Current Through April 2016

Circumstances That Constitute Witnessing

Citation: Rev. Stat. § 14:35.3(I)In criminal law: When the State proves, in addition to the elements of the crime of domestic abuse battery as set forth in § 14:35.3(A), that a minor child age 13 or younger was present at the residence or any other scene at the time of the commission of the offense, additional penalties will apply, as described below.

Consequences

Citation: Rev. Stat. § 14:35.3(I); Children’s Code Art. 1570.1In criminal law: When the circumstances described above apply:

• The minimum mandatory sentence for a first or second offense shall not be suspended.
• The minimum mandatory sentence imposed for a third offense shall be 2 years without suspension of sentence.
• The minimum mandatory sentence imposed for a fourth or subsequent offense shall be 4 years without suspension of sentence.

In civil law: All court costs, attorney fees, costs of enforcement and modifications proceedings, costs of appeals, evaluation fees, and expert witness fees incurred in maintaining or defending any proceeding concerning domestic abuse assistance in accordance with the provisions of this chapter shall be paid by the perpetrator of the domestic violence, including all costs of medical and psychological care for the abused adult or for any of the children, necessitated by the domestic violence.

Current Through February 2016

Physical Abuse

Citation: Ch. Code Art. 603‘Abuse’ means any one of the following acts that seriously endanger the physical, mental, or emotional health and safety of the child:

• The infliction, attempted infliction, or, as a result of inadequate supervision, the allowance of the infliction or attempted infliction of physical or mental injury upon the child by a parent or any other person
• Exploitation or overwork of a child by a parent or any other person, including, but not limited to, commercial sexual exploitation of the child

‘Crime against the child’ means the commission or attempted commission of a crime, including homicide, battery, assault, kidnapping, criminal neglect, contributing to the delinquency or dependency of a minor, the sale of minor children, cruelty to juveniles, or human trafficking.

Neglect

Citation: Ch. Code Art. 603‘Neglect’ means the refusal or unreasonable failure of a parent or caregiver to supply the child with necessary food, clothing, shelter, care, treatment, or counseling for any injury, illness, or condition of the child, and as a result of which the child’s physical, mental, or emotional health and safety is substantially threatened or impaired. Neglect includes prenatal neglect.

‘Prenatal neglect’ means exposure to chronic or severe use of alcohol, the unlawful use of any controlled dangerous substance, or the use of a controlled dangerous substance in a manner not lawfully prescribed that results in symptoms of withdrawal in the newborn or the presence of a controlled substance or a metabolic thereof in the child’s body, blood, urine, or meconium that is not the result of medical treatment; or observable and harmful effects in the child’s physical appearance or functioning.

Sexual Abuse/Exploitation

Citation: Ch. Code Art. 603The term ‘abuse’ includes the involvement of the child in any sexual act with a parent or any other person, or the aiding or toleration by the parent, caregiver, or any other person of the child’s involvement in any of the following:

• Any sexual act with any other person
• Pornographic displays
• Any sexual activity constituting a crime under the laws of this State

‘Commercial sexual exploitation’ means involvement of the child in human trafficking or trafficking of children for sexual purposes, as prohibited by Rev. Stat. §§ 14:46.2 and 46.3, or any prostitution-related offense, as prohibited by Rev. Stat. §§ 81.1, 81.3, 82, 82.1, 82.2, 83, 83.1, 83.2, 83.3, 83.4, 84, 85, 86, 89.2, 104, 105, and 282.

‘Child pornography’ means visual depiction of a child engaged in actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals.

A ‘crime against a child’ includes rape, sexual battery, incest, carnal knowledge of a juvenile, indecent behavior with a juvenile, pornography involving juveniles, molestation of a juvenile or a person with a physical or mental disability, a crime against nature, or trafficking of children for sexual purposes.

Emotional Abuse

Citation: Ch. Code Art. 603The term ‘abuse’ includes any act that seriously endangers the mental or emotional health of the child or inflicts mental injury.

Abandonment

Citation: Ch. Code Art. 603
A ‘crime against the child’ includes criminal abandonment of a child.

Standards for Reporting

Citation: Ch. Code Art. 609
A report is required when any mandatory reporter has cause to believe that a child’s physical or mental health or welfare is endangered as a result of abuse or neglect.

Persons Responsible for the Child

Citation: Ch. Code Art. 603The term ‘caretaker’ [caregiver] means any person legally obligated to provide or secure adequate care for a child, including a parent, tutor, guardian, legal custodian, foster home parent, an employee of a public or private daycare center, operator or employee of a family daycare home, or other person providing a residence for the child.

Exceptions

Citation: Ch. Code Art. 603The inability of a parent or caregiver to provide for a child due to inadequate financial resources shall not, for that reason alone, be considered neglect.

Whenever, in lieu of medical care, a child is being provided treatment in accordance with the tenets of a well-recognized religious method of healing that has a reasonable, proven record of success, the child shall not, for that reason alone, be considered to be neglected or maltreated. Nothing in this section shall prohibit the court from ordering medical services for the child when there is substantial risk of harm to the child’s health or welfare.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Rev. Stat. § 9:362; Ch. Code Art. 1565‘Family violence’ includes, but is not limited to, physical or sexual abuse and any offense against the person, as defined in the Criminal Code of Louisiana, except negligent injuring and defamation, committed by one parent against the other parent or against any of the children. Family violence does not include reasonable acts of self-defense utilized by one parent to protect himself or herself or a child in the family from the family violence of the other parent.

‘Domestic abuse’ includes, but is not limited to, physical or sexual abuse and any offense against the person as defined in chapter 1 of title 14 of the Louisiana Revised Statutes, except negligent injury and defamation, committed by one family or household member against another.

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Rev. Stat. §§ 14:35.3; 14:2(B)‘Domestic abuse battery’ is the intentional use of force or violence committed by one household member upon the person of another household member.

Any crime of violence, as defined in Rev. Stat. § 14:2(B), against a person committed by one household member against another household member shall be designated as an act of domestic violence.

