2024 Regular Session ENROLLED
SENATE BILL NO. 39
BY SENATOR MIZELL (On Recommendation of the Louisiana State Law Institute)
1 AN ACT
2 To amend and reenact Children's Code Arts. 412(I), 421, the introductory paragraph of
3 617(A) and (4), the introductory paragraph of 618(A), (2), and (3), 648, 672(A)(2),
4 683(E) and (F), 718(A), 720(A), (B)(1) and (6), (C), and (D), 776(A), 781(D) and
5 (E), 895, 1004(B), (D), and (F), 1007(B), 1015.2(B), 1016(A) and (B), 1019(C),
6 1035(B), the introductory paragraph of 1036(C), the introductory paragraph of (D)
7 and (E), 1036.2(E), 1037.1(A), 1107.8(A), 1124(C), 1125(B), 1132(D), the
8 introductory paragraph of 1170(A), 1200(B)(7)(a)(iii), the introductory paragraph of
9 1223(B) and (B)(7)(a)(iii), 1264, 1267(2), 1409(T), 1428, 1436, and the introductory
10 paragraph of 1569(A), (4), and (7), and to enact Children's Code Art. 625.1, relative
11 to the continuous revision of the Children's Code; to provide for cross-references; to
12 provide for technical corrections; to provide for advising children of their rights; to
13 provide for notice to the Louisiana Department of Health; to provide for notice to
14 Mental Health Advocacy Services; to provide for the child's right to counsel; to
15 provide for the disapproval of the placement of children; to provide for the purpose
16 and motion of guardianship; and to provide for related matters.
17 Be it enacted by the Legislature of Louisiana:
18 Section 1. Children's Code Arts. 412(I), 421, the introductory paragraph of 617(A)
19 and (4), the introductory paragraph of 618(A), (2), and (3), 648, 672(A)(2), 683(E) and (F),
20 718(A), 720(A), (B)(1) and (6), (C), and (D), 776(A), 781(D) and (E), 895, 1004(B), (D),
21 and (F), 1007(B), 1015.2(B), 1016(A) and (B), 1019(C), 1035(B), the introductory paragraph
22 of 1036(C), the introductory paragraph of (D) and (E), 1036.2(E), 1037.1(A), 1107.8(A),
23 1124(C), 1125(B), 1132(D), the introductory paragraph of 1170(A), 1200(B)(7)(a)(iii), the
24 introductory paragraph of 1223(B) and (B)(7)(a)(iii), 1264, 1267(2), 1409(T), 1428, 1436,
25 and the introductory paragraph of 1569(A), (4), and (7) are hereby amended and reenacted
26 and Children's Code Art. 625.1 is hereby enacted to read as follows:
27 Art. 412. Confidentiality of records; disclosure exceptions; sanctions
ACT No. 92
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1 * * *
2 I. Any violation of the confidentiality provisions of this Article shall be
3 punishable as a constructive contempt of court pursuant to Article 1509(E) Articles
4 1507 through 1509.1.
5 * * *
6 Art. 421. Probation officers
7 A. The judge of the court shall have the authority to commission probation
8 officers, one of whom may be designated as chief probation officer or director of
9 probation.
10 B. Probation officers shall have the power and authority to make arrests,; to
11 serve notices, orders, subpoenas, and writs,; and to execute all orders and perform
12 any other duties incident to their office. Nothing herein contained in this Paragraph
13 shall be construed to relieve the sheriff from the duties as set forth in R.S. 13:5539.
14 C. Employment of such personnel probation officers by any court for its
15 exclusive service shall in no wise way be affected by or limit the court in availing
16 itself of the services of such the officers or other employees as may be provided by
17 the state.
18 * * *
19 Art. 617. Temporary restraining order
20 A. Upon good cause shown in an ex parte proceeding, the court may enter a
21 temporary restraining order, without bond, as it the court deems necessary to protect
22 from abuse or neglect the petitioner, any children, or any person alleged to be an
23 incompetent. Immediate and present danger of abuse shall constitute good cause for
24 purposes of this Article. The order may include but is not limited to the following:
25 * * *
26 (4) Prohibiting either party from transferring, encumbering, or otherwise
27 disposing of property mutually owned or leased by the parties, except when in the
28 ordinary course of business, or for the necessary support of the party or the minor
29 children.
30 * * *
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1 Art. 618. Protective orders; content; modification; service
2 A. The court may grant any protective order or approve any consent
3 agreement to bring about a cessation of abuse or neglect of a party, any minor
4 children, or any person alleged to be incompetent, which and the relief may include
5 but is not limited to:
6 * * *
7 (2) When there is a duty to support a party, any minor children, or any person
8 alleged to be incompetent living in the residence or household, ordering payment of
9 temporary support or provision of suitable housing for them.
