Louisiana Children’s Code 1433 – Protective custody without court order
Terms Used In Louisiana Children's Code 1433
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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
- 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
A. A peace officer or a peace officer accompanied by an emergency medical service trained technician may take a minor into protective custody and transport him to a treatment facility for a medical evaluation when, as a result of his personal observation, the peace officer or emergency medical service technician has reasonable grounds to believe the minor is a proper subject for involuntary admission to a treatment facility because he is acting in a manner dangerous to himself or dangerous to others, is gravely disabled, and is in need of immediate hospitalization to protect the minor or others from physical harm.
B. The minor may only be transported to one of the following:
(1) A community mental health center.
(2) A public or private general hospital.
(3) A public or private mental hospital.
(4) A detoxification center.
(5) A substance abuse clinic.
(6) A substance abuse inpatient facility.
C. Upon arrival at the treatment facility, the escorting peace officer shall then be relieved of any further responsibility and the minor shall be immediately examined by a physician, preferably a psychiatrist, who shall determine if the minor shall be voluntarily admitted, admitted by emergency certificate, or discharged.
D. In the case of a minor suffering from substance abuse and where any of the facilities stated in Paragraph B of this Article are unavailable, the peace officer and emergency medical service technician may use whatever means or facilities available to protect the health and safety of the minor suffering from substance abuse until such time as any of the above facilities become available. In taking a minor into protective custody, the peace officer and emergency medical service technician may take reasonable steps to protect themselves. A peace officer or emergency medical service technician who acts in compliance with this Article is acting in the course of his official duty and cannot be subjected to criminal or civil liability as a result thereof.
E. Under the provisions of this Article no minor shall be placed in protective custody for a period in excess of seventy-two hours. Any minor placed in protective custody under the provisions of this Article shall be considered as an inmate for maintenance purposes only.
F.(1) Any person removing a minor from a school pursuant to this Article shall provide the following information about the minor to a school administrator:
(a) First and last name.
(b) Address.
(c) Date of birth.
(2) The provisions of this Paragraph shall not apply to an arrest for which there is probable cause.
Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2022, No. 324, §1.