Louisiana Children’s Code 616.1.1 – Appeal and review; correction of central registry entries; procedure
Terms Used In Louisiana Children's Code 616.1.1
- 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
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Department: means the Department of Children and Family Services. See Louisiana Children's Code 603
- 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
A. When a report alleging abuse or neglect is determined to be justified by the department, the individual who is or was the subject of the determination may make a formal written request to the division of administrative law for an administrative appeal of the justified determination, in accordance with the procedures set forth in Title 67 of the Louisiana Administrative Code.
B. The department shall provide a written notice to the individual who is or was the subject of the determination in clear, concise, and understandable language that is easy to read, containing all of the following:
(1) An explanation of the determination by the department.
(2) An explanation of the consequences of the determination.
(3) The individual’s right to an administrative appeal.
(4) The specific procedure for requesting an appeal, including the deadline.
(5) The name and contact information of a department representative the individual may contact for additional information.
C. The department shall promulgate, in accordance with the Administrative Procedure Act, all rules and regulations necessary to implement the provisions of this Article.
Acts 2017, No. 348, §1, eff. upon promulgation and publication by DCFS rules; Acts 2022, No. 535, §1.