10 (3) Awarding temporary custody of or establishing temporary visitation rights
11 and conditions with regard to any minor children or person alleged to be
12 incompetent.
13 * * *
14 Art. 625.1. Advice of rights for children
15 A. At the first hearing at which the child appears, the judge shall advise
16 any child ten years of age or older, in a developmentally appropriate manner
17 and in terms understandable to the child, that the child is a party to the
18 proceedings and has all of the following rights:
19 (1) To be represented by an independent and qualified attorney who
20 shall have duties of loyalty, confidentiality, advocacy, and competent
21 representation.
22 (2) To have notice of and attend all hearings.
23 (3) To have regular and meaningful communication with the child's
24 attorney in a way that is understandable to the child.
25 (4) To have the child's attorney present the child's case, including
26 presenting the child's wishes.
27 (5) To testify as to the child's wishes.
28 (6) To be free from discrimination based on race, religion, disability,
29 national origin, and sex.
30 (7) To be provided qualified interpretation, translation, and language
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1 assistance services.
2 (8) To be provided reasonable accommodations for any disability.
3 (9) If the child has been placed in foster care, to be provided an
4 individualized case plan, which shall provide all of the following:
5 (a) A focus on the child's health, welfare, and safety and achieving a
6 permanent placement that the child helps to develop and that is continuously
7 updated.
8 (b) A placement with siblings when consistent with the child's health,
9 welfare, and safety.
10 (c) A visitation plan that protects significant relationships with relatives
11 through continuing contact when consistent with the child's health, welfare, and
12 safety.
13 (d) If the child is fourteen years of age or older, the inclusion of a
14 transitional plan that is designed for the child, and with the child, to assist in
15 achieving a successful transition and that is continuously updated. The plan
16 shall include education, health, permanent connections, living arrangements,
17 independent living skills, and employment.
18 (10) To have the child's attorney file a written response objecting to the
19 case plan and to have the judge approve or disapprove all or part of the case
20 plan.
21 (11) If the child is fourteen years of age or older and in foster care, to the
22 rights as provided in R.S. 46:286.16, Foster Youth's Bill of Rights (FYBOR).
23 B. Written notice of the rights set forth in Paragraph A of this Article
24 shall be given to the child; the parents, foster parents, or pre-adoptive parents
25 of the child; and any relative providing care to the child.
26 Comments – 2024
27 (a) This Article is new and applies only in child in need of care proceedings.
28
29 (b) This Article is intended to ensure that the child is informed directly, and
30 all other parties indirectly, of the substantive and procedural rights of the child in a
31 child in need of care proceeding and to limit undue interference by parents, foster
32 parents, or others who may not otherwise know that children have rights. This
33 Article informs all parties that the child is not just the subject of the proceeding but
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1 is a party and a full participant.
2 * * *
3 Art. 648. Advice of rights at appearance to answer petition
4 At the appearance to answer, the court shall advise the parent and the child
5 of his their rights and responsibilities pursuant to Article Articles 625 and 625.1,
6 unless they were so advised at a previous hearing.
7 * * *
8 Art. 672. Care and treatment by department; placement; disapproval
9 A.
10 * * *
11 (2) Upon motion of the court, for good cause shown, a contradictory hearing
12 shall be held and thereafter, the presiding judge shall have the authority to
13 disapprove a placement chosen by the department if it is not in the best interest of
14 the child and shall issue a written order that the department choose a more suitable
15 placement with reasons supporting the court's decision. The court may disapprove
16 the placement of a child on its own motion or on the motion of a party for good
17 cause shown after a contradictory hearing. The party's motion shall be in
18 writing and contain particularized allegations that the placement is not in the
19 best interest of the child. The court may deny the party's motion or set a
20 contradictory hearing with notice to all parties. The hearing may be
21 consolidated with any previously scheduled hearing. If the court disapproves the
22 placement, the court shall render specific written reasons for finding that the
23 placement is not in the best interest of the child and shall order the department
24 to choose a more suitable placement.
25 * * *
26 Art. 683. Disposition; generally
27 * * *
28 E. A child shall not be committed to a public or private mental institution or
29 institution for persons with mental illness unless the court finds, based on
30 psychological or psychiatric evaluation, that the child has a mental disorder, other
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1 than an intellectual disability, which that has a substantial adverse effect on his the
2 child's ability to function and requires care and treatment in an institution. When the
3 child is in the custody of the state of Louisiana, this finding shall not be made
4 without the a contradictory hearing, notice to the Louisiana Department of
5 Health, bureau of legal services, and representation of the child by an attorney
6 appointed from the Mental Health Advocacy Service, unless such attorneys are
7 unavailable as determined by the director or the child retains private counsel, who
8 shall represent only the interest of the child. The Mental Health Advocacy Service's
9 attorney so appointed shall continue to represent the child in any proceeding relating
10 to admission, change of status, or discharge from the mental hospital or psychiatric
11 unit. Upon modification of the disposition to a placement other than a mental
12 hospital or psychiatric unit, the Mental Health Advocacy Service's attorney shall be
13 relieved of representation of the child.