The term ‘crime of violence’ means an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon. ‘Crimes of violence’ include:

• Solicitation for murder
• Murder or manslaughter
• Battery, aggravated assault, or aggravated assault with a firearm
• Rape or sexual battery
• Intentional exposure to the AIDS virus
• Kidnapping
• Aggravated arson
• Aggravated criminal damage to property
• Burglary or armed robbery
• Assault by driveby shooting
• Aggravated crime against nature or incest
• Illegal use of weapons or dangerous instrumentalities
• Terrorism
• Stalking
• Second degree cruelty to juveniles
• Trafficking of children for sexual purposes
• Human trafficking
• Home invasion

Persons Included in the Definition

Citation: Ch. Code Art. 1565; Rev. Stat. § 14:35.3In civil law: ‘Family or household member’ means spouses, former spouses, parents and children, stepparents, stepchildren, foster parents, foster children, and any person living in the same residence with the defendant as a spouse, whether married or not, if a child or children also live in the residence, who are seeking protection under this chapter.

In criminal law: ‘Household member’ means:

• Any person of the opposite sex presently living in the same residence or living in the same residence within 5 years of the occurrence of the domestic abuse battery with the defendant as a spouse, whether married or not
• Any minor child presently living in the same residence or living in the same residence within 5 years immediately prior to the occurrence of domestic abuse battery
• Any child of the offender regardless of where the child resides

Current Through March 2015

Citation: Children’s Code art. 611

No cause of action shall exist against any:

• Person who in good faith makes a report, cooperates in any investigation arising as a result of such report, or participates in judicial proceedings authorized under the provisions of this chapter
• Caseworker who in good faith conducts an investigation, makes an investigative judgment or disposition, or releases or uses information contained in the central registry for the purpose of protecting a child

Such individuals shall have immunity from civil or criminal liability that otherwise might be incurred or imposed.

This immunity shall not be extended to:

• Any alleged principal, conspirator, or accessory to an offense involving the abuse or neglect of the child
• Any person who makes a report known to be false or with reckless disregard for the truth of the report

Current Through February 2013

Individual Responsibility to Report

Citation: Ch. Code Art. 609; 610Notwithstanding any claim of privileged communication, any mandatory reporter who has cause to believe that a child’s physical or mental health or welfare is endangered as a result of abuse or neglect or that abuse or neglect was a contributing factor in a child’s death shall submit a report.

If the initial report was made orally, it shall be followed by a written report within 5 days.

Content of Reports

Citation: Ch. Code Art. 610The report shall contain the following information, if known:

• The name, address, age, sex, and race of the child
• The nature, extent, and cause of the child’s injuries or endangered condition, including any previous known or suspected abuse of the child or the child’s siblings
• The names and addresses of the child’s parents or other caregivers
• The names and ages of all other members of the child’s household
• The name and address of the reporter
• An account of how the child came to reporter’s attention
• Any explanation of the cause of the child’s injury or condition offered by the child, the caregiver, or any other person
• The number of times the reporter has filed a report on the child or the child’s siblings
• The person or persons who are thought to have caused or contributed to the child’s condition, if known, and any person named by the child
• Any other information the reporter believes might be important or relevant

Reporting Suspicious Deaths

Citation: Ch. Code Art. 610(A), (E)Reports of abuse or neglect that were a contributing factor in a child’s death, where the abuser is believed to be a caregiver, a person who maintains an interpersonal dating or engagement relationship with the parent or caregiver, or a person living in the same residence with the parent or caregiver as a spouse whether married or not, shall be made immediately to the department through the designated State child protection reporting hotline telephone number.

The department shall report all cases of child death that involve a suspicion of abuse or neglect as a contributing factor in the child’s death to the local or State law enforcement agency, the office of the district attorney, and the coroner.

Reporting Substance-Exposed Infants

Citation: Ch. Code Art. 610(G)If a physician has cause to believe that a mother of an infant unlawfully used during pregnancy a controlled dangerous substance, the physician shall order a toxicology test upon the infant, without the consent of the infant’s parents or guardian, to determine whether there is evidence of prenatal neglect. If the test results are positive, the physician shall report the results as soon as possible. If the test results are negative, all identifying information shall be obliterated if the record is retained, unless the parent approves the inclusion of identifying information. Positive test results shall not be admissible in a criminal prosecution.

The version below, as amended by Acts 2007, No. 396, § 1, shall not become effective unless and until sufficient funds are appropriated by the legislature for such purposes.

If a physician has cause to believe that a newborn was exposed in utero to an unlawfully used controlled dangerous substance, the physician shall order a toxicology test upon the newborn, without the consent of the newborn’s parents or guardian, to determine whether there is evidence of prenatal neglect. If the test results are positive, the physician shall issue a report, as soon as possible, in accordance with this Article. If the test results are negative, all identifying information shall be obliterated if the record is retained, unless the parent approves the inclusion of identifying information. Positive test results shall not be admissible in a criminal prosecution.

If there are symptoms of withdrawal in the newborn or other observable and harmful effects in his or her physical appearance or functioning that a physician has cause to believe are due to the chronic or severe use of alcohol by the mother during pregnancy, the physician shall issue a report in accordance with this article.

Agency Receiving the Reports

Citation: Ch. Code Art. 610Reports of child abuse or neglect in which the abuser is believed to be a parent or caregiver, a person who maintains an interpersonal dating or engagement relationship with the parent or caregiver, or a person living in the same residence with the parent or caregiver as a spouse, whether married or not, shall be made immediately to the department through the designated State child protection reporting hotline telephone number.

Reports in which the abuse or neglect is believed to be perpetrated by someone other than a caregiver, and the caregiver is not believed to have any responsibility for the abuse or neglect, shall be made immediately to a local or State law enforcement agency. Dual reporting to both the department through the designated State child protection reporting hotline telephone number and the local or State law enforcement agency is permitted.

Any commercial film processor who has knowledge of any film, photograph, videotape, negative, or slide depicting a child under age 17 in an activity that constitutes child pornography shall report immediately to the local law enforcement agency. The reporter shall provide a copy of the film, photograph, videotape, negative, or slide to the agency receiving the report.

Initial Screening Decisions

Citation: Ch. Code Art. 612; Admin. Code Tit. 67, § 1301Upon receiving a report of abuse or neglect of a child who is not in the custody of the State, the local child protection unit of the department shall promptly assign a level of risk to the child based on the information provided by the reporter.

The Department of Children and Family Services shall set priorities for case response and allocate staff resources to cases identified by reporters as presenting immediate substantial risk of harm to children.

In regulation: Reports will be assigned for investigation when the circumstances of the report indicate the reporter has cause to believe:

• That substantial risk of harm to the child is present and the child’s physical, mental, or emotional health is seriously endangered as a result
• That abuse or neglect already has occurred

Reports of abuse and/or neglect that provide first-hand information of an injury, or of evidence of an injury to a child, such as personal observation of photograph, names of witnesses, medical reports, or police reports, which cause a reporter to believe that a child has been injured or is at substantial risk of injury through the action or inaction of the child’s caregiver will be investigated.

