Louisiana Children’s Code 625 – Advice of rights and responsibilities of parents, counsel, and department; absent parents
Terms Used In Louisiana Children's Code 625
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
- 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.(1) At the continued custody or continued safety plan hearing, the court shall advise the parents and may advise the child, insofar as practicable, of:
(a) The nature of the proceedings in terms understandable to the child.
(b) The nature of the allegations in terms understandable to the child.
(c) The right to an adjudication hearing.
(d) The right to be represented by counsel and the right of indigent parents to representation by the Indigent Parents’ Representation Program in accordance with Children’s Code Article 608.
(2) At the continued custody or continued safety plan hearing, the court shall request the parent and all counsel of record to provide an electronic mail address at which the parent is willing to receive service and notice of future proceedings. The court shall advise the parent that once an electronic mail address is provided, all service and notice of future proceedings may be sent electronically until such time he provides notice to the court and all parties in writing or in open court that he is no longer able to receive service or notice at such address.
B. If the child is continued in the custody of the state, the court shall advise the parents of:
(1) The child’s need to have a safe and stable relationship with caretakers, either his parents or, if necessary, others who are willing and able to assume parental responsibility and provide a permanent home, and to have these caretaker decisions made as quickly as possible.
(2) Their responsibility to cooperate in preparing a case plan and otherwise in meeting the needs of their child, and if their child cannot return home safely, to assist the child’s adjustment to other caretakers, and their obligation to contribute to the cost of care and treatment of their child as provided in Article 685.
(3) Their responsibility to notify the department and their counsel in writing of their current whereabouts, including their address, cellular number, telephone number, and any other contact information, and that if they fail to do so, the law authorizes hearings to be held in their absence.
C. Upon receipt of information regarding a parent’s change of address, the department and the parent’s counsel shall promptly inform the court of the new address.
D.(1) The court shall direct all persons before the court to identify the name, address, and whereabouts of each parent and any suitable relative or other suitable individual willing and able to offer a stable and safe home for the child.
(2) The court shall advise all persons before the court of their responsibility in achieving timely permanency for the child, and further shall direct all such individuals to identify the name, address, and whereabouts of all grandparents, all parents of a sibling where such parent has legal custody of such sibling, and all other adult relatives of the child.
E. If at the time of the hearing a petition has been filed, the court may also call upon the parent to answer its allegations in accordance with Chapter 9 of this Title.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 248, §1; Acts 2008, No. 392, §1; Acts 2014, No. 354, §1; Acts 2014, No. 486, §1; Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2022, No. 272, §1.