2022 Regular Session ENROLLED
SENATE BILL NO. 72
BY SENATOR CONNICK
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.
18 B. The court shall dismiss a petition on the motion of the petitioner.
19 * * *
20 Art. 763. Motions to dismiss
21 A. All objections to the proceedings, including objections based on defects
22 in the petition and defenses capable of determination as a matter of law, may be
23 raised by motion to dismiss.
24 B. Upon a finding of grounds to dismiss the petition as provided in
25 Paragraph A of this Article, the court shall order that the petition be dismissed.
26 Art. 764. Dismissal of petition
ACT No. 176
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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 ENROLLED
1 A. For good cause, the court may dismiss a petition on its own motion, or on
2 the motion of the child, the caretaker, or the person filing the petition.
3 B. The court shall dismiss a petition on the motion of the district attorney.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.