Agency Conducting the Assessment/Investigation

Citation: Ch. C. Art. 610All reports made to any law enforcement agency involving abuse or neglect in which the child’s parent or caregiver, a person who maintains an interpersonal dating or engagement relationship with the parent or caregiver, or a person living in the same residence with the parent or caregiver as a spouse, whether married or not, is believed responsible shall be promptly communicated to the department in accordance with a written working agreement developed between the local law enforcement agency and child protection unit.

The department shall promptly communicate abuse or neglect cases not involving a parent, caregiver, or occupant of the household to the appropriate law enforcement agency.

Reports involving a felony-grade crime against a child shall be promptly communicated to the appropriate law enforcement authorities as part of the interagency protocols for multidisciplinary investigations of child abuse and neglect.

Assessment/Investigation Procedures

Citation: Ch. Code Art. 612The investigation shall include a preliminary investigation as to the nature, extent, and cause of the abuse or neglect and the identity of the person actually responsible for the child’s condition. This preliminary investigation shall include an interview with the child and his or her parents or other caregiver. The preliminary investigation also shall include an immediate assessment of any existing visitation or custody order or agreement involving the alleged perpetrator and the child.

In lieu of an investigation, reports of low levels of risk may be assessed promptly through interviews with the family to identify needs and available match to community resources. If, during this assessment, it is determined that a child is at immediate substantial risk of harm, the local child protection unit shall promptly conduct or participate in an intensive investigation.

All interviews of the child or his parents conducted in the course of a child protective investigation shall be tape-recorded, if requested by the parent or parents.

Upon determination that there is reason to believe that the child has been abused or neglected, the local child protection unit shall conduct a more intensive investigation.

Timeframes for Completing Investigations

Citation: Ch. Code Art. 612; Admin. Code Tit. 67, § 1301Reports of high and intermediate levels of risk shall be investigated promptly.

In regulation: Reports classified as presenting low risk of immediate substantial harm will be assigned a response time of 24 hours up to 5 calendar days from the date the report was received.

Classification of Reports

Citation: Ch. Code Art. 615After investigation, the local child protection unit shall make one of the following determinations:

• The child appears to be a child in need of care and immediate removal is necessary for his or her protection from further abuse or neglect.
• The report appears to be justified in that there is evidence of child abuse or neglect, and:
  • A protective order would eliminate the need for removal of the child in order to protect him or her from further abuse, in which case it may apply for a temporary restraining order or protective order.
  • All pertinent information shall be reported to the district attorney as soon as possible, but in no case more than 30 days after the determination is made.
• The report is inconclusive in that the evidence tends to support a finding of abuse or neglect, but there is not enough information to confirm a justified report.
• The report does not appear justified as the evidence does not support a finding of child abuse or neglect.
• The investigation indicates the report appears to be false and that the reporter knowingly made a false report, in which case all pertinent information shall be forwarded to the district attorney for a determination of whether the evidence supports a finding of a false public report.

Current Through April 2015

Citation: Rev. Stat. § 14:93Cruelty to juveniles is:

• The intentional or criminally negligent exposure by anyone age 17 or older of any child under age 17 to a clandestine laboratory operation , as defined by Rev. Stat. § 40:983, in a situation where it is foreseeable that the child may be physically harmed
• The intentional or criminally negligent allowing of any child under age 17 by any person over age 17 to be present during the manufacturing, distribution, or purchasing or attempted manufacturing, distribution, or purchasing of a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Law

Lack of knowledge of the child’s age shall not be a defense. Whoever commits the crime of cruelty to juveniles shall be fined not more than $1,000 or imprisoned with or without hard labor for not more than 10 years, or both.

Citation: Ch. Code Art. 610(G)If a physician has cause to believe that a mother of an infant unlawfully used a controlled dangerous substance during pregnancy, the physician shall order a toxicology test upon the infant, without the consent of the infant’s parents or guardian, to determine whether there is evidence of prenatal neglect. If the test results are positive, the physician shall report the results as soon as possible. If the test results are negative, all identifying information shall be obliterated if the record is retained, unless the parent approves the inclusion of identifying information. Positive test results shall not be admissible in a criminal prosecution.

The version below, as amended by Acts 2007, No. 396, § 1, shall not become effective unless and until sufficient funds are appropriated by the legislature for such purposes.

If a physician has cause to believe that a newborn was exposed in utero to an unlawfully used controlled dangerous substance, the physician shall order a toxicology test upon the newborn, without the consent of the newborn’s parents or guardian, to determine whether there is evidence of prenatal neglect. If the test results are positive, the physician shall issue a report as soon as possible, in accordance with this Article. If the test results are negative, all identifying information shall be obliterated if the record is retained, unless the parent approves the inclusion of identifying information. Positive test results shall not be admissible in a criminal prosecution.

If there are symptoms of withdrawal in the newborn or other observable and harmful effects in his or her physical appearance or functioning that a physician has cause to believe are due to the chronic or severe use of alcohol by the mother during pregnancy, the physician shall issue a report in accordance with this Article.

Citation: Ch. Code Art. 603(24)‘Prenatal neglect’ means the unlawful use of a controlled dangerous substance, as defined by Rev. Stat. § 40:961, et seq., by a mother during pregnancy, that results in symptoms of withdrawal in the infant or the presence of a controlled substance in the infant’s body.

The version below, as amended by Acts 2007, No. 396, § 1, shall not become effective unless and until sufficient funds are appropriated by the legislature for such purposes.

‘Prenatal neglect’ means exposure to chronic or severe use of alcohol or the unlawful use of any controlled dangerous substance, as defined by Rev. Stat. § 40:961, et seq., or in a manner not lawfully prescribed, that results in symptoms of withdrawal in the newborn or the presence of a controlled substance or a metabolic thereof in his or her body, blood, urine, or meconium that is not the result of medical treatment, or observable and harmful effects in his or her physical appearance or functioning.

Current Through August 2014

Making The Appointment

Citation: Children’s Code Art. 607; 424.1The court shall appoint the program designated for the jurisdiction by the Louisiana Supreme Court to provide qualified, independent counsel for the child at the time the order setting the first court hearing is signed. Neither the child nor anyone purporting to act on his or her behalf may be permitted to waive this right.

