Terms Used In Louisiana Children's Code 1027

  • Department: means the Louisiana Department of Children and Family Services. See Louisiana Children's Code 1003
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

A.  At any stage of the proceedings, upon written motion of counsel for the protected person or his parent, the court may order the district attorney or the department to permit counsel to inspect:

(1)  Reports of investigation in the possession or control of the district attorney or the department.

(2)  Reports of evaluations or tests pertaining to the child in the possession or control of the district attorney or the department.

(3)  The case records maintained by the department pertaining to the child and the parent, except information otherwise protected under La. Rev. Stat. 46:56 or by restrictive order pursuant to Article 1028.

(4)  Any videotape of a protected person made in compliance with Chapter 8 of Title III which is in the possession or control of the district attorney or the department.

B.  The court shall order the district attorney or the department to permit counsel to inspect and copy any physical evidence, documents, or photographs which the state intends to offer into evidence at the hearing as provided for in Subparagraphs A(1), (2), and (4).  However, the court may, in its discretion, permit the inspection of evidence provided for in Subparagraph A(3).

C.  If counsel for the child or his parents is provided discovery,  the court may condition that order upon reciprocal discovery by the state.

D.  The court shall not order the production or inspection of any part of a writing that reflects the mental impressions, conclusions, or theories of an attorney nor any other type of discovery except that expressly authorized by this Article.

E.  The duties imposed by a discovery order continue while the child is subject to the jurisdiction of the court, unless the order provides otherwise.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2004, No. 241, §1.