Louisiana Children’s Code 622 – Placement pending a continued custody hearing
Terms Used In Louisiana Children's Code 622
- 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
- Foster care: means placement in a foster family home, a relative's home, a residential child caring facility, or other living arrangement approved and supervised by the state for provision of substitute care for a child in the department's custody. See Louisiana Children's Code 603
- Other suitable individual: means a person with whom the child enjoys a close, established, significant relationship, yet not a blood relative, including a neighbor, godparent, teacher, or close friend of the parent. See Louisiana Children's Code 603
- Relative: means an individual with whom the child has established a significant relationship by blood, adoption, or affinity. See Louisiana Children's Code 603
- 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
- Safety plan: means a plan for the purpose of assuring a child's health, welfare, and safety by imposing conditions for the child to safely remain in the home, or, after a child has been removed from the home, for the continued placement of the child with a custodian and terms for contact between the child and the child's parents or other persons. See Louisiana Children's Code 603
A. Prior to the continued custody hearing required in Article 624, a suitable relative or other suitable individual may intervene or seek and obtain an ex parte court order to take provisional custody of the child pending the continued custody hearing. The provisions of Code of Civil Procedure Article 3945 are inapplicable to an ex parte order rendered pursuant to this Paragraph.
B. Unless the best interest of the child requires a different placement, a child who appears to be a child in need of care and whose immediate removal is necessary shall be placed, pending a continued custody hearing, in accordance with the following priorities of placement:
(1) In the home of a suitable relative who is of the age of majority and with whom the child has been living in a stable and safe environment if the relative is willing and able to continue to offer such environment for the child pending an adjudication hearing and if the relative agrees to the safety plan.
(2) In the home of a suitable relative who is of the age of majority if the relative is willing and able to offer a stable and safe environment for the child pending an adjudication hearing and if the relative agrees to the safety plan.
(3) In the home of a suitable individual who is of the age of majority if the individual is willing and able to offer a stable and safe environment for the child pending an adjudication hearing and if the individual agrees to the safety plan.
(4) In foster care under the supervision of the department until further orders of the court.
(5) In a shelter care facility if the child, who is not in the custody of the department, has been the victim of human trafficking as provided for in La. Rev. Stat. 14:46.2 or trafficking of children for sexual purposes as provided for in La. Rev. Stat. 14:46.3.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 1152, §1; Acts 1999, No. 754, §1; Acts 1999, No. 1317, §2; Acts 2005, No. 148, §1; Acts 2006, No. 278, §1; Acts 2017, No. 376, §1; Acts 2022, No. 272, §1; Acts 2023, No. 226, §1.