The court is authorized in child in need of care proceedings to appoint a court-appointed special advocate (CASA) program to assist the court in fulfilling its duties and responsibilities to children brought into court.

Upon appointment, the CASA program shall designate the individual CASA volunteer for assignment to the child. The CASA volunteer shall have as his or her special duty and responsibility the advocacy of the best interests of the child involved in the juvenile proceeding to which he or she is assigned.

The Use of Court-Appointed Special Advocates (CASAs)

Citation: Children’s Code Art. 424.2; 424.1To accomplish the assignment of a CASA volunteer, the court shall issue an order of assignment that shall grant the CASA volunteer the authority to review all relevant documents pursuant to Article 424.6 and to interview all parties and witnesses involved in the proceeding in which he or she is appointed.

Except as otherwise ordered by the court, the appointment of a CASA program for a child shall include subsequent proceedings through permanent placement of the child, including families in need of services or delinquency proceedings.

Qualifications/Training

Citation: Children’s Code Art. 116; 424.1; La. Sup. Ct. Rule XXXIIIA CASA program is established in compliance with National CASA Association standards. A CASA volunteer has been trained in accordance with National CASA Association standards and is under the supervision of a CASA program.

The judge of the court will first satisfy himself or herself of the volunteer’s qualifications, training, and ability to serve as a CASA volunteer, including his or her ability to represent and advocate the best interests of children assigned to him or her. No volunteer shall be assigned until a comprehensive criminal background check has been conducted.

All CASA volunteers shall:

• Be sworn in by a judge of the court
• Swear or affirm to abide by all laws, regulations, and orders of the court
• Swear or affirm to advocate what he or she perceives to be in the best interests of the child for whom he or she is assigned in all matters pending before the court

In court rules: Prior to appointment as counsel for children in child abuse and neglect proceedings, an attorney shall have the following qualifications:

• The attorney shall have completed within the past 2 years a minimum of 8 hours of training or education relevant to child abuse and neglect cases, and/or shall have sufficient knowledge to satisfy the court of the attorney’s qualifications.
• The attorney shall complete a minimum of 6 hours of approved continuing legal education each calendar year, and shall submit to the Supreme Court documentation of compliance no later than January 31 of the following calendar year.
• The requisite education shall include relevant law and jurisprudence, child development, child abuse and neglect, and the roles, responsibilities, and duties of independent counsel for children, including the Standards for Representation of Children.

Specific Duties

Citation: Children’s Code Art. 607; 424; 424.3; 424.4; 424.6; La. Sup. Ct. Rule XXXIIIThe child shall be a party to the proceedings, and the attorney for the child shall have the authority to represent the child at all stages of the proceedings. The attorney for the child shall have the authority to take actions, including, but not limited to the following:

• Accompany the child and be present for all court appearances, school hearings, and other meetings related to the child
• View and copy the child’s medical, dental, psychological, psychiatric, educational, or counseling records

The purpose of the CASA is to advocate for timely placement of children in permanent, safe, and stable homes.Under the supervision of the CASA program, it shall be the duty of a CASA volunteer to:

• Provide independent, factual information to the court regarding the children and cases to which they are assigned
• Advocate on behalf of the children involved in the cases to which they are assigned what they perceive to be in the best interests of the children
• Monitor proceedings in cases to which they have been assigned and advise and assist the court in its determination of the best interests of the children involved

Regarding any case to which he or she has been assigned, the CASA volunteer:

• Shall be notified by the court of all court proceedings and hearings of any kind pertaining to the child
• Shall be notified by the department of all administrative review hearings
• Shall be entitled to attend all court proceedings and hearings of any kind pertaining to the child
• May be called as a witness in the proceedings by any party or by the court and may request of the court the opportunity to appear as a witness
• Shall be given access to all portions of the court record relating to proceedings pertaining to the child and the child’s family

In court rules: Counsel for a child should:

• Obtain copies of all pleadings and notices
• Participate in discovery, negotiations, conferences, and hearings
• Inform other parties and counsel of the attorney’s representation and expectation of reasonable notice of any conferences and hearings and of any changes in circumstances affecting the child and the child’s family
• Avoid creating and attempt to reduce delays in the proceedings and advocate for timely permanence for the child
• Advise the child about the case, the child’s rights, the court system, the proceedings, counsel’s role, expectations of the legal process, the risks and benefits of possible courses of action, and other relief
• Determine the client’s desires and preferences in a developmentally appropriate and culturally sensitive manner
• Advocate for the desires and expressed preferences of the child and follow the child’s direction throughout the case in a developmentally appropriate manner
• Develop a theory and strategy for hearings
• Identify appropriate resources for the child

How the Representative Is Compensated

Citation: Children’s Code Art. 607; 424.1If the court finds that the parents of the child are financially able, it may order the parents to pay some or all of the costs of the child’s representation by independent counsel.

CASA volunteers serve without compensation and at the pleasure of the court exercising juvenile jurisdiction.

OUR COURSE TEACHES YOU HOW TO FILE A MOTION  IN CPS JUVENILE COURT

Current Through April 2014

When Case Plans Are Required

Citation: Children’s Code Art. 673; Admin. Code Tit. 67, § 3701A case plan shall be developed within 60 days after a child enters the custody of a child care agency.

In regulation: Effective April, 1991, a case permanency plan shall be filed with the court when a child enters into custody of the Department of Social Services or into foster care, pursuant to or pending a child in need of care proceeding. The case permanency plan shall be filed no later than 60 days after the child comes into care.

Who May Participate in the Case Planning Process

Citation: Children’s Code Art. 673; 676The custodian shall develop a case plan detailing the custodian’s efforts toward achieving a permanent placement for the child. The health and safety of the child shall be the paramount concern in the development of the case plan.

Any party may file a written response to the case plan as submitted.

Contents of a Case Plan

Children’s Code Art. 675The case plan shall be designed to achieve placement in the least restrictive, most familylike, and most appropriate setting available, and in close proximity to the parents’ homes, consistent with the best interests and special needs of the child. The health and safety of the child shall be the paramount concern in the development of the case plan.