14 F. A child shall not be committed to a public or private institution for persons
15 with intellectual disabilities unless the court finds, based on psychological or
16 psychiatric evaluation pursuant to R.S. 28:451.1 et seq., that the child has an
17 intellectual disability and such that the condition has a substantial adverse effect on
18 his the child's ability to function and requires care and treatment in an institution.
19 * * *
20 Art. 718. Purpose of guardianship
21 A. The purpose of guardianship is to provide a permanent placement for
22 children when neither reunification with a parent nor adoption has been found to be
23 the court has found that adoption is not in their the children's best interest and
24 the children cannot be safely reunified with their parents within a reasonable
25 time; to encourage stability and permanence in the lives of children who have been
26 adjudicated to be in need of care and have been removed from the custody of their
27 parent; and to increase the opportunities for the prompt permanent placement of
28 children, especially with relatives, without ongoing supervision by the department.
29 * * *
30 Art. 720. Motion for guardianship
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1 A. After a child has been adjudicated to be in need of care, a motion for
2 guardianship may be filed by the department, parent, counsel for the child, or, when
3 the guardian is deceased, an individual previously named as a successor guardian by
4 the guardian in a guardianship subsidy agreement with the department; or the
5 department may submit a case plan along with the case review report to the court and
6 all counsel of record recommending guardianship in accordance with Children's
7 Code Articles 674, 688, and 689.
8 B. The motion, case review report, or case plan shall include all of the
9 following:
10 (1) The name and gender of the child, and the date and place of his the
11 child's birth.
12 * * *
13 (6) A plain and concise statement of the facts on which the motion, case
14 review report, or case plan for guardianship is sought; and why neither adoption nor
15 reunification with a parent is in the best interest of the child; and why the child
16 cannot be safely reunified with the parent within a reasonable time. If a parent
17 files the motion, any statement that the child cannot be safely reunified with the
18 parent within a reasonable time shall not be deemed an admission for any
19 purpose other than satisfying the motion.
20 C. If any of the information required by Paragraph B of this Article is
21 unknown, the motion, case review report, or case plan shall state that fact. In
22 addition, if the location of either parent is unknown, the motion, case review report,
23 or case plan shall disclose efforts to locate him the parent.
24 D. Unless not yet completed, the home study, as required by Children's Code
25 Article 721, shall be attached to the motion, case review report, or case plan. If not
26 attached, the home study shall be submitted to the court as soon as it is completed.
27 * * *
28 Art. 776. Permanency planning reports
29 A. If at any point in family in need of services proceedings, a child enters the
30 custody of the state, the provisions of Chapters 13, 15, and 16 of Title VI of this
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1 Code and Article 1004.1 1004.2 shall be applicable.
2 * * *
3 Art. 781. Disposition; generally
4 * * *
5 D. A child shall not be committed to a public or private mental institution or
6 institution for persons with mental illness unless the court finds, based on
7 psychological or psychiatric evaluation, that the child has a mental disorder, other
8 than an intellectual disability, which that has a substantial adverse effect on his the
9 child's ability to function and requires care and treatment in an institution. When the
10 child is in the custody of the state of Louisiana, this finding shall not be made
11 without the a contradictory hearing, notice to the Louisiana Department of
12 Health, bureau of legal services, and representation of the child by an attorney
13 appointed from the Mental Health Advocacy Service, unless such attorneys are
14 unavailable as determined by the director or the child retains private counsel, who
15 shall represent only the interest of the child. The Mental Health Advocacy Service's
16 attorney so appointed shall continue to represent the child in any proceeding relating
17 to admission, change of status, or discharge from the mental hospital or psychiatric
18 unit. Upon modification of the disposition to a placement other than a mental
19 hospital or psychiatric unit, the Mental Health Advocacy Service's attorney shall be
20 relieved of representation of the child.
21 E. A child shall not be committed to a public or private institution for persons
22 with intellectual disabilities unless the court finds, based on psychological or
23 psychiatric evaluation pursuant to R.S. 28:451.1 et seq., that the child has an
24 intellectual disability and such that the condition has a substantial adverse effect on
25 his the child's ability to function and requires care and treatment in an institution.
26 * * *
27 Art. 895. Commitment to mental institution
28 A. In cases in which a child has been adjudicated a delinquent, the court may
29 commit him the child to a public or private mental institution or institution for
30 persons with mental illness if the court finds, based on psychological or psychiatric
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1 evaluation, that the child has a mental disorder, other than an intellectual disability,
2 which that has a substantial adverse effect on his the child's ability to function and
3 requires care and treatment in an institution.
