Terms Used In Louisiana Codes > Civil Code > PRELIMINARY TITLE > Title XXIII
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.
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 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
Caretaker: means any person legally obligated to provide or secure adequate care for a child, including a parent, tutor, guardian, legal custodian, foster home parent, or other person providing a residence for the child. See Louisiana Children's Code 1404
Contract: A legal written agreement that becomes binding when signed.
Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
Dangerous to others: means the condition of a person whose behavior or significant threats support a reasonable expectation that there is a substantial risk that he will inflict physical harm upon another person in the near future. See Louisiana Children's Code 1404
Dangerous to self: means the condition of a person whose behavior, significant threats, or inaction supports a reasonable expectation that there is a substantial risk that he will inflict physical or severe emotional harm upon his own person. See Louisiana Children's Code 1404
Dependent: A person dependent for support upon another.
Diagnosis: means the art and science of determining the presence of disease in an individual and distinguishing one disease from another. See Louisiana Children's Code 1404
Discharge: means the full or conditional release from a treatment facility of any minor admitted or otherwise detained under this Title. See Louisiana Children's Code 1404
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.
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
Foreign orphan: means a child living in a Non-Hague Convention country (a) who is under the age of sixteen at the time a Form I-600, Petition to Classify Orphan as an Immediate Relative, is filed on his behalf and who is found by the Department of State or United States Citizenship and Immigration Services to meet the definition of "orphan" under Section 101(b)(1)(F) of the Immigration and Nationality Act (8 USC 1101(b)(1)(F)); or (b) who is under the age of eighteen and is a biological sibling of a child previously adopted by the same applicant(s) who is petitioning on his behalf. See Louisiana Children's Code 1281.3
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.
Inter vivos: Transfer of property from one living person to another living person.
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
Legal custody: means a legal status created by court order that vests in a custodian the right to have physical custody of the child and the right and duty to protect, train, and discipline and to provide food, shelter, education, and ordinary medical care, all subject to any residual parental rights and responsibilities. See Louisiana Children's Code 1511
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.
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Patient: means any person detained and taken care of as a person with mental illness or person suffering from substance abuse. See Louisiana Children's Code 1404
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
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
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
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
Substance abuse: means the condition of a person who uses narcotic, stimulant, depressant, soporific, tranquilizing, or hallucinogenic drugs or alcohol to the extent that it renders the person dangerous to himself or others or renders the person gravely disabled. See Louisiana Children's Code 1404
Summons: Another word for subpoena used by the criminal justice system.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Treatment: means an active effort to accomplish an improvement in the mental condition or behavior of a patient or to prevent deterioration in his condition or behavior. See Louisiana Children's Code 1404
Treatment facility: means any public or private hospital, retreat, institution, mental health center, or facility licensed by the state of Louisiana in which any mentally ill minor or minor suffering from substance abuse is received or detained as a patient except a facility under the control or supervision of the Department of Public Safety and Corrections unless otherwise provided in Title VIII of this Code. See Louisiana Children's Code 1404
Trustee: A person or institution holding and administering property in trust.
Venue: The geographical location in which a case is tried.
Voluntary transfer of custody: is a parent's knowing and voluntary relinquishment of legal custody to an agency, institution, or individual, subject to residual parental rights retained by the parent and under such terms and conditions that enable the child to receive adequate care and treatment. See Louisiana Children's Code 1511