Art. 1017. Petition

CHAPTER 6. PREHEARING PROCEDURE Art. 1017. Petition A proceeding under this Title shall be commenced by petition. Acts 1991, No. 235, §10, eff. Jan. 1, 1992.

Art. 1018. Form of petition

Art. 1018. Form of petition A. The petition shall contain a caption setting forth the name of the court and the title of the action. The petition shall be entitled, "The State of Louisiana in the Interest of…". B. Allegations of fact shall be simple, concise, and direct and shall be set forth in numbered […]

Art. 1019. Contents of the petition

Art. 1019. Contents of the petition A. The petition shall set forth with specificity: (1) The name, date, and place of birth, sex, race, and address of the child. If the child is in a foster home, the identification of the parish in which he resides shall suffice for his address. (2) The name and […]

Art. 1019.1. Notice to counsel

Art. 1019.1. Notice to counsel Upon the filing of the petition, the court shall provide notice and a copy of the petition to the entity designated for the jurisdiction to provide counsel for the child in accordance with Article 607 and to the entity representing indigent parents in accordance with Article 608. Acts 2022, No. […]

Art. 1019.2. Service of petition; parent; child

Art. 1019.2. Service of petition; parent; child A copy of the petition and the notice of the nature of the hearing and the rights of the parent, as provided for in Article 1020, shall be served, in a sealed envelope, upon every parent of the child. A copy of the petition and the notice of […]

Art. 1020. Notice of right to counsel and effect of termination judgment; form

Art. 1020. Notice of right to counsel and effect of termination judgment; form Notice shall be issued by the clerk and served, together with a copy of the petition, on every parent against whom a proceeding is instituted under this Title and shall state: "NOTICE Louisiana law provides that you can permanently lose your rights […]

Art. 1021. Service and return; child; resident parent; counsel

Art. 1021. Service and return; child; resident parent; counsel A. For a child, through counsel, and for a parent who resides within the state, service of the petition, summons, and notice shall be made as soon as possible, and not less than fifteen days prior to commencement of the adjudication hearing on the matter, by […]

Art. 1022. Service; nonresident parent

Art. 1022. Service; nonresident parent If a parent against whom a proceeding is instituted does not reside within this state, service of citation shall be made by registered or certified mail to the address indicated in the petition, return receipt required, not less than five days prior to commencement of the hearing on the matter. […]

Art. 1023. Service; absentee parent; unidentified father

Art. 1023. Service; absentee parent; unidentified father A. If the parent against whom a proceeding is instituted cannot be served in accordance with either Article 1021 or 1022, the court shall appoint an attorney at law as curator ad hoc for the parent and service of citation shall be made upon the curator ad hoc. […]

Art. 1024. Duties of curator ad hoc

Art. 1024. Duties of curator ad hoc A. The curator ad hoc shall make a diligent effort to locate the parent and notify him of the pendency and nature of the proceedings. Such notice shall include: (1) The allegations made against the parent. (2) The right of the parent to appear at the hearing, to […]

Art. 1024.1. Termination of parental rights, payment of transportation costs

Art. 1024.1. Termination of parental rights, payment of transportation costs A. The parish or municipality in which a termination of parental rights proceeding is held shall reimburse the transporting sheriff for the expenses incurred in transporting the incarcerated parent to and from the termination of parental rights proceeding and any other related proceeding at which […]

Art. 1025. Duty of department to provide information concerning the parent’s location

Art. 1025. Duty of department to provide information concerning the parent’s location A. Notwithstanding any provision of the law to the contrary, the department shall provide to the curator ad hoc all available information pertinent to the location of an absentee parent, including names and addresses of known relatives, within fifteen days of receipt of […]

Art. 1025.1. Appearance to answer petition

Art. 1025.1. Appearance to answer petition A. The court shall require the parent to appear in person to answer the petition within fifteen days after the filing of the petition. B. The court may also permit the parent to consent to judgment in accordance with Article 1025.2 or execute a surrender for adoption in accordance […]

Art. 1025.2. Stipulation; consent to judgment; resident, nonresident parents

Art. 1025.2. Stipulation; consent to judgment; resident, nonresident parents The parent whose rights are sought to be terminated may stipulate that the grounds alleged in the petition are true provided that all of the following occur: (1) He personally appears before the court. A parent who resides either in another parish or in another state […]

Art. 1025.3. Failure to appear at appearance to answer

Art. 1025.3. Failure to appear at appearance to answer A. If, after proper service, the parent fails to appear before the court to answer the petition as required by Article 1025.1(A), the court shall set the date for the termination of parental rights hearing as required by Article 1031. B. Notice of the hearing date […]

Art. 1025.4. Prehearing and scheduling conference; order

Art. 1025.4. Prehearing and scheduling conference; order A. At the appearance, on its own motion or on motion of counsel, the court shall direct counsel for the petitioner, for the parents, and for the child to appear before it for a conference to consider the following: (1) The consideration of alternatives to formal court proceedings […]