Sections
Chapter 1 Grounds for Interdiction 389 – 391
Chapter 2 General Duties of Curators and Undercurators 392 – 393
Chapter 3 Effects of Interdiction 394 – 396
Chapter 4 Modification and Termination of Interdiction 397 – 398
Chapter 5 Responsibility for Wrongful Filing of Interdiction Petition 399

Terms Used In Louisiana Codes > Civil Code > BOOK I > Title IX

  • Abuse: means any one of the following acts which seriously endanger the physical, mental, or emotional health and safety of the child:

                (a) The infliction, attempted infliction, or, as a result of inadequate supervision, the allowance of the infliction or attempted infliction of physical or mental injury upon the child by a parent or any other person. See Louisiana Children's Code 603

  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Applicable payee: means the spouse, the tutor or custodian of the child, the court-approved fiduciary of the spouse or child, or the department in a FITAP case or in a non-FITAP case in which the department is rendering services as designated by the court to be the payee. See Louisiana Children's Code 1351
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Birth certificate: means the child's official birth certificate or a true copy of a prefiled version of the birth certificate in the event the official birth certificate has not been issued. See Louisiana Children's Code 1169
  • Birth certificate: means official documentation of the child's record of birth acceptable to the United States Citizenship and Immigration Services and, if the document is not in English, a certified translation of the document. See Louisiana Children's Code 1281.3
  • Child: means a person under eighteen years of age who, prior to juvenile proceedings, has not been judicially emancipated under Civil Code Article 366 or emancipated by marriage under Civil Code Article 367. See Louisiana Children's Code 603
  • Child: means a person under eighteen years of age and not emancipated by marriage. See Louisiana Children's Code 1169
  • Child: means a person under the age of eighteen or an eighteen year old who is a full-time student in a secondary school and who is dependent on either parent. See Louisiana Children's Code 1351
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Criminal neglect of family: means the desertion or intentional nonsupport by a spouse of his or her spouse who is in destitute or necessitous circumstances or by either parent of his minor child who is in destitute or necessitous circumstances. See Louisiana Children's Code 1351
  • Custody: as used in this Title means detention or confinement as a result of or incidental to an instituted or anticipated criminal proceeding. See Louisiana Code of Criminal Procedure 351
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Department: means the Department of Children and Family Services. See Louisiana Children's Code 603
  • Department: means the Louisiana Department of Children and Family Services. See Louisiana Children's Code 1169
  • Department: means the Louisiana Department of Health. See Louisiana Children's Code 1404
  • Department: means the Department of Children and Family Services. See Louisiana Children's Code 1351
  • Dependent: A person dependent for support upon another.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • 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.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Family psychiatric mental health nurse practitioner: means an individual who maintains the credentials as such and meets the requirements of a "psychiatric mental health nurse practitioner" as provided in R. See Louisiana Children's Code 1404
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • FITAP: means the Family Independence Temporary Assistance Program. See Louisiana Children's Code 1351
  • Foster care: means placement in a foster family home, a relative's home, a residential child caring facility, or other living arrangement approved and supervised by the state for provision of substitute care for a child in the department's custody. See Louisiana Children's Code 603
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Hague Convention adoptee: means a child living in a Hague Convention country who is under the age of sixteen at the time a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, is filed on his behalf and who is found by the Department of State and United States Citizenship and Immigration Services to meet the definition of "Convention Adoptee" under Section 101(b)(1)(G) of the Immigration and Nationality Act (8 USC 1101(b)(1)(G)). See Louisiana Children's Code 1281.3
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Intestate: Dying without leaving a will.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mental Health Advocacy Service: means a service established by the state of Louisiana for the purpose of providing legal counsel and representation for persons with mental disabilities and for children and to ensure that their legal rights are protected. See Louisiana Children's Code 1404
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Neglect: means the refusal or unreasonable failure of a parent or caretaker to supply the child with necessary food, clothing, shelter, care, treatment, or counseling for any injury, illness, or condition of the child, as a result of which the child's physical, mental, or emotional health and safety is substantially threatened or impaired. See Louisiana Children's Code 603
  • Person: means any individual, partnership, association, agency, or corporation, and specifically shall include city, parish, or state law enforcement agencies, and a parish or city school board or a person employed by a parish or city school board. See Louisiana Children's Code 603
  • Person with mental illness: means any person with a psychiatric disorder which has substantial adverse effects on his ability to function and who requires care and treatment. See Louisiana Children's Code 1404
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Psychologist: means an individual licensed to practice psychology in Louisiana in accordance with R. See Louisiana Children's Code 1404
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Respondent: means a person alleged to be mentally ill or suffering from substance abuse and for whom an application for commitment to a treatment facility has been filed. See Louisiana Children's Code 1404
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restraint: means the partial or total immobilization of any or all of the extremities or the torso by mechanical means for psychiatric indications. See Louisiana Children's Code 1404
  • Safety plan: means a plan for the purpose of assuring a child's health and safety by imposing conditions for the child to safely remain in the home, or, after a child has been removed from the home, for the continued placement of the child with a custodian and terms for contact between the child and his parents or other persons. See Louisiana Children's Code 603
  • Seclusion: means the involuntary confinement of a patient alone in a room, which the patient is physically prevented from leaving, for any period of time, except that seclusion does not include the placement of a patient alone in a room or other area for no more than thirty minutes at a time and no more than three hours in any twenty-four hour time period pursuant to behavior-shaping techniques such as "time-out". See Louisiana Children's Code 1404
  • Spouse: shall mean a husband or wife. See Louisiana Children's Code 1351
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trustee: A person or institution holding and administering property in trust.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.