4 B. This finding shall not be made without a contradictory hearing and
5 notice to the Louisiana Department of Health, bureau of legal services, and
6 unless the child is accorded his right to special counsel in accordance with Article
7 809(C).
8 * * *
9 Art. 1004. Petition for termination of parental rights; authorization to file
10 * * *
11 B. Counsel appointed for the child pursuant to Article 607 may petition for
12 the termination of parental rights of the parent of the child if the petition alleges a
13 ground authorized by Article 1015(5), (6), or (7) 1015(4), (5), or (6) and, although
14 eighteen months have elapsed since the date of the child's adjudication as a child in
15 need of care, no petition has been filed by the district attorney or the department.
16 * * *
17 D. The department may petition for the termination of parental rights of the
18 parent of the child when any of the following apply:
19 (1) The child has been subjected to abuse or neglect after the child is returned
20 to the parent's care and custody while under department supervision, and termination
21 is authorized by Article 1015(4)(j) 1015(3)(j).
22 (2) The parent's parental rights to one or more of the child's siblings have
23 been terminated due to neglect or abuse and prior attempts to rehabilitate the parent
24 have been unsuccessful, and termination is authorized by Article 1015(4)(k)
25 1015(3)(k).
26 (3) The child has been abandoned and termination is authorized by Article
27 1015(5) 1015(4).
28 (4) The child has been placed in the custody of the state, and termination is
29 authorized by Article 1015(6) 1015(5).
30 (5) The child is in foster care because the parent is incarcerated, and
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1 termination is authorized by Article 1015(7) 1015(6).
2 (6) The child is in foster care and, despite diligent efforts by the department
3 to identify the child's father, his the father's identity is unknown, and termination
4 is authorized by Article 1015(10) 1015(8).
5 * * *
6 F. By special appointment for a particular case, the court or the district
7 attorney may designate private counsel authorized to petition for the termination of
8 parental rights of the parent of the child on the ground of abandonment authorized
9 by Article 1015(5) 1015(4).
10 * * *
11 Art. 1007. Court records of proceedings
12 * * *
13 B. The address and parish of the petitioner and each person on whose behalf
14 the petition for termination of parental rights is filed under the provisions of Article
15 1015(3) or (9) 1015.1 may remain confidential with the court.
16 * * *
17 Art. 1015.2. Termination of parental rights; certain grounds; costs and fees
18 * * *
19 B. All court costs, attorney fees, costs of enforcement and modification
20 proceedings, costs of appeals, evaluation fees, and expert witness fees incurred in
21 filing, maintaining, or defending any proceeding under in accordance with Article
22 1015.1 shall be paid by the perpetrator of the sex offense, including all costs of
23 medical and psychological care for the sexually abused adult, parent or for the child
24 conceived as a result of the sex offense.
25 * * *
26 Art. 1016. Right to counsel
27 A.(1) The child and the each identified parent shall each have the right to be
28 represented by separate counsel in a termination proceeding brought in accordance
29 with this Title. The child shall be a party to the proceedings. Neither the child nor
30 anyone purporting to act on behalf of the child may shall be permitted to waive the
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1 child's right to counsel.
2 (2) For actions brought under Article 1015.1, the court shall have discretion
3 to decide under the circumstances for each case whether to appoint counsel for the
4 child. In no event shall the petitioner of such an action pursuant to Article 1015.1
5 or the minor child be required to interact with the respondent as a condition to pursue
6 termination under in accordance with this Article. Any counsel acting on behalf of
7 the child shall not require a petitioner to make the child available for any visitation
8 or conversation with the respondent or the respondent's family and shall not require
9 any nonoffending petitioner to take classes or provide updates on the child. A
10 petitioner shall have the right to seek an expedited suspensive appeal emergency
11 supervisory writ for any violation of this Article.
12 B. The court shall appoint the entity designated for the jurisdiction by the
13 Louisiana Supreme Court to provide qualified, independent counsel for the child in
14 such a the proceeding. Counsel for the child shall have the authority to represent
15 the child throughout the termination proceeding and any appellate review.
16 * * *
17 Art. 1019. Contents of the petition
18 * * *
19 C. The petition shall allege facts which that constitute the grounds necessary
20 for the termination of parental rights as set forth in Article 1015 or 1015.1.
21 * * *
22 Art. 1035. Burden of proof
23 * * *
24 B. The parent asserting a mental or physical disability as an affirmative
25 defense to abandonment under pursuant to Article 1015(5) 1015(4) bears the burden
26 of proof by a preponderance of the evidence.
