Louisiana Children’s Code 616.1 – Correction of central registry entries; procedure
Terms Used In Louisiana Children's Code 616.1
- Abuse: means any one of the following acts that seriously endanger the physical, mental, or emotional health, welfare, 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
- 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.
- 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
- Department: means the Department of Children and Family Services. See Louisiana Children's Code 603
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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, welfare, and safety is substantially threatened or impaired. See Louisiana Children's Code 603
NOTE: Paragraph A eff. until promulgation and publication by DCFS of the final rules to implement the provisions of this Act.
A. When a report alleging abuse or neglect is recorded as justified by the department in the central registry but when no petition is subsequently filed alleging that the child is in need of care, the individual who is the subject of the finding may file a written motion seeking correction of that entry and all related department records in the court exercising juvenile jurisdiction in the parish in which the finding was made.
NOTE: Paragraph A shall become eff. upon promulgation and publication by DCFS of the final rules to implement the provisions of this Act.
A. When a report alleging abuse or neglect is recorded as justified by the department in the state central registry but when no petition is or was subsequently filed alleging that the child is in need of care, the individual who is the subject of the finding may file a written motion seeking correction of that entry and all related department records in the court exercising juvenile jurisdiction in the parish in which the finding was made.
B. Prior to the hearing, the motion shall be served on the department and the district attorney.
C. If neither the department nor the district attorney files a written objection, the court may enter an order in accordance with Paragraph D.
D. If after a contradictory hearing with the department and the district attorney the court finds that the report was not justified, in accordance with Article 615(B)(4) or (5), and correction of the record is not contrary to the best interest of the child, it may order the department to correct the central registry entry. If the central registry entry is ordered to be corrected, the department and any law enforcement offices having any record of the report shall be ordered to correct those records and any other records, notations, or references thereto, and the court shall order the department and other custodians of such records to file a sworn affidavit to the effect that their records have been corrected. The affidavit of the department shall also attest to the correction of the central registry entry.
E. The originals of the affidavits required in Paragraph D shall be kept by the court and a copy shall be retained by the affiant. The copy shall not be a public record and shall not be open for public inspection but rather shall be kept under lock and key and maintained only for internal recordkeeping purposes and to preserve the integrity of the files of the department or office and shall not be used for any investigative purpose.
NOTE: Paragraph F shall become eff. upon promulgation and publication by DCFS of the final rules to implement the provisions of this Act.
F. The provisions of this Article shall apply only to those reports determined by the department to be justified prior to the effective date of Children’s Code Article 616.1.1.
Acts 1997, No. 612, §1; Acts 2017, No. 348, §1, eff. upon promulgation and publication by DCFS rules.