SLS 22RS-203 ORIGINAL
2022 Regular Session
SENATE BILL NO. 72
BY SENATOR CONNICK
JUVENILE JUSTICE. Provides relative to the authority of juvenile courts in certain
proceedings. (8/1/22)
1 AN ACT
2 To amend and reenact Children's Code Art. 657, 658, 763, and 764, relative to juvenile court
3 proceedings; to remove the authority of the juvenile court to dismiss petitions in
4 Child in Need of Care and Families in Need of Services petitions on its own motion;
5 and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Children's Code Art. 657, 658, 763 and 764 are hereby amended and
8 reenacted to read as follows:
9 Art. 657. Motions to dismiss
10 A. All objections to the proceedings, including objections based on defects
11 in the petition and defenses capable of determination as a matter of law, may be
12 raised by a motion to dismiss.
13 B. Upon a finding of grounds to dismiss the petition as provided in
14 Paragraph A of this Article, the court shall order that the petition be dismissed.
15 Art. 658. Dismissal of petition
16 A. For good cause, the court may dismiss a petition on its own motion, or on
17 the motion of the child or the parent.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 72
SLS 22RS-203 ORIGINAL
1 B. The court shall dismiss a petition on the motion of the petitioner.
2 * * *
3 Art. 763. Motions to dismiss
4 A. All objections to the proceedings, including objections based on defects
5 in the petition and defenses capable of determination as a matter of law, may be
6 raised by motion to dismiss.
7 B. Upon a finding of grounds to dismiss the petition as provided in
8 Paragraph A of this Article, the court shall order that the petition be dismissed.
9 Art. 764. Dismissal of petition
10 A. For good cause, the court may dismiss a petition on its own motion, or on
11 the motion of the child, the caretaker, or the person filing the petition.
12 B. The court shall dismiss a petition on the motion of the district attorney.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Whitney Kauffeld.
DIGEST
SB 72 Original 2022 Regular Session Connick
Present law allows the juvenile court to dismiss proceedings on its own motion or by motion
of the child or parent in Child in Need of Care and Family in Need of Services proceedings,
and requires the juvenile court to dismiss the proceedings on motion of the petitioner.
Proposed law removes the authority of the juvenile court to dismiss a Child in Need of Care
or Family in Need of Services petition on its own motion or the motion of the parent or child
to align with Act 172 of the 2011 Regular Session, which removed the authority of the
juvenile court to dismiss a juvenile delinquency petition on its own motion or the motion of
the parent or child.
Proposed law otherwise retains present law.
Effective August 1, 2022.
(Amends Ch. C. Art. 657, 658, 763, and 764)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.