CHAPTER 13. ADJUDICATION Art. 877. Adjudication hearing; time limitations A. When the child is charged with a crime of violence as defined in R.S. 14:2(B) and the child is continued in custody pursuant to Chapter 5 of this Title, the adjudication hearing shall commence within sixty days of the appearance to answer the petition. In […]
Art. 878. Order of adjudication hearing A. The normal order of an adjudication hearing shall be: (1) Presentation of evidence offered by the state. (2) Presentation of evidence offered on behalf of the child. (3) Presentation of evidence to rebut evidence offered on behalf of the child. (4) Closing arguments of counsel. B. With consent […]
Art. 879. Presence at adjudication hearing; exclusion of witnesses A. The child, his parents, counsel, the district attorney, authorized officials of the court, and witnesses called by the parties may be present at the adjudication hearing. B.(1) All proceedings in a juvenile delinquency case involving a crime of violence as defined in R.S. 14:2(B) or […]
Art. 880. Right to present evidence and examine witnesses A. Among other rights guaranteed by Chapter 3 of this Title, at the adjudication hearing the child may introduce evidence, call witnesses, be heard on his own behalf, and cross-examine witnesses called by the state. B. When a child has contested an adjudication based on his […]
Art. 881. Evidence A. The adjudication hearing in delinquency proceedings shall be conducted according to the provisions of the Code of Evidence applicable to criminal cases. B. The child shall not be required to testify, and evidence obtained in violation of the child’s rights under the Constitution of the United States or the Constitution of […]
Art. 881.1. Admissibility of a child’s confession in juvenile court A. A confession made by an accused child without a knowing and voluntary waiver shall not be admissible unless the state proves beyond a reasonable doubt that it was freely and voluntarily given and was not made under the influence of fear, duress, intimidation, menaces, […]
Art. 882. Adjudication by the court The adjudication hearing shall be held before the court without a jury. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
Art. 883. Burden of proof In order for the court to adjudicate a child delinquent, the state must prove beyond a reasonable doubt that the child committed a delinquent act alleged in the petition. Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
Art. 884. Adjudication order A. Following the adjudication hearing, the court shall immediately declare whether the evidence warrants an adjudication that the child is delinquent. In exceptional circumstances, the court may take the matter under advisement. B. If the evidence demonstrates that the child’s family is in need of services, the court may adjudicate the […]
Art. 884.1. Informing the child of sex offender registration and notification requirements; form A. When the child has admitted the allegations of the petition or when adjudicated delinquent for any of the following offenses, the court shall provide him with written notice of the requirements for registration as a sex offender: (1) Aggravated or first […]
Art. 885. Denial of driving privileges; restricted driver’s license A. Without any further hearing, whenever any child over the age of thirteen is adjudicated delinquent for the commission of any offense involving the possession, use, or abuse of alcohol or one or more controlled dangerous substances, any offense in violation of the Uniform Controlled Dangerous […]
Art. 886. Continued custody pending disposition; bail; places of detention A. At the conclusion of the hearing if the child has been adjudicated delinquent, the court shall consider whether the child should be released or held in custody pending a disposition hearing. B. If the adjudication was based upon a misdemeanor-grade delinquent act, the child […]
