CHAPTER 4. PREADJUDICATION CUSTODY AND RELEASE OF CHILDREN Art. 733. Instanter orders of custody A. A peace officer, probation officer, district attorney, or other person designated by the court may file a verified complaint alleging facts showing that there are reasonable grounds to believe that the family is in need of services and that emergency […]
Art. 733.1. Stop of child absent from school; transportation to school facility A. In addition to the authority provided in Article 736, a peace officer, probation officer, or school attendance officer may briefly detain any child from the age of seven through sixteen whom the officer reasonably believes to be absent from school during normal […]
Art. 734. Oral instanter orders A. In exceptional circumstances, the facts supporting the issuance of an instanter order and the exceptional circumstances may be relayed orally, including telephonically, to the judge and his order directing that a child be taken into custody may be issued orally. B. In such cases, an affidavit containing the information […]
Art. 735. Taking child into custody with a court order A. The court may issue an order directing that a child be taken into custody upon presentation to the court of a written verified complaint by a peace officer, probation officer, district attorney, or other person designated by the court alleging facts showing that there […]
Art. 736. Taking child into custody without a court order A. A peace officer or probation officer of the court may take a child into custody without a court order if he has reasonable grounds to believe that the child’s family is in need of services and that the child’s conduct or surroundings are such […]
Art. 736.1. Immunity Any law enforcement officer acting in good faith upon the request of a parent or guardian, exercising due care in the taking into custody a runaway child, or providing assistance thereto, pursuant to the provisions of this Title shall have immunity from any civil liability that otherwise might be incurred or imposed […]
Art. 737. Place of prehearing placement upon a taking into custody A. When taken into custody, the child shall be placed in the least restrictive prehearing placement consistent with the child’s need for protection or control, in the following order of priority: (1) The home of a relative who is of the age of majority […]
Art. 738. Release from custody A. As soon as practicable after a child is received by a shelter care facility or a secure detention facility, the court or a probation officer employed and authorized by the court, upon determining it to be appropriate, shall release the child to the care of his parents or other […]
Art. 739. Continued custody hearing; time limitations A. If the child is not released to the care of his parents, a hearing shall be held by the court within three days after the child’s entry into custody. The hearing may be continued for up to three additional days upon motion and with good cause shown. […]
Art. 740. Advice of rights A. At the continued custody hearing, the court shall advise the parents and the child, in terms understandable by the child, of: (1) The nature of the proceedings. (2) The nature of the allegations. (3) The informal family services plan procedure. (4) The right to an adjudication hearing. (5) The […]
Art. 741. Grounds for continued custody The court may authorize the continued custody of a child prior to adjudication if there are reasonable grounds to believe that the child is in need of services and that continued custody is necessary for his protection or control. Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.
Art. 742. Place of continued custody A. Following the hearing required by Article 739, the court shall order the least restrictive preadjudication placement consistent with the child’s need for protection or control as authorized by Article 737(A)(1) through (3). B. The court may detain the child in a secure detention facility for up to twenty-four […]
CHAPTER 4. PREADJUDICATION CUSTODY AND RELEASE OF CHILDREN Art. 812. Taking child into custody A. A child may be taken into custody pursuant to an order of the court under this Title or pursuant to the laws governing arrest. B. The taking of a child into custody is not an arrest, except for the purpose […]
Art. 813. Taking child into custody with a court order; filing of verified complaint; execution A. The court may issue an order directing that a child be taken into custody upon presentation to the court of a written statement of facts sworn to before an officer authorized by law to administer oaths, by a peace […]
Art. 814. Taking child into custody without a court order; duties of the officer; duties of the court A. A child may be taken into custody without a court order or warrant by a peace officer or probation officer if the officer has probable cause to believe that the child has committed a delinquent act. […]
Art. 815. Child taken into custody; place of detention A.(1) The peace officer or an appropriate representative of the arresting agency shall have the authority and responsibility to transport the child to the appropriate place of detention as specified in this Article, unless the child has been released to the care of his parents pursuant […]
Art. 815.1. Alternative to detention programs A. Each judicial district or parish may develop a program or programs to serve as alternatives to secure detention of a child. Such program shall be used only for a child taken into custody for the commission of a delinquent act who is not released pursuant to Article 814. […]
Art. 816. Record of detention center; access A. Every juvenile detention center shall maintain a permanent record of certain information as to each child received. The record shall include: (1) The child’s name, age, sex, race, and address. (2) The reason the child is being taken into custody. (3) The date and time of the […]
Art. 817. Release from custody A. As soon as practicable after a child is received by a juvenile detention center or shelter care facility, the court or an individual or entity authorized by the court to make the determination, shall, upon determining it to be appropriate, release the child to the care of his parents […]
Art. 818. Identification procedures A. A child may be photographed or fingerprinted in connection with being taken into custody for the commission of either: (1) A felony-grade delinquent act. (2) A misdemeanor-grade delinquent act. B. Upon motion of the district attorney, the court in its discretion can order any child to submit to other reasonable […]
