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Terms Used In Louisiana Children's Code 860

  • 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
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

A.  On its own motion or on the motion of the child or district attorney, the court may order any child subject to a motion to transfer to be examined by a physician, optometrist, audiologist, psychologist, or psychiatrist.  Unless waived by the child, the examination shall not occur until five days after the clerk of court has notified all parties of the examination order.

B.  Any examination shall be made and the findings submitted to the court within three days of the transfer hearing.  This time period may be extended by the court for good cause.

C.  Copies of any reports of findings submitted to the court shall be made available to counsel for all parties.

D.  Unless the child has sought the examination or otherwise waives his privilege against self-incrimination, neither testimony about the report nor any of its contents is admissible in an adjudication hearing or later criminal trial, if any, which would violate the child’s privilege against self-incrimination.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2010, No. 594, §1.