Louisiana Children’s Code 734 – Oral instanter orders
Terms Used In Louisiana Children's Code 734
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Child: means a person under eighteen years of age who, prior to proceedings under this Title, has not been judicially emancipated or emancipated by marriage. See Louisiana Children's Code 728
A. In exceptional circumstances, the facts supporting the issuance of an instanter order and the exceptional circumstances may be relayed orally, including telephonically, to the judge and his order directing that a child be taken into custody may be issued orally.
B. In such cases, an affidavit containing the information previously relayed orally, including telephonically, shall be filed with the clerk of the court within twenty-four hours and a written order shall be issued.
C. If the affidavit is filed after the child has been taken into custody, it shall indicate whether the child was released to his parents or continued in custody, and if so, the prehearing placement to which the child was taken.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.