LOUISIANA CHILDREN’S CODE TITLE I GENERAL PROVISIONS Art. 100. Short title; citation of Code This Code shall be known as the "Louisiana Children’s Code" and may be officially cited: Ch.C. Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
Art. 101. Preamble The people of Louisiana recognize the family as the most fundamental unit of human society; that preserving families is essential to a free society; that the relationship between parent and child is preeminent in establishing and maintaining the well-being of the child; that parents have the responsibility for providing the basic necessities […]
Art. 102. Purpose and construction The provisions of this Code shall be liberally construed to the end that each child and parent coming within the jurisdiction of the court shall be accorded due process and that each child shall receive, preferably in his own home, the care, guidance, and control that will be conducive to […]
Art. 103. General applicability Except as otherwise specified in any Title of this Code, the provisions of the Children’s Code shall be applicable in all juvenile court proceedings, and only to such proceedings. Acts 1991, No. 235, §1, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
Art. 103.1. Applicability of Indian Child Welfare Act A. The provisions of the federal Indian Child Welfare Act and the regulations promulgated thereunder supersede the Children’s Code whenever the outcome of an involuntary or voluntary proceeding may result in the removal of an Indian child from a parent under circumstances in which the parent cannot […]
Art. 104. Applicability of Code of Criminal Procedure; Code of Civil Procedure Where procedures are not provided in this Code, or otherwise by law, the court shall proceed in accordance with: (1) The Code of Criminal Procedure in a delinquency proceeding and in a criminal trial of an adult. (2) The Code of Civil Procedure […]
Art. 105. Applicability of Code of Evidence Except as otherwise specially provided by this Code, the rules of evidence applicable to juvenile adjudication hearings in nondelinquency proceedings are those provisions of the Louisiana Code of Evidence applicable to civil cases. The rules of evidence applicable to delinquency proceedings and criminal trials of adults are those […]
Art. 106. Number, gender Unless the context clearly indicates otherwise: (1) Words used in the singular number apply also to the the plural; words used in the plural number include the singular. (2) Words used in one gender apply also to the other. Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
Art. 107. Mandatory and permissive language The word "shall" is mandatory, and the word "may" is permissive. Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
Art. 108. Conjunctive, disjunctive, or both Unless the context clearly indicates otherwise: (1) The word "and" indicates the conjunctive. (2) The word "or" indicates the disjunctive. (3) When the Article is phrased in the disjunctive, followed by the words "or both", both the conjunctive and disjunctive are intended. Acts 1991, No. 235, §1, eff. Jan. […]
Art. 109. Assistants and deputies included Unless the context clearly indicates the contrary, official titles, such as clerk of court, district attorney, and sheriff, include assistants and deputies. Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
Art. 110. References to code articles or statutory sections Unless the context clearly indicates the contrary: (1) A reference in this Code to a Title, Chapter, or Article without further designation, means a Title, Chapter, or Article of this Code. (2) A reference in this Code to an Article of a Code or to a […]
Art. 111. Article headings and comments not part of law The headings of the Articles of this Code and any comments thereto are for convenient reference and do not constitute parts of the law. Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
Art. 112. Clerical and typographical errors disregarded Clerical and typographical errors in this Code shall be disregarded when the legislative intent is clear from the context in which the provision or word is found. Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
Art. 113. Pleading a statute or ordinance In the course of any proceeding under this Code, when pleading a statute of Louisiana or an ordinance of a political subdivision thereof, a statute of another state of the United States, or a federal statute, or a right derived therefrom, it is sufficient to refer to the […]
Art. 114. Computation of time A. In computing a period of time allowed or prescribed by law or by order of court, the date of the act, event, or default after which the period begins to run is not to be included. The last day of the period is to be included, unless it is […]
Art. 115. Oath or affirmation in juvenile proceedings A. Witnesses shall swear or affirm to speak the truth and nothing but the truth. B. A child witness need not be placed under oath or be required to make an affirmation if the court can otherwise assure that the child understands his obligation to speak the […]
Art. 116. Definitions Except where the context clearly indicates otherwise, these definitions apply for the following terms used throughout this Code: (1) “Act” includes a failure or omission to perform a legal duty. (2) “Capital offense” means an offense that may be punished by death. (2.1) “CASA program” means a court-appointed special advocate program established […]