The case plan shall include at least the following:

• A description of the type of home or institution in which the child is placed, including a discussion of the child’s health and safety, the appropriateness of the placement, and the reasons why the placement, if a substantial distance from the home of the parents or in a different State, is in the best interests of the child
• A plan for ensuring that the child receives safe and proper care and that services are provided to the parents, child, and foster parents in order to improve the conditions in the parents’ home, facilitate the safe return of the child to his own home or other permanent placement of the child, or both, and address the needs of the child while in foster care, including a plan for visitation
• A discussion of the appropriateness of the services that have been provided to the child
• If the child has been committed to the custody of a person other than the parents, a recommendation as to an amount the parents are obligated to contribute for the cost of care and treatment of their child
• For a child age 15 or older, a written, individualized, and thorough transitional plan, developed in collaboration with the child and any agency, department, or individual assuming his or her custody, care, or responsibility, including:
  • Identifying the programs and services that will be used to assist the child in achieving a successful transition, including but not limited to education, health, permanent connections, living arrangements, and, if appropriate, independent living skills and employment
  • Ensuring that all records in department files relevant to securing needed services for the child are immediately transmitted to the appropriate service provider
• Documentation of the efforts the agency is making to safely return the child home or to finalize the child’s placement in an alternative safe and permanent home in accordance with the child’s permanent plan
• Assessment of the child’s relationships with his or her parents, grandparents, and siblings, including a plan for ensuring that continuing contact with any relative by blood, adoption, or affinity with whom the child has an established and significant relationship is preserved while the child is in foster care
• Documentation of the compelling reasons for determining that filing a petition for termination of parental rights would not be in the best interests of the child, when appropriate

For children whose permanent plan is adoption or placement in another permanent home, the documentation shall include child-specific recruitment efforts such as the use of State, regional, and national adoption exchanges, including electronic exchange systems, to facilitate orderly and timely in-State and interstate placements.

For children whose permanent plan is guardianship, the documentation shall include the facts and circumstances supporting guardianship, including the reasons that the plan is in the best interests of the child and that reunification with a parent and adoption are not appropriate permanent plans. The documentation shall also address the suitability and commitment of the proposed guardian to offer a wholesome, stable home for the child throughout minority.

Current Through January 2016

Schedule of Hearings

Citation: Ch. Code Art. 692; 702A case review hearing shall be held:

• Within 3 months of the disposition hearing if the child was removed from the home prior to the hearing
• Within 6 months of the removal of the child
• Every 6 months thereafter until the child is permanently placed

A permanency hearing shall be held:

• Within 30 days of a finding that reunification is not required
• Within 9 months of the disposition hearing if the child was removed from the home prior to the hearing, but in no case more than 12 months after the removal of the child
• Every 12 months thereafter until the child is permanently placed

Persons Entitled to Attend Hearings

Citation: Ch. Code Art. 698; 708The following persons may be present at either a case review or permanency hearing:

• All parties
• Foster parents
• Adoptive parents
• Relatives providing care for the child
• Authorized officers of the court as designated by the judge
• Agency representatives as designated by the State
• The court-appointed special advocate volunteer
• The witness under examination

Determinations Made at Hearings

Citation: Ch. Code Art. 690; 702The case review shall address the following:

• The continuing necessity and appropriateness of the placement
• The extent of compliance with the case plan
• Extent of progress toward correcting the circumstances necessitating placement in foster care
• A likely date by which the child may be returned to the home or placed for adoption or guardianship
• Whether the Department of Social Services has made reasonable efforts to reunify the family or to finalize the child’s placement

At the permanency hearing, the court shall determine:

• Whether the department has made reasonable efforts to reunify the parent and child or to finalize the child’s placement in an alternative safe and permanent home in accordance with the child’s permanent plan
• If a child is in an out-of-State placement, whether the placement is safe, appropriate, and in the best interests of the child
• When reunification is determined to be the permanent plan for the child, whether parents understand that it is their obligation to achieve the case plan goals and correct the conditions that require the child to be in care within the time period specified by the court

In the case of a child age 14 or older, the hearing shall include a review of the transitional plan developed with the child and the agency in accordance with Article 675(B)(6). In any permanency hearing for a child whose permanent plan is placement in the least restrictive, most family-like alternative permanent living arrangement, the court or administrative body conducting the hearing shall ask the child about his or her desired permanency outcome.

Permanency Options

Citation: Ch. Code Art. 702The court shall determine the permanent plan for the child that is most appropriate and in the best interests of the child in accordance with the following priorities of placement:

• Return the child to the legal custody of the parents within a specified time period consistent with the child’s age and need for a safe and permanent home
• Adoption
• Placement with a legal guardian
• Placement in the legal custody of a relative who is willing and able to offer a safe, wholesome, and stable home for the child
• Placement in the least restrictive, most family-like alternative permanent living arrangement:
  • The department shall document in the child’s case plan and its report to the court the compelling reason for recommending this plan over the preceding higher-priority alternatives.
  • This permanent plan option may be considered only if the child is age 16 or older.

Current Through March 2016

Citation: Children’s Code Art. 601The purpose of this title is to protect children whose physical or mental health and welfare is substantially at risk of harm by physical abuse, neglect, or exploitation and who may be further threatened by the conduct of others, by providing for the reporting of suspected cases of abuse, exploitation, or neglect of children; by providing for the investigation of such complaints; and by providing, if necessary, for the resolution of child in need of care proceedings in the courts. The proceedings shall be conducted expeditiously to avoid delays in achieving permanency for children. This title is intended to provide the greatest possible protection as promptly as possible for such children. The health, safety, and best interests of the child shall be the paramount concern in all proceedings under this title. This title shall be administered and interpreted to avoid unnecessary interference with family privacy and trauma to the child, and yet, at the same time, authorize the protective and preventive intervention needed for the health, safety, and well-being of children.

Citation: Children’s Code Art. 675(A)The case plan shall be designed to achieve placement in the least restrictive, most family-like, and most appropriate setting available, in close proximity to the parents’ homes, consistent with the best interests and special needs of the child. The health and safety of the child shall be the paramount concern in the development of the case plan.

