CHAPTER 3. CONFIDENTIALITY OF RECORDS; DUTIES OF COURT CLERKS; DISCLOSURE PROCEEDINGS Art. 1007. Court records of proceedings A. All records and reports which result from proceedings held pursuant to the provisions of this Title are confidential and shall not be disclosed except as otherwise provided by this Chapter, by Chapter 7 of this Title, or […]
Art. 1008. Duties of court clerks The clerks of the courts having proper jurisdiction over proceedings under this Title shall keep separate indices of all suits filed in accordance with this Title and shall index such suits in the name of the parents and in the name of the child. These records are subject to […]
Art. 1009. Disclosure of information in court records A. A child whose parent’s rights have been terminated and who has not been subsequently adopted may have access to the records of the termination of parental rights action as provided by Chapter 3 of Title IV. B. A child whose parent’s rights have been terminated and […]
Art. 1010. Petitions for disclosure The child or if still a minor, his legal representative on his behalf, may file a petition for disclosure of information pertaining to the termination of parental rights proceeding. The action shall be styled: "In re the termination of parental rights to____________________". Acts 1991, No. 235, §10, eff. Jan. 1, […]
Art. 1011. Grounds for disclosure The petition must show compelling necessity overriding the general policy of confidentiality for termination of parental rights records by demonstrating any of the following: (1) That there are inheritance rights which are or may be due from his biological parents under Civil Code Article 214. (2) That there is a […]
Art. 1012. Authority of the court Upon reviewing a petition for disclosure, the court may deny it for lack of a proper showing of compelling necessity. Before granting a petition, the court may appoint a curator ad hoc and shall set the petition for a hearing. Acts 1991, No. 235, §10, eff. Jan. 1, 1992; […]
Art. 1013. Duties of a curator ad hoc A. Upon appointment, the curator ad hoc shall be responsible for all of the following: (1) Securing all records pertaining to the petitioner’s request through subpoenas duces tecum or other discovery process, if necessary. (2) Reviewing all records pertaining to the termination of parental rights proceeding. (3) […]
Art. 1014. Orders of disclosure After hearing the petitioner, the court may order disclosure. Insofar as possible, an order disclosing information from the court’s own records or any records obtained by the curator ad hoc shall contain nonidentifying information about the biological family. If identifying information must be disclosed, the court may release such information […]
