CHAPTER 8. PETITIONS; SERVICE; SUMMONS Art. 631. Authority to file petition; custody A. A child in need of care proceeding shall be commenced by petition filed by the district attorney. The Department of Children and Family Services, when authorized by the court, may file a petition if there are reasonable grounds to believe that the […]
Art. 632. Time for filing of petition; child in custody A. If a child is continued in custody prior to adjudication, or if a protective order is issued, a petition requesting that the child be adjudicated in need of care shall be filed within thirty days of the hearing to determine continued custody. If the […]
Art. 633. 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. 634. Contents of 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 current […]
Art. 635. Amendment of petition A. The petitioner may amend the petition at any time to cure defects of form, imperfection, omission, or uncertainty. B. Prior to the adjudication hearing, the petitioner may amend the petition to include new allegations of fact or requests for adjudication. C. On motion of the child or parent that […]
Art. 635.1. 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 2014, No. […]
Art. 636. Summons When the petition is filed, the court shall issue a summons commanding the child, his resident parents, and such other persons as the court deems proper, to appear before the court at a designated time and place. The summons shall command the parents to appear to answer the petition at a designated […]
Art. 637. Failure to appear as summoned If a properly served person fails to appear in response to a summons, the court may order that such person be taken into custody and immediately brought before the court. Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
Art. 638. 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 639, shall be served, in a sealed envelope, upon every parent of the child. A copy of the petition and the notice of […]
Art. 639. Notice of nature of proceedings; parental rights; form The following notice shall be served with a petition and summons on every parent whose child is the subject of a child in need of care proceeding: “NOTICE Louisiana law provides that the health, welfare, and safety of your child or children are of paramount […]
Art. 640. 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. 641. Service and return; nonresident parent A. If a parent does not reside within this state, service of the petition and notice, and summons if issued by the court, shall be made not less than five days prior to commencement of the adjudication hearing on the matter by any of the following means: (1) […]
Art. 642. Effect of nonappearance by a parent If it appears from the record that the parent has been served in accordance with Article 640 or 641 and summoned to any hearing, and the parent fails to appear at the hearing, then the court shall permit the hearing to be held in the parent’s absence […]
Art. 643. Service; absentee or unidentified parent; curator ad hoc A. If the parent against whom a proceeding is instituted cannot be served in accordance with Article 640 or 641, the court shall appoint an attorney at law as curator ad hoc for the parent and service shall be made upon the curator ad hoc. […]
Art. 644. 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. 645. Department of Children and Family Services to provide information concerning the parents’ location; cooperation of the department A. Notwithstanding any other provision of the law to the contrary, the department shall obtain and provide to the district attorney with any request for a petition all available information pertinent to the location of every […]