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Children’s Code art. 1015The grounds for termination of parental rights are:

• Conviction of murder of the child’s other parent
• Unjustified intentional killing of the child’s other parent
• Misconduct of the parent toward the child, another child of the parent, or any child that constitutes extreme abuse, cruel and inhuman treatment, or grossly negligent behavior below a reasonable standard of human decency, including conviction, commission, aiding or abetting, attempting, conspiring, or soliciting to commit any of the following:
  • Murder or unjustified intentional killing
  • Aggravated incest, rape, sodomy, or sexual abuse
  • Torture or starvation
  • A felony that has resulted in serious bodily injury
  • Abuse or neglect that is chronic, life threatening, or results in gravely disabling physical or psychological injury or disfigurement
• Abuse or neglect after the child is returned to the parent’s care when the child had previously been removed for his or her safety
• Previous termination of the parent’s parental rights to one or more of the child’s siblings due to neglect or abuse coupled with unsuccessful attempts to rehabilitate the parent
• Sexual exploitation or abuse
• Human trafficking when sentenced pursuant to Rev. Stat. § 14:46.2(B)(2) or (3)
• Abandonment of the child by placing him in the physical custody of a nonparent or the department or by otherwise leaving the child under circumstances demonstrating an intention to permanently avoid parental responsibility by any of the following:
  • For a period of at least 4 months, despite a diligent search, the whereabouts of the child’s parent continue to be unknown.
  • As of the time the petition is filed, the parent has failed to provide significant contributions to the child’s care and support for any period of 6 consecutive months.
  • As of the time the petition is filed, the parent has failed to maintain significant contact with the child by visiting him or her or communicating with him or her for any period of 6 consecutive months.
• Failure of the parent to substantially comply with a case plan for 1 year or more and no reasonable expectation of significant improvement in the parent’s condition or conduct in the near future
• Incarceration of the parent for an extended period of time, and despite notice by the department, the parent has refused or failed to provide a reasonable plan for the appropriate care of the child other than foster care
• The relinquishment of an infant pursuant to Chapter 13 of Title XI
• The commission of a felony rape by the natural parent that resulted in the conception of the child

Circumstances That Are Exceptions to Termination of Parental Rights

This issue is not addressed in the statutes reviewed.

Circumstances Allowing Reinstatement of Parental Rights

Citation: Children’s Code art. 1051; 1052; 1053If a child is in foster care and older than age 15, the child’s counsel or the department may file a motion to restore the parental rights or parental contact with a parent whose rights have been terminated.

The department shall make a diligent effort to locate a parent whose rights may be restored and notify him or her of the effects of the restoration, including the obligation to pay child support. Within 45 days after the date the motion is filed, the department shall submit a confidential report to the court that shall include the following:

• Changes in the parent’s circumstances
• Reasons why parental rights were terminated
• The willingness of the parent to resume contact with the child and to have parental rights restored
• The willingness of the child to resume contact with the parent and to have parental rights restored
• The ability and willingness of the parent to be involved in the life of the child and to accept the physical custody of the child
• Other relevant information

At the hearing, the court may, in the best interests of the child, order one of the following:

• Allow contact between the parent and child, and if so, under what conditions
• Restore the parental rights of the parent
• Place the child in the custody of the parent with or without continuing supervision of the department

If the department, counsel for the child, CASA volunteer, and the parent stipulate that restoration of parental rights or parental contact is in the best interests of the child, the court may, after reviewing the report of the department, enter a judgment to that effect without a hearing.

The restoration of parental rights and placement of the child in the custody of the parent without supervision by the department is considered a permanent placement. Any other disposition by the court shall be made part of the case plan.

Current Through February 2013

Infant’s Age

Citation: Ch. Code Art. 1150

An infant may be relinquished. The term ‘infant’ means a child not previously subjected to abuse or neglect, who is not more than 30 days old as determined within a reasonable degree of medical certainty by an examining physician.

Who May Relinquish the Infant

Citation: Ch. Code Art. 1150; 1151

The terms ‘relinquish’ or ‘relinquishment’ of an infant mean to give possession or control of the infant by a parent to another with the settled intent to forego all parental responsibilities.

If a parent wishes to relinquish his or her infant, he or she may leave the infant in the care of any employee of a designated emergency care facility. If the parent is unable to travel to such a facility, he or she may call 911, and a law enforcement officer or emergency medical service provider shall immediately be dispatched to meet the parent and transport the child to a hospital.

Who May Receive the Infant

Citation: Ch. Code Art. 1150

The infant may be delivered to a designated emergency care facility, including any:

• Hospital
• Public health unit
• Emergency medical service provider
• Medical clinic
• Police station
• Fire station
• Pregnancy crisis center
• Child advocacy center

Responsibilities of the Safe Haven Provider

Citation: Ch. Code Art. 1152

Every designated emergency care facility shall appoint as its representative one or more employees on duty during regular business hours who is knowledgeable about the requirements of this chapter. In addition, at other times each facility shall designate a representative who can be reached by emergency telephone service.

The Department of Children and Family Services shall create a card that will be supplied to designated emergency care facilities. The card shall be given to the individual relinquishing an infant into the care of a designated emergency care facility. The card shall contain a toll-free number to the department and a section on the card for the designated emergency care facility to provide their address and contact information.

In the event that the relinquishing parent makes contact with the department or the designated emergency care facility, the relinquishing parent shall be asked to voluntarily provide information about any prenatal care and the name of the other parent. The representative shall provide to the parent written information about:

• How to contact the department should the parent later have questions about the relinquishment or the voluntary medical and genetic history information
• The availability of counseling services
• The right of the parent to file a claim and be heard in accordance with articles 1156 and 1157
• The right of the parent to use the services of the voluntary registry in accordance with chapter 15 of title XII

In the event that an infant is relinquished to a designated emergency care facility other than a hospital, the staff of the facility shall immediately transfer the child to a hospital. The representative shall immediately notify the department of the relinquishment.

Immunity for the Provider

Citation: Ch. Code Art. 1152

Absent evidence of willful or intentional misconduct or gross negligence in carrying out their responsibilities, the representative and other staff of the designated emergency facility shall be immune from civil and criminal liability in any legal action arising from the examination, testing, care, and treatment of the infant.

Protection for Relinquishing Parent

Citation: Ch. Code Art. 1151

Relinquishment in accordance with this law is not a criminal act of neglect, abandonment, cruelty, or crime against the child.

Effect on Parental Rights

Citation: Ch. Code Art. 1154; 1156; 1157; 1158

The department shall take physical custody of the infant within 12 hours of notice that the infant is ready to be discharged from the hospital. The department shall exercise due diligence in attempting to identify and locate any nonrelinquishing parent, including but not limited to performing a missing children search.

Within 30 days after the relinquishment, the parent may seek to reclaim parental rights by filing a motion declaring his or her intention to retain his or her parental rights. The court shall order blood or tissue testing and shall also order the department to immediately conduct a home study of any parent seeking to reclaim his or her rights. A relinquishing parent may reclaim parental rights by proving by clear and convincing evidence that:

• He or she is the parent of the child.
• Setting aside the relinquishment and permitting the parent to reclaim the child is in the child’s best interests.

