Louisiana Children’s Code 682 – Removal of a child from parental custody or control
Terms Used In Louisiana Children's Code 682
- 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
- Reasonable efforts: means the exercise of ordinary diligence and care by the department throughout the pendency of a case pursuant to the obligations imposed on the state by federal and state law to provide services and supports designed and intended to prevent or eliminate the need for removing a child from the child's home, to reunite families after separation, and to achieve safe permanency for children. 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
- Removal: means placing a child in the custody of the state or with someone other than the parent or caretaker during or after the course of an investigation of abuse and neglect to secure the child's health, welfare, and safety. See Louisiana Children's Code 603
A. The court shall not remove a child from the custody of the parent unless continuation in the home would be contrary to the health, welfare, and safety of the child and the health, welfare, and safety of the child cannot, in the opinion of the court, be adequately secured without removal. Except as otherwise provided in Article 672.1, in support of any disposition removing a child from the parental home, the court shall determine whether the department has made reasonable efforts to prevent or eliminate the need for removal of the child and, after removal, to reunify the parent and child or to finalize placement in an alternative safe and permanent home in accordance with the permanent plan including, if appropriate, through an interstate placement. The health, welfare, and safety of the child shall be the paramount concern in the court’s consideration of removal. The department shall have the burden of demonstrating reasonable efforts.
B. If the court concludes that the child is to be removed from the custody of the parent, the court shall do all of the following:
(1) Inform the parents about the case review and permanency review procedure, as provided for in Chapters 15 and 16 of this Title.
(2) Inform the parents that it is their obligation to cooperate with the department, comply with the requirements of the case plan, including their duty to keep the department apprised of their current address, and correct the conditions requiring the child to be in care.
(3) Inform the parents that a petition to terminate their parental rights may be filed based upon their failure to comply with the requirements of the case plan, failure to make significant measurable progress toward achieving case plan goals and to correct the conditions requiring the child to be in care, or on any other ground authorized by Article 1015.
(4) Inform the parties and all persons before the court that it is their continuing responsibility to notify the department and the court in writing regarding the whereabouts, including address, cellular number, telephone number, and any other contact information, of an absent parent and the identity and whereabouts, including address, cellular number, telephone number, and any other contact information, of any suitable relative or other suitable individual willing and able to offer a stable and safe home for the child.
(5) Inform the parties and all persons before the court of their continuing responsibility to support the achievement of timely permanency for the child and further direct all individuals to advise the department and the court in writing of the whereabouts, including the address, cellular number, telephone number, and any other contact information, of all grandparents, all parents of a sibling where the parent has legal custody of the sibling, and all other adult relatives of the child.
(6) Inform the parents of their obligation to support their child, including their obligation to contribute to the care and treatment of their child as provided in Article 685.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 612, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 248, §1; Acts 2007, No. 334, §1; Acts 2008, No. 392, §1; Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2022, No. 272, §1.