27 Art. 1036. Proof of parental misconduct
28 * * *
29 C. Under Article 1015(6) In accordance with Article 1015(5), lack of
30 parental compliance with a case plan may be evidenced by one or more of the
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1 following:
2 * * *
3 D. Under Article 1015(6) In accordance with Article 1015(5), lack of any
4 reasonable expectation of significant improvement in the parent's conduct in the near
5 future may be evidenced by one or more of the following:
6 * * *
7 E. Under Article 1015(7) In accordance with Article 1015(6), a sentence of
8 at least five years of imprisonment raises a presumption of the parent's inability to
9 care for the child for an extended period of time, although the incarceration of a
10 parent shall not in and of itself be sufficient to deprive a parent of his parental rights.
11 * * *
12 Art. 1036.2. Incarcerated parent; duties; assessment
13 * * *
14 E. The notification form given to the incarcerated parent shall be substantially
15 as follows:
16 NOTICE OF DUTY TO PROVIDE A REASONABLE PLAN FOR THE
17 APPROPRIATE CARE OF YOUR CHILD AND TERMINATION OF
18 PARENTAL RIGHTS LAW
19 NOTICE TO PARENT: YOUR CHILD(REN),___________________________
20 HAS/HAVE BEEN PLACED IN THE CUSTODY OF THE LOUISIANA DEPARTMENT
21 OF CHILDREN AND FAMILY SERVICES BY ORDER OF THE
22 ________________________ Parish juvenile court _______________________ on
23 ______________________.
24 PLEASE BE ADVISED OF THE FOLLOWING:
25 Louisiana law provides that you may name a person who is willing and able
26 to serve as the custodian of your child(ren) and to offer a wholesome and stable
27 environment for your child(ren). Failure to furnish a reasonable plan for the
28 appropriate care of your child(ren) may result in the termination of your parental
29 rights.
30 Please refer to Louisiana Children's Code, Title X, Articles 1001 to 1043,
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1 especially Articles 1015(7) 1015(6) and 1036(E), for the details of Louisiana law
2 regarding the termination of parental rights. A copy of the law is attached to this
3 notice.
4 You are hereby notified that Louisiana law requires that you provide a
5 reasonable plan for the appropriate care of your child(ren), other than continued
6 foster care, within sixty (60) days of your receipt of this notice, which date is
7 _________________________. Your plan shall include the names, addresses,
8 cellular numbers, telephone numbers, and other contact information of every suitable
9 alternative caregiver. You may provide additional information by filling out this
10 form and mailing it in the stamped, self-addressed envelope given to you by the
11 department before ______________________. If you fail or refuse to do so, you may
12 lose all rights to your child(ren). Your plan will be examined to determine if it is
13 reasonable and appropriate. Please provide your plan in detail no later than
14 ____________________________________ to the following person:
15 NAME: ____________________________________________
16 ADDRESS: _________________________________________
17 CITY/STATE/ZIP: ___________________________________
18 TELEPHONE: ______________________________________
19 NOTE: IF YOU HAVE ANY QUESTIONS OR NEED ANY ASSISTANCE,
20 CONTACT THE ABOVE PERSON OR YOUR ATTORNEY I MMEDIATELY.
21 Copy of the law, La. Ch.C. Arts. 1001 - 1043, Attached. PLEASE READ.
22 I, ____________________________________, hereby certify that a copy of
23 this notice with La. Ch.C. Arts. 1001-1043 attached, was delivered to
24 ___________________________ on __________________________________ by
25 personal delivery at the following location _____________________________.
26 DATE:________________________________
27 ______________________________________
28 Signature of caseworker
29 I, __________________________________, have received a copy of this
30 notice, together with the attached laws (La. Ch.C. Arts. 1001-1043), and
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1 acknowledge that I understand fully that my rights may be terminated and my
2 child(ren) adopted by others if I do not provide a reasonable plan of appropriate care
3 while I am incarcerated, other than continued foster care, within sixty (60) days of
4 my receipt of this notice on _____________________.
5 ______________________________________
6 Signature of parent
7 Witness: ____________________________ Date: ______________
8 * * *
9 Art. 1037.1. Continuing contact with biological relatives
10 A. Subsequent to a termination of parental rights judgment when custody is
11 granted to the department, the court may order continuing contact between the child
12 and the parent, sibling, or other biological relative. The court may grant such an
13 order only after it makes finding findings of fact that continuing contact is in the best
14 interest of the child. The court may receive expert testimony on the issue of
15 continuing contact.
16 * * *
17 Art. 1107.8. Notice of filing of act of intent to surrender for adoption; form;
18 objection and form
19 A. The notice of filing of a mother's intent to surrender for adoption shall
20 contain the following information in substantially the following form:
21 "NOTICE OF FILING OF ACT OF INTENT TO SURRENDER
22 FOR ADOPTION
23 Be advised that on the _________ day of ______________, 20__,
24 ____________ (MOTHER'S NAME) voluntarily filed an act of intent to surrender
25 for adoption of her minor child, namely ____________, born on the ______ day of
26 ____________, 20__, in the Parish/County of _____________, State of
27 _____________.