If the court finds that the relinquishment should be set aside and that the parent may reclaim his or her parental rights, then the parent shall also prove that he or she has manifested a substantial commitment to his or her parental responsibilities and is a fit parent of the child. If the court finds that the parent has established parental rights, it may also order the parent to reimburse all or part of the medical expenses incurred for the infant in connection with his or her birth and care.

If a relinquishing parent has not made a timely claim to the child and if no timely claim has been made by a nonrelinquishing father, the court shall, within 45 days after the relinquishment, terminate the rights of the parents.

No action to annul a judgment terminating parental rights shall be brought for any reason after 90 days from its signing or after a decree of adoption has been entered, whichever is earlier.

Current Through December 2014

Definitions

Citation: Ch. Code Art. 116The term ‘guardianship’ means the judicial placement of a child under the care of a guardian who will have the duty and authority to make decisions in matters having a permanent effect on the life and development of the child, as set forth in article 719.

Purpose of Guardianship

Citation: Ch. Code Art. 718The purpose of guardianship is to provide a permanent placement for children when neither reunification with a parent nor adoption has been found to be in their best interests; to encourage stability and permanence in the lives of children who have been adjudicated to be in need of care and have been removed from the custody of their parent; and to increase the opportunities for the prompt permanent placement of children, especially with relatives, without ongoing supervision by the department.

This chapter is intended to ensure that the fundamental needs of children are met and the constitutional rights of all parties are recognized and enforced.

A Guardian’s Rights and Responsibilities

Citation: Ch. Code Art. 719Unless the court specifies otherwise, a guardian shall exercise the rights and responsibilities of legal custody and shall have the authority to consent to the child’s marriage, to consent to his or her enlistment in the armed forces of the United States, and to make other decisions concerning the child, except the right to consent to the child’s adoption.

Qualifying the Guardian

Citation: Ch. Code Art. 721The Department of Children and Family Services shall submit to the court a confidential report of its investigation and evaluation of the home of the proposed guardian. The report shall include all of the following:

• The moral and financial fitness of the proposed guardian
• The conditions of the home of the proposed guardian with respect to health, adjustment, and other advantages or disadvantages for the child
• The physical and mental condition of the child and his or her reaction to the proposed guardianship
• The plan for the child if the proposed guardian becomes incapable of providing care

Procedures for Establishing Guardianship

Citation: Ch. Code Art. 720; 722After a child has been adjudicated to be in need of care, a motion for guardianship may be filed by the department, parent, or counsel for the child; or the department may submit a case plan along with the case review report to the court and all counsel recommending guardianship.

The motion, case review report, or case plan shall include all of the following:

• The name and gender of the child, and the date and place of his or her birth
• A description of the mental and physical health of the child
• The current placement of the child and when it began
• The name and address of the proposed guardian and any relationship to the child
• The name and address of the parents of the child
• A plain and concise statement of the facts on which the motion, case review report, or case plan for guardianship is sought and why neither adoption nor reunification with a parent is in the best interests of the child

Unless not yet completed, the home study shall be attached to the motion, case review report, or case plan. If not attached, the home study shall be submitted to the court as soon as it is completed.

The petitioner shall have the burden of proving all of the following by clear and convincing evidence:

• The child has been adjudicated to be in need of care.
• Neither adoption nor reunification with a parent is in the best interests of the child.
• The child has resided for at least 6 months with the proposed guardian, unless the court waives the residence requirement for good cause.
• The proposed guardian is able to provide a safe, stable, and wholesome home for the child for the duration of minority.

If the child is age 12 or older, the court shall solicit and consider his or her wishes in the matter.

The court shall hold a hearing before approving a guardianship and shall, at the conclusion of the hearing, enter a written order that includes the findings upon which the order is based.

Contents of a Guardianship Order

Citation: Ch. Code Art. 723The court may grant the motion and appoint a guardian for the child if the court finds by clear and convincing evidence that the requirements of article 722 have been met and that the proposed guardianship is in the best interests of the child.

The guardianship order shall address the frequency and nature of visitation or contact between the child and his or her parent, as necessary to ensure the health, safety, and best interests of the child. The guardianship order may require the parent to contribute to the support of the child to the extent the court finds the parent is able pursuant to article 685.

The guardianship order continues until the child reaches age 18, unless earlier modified or terminated by the court in accordance with article 724.

Modification/Revocation of Guardianship

Citation: Ch. Code Art. 724The court shall retain jurisdiction to enforce, modify, or terminate a guardianship order until the child reaches age 18. The program representing the child in the child of need of care proceedings pursuant to Children’s Code Article 607 and the program representing the indigent parents in the child in need of care proceedings pursuant to Children’s Code Article 608 shall provide representation in guardianship proceedings.

The department, counsel for the child, the guardian, a parent permitted to intervene under article 707, or the court on its own motion may seek to enforce, modify or terminate a guardianship order. A copy of the motion to modify shall be personally served on the parents, and the court shall promptly notify the programs representing the child and indigent parents, respectively, in child in need of care proceedings.

A guardianship order may be modified or terminated if the court finds by clear and convincing evidence that there has been a substantial and material change in the circumstances of the guardian or child because of any of the following:

• The guardian no longer wishes to serve or can no longer serve as guardian of the child.
• Continuation of the guardianship is so deleterious to the child as to justify a modification or termination of the relationship, or the harm likely to be caused from a change in the guardianship is substantially outweighed by the advantages to the child of the modification.

The court shall hold a hearing before modifying or terminating a guardianship and shall, at the conclusion of the hearing, enter a written order that includes the findings upon which the order is based.

Eligibility for Guardianship Subsidy

Citation: Admin. Code Tit. 67, Part V, § 4101The Subsidized Guardianship Program enables the department to make payments to certified relative and fictive kin caregivers on behalf of a child who otherwise might not be able to achieve permanency outside of agency custody because of special needs or other circumstances. Subsidy payments shall be limited to a child for whom guardianship is indicated due to other more permanent options such as reunification with the parents, immediate unsubsidized custody to a relative or other caregiver, or adoption being determined as unfeasible for the child.

The guardianship subsidy applies only:

• To a child for whom the department holds legal custody
• To potential caregivers with whom the child had an established familial or emotional relationship prior to entering department custody
• When the kinship placement provider becomes a certified foster caregiver according to the certification standards of the State
• When the child remains in the certified kinship placement for at least 6 consecutive months

The granting of a subsidy shall not affect the legal status of the child nor the rights and responsibilities of the guardianship caregivers.

