Louisiana Children’s Code 624 – Continued custody hearing; continued safety plan hearing; federal Indian Child Welfare Act
Terms Used In Louisiana Children's Code 624
- 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
- Continuance: Putting off of a hearing ot trial until a later time.
- Department: means the Department of Children and Family Services. See Louisiana Children's Code 603
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Foster parent: means an individual who provides residential foster care with the approval and under the supervision of the department for a child in its custody. See Louisiana Children's Code 603
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- 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
- Person: means any individual, partnership, association, agency, or corporation, and specifically shall include city, parish, or state law enforcement agencies, and a parish or city school board or a person employed by a parish or city school board. 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
- 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
- Summons: Another word for subpoena used by the criminal justice system.
A. If the court issues an order pursuant to Article 619 or 620, a hearing shall be held by the court within three days after the issuance of the order. An order setting the hearing shall provide for appointment of counsel for the child and notice to the entity approved to represent children. If an instanter safety plan order has been ordered, a hearing shall be held by the court within three days from the issuance of the safety plan order. The parents’ signature on the safety plan shall constitute evidence of their agreement with the plan. The continued safety plan hearing shall be conducted in accordance with the procedural and evidentiary rules applicable to continued custody hearings.
B. After notice to all parties and when a child is in foster care, to any foster parent, pre-adoptive parent, and relative providing care, and upon a showing of good cause, the court may grant, deny, or condition a requested continuance of the proceeding in accordance with the best interests of the child. The hearing may be continued for up to three additional days. If a continuance is granted, the court shall issue a written order identifying the mover and reciting the particular facts justifying the continuance.
C.(1) If it appears from the record that, after diligent efforts by the department, the parent cannot be found or has been served a summons or notified by the department to appear at the continued custody or continued safety plan hearing and fails to appear at the hearing, then the hearing may be held in the parent’s absence.
(2) If a foster parent, pre-adoptive parent, adoptive parent, or relative providing care for the child fails to appear at the hearing, the department shall report to the court whether notice was given, or, if not, what diligent efforts were made to locate and notify the absent person. The court may permit the hearing to be held in the person’s absence.
D. At the commencement of the hearing, on the record, the court shall ask each person before the court whether he knows or has reason to know that the child is an Indian child. Each person before the court shall be instructed to inform the court if he subsequently discovers information indicating that the child is an Indian child.
E. At this hearing, the state has the burden of proving the existence of a ground for continued custody or the continued implementation of a safety plan pursuant to Article 626.
F. The child and the child’s parents may introduce evidence, call witnesses, be heard on their own behalf, and cross-examine witnesses called by the state.
G. Hearsay evidence shall be admissible at this hearing.
H. A suitable relative or other suitable individual who seeks to become the custodian of the child shall provide evidence of a willingness and ability to provide a stable and safe environment for the child and to protect the health, welfare, and safety of the child pending an adjudication hearing. The suitable relative or other suitable individual shall affirm a continued acceptance of the terms of the safety plan.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 1999, No. 1215, §1, eff. July 9, 1999; Acts 2001, No. 567, §1; Acts. 2005, No. 148, §1; Acts 2006, No. 278, §§1 and 2; Acts 2007, No. 334, §1; Acts 2014, No. 354, §1; Acts 2014, No. 486, §1; Acts 2018, No. 296, §1; Acts 2022, No. 272, §1.