Louisiana Revised Statutes 46:1425 – Adoption services; requirements for advertising; injunctive relief; exceptions; penalties
Terms Used In Louisiana Revised Statutes 46:1425
- Child-placing agency: means any institution, society, agency, corporation, facility, person or persons, or any other group engaged in placing children in foster care or with substitute parents for temporary care or for adoption, or engaged in assisting or facilitating the adoption of children, or engaged in placing youth in transitional placing programs, but shall not mean a person who may occasionally refer children for temporary care. See Louisiana Revised Statutes 46:1403
- Department: means the Department of Children and Family Services. See Louisiana Revised Statutes 46:1403
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Venue: The geographical location in which a case is tried.
A. It shall be unlawful for any person other than a licensed child-placing agency or a Louisiana-based crisis pregnancy center to advertise through print or electronic media that it will adopt children or assist in the adoption of children.
B. If any person advertises in violation of this Section, the attorney general, the Department of Children and Family Services, the appropriate district attorney, or any licensed child-placing agency or a Louisiana-based crisis pregnancy center may file suit in district court according to the general rules of venue to obtain injunctive relief to restrain the person from continuing the violation.
C. Nothing in this Section shall apply to any individual licensed to practice law in this state while such individual is engaged in the practice of law or to any individual licensed to provide mental health counseling as provided in Children’s Code Article 1120 and preplacement and home studies as provided in Children’s Code Article 1173.
D. Anyone who violates the provisions of this Section shall be liable for all costs of any proceeding brought to enjoin such violation, including reasonable attorney fees, which shall be set by the court.
Acts 1997, No. 1070, §1; Acts 2013, No. 179, §1, eff. Jan. 1, 2014.