.
4 D. When the motion to modify seeks the imposition of more restrictive
5 conditions, the court shall conduct a contradictory hearing, except upon the waiver
6 of the parties.
7 E. A judgment of disposition shall not be modified to release a child from
8 the custody of a public or private mental institution or an institution for persons with
9 mental illness without three days prior notice to the district attorney and the
10 institution.
11 F.E. If a judgment of disposition is modified, a copy of the minute entry
12 reflecting the modification shall be served upon the district attorney, the child, his
13 parent, and any person, institution, or agency to whom custody of the child is
14 assigned.
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 453 Original 2020 Regular Session Hilferty
Abstract: Requires motions for modification to be served upon all parties at least 10 days
prior to the hearing and provides relative to the court's authority to modify a
disposition with or without a contradictory hearing.
Present law provides that a motion for modification may be filed by the district attorney, the
child, his parents, the custodian of the child, a probation officer, or the court.
Proposed law requires a motion for modification to be served upon all parties at least 10 days
prior to the hearing.
Present law provides that a motion to modify may be denied without a hearing and further
provides that a hearing is not required if the motion to modify seeks the imposition of less
restrictive conditions.
Proposed law retains the court's authority to deny a motion to modify without a hearing but
repeals their authority to impose less restrictive conditions without a contradictory hearing.
Present law provides that when the motion to modify seeks the imposition of more restrictive
conditions, the court shall conduct a contradictory hearing, except upon the waiver of the
parties.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-685 ORIGINAL
HB NO. 453
Proposed law removes the requirement that a contradictory hearing be held when the motion
to modify seeks to impose more restrictive conditions.
(Amends Ch.C. Art. 910)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.