Louisiana Children’s Code 815 – Child taken into custody; place of detention
Terms Used In Louisiana Children's Code 815
- Arrest: Taking physical custody of a person by lawful authority.
- Child: means any person under the age of twenty-one, including an emancipated minor, who commits a delinquent act before attaining seventeen years of age. See Louisiana Children's Code 804
- Delinquent act: means an act committed by a child of ten years of age or older which if committed by an adult is designated an offense under the statutes or ordinances of this state, or of another state if the offense occurred there, or under federal law, except traffic violations. See Louisiana Children's Code 804
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Misdemeanor-grade delinquent act: means any offense which if committed by an adult is other than a felony and includes the violation of an ordinance providing a penal sanction. See Louisiana Children's Code 804
A.(1) The peace officer or an appropriate representative of the arresting agency shall have the authority and responsibility to transport the child to the appropriate place of detention as specified in this Article, unless the child has been released to the care of his parents pursuant to Article 814(B)(1). Beginning July 1, 2020, a detention screening instrument shall be administered to the child prior to transportation of the child to the appropriate place of detention or upon the child’s arrival at the appropriate place of detention, unless it cannot be completed at that time. If the detention screening instrument cannot be completed prior to the child’s transportation to the appropriate place of detention or upon the child’s arrival at the appropriate place of detention, the detention screening instrument shall be completed as soon as possible after the child has been admitted into the detention center. Reasonable efforts shall be made to administer the instrument at the earliest possible time.
(2) The detention screening instrument shall include, but need not be limited to, consideration of the following factors:
(a) The current offense for which the child was taken into custody.
(b) The child’s history of prior delinquent acts.
(c) The child’s history of failure to appear.
(d) The child’s history of being a runaway.
(e) Any mitigating and aggravating circumstances.
(3) When the child is detained prior to the completion of the detention screening instrument, the results of the detention screening instrument shall be communicated to the court promptly upon its completion.
B. Except as provided in Paragraph E of this Article, if the child has been taken into custody for the commission of a felony-grade delinquent act or of a misdemeanor-grade delinquent act based upon an offense against the person of another, the child may be taken to a juvenile detention center and the procedures regarding the administration of the detention screening instrument set forth in Paragraph A of this Article shall apply.
C. Except as provided in Paragraph E of this Article, for the commission of any other misdemeanor-grade delinquent act, the child may be taken to a juvenile detention center or shelter care facility or released to a parent or guardian upon the written promise of the parent or guardian to bring the child to court pursuant to Article 814. If the child is not released to a parent or guardian, the officer shall follow the procedures set forth in Paragraph A of this Article.
D. The governing authority of the parish or municipality requesting placement of a juvenile in either a regional detention center or a shelter care facility shall be responsible to the regional detention center or shelter care facility for the cost of confinement in accordance with a schedule which may be adopted by the regional detention center or shelter care facility.
E. No child under the age of thirteen shall be detained in a juvenile detention center after being taken into custody for the alleged commission of a misdemeanor-grade delinquent act.
F. If a juvenile detention center is not available, a juvenile may be held in an adult jail or lockup for purposes of and only as long as necessary to complete identification or processing procedures or while awaiting transportation, but not to exceed six hours. However, in nonmetropolitan areas, the juvenile may be held for up to forty-eight hours if all of the following occur:
(1) The juvenile is accused of a nonstatus offense.
(2) A continued custody hearing in accordance with Articles 820 and 821 is held within forty-eight hours after his arrest.
(3) There is no acceptable alternative placement to the jail or lockup in which the juvenile is being held.
(4) The sheriff or the administrator of the adult jail or lockup has certified to the court that facilities exist that provide for sight and sound separation of the juvenile from adult offenders and the juvenile can be given continuous visual supervision while placed in the jail or lockup.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 818, §1; Acts 1995, No. 1158, §1; Acts 1999, No. 1356, §1, eff. July 12, 1999; Acts 2004, No. 120, §1; Acts 2016, No. 499, §2; Acts 2019, No. 147, §1; Acts 2023, No. 445, §1, eff. June 28, 2023.