Louisiana Revised Statutes 28:454.13 – Failure to obey an order or judgment
Terms Used In Louisiana Revised Statutes 28:454.13
- administrator: means a person in charge of a treatment facility or his deputy. See Louisiana Revised Statutes 28:2
- Appropriate: means all of the following:
(a) In accordance with standards of the Louisiana Department of Health and the provisions of this Chapter. See Louisiana Revised Statutes 28:451.2
- Court: means any duly constituted district court or court having family or juvenile jurisdiction. See Louisiana Revised Statutes 28:2
- Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:451.2
- Developmental disabilities services: means programs, services, and supports for persons with developmental disabilities that include but are not limited to information and referral services, support coordination services, system entry services, development of the support profiles and plans, individual and family support services, living options, habilitation services, and vocational services. See Louisiana Revised Statutes 28:451.2
- Developmental disability: means either:
(a) A severe, chronic disability of a person that:
(i) Is attributable to an intellectual or physical impairment or combination of intellectual and physical impairments. See Louisiana Revised Statutes 28:451.2
- Living options: means a variety of service settings wherein people with developmental disabilities live, including but not limited to extended family living, supported living, community homes, group homes, and residential facilities. See Louisiana Revised Statutes 28:451.2
- Person: means a person with a developmental disability. See Louisiana Revised Statutes 28:451.2
- Services: means developmental disability services. See Louisiana Revised Statutes 28:451.2
A. The failure by any facility administrator or director to obey an order or judgment committing a person with developmental disabilities to a public or private residential living option or developmental disability service or both shall not be construed as a contempt of any court, if the failure to obey is due to the inability to comply with the order or judgment because the residential living options or developmental disabilities services, or both, under their authority are not appropriate as defined in this Chapter.
B. The department, the office, other providers, and their employees and administrators of residential living options or developmental disabilities services and supports or both shall not be held in contempt of a court because of their refusal to comply with a commitment that is not consistent with the provisions of this Chapter.
Acts 2005, No. 128, §1, eff. June 22, 2005.