28 OR
29 [Be advised that on the ___________ day of ____________, 20___,
30 ________________(MOTHER'S NAME) voluntarily filed an act of intent to
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1 surrender for adoption of her expected child to be born on or about
2 _______________, 20__.]
3 The act of intent to surrender for adoption names you as the father of this
4 child. The act of intent to surrender for adoption does not bind the mother to follow
5 through with plans to surrender her child for adoption. She may change her mind. Its
6 only purpose is to determine whether you will oppose plans for surrendering this
7 child for adoption.
8 You may attempt to oppose the proposed adoption of this child only by filing
9 a written objection with this court within fifteen days after you receive this notice.
10 In your objection, you must provide the court with an address where you can be
11 contacted about further proceedings, if any, regarding the child's adoption.
12 A form for your use is attached.
13 Note that this objection must be signed under oath before a notary public
14 after you have proved your identity. If the objection does not have the notary's
15 signature, it is not effective.
16 If you do file such a written objection:
17 (1) You will have the right to receive notice of any surrender for adoption
18 that the mother may hereafter sign giving up her parental rights to the child.
19 (2) You will also have the right to be given notice of any hearing scheduled
20 by the court to decide whether your parental rights should be terminated. At that
21 hearing, you must show that you are claiming or have acknowledged paternity of the
22 child and must prove that you have assumed parental responsibility for the child, that
23 you are a fit parent, and that you are willing and able to take custody of the child. At
24 that hearing, the court will decide whether your efforts have been sufficient to
25 preserve your parental rights regarding this child and to prevent the child's adoption.
26 These notices will be served upon you at the address you provide in your
27 written objection.
28 If you do not file a written, notarized objection within fifteen days from the
29 time you receive this notice, then you waive notice and service of future surrender
30 or adoption proceedings, you have no cause of action to challenge the child's
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1 adoption, and all rights you may have as the child's alleged father may be terminated
2 by order of this court and the child may be adopted if the mother does decide to sign
3 a surrender of the child for adoption.
4 These are serious consequences. You are urged to contact a lawyer to advise
5 you further."
6 * * *
7 Art. 1124. Requirement of family information
8 * * *
9 C. The form for the affidavit shall be substantially as follows:
10 STATE OF _____________________
11 PARISH/COUNTY OF ______________________________
12 AFFIDAVIT
13 BEFORE ME, the undersigned authority, personally came and appeared
14 _______________________________________
15 SURRENDERING PARENT
16 who declares that he/she has executed a true and correct Statement of Family History
17 to provide the adoptive parents of the minor child with nonidentifying medical
18 genetic information in accordance with the provisions of Louisiana Children's Code
19 Articles 1124 through 1127.
20 Affiant understands and agrees that the nonidentifying Statement of Family
21 History will be attached to the Act of Surrender and included in the sealed adoption
22 record. Affiant further understands that the Statement of Family History will be
23 given to the prospective adoptive parent(s) at the time of placement and made
24 available, upon request, to the adopted person at the age of eighteen years or older.
25 Affiant has been informed that this affidavit shall be included in the sealed
26 adoption record only and will not be given to the adoptive parents or the minor child.
27 _______________________________________
28 SIGNATURE OF SURRENDERING PARENT
29 _______________________________________
30 NAME OF SURRENDERING PARENT
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1 SWORN TO AND SUBSCRIBED BEFORE ME THIS ______ DAY OF
2 ____________, 20____.
3 ____________________________
4 NOTARY PUBLIC
5 Art. 1125. Statement of family history; contents; form
6 * * *
7 B. The Statement of Family History form shall be substantially as follows:
8 STATEMENT OF FAMILY HISTORY
9 Child's Biological MOTHER Child's Biological FATHER
10 Age
11 Height
12 Weight
13 Hair color
14 Eye color
15 Complexion
16 Body build
17 Education-last
18 grade completed/
19 degree received
20 Right/left handed
21 Occupation
22 Talents
23 Religion
24 Race
25 Ethnicity/
26 Nationality
27 Native
28 American/Tribal
29 Affiliation, if
30 applicable
31 Other
32 Yes
33
34
35
36
37
38
39
40
41
NoDiseases/conditionsIf yes,
•state relationship to child [biological
parent (mother or father), sibling (full or
half), grandparent (paternal or maternal),
great grandparent (paternal or maternal),
aunt/uncle/cousin (paternal or
maternal)];
•state specific condition;
•age of onset;
•treatment (medication, surgery, etc.); and
•outcome.
42 Cancer
43 Heart disease
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1 Stroke
2 High blood pressure
3 Diabetes
4 Kidney disease
5 Liver disease
6 Digestive disorders
7 Respiratory disorders
8
9
Blood disease (sickle
cell, hemophilia, etc.)
