Louisiana Children’s Code 621 – Taking child into custody without a court order
Terms Used In Louisiana Children's Code 621
- 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, an employee or an operator of an early learning center as defined in La. See Louisiana Children's Code 603
- 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
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Removal: means placing a child in the custody of the state or with someone other than the parent or caretaker during or after the course of an investigation of abuse and neglect to secure the child's health, welfare, and safety. See Louisiana Children's Code 603
A. A peace officer or probation officer of the court may take a child into custody without a court order if there are reasonable grounds to believe that the child’s surroundings are such as to endanger the child’s health, welfare, and safety and immediate removal appears to be necessary. The peace officer shall have the responsibility to promptly notify and release the child to the department.
B. Employees of the department shall secure an instanter order before taking a child into custody.
C. The department may release the child or secure an instanter order.
D. The department shall promptly notify the parents or caretaker of the nature of the allegations and, if the child is not released, of the time and place of the continued custody hearing.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2006, No. 278, §1; Acts 2022, No. 272, §1.