The prospective guardianship family must meet basic foster care certification eligibility requirements in all respects except for the ability to assume complete financial responsibility for the child’s care.

Links to Agency Policies

Louisiana Administrative Code,

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Ch. C. Art. 622; Rev. Stat. §§ 46:286.1Unless the best interests of the child requires a different placement, a child who is in need of care shall be placed, pending a continued custody hearing, in accordance with this priority:

• In the home of a suitable relative who is of the age of majority and with whom the child has been living in a wholesome and stable environment if the relative is willing and able to continue to offer such environment for the child pending an adjudication hearing and if he or she agrees to the safety plan
• In the home of a suitable relative who is of the age of majority if the relative is willing and able to offer a wholesome and stable environment for the child pending an adjudication hearing and if he or she agrees to the safety plan
• In the home of a suitable individual who is of the age of majority if he or she is willing and able to offer a wholesome and stable environment for the child pending an adjudication hearing and if he or she agrees to the safety plan
• In foster care under the supervision of the department until further orders of the court

The Office of Community Services shall establish eligibility standards for becoming a kinship foster parent, including the following:

• Relatives within at least the second degree to the parent or stepparent of a child who may be related through blood or marriage may be eligible for approval as a kinship foster parent.
• The kinship foster parent shall be age 21 or older, or if the spouse or partner of the relative is age 21 or older and living in the home, the relative may be between age 18 and 21.

Requirements for Placement with Relatives

Citation: Rev. Stat. §§ 46:286.1; 46:283When a child has been removed from his or her home and is in the care, custody, or guardianship of the Office of Community Services, the office shall make reasonable attempts to place the child with a relative for kinship foster care. If the relative is approved by the office to provide foster care services, the relative shall be eligible to receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether in money or in service.

A person shall be eligible to become a kinship foster parent only upon the completion of an investigation to ascertain if there is a State or Federal record of criminal history for the prospective kinship foster parent or any other individual residing in the prospective parent’s home.

The Office of Community Services shall determine whether the person is able to care effectively for the child by completing all of the following:

• Reviewing personal and professional references
• Observing the kinship foster parent with household members during a home visit
• Interviewing the kinship foster parent

In emergency situations, relatives and friends of the foster child who have applied to be foster parents and who appear to meet eligibility criteria for such foster homes may be certified by the department for one 90-day period without training.

The department may establish separate minimum training requirements for relatives of a foster child or foster parents certified to care only for a specific child or children in those homes not open to placement of other children. These minimum requirements shall include 10 hours of preservice training, requirements for a criminal records clearance, participation with the department in periodic home visits and legally mandated status reviews, and annual training as prescribed in the child’s service plan at the status review.

Requirements for Placement of Siblings

This issue is not addressed in the statutes and regulations reviewed.

Relatives Who May Adopt

Citation: Ch. C. Art. 1243A stepparent, stepgrandparent, great-grandparent, grandparent, or collaterals within the 12th degree may petition to adopt a child.

Requirements for Adoption by Relatives

Citation: Ch. C. Art. 1243; 1243.2; 1252The relative wishing to adopt must meet all the following conditions:

• The petitioner must be related to the child by blood, adoption, or affinity through a parent having parental rights.
• The petitioner is a single person over age 18 or a married person whose spouse is a joint petitioner.
• The petitioner has had legal or physical custody of the child for at least 6 months prior to filing for adoption.

The sheriff or the Office of State Police, Louisiana Bureau of Criminal Identification and Information, will conduct a records check for all Federal arrests and convictions and all State arrests and convictions in this and any other State in which either of the prospective adoptive parents has been domiciled.

The Department of Social Services will conduct a records check for validated complaints of child abuse or neglect in this or any other State in which either of the prospective adoptive parents has been domiciled since becoming an adult.

The department shall not investigate the proposed intrafamily adoption except upon order of the court.

Current Through March 2016

What Are Reasonable Efforts

Citation: Ch. Code Art. 603(25)The term ‘reasonable efforts’ means the exercise of ordinary diligence and care by department caseworkers and supervisors and shall assume the availability of a reasonable program of services to children and their families.

When Reasonable Efforts Are Required

Citation: Ch. Code Art. 626; 684The court shall determine whether the Department of Children and Family Services has made reasonable efforts to prevent or eliminate the need for removal of the child from his or her home and, after removal, to make it possible for the child to return home safely.

The court may authorize, with the consent of the State, continued implementation of a safety plan prior to the adjudication if there are reasonable grounds to believe the child is in need of care and that the continued implementation of the safety plan is necessary for his or her safety and protection. The safety plan shall continue to set forth conditions as determined or agreed upon by the State as necessary for the protection of the child’s health and safety while remaining in the home.

When the child is to be removed from his or her parents’ custody, the court shall determine whether reasonable efforts have been made to prevent removal and what preventive or reunification efforts, or both, were made, and why further efforts could or could not have prevented or shortened the separation of the family.

When Reasonable Efforts Are NOT Required

Citation: Ch. Code Art. 672.1At any time in a child in need of care proceeding for a child who is in the custody of the department, the department may file a motion for a judicial determination that efforts to reunify the parent and child are not required. The department shall have the burden of demonstrating by clear and convincing evidence that reunification efforts are not required, considering the health and safety of the child and the child’s need for permanency.

Efforts to reunify the parent and child are not required if a court has determined that:

• The parent has subjected the child to egregious conduct or conditions, including any of the grounds for termination of parental rights pursuant to Article 1015.
• The parent has committed or attempted to commit murder or manslaughter of another child of the parent or any other child or has aided or abetted, attempted, conspired, or solicited to commit such a murder or manslaughter.
• The parent has committed a felony that resulted in serious bodily injury to the child, another child of the parent, or any other child.
• The parent’s parental rights to a sibling have been terminated involuntarily.

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How to Establish a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How Standby Authority is Activated

Citation:This issue is not addressed in the statutes reviewed.

Involvement of the Noncustodial Parent

Citation:
This issue is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby

Citation:This issue is not addressed in the statutes reviewed.

Withdrawing Guardianship

Citation:This issue is not addressed in the statutes reviewed.

OUR COURSE TEACHES YOU HOW TO FILE A MOTION  IN CPS JUVENILE COURT