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 146 Engrossed 2022 Regular Session Charles Owen
Abstract: Provides relative to civil proceedings authorizing a sterilization or abortion of an interdict
or person under continuing tutorship.
Present law (C.C. Art. 354) provides that certain children with intellectual disabilities or mental
deficiencies may be placed under continuing or permanent tutorship without formal or complete
interdiction.
Present law (C.C. Art. 358) provides for the authority, privileges, and duties of a tutor or undertutor
regarding a person placed under continuing tutorship.
Present law (C.C. Art. 358) provides that tutors and undertutors may give consent for any medical
treatment or procedure.
Proposed law changes present law (C.C. Art. 358) and requires the tutor to obtain court authorization
for abortion or sterilization for a person under continuing tutorship.
Present law (C.C.P. Art. 4561) provides that the court shall appoint a qualified person to serve as
curator of an interdict.
Present law (C.C.P. Art. 4566) provides for management of the affairs of an interdict. Present law
provides that a curator may not consent to an abortion or sterilization of the interdict without prior
court authorization.
Proposed law retains present law and provides for procedures to petition the court for authorization
for an interdict or person under continuing tutorship's abortion or sterilization.
Proposed law requires a curator or tutor to petition the court to allow for a procedure that is to be
performed for the primary purpose of sterilization or abortion.
Proposed law provides that the court shall appoint an independent attorney to act on behalf of the
interdict or person under continuing tutorship. The attorney shall be appointed at no cost if the
interdict or person under continuing tutorship is receiving financial assistance or is otherwise unable
to afford counsel.
Proposed law provides that notice of the petition for consent to a medical procedure for sterilization
or abortion shall be submitted to the entity designated by the state to act as the state's Protection and Advocacy agency for people with disabilities under 45 CFR 1326.20. 45 CFR 1326.20 provides that
an official must designate a state official or public or private agency to be accountable for the proper
use of funds and conduct of the Protection and Advocacy System.
Proposed law provides that the court shall hold a contradictory hearing and the physical presence of
the interdict or person under continuing tutorship is required. If the person is unable to attend safely,
the person may participate via video link.
Proposed law provides that the interdict or person under continuing tutorship shall be given the
opportunity to fully express their preferences.
Proposed law provides that the court shall issue an order authorizing the procedure after a finding
by clear and convincing evidence that the procedure is required to preserve the health and safety of
the interdict or person under continuing tutorship after consideration of the person's preference and
all relevant evidence.
Proposed law provides that the abortion petition hearing shall be expedited and a final judgment
shall be issued within 48 hours of the hearing.
Proposed law provides that proposed law shall not be construed as creating or recognizing a right
to abortion and shall not be interpreted to supersede any law prohibiting an abortion.
(Amends C.C. Art. 358; Adds C.C.P. Art. 4566.1)