10
11
12
Glandular
disturbances (thyroid,
adrenal, growth, etc.)
13
14
15
16
17
Neurological &
muscular disorders
(multiple sclerosis,
muscular dystrophy,
Tay-Sachs, etc.)
18
19
20
Arthritis (juvenile,
rheumatoid, gout,
hammertoe, etc.)
21
22
Epilepsy, seizures,
convulsions
23
24
Allergies (drugs, food,
other)
25 Asthma
26
27
Vision
problems/blindness
28
29
Hearing
problems/deafness
30 Speech disorders
31 Dental
problems/braces
32
33
34
Birth defects (cleft
palate, missing digit,
club foot, etc.)
35 Curvature of spine
36 Headaches/migraines
37 Alcoholism
38 Substance abuse
39 Eating
disorders/obesity
40
41
42
Mental illness
(schizophrenia,
bipolar, depressive,
etc.)
43
44
45
46
Intellectual
disability–non-injury
(PKU, Down's Down
Syndrome, etc.)
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1
2
Learning disabilities
(ADD, ADHD, etc.)
3 Multiple births
4
5
Miscarriages,
stillbirths, neonatal
deaths
6 SIDS
7 Rh Factor
8
9
HIV ( biological
mother only)
10
11
12
Venereal disease
during pregnancy (
biological mother
only)
13 Other: specify
14 Other: specify
15 Other: specify
16 Prenatal
17 History
18 Yes
19
20
21
No If yes,
•state type;
•state amount; and
•state during what months of pregnancy.
22 Prescription
medication
23
24
Over the counter
medication
25 Alcohol
26 Tobacco
27 Other Drugs
28 Are the parents of the child biologically related to each other?Yes_____ No_____
29 If yes what is the biological relationship? ____________________
30 Has the minor child had the following immunizations?
31 YESNO YESNO
32 ( )( )Birth-2 mo. Hepatitis (Hep) B ( )( )12-15 mo. Hib, MMR # 1
33 ( )( )1 – 4 mo. Hep B ( )( )12-18 mo. Var (chickenpox)
34 ( )( )2 mo. DTaP, IPV, Hib, ( )( )15-18 mo. DTaP
35 ( )( )4 mo. DTaP, IPV, Hib, ( )( )4-6 yrs. MMR # 2, DTaP, OPV
36 ( )( )6 mo. DTaP, Hib, ( )( )11-12 yrs. MMR # 2, Var, Hep B
37 ( )( )6-18 mo. Hep B, IPV ( )( )11-16 yrs. Td (tetanus, diphtheria)
38 Has the minor child had the following illnesses?
39 YESNO YESNO
40 ( )( )Pertussis (P) (Whooping Cough)( )( )Rheumatic Fever
41 ( )( )Rubella (R) (Measles) ( )( )Tonsillitis
42 ( )( )Mumps (M) ( )( )Convulsions
43 ( )( )Chicken Pox (Var) ( )( )Asthma
44 ( )( )Rotavirus (Rv) ( )( )Polio (IPV)
45 ( )( )Scarlet Fever ( )( )Allergies, specify
46 ( )( )Diphtheria (D)________________________________
47 ( )( )Surgery, operations, specify ________________________________
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1 ( )( )Glandular Disturbances, specify _______________________________
2 Does the minor child have or has he the child had any other serious illnesses or medical
3 conditions?
4
5
6
7
8 * * *
9 Art. 1132. Notice of filing of surrender; form
10 * * *
11 D. The notice of the surrender shall be issued by the clerk and shall contain the
12 following information in substantially the following form:
13 "NOTICE OF FILING OF SURRENDER
14 Be advised that on the ___ day of ___, 20__, an authentic Act of Surrender
15 executed by ______ was filed wherein she surrendered for adoption her minor child,
16 namely _____, born on the ___ day of _____, __, in the Parish of _____, State of
17 ____.
18 The Act of Surrender alleges that you are the father of this child. You may
19 attempt to oppose the adoption of this child only by filing a written objection with
20 this court within fifteen days after you receive this notice.
21 If you file a written objection timely, the court will then hold a hearing within
22 twenty days of the filing of the opposition, to determine whether you have
23 established or forfeited your parental rights.
24 To establish your parental rights to oppose the adoption, you must acknowledge
25 that you are the father of the child or be found to be the father by court order as a
26 result of blood tests. Thereafter, you must also demonstrate to the court that you are
27 a fit parent who is willing and able to assume the legal and physical care of your
28 child. You must also demonstrate that you have made a substantial commitment to
29 your parental responsibilities by providing or attempting to provide substantial and
30 consistent support for the mother during pregnancy or after the child's birth and by
31 frequently and consistently visiting or attempting to visit the child after birth.
