ENROLLED
ACT No. 106
2020 Regular Session
HOUSE BILL NO. 453
BY REPRESENTATIVE HILFERTY
1 AN ACT
2 To amend and reenact Children's Code Article 910, relative to modification of dispositions;
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.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Children's Code Article 910 is hereby amended and reenacted to read as
8 follows:
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 three days prior to the hearing unless waived by the parties.
16 B. Any motion to modify for modification may be denied without a hearing.
17 C. Except as provided in Article 897.1, when the motion to modify seeks the
18 imposition of less restrictive conditions, the court may modify a judgment without
19 a contradictory hearing. Except as provided by Paragraph B of this Article, a motion
20 for modification shall be tried at a contradictory hearing unless waived by the
21 parties.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 453 ENROLLED
1 D. When the motion to modify seeks the imposition of more restrictive
2 conditions, the court shall conduct a contradictory hearing, except upon the waiver
3 of the parties.
4 E. A judgment of disposition shall not be modified to release a child from
5 the custody of a public or private mental institution or an institution for persons with
6 mental illness without three days prior notice to the district attorney and the
7 institution.
8 F.E. If a judgment of disposition is modified, a copy of the minute entry
9 reflecting the modification shall be served upon the district attorney, the child, his
10 parent, and any person, institution, or agency to whom custody of the child is
11 assigned.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.