Terms Used In Louisiana Children's Code 1610

  • 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.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

NOTE:  Art. 1610 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

A.  No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this Article and with the applicable laws of the receiving state governing the placement of children therein.

B.  Prior to sending, bringing, or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state.  The notice shall contain:

(1)  The name, date, and place of birth of the child.

(2)  The identity and address or addresses of the parents or legal guardian.

(3)  The name and address of the person, agency, or institution to or with which the sending agency proposes to send, bring, or place the child.

(4)  A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.

C.  Any public officer or agency in a receiving state which is in receipt of a notice pursuant to Paragraph B of this Article may request the sending agency or any other appropriate officer or agency of or in the sending agency’s state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.

D.  The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.

Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.