32 If you fail to file a written motion of opposition, or if, after a hearing on a motion
33 timely filed, the court finds that you have failed to establish your parental right to
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1 oppose the adoption, the court will order the termination of any and all parental
2 rights you may have and the child may be subject to adoption."
3 * * *
4 Art. 1170. Types of adoption
5 A. This Title sets forth the exclusive procedures for adoption of minor children
6 in Louisiana. There are three types of adoption of minor children in Louisiana:
7 * * *
8 Art. 1200. Fee disclosure; permissible reimbursement of expenses; court review;
9 report
10 * * *
11 B. Only the following services provided by the Department of Children and
12 Family Services, or payments made through a licensed adoption agency, or an
13 adoption attorney, are permissible and not a violation of R.S. 14:286:
14 * * *
15 (7)
16 * * *
17 (a) Living expenses in accordance with this Subparagraph may be paid for a
18 reasonable time before the birth of her child and for no more than forty-five days
19 after the birth and may include the following:
20 * * *
21 (iii) Food for the mother and any minor children residing in her home.
22 * * *
23 Art. 1223. Fee disclosure; permissible reimbursement of expenses; court review;
24 report
25 * * *
26 B. Only the following services provided by the Department of Children and
27 Family Services, or payment payments made through a licensed adoption agency,
28 or an adoption attorney, are permissible and not a violation of R.S. 14:286:
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1 * * *
2 (7)
3 * * *
4 (a) Living expenses in accordance with this Subparagraph may be paid for a
5 reasonable time before the birth of her child and for no more than forty-five days
6 after the birth and may include the following:
7 * * *
8 (iii) Food for the mother and any minor children residing in her home.
9 * * *
10 Art. 1264. Post-adoption visitation rights of grandparents
11 Notwithstanding any provision of law to the contrary, the natural parents of a
12 deceased parent whose child is thereafter adopted and the parents of a party who has
13 forfeited the right to object to the adoption of his the child pursuant to Article 1245
14 may have limited visitation rights to the minor adopted child so adopted.
15 * * *
16 Art. 1267. Burden of proof
17 The grandparents requesting limited visitation rights shall prove both of the
18 following:
19 * * *
20 (2) That such limited visitation rights would be in the best interests interest of
21 the minor child.
22 * * *
23 Art. 1409. Rights guaranteed
24 * * *
25 T. The institution shall prohibit the mistreatment, neglect, or abuse of any minor
26 child in any way.
27 * * *
28 Art. 1428. Notice of admission
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1 A. The director of the treatment facility shall notify the minor patient's minor's
2 nearest relative, if known, or designated responsible party, if any, in writing of the
3 minor's admission by emergency certificate as soon as reasonably possible.
4 B. Within seventy-two hours after an admission of any minor to a treatment
5 facility by emergency certificate, copies of the physician's and coroner's
6 emergency certificates shall be delivered by the facility by personal delivery,
7 email, or facsimile to the MHAS office located nearest to the treatment facility.
8 * * *
9 Art. 1436. Hearing; notice
10 A. Upon the filing of the petition, the court shall assign a time, not later than
11 eighteen calendar days thereafter, shall assign and a place for a hearing upon the
12 petition, and shall cause reasonable notice thereof to be given delivered at least ten
13 days prior to the hearing to the minor, his the minor's attorney, and the petitioner,
14 and the Louisiana Department of Health, bureau of legal services.
15 B. The notice shall inform the minor respondent that he has a of the right to be
16 present at the hearing,; that he has a the right to counsel, that he, and, if indigent or
17 otherwise qualified, has the right to have counsel appointed to represent him by from
18 the MHAS,; and that he has the right to call and cross examine cross-examine
19 witnesses testifying at any hearing on such application the petition.
20 * * *
21 Art. 1569. Temporary restraining order
22 A. Upon good cause shown in an ex parte proceeding, the court may enter a
23 temporary restraining order, without bond, as it the court deems necessary to protect
24 from abuse the petitioner, any children, or any person alleged to be an incompetent.
25 Immediate and present danger of abuse shall constitute good cause for purposes of
26 this Article. The order may include but is not limited to the following:
27 * * *
28 (4) Prohibiting either party from the transferring, encumbering, or otherwise
29 disposing of property mutually owned or leased by the parties, except when in the
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1 ordinary course of business, or for the necessary support of the party or the minor
2 children.
3 * * *
4 (7) Granting to the petitioner the exclusive care, possession, or control of any
5 pets belonging to or under the care of the petitioner or minor children residing in the
6 residence or household of either party, and directing the defendant to refrain from
7 harassing, interfering with, abusing or injuring any pet, without legal justification,
8 known to be owned, possessed, leased, kept, or held by either party or a minor child
9 residing in the residence or household of either party.
10 * * *
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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