Terms Used In Louisiana Children's Code 1283.6

  • Department: means the Louisiana Department of Children and Family Services. See Louisiana Children's Code 1281.3
  • Foreign orphan: means a child living in a Non-Hague Convention country (a) who is under the age of sixteen at the time a Form I-600, Petition to Classify Orphan as an Immediate Relative, is filed on his behalf and who is found by the Department of State or United States Citizenship and Immigration Services to meet the definition of "orphan" under Section 101(b)(1)(F) of the Immigration and Nationality Act (8 USC 1101(b)(1)(F)); or (b) who is under the age of eighteen and is a biological sibling of a child previously adopted by the same applicant(s) who is petitioning on his behalf. See Louisiana Children's Code 1281.3
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

A.  The court shall sign the order setting the time and place for the hearing of the petition for adoption of the foreign orphan not less than thirty nor more than sixty days after the filing of the adoption petition.  The court may extend this time for good cause, which may include a showing by the department that it has been impossible to gather the necessary data within the time prescribed.  The court may reduce the time to a minimum of fifteen days with written approval of the department and the petitioner.

B.  At this hearing, the court shall consider:

(1)  Any motion to intervene which has been filed.

(2)  Any other issues in dispute.

(3)  The confidential report of the department.

(4)  The report of any criminal records or validated complaints of child abuse or neglect concerning the petitioner.

(5)  The testimony of the parties.

C.  If the child to be adopted is twelve years of age or older, the court shall solicit and consider his wishes in the matter.

Acts 1999, No. 1268, §1.