Louisiana Children’s Code 855 – Advice of rights at appearance to answer
Terms Used In Louisiana Children's Code 855
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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
A. When the child appears to answer the petition, the court shall first determine that the child is capable of understanding statements about his rights under this Code.
B. If the child is capable, the court shall then advise the child of the following items in terms understandable to the child:
(1) The nature of this delinquency proceeding.
(2) The nature of the allegations of the petition.
(3) His right to an adjudication hearing.
(4) His right to be represented by an attorney, his right to have counsel appointed as provided in Article 809, and his right in certain circumstances authorized by Article 810 to waive counsel.
(5) His privilege against self-incrimination.
(6) The range of responses authorized under Article 856.
(7) The possible consequences of his admission that the allegations are true, including the maximum and minimal dispositions which the court may impose pursuant to Articles 897 through 900. In addition, if the child is fourteen years of age or older and the petition charges the child with the perpetration, attempted perpetration, or conspiracy to commit any of the following offenses, the court shall inform the child that, if he admits to allegations of the petition, or the allegations of the petition are found to be true, he may be required to register as a sex offender pursuant to Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950, and the court shall inform the child regarding applicable required registrations and their duration:
(a) Aggravated or first degree rape as defined in La. Rev. Stat. 14:42.
(b) Forcible or second degree rape as defined in La. Rev. Stat. 14:42.1.
(c) Second degree sexual battery as defined in La. Rev. Stat. 14:43.2.
(d) Aggravated kidnapping of a child who has not attained the age of thirteen years pursuant to La. Rev. Stat. 14:44 or 44.2.
(e) Second degree kidnapping of a child who has not attained the age of thirteen years as defined in La. Rev. Stat. 14:44.1.
(f) Aggravated crime against nature defined by La. Rev. Stat. 14:89.1(A)(2) involving circumstances defined by La. Rev. Stat. 15:541 as an aggravated offense.
(g) Aggravated crime against nature as defined in La. Rev. Stat. 14:89.1(A)(1).
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2010, No. 594, §1; Acts 2014, No. 602, §1, eff. June 12, 2014; Acts 2015, No. 184, §8.