Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2023 | Updated by Findlaw Staff
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 the order directing that a child be taken into custody or, upon request by the state, that an instanter safety plan order be implemented may be issued orally.
B. An affidavit containing the information previously relayed orally, including telephonically, shall be filed with the clerk of the court within twenty-four hours, and a written order shall be issued. The written order shall include the court's findings of fact supporting the necessity for the child's removal or the implementation of an instanter safety plan order and, if the child has been removed, shall determine the child's custodian in accordance with Article 619.
C. The affidavit filed after the child has been placed shall indicate whether the child was released to the child's parents or remains removed.
D. The department shall promptly notify the parents or caretaker of the nature of the allegations and, if the child is not released, of the time and place of the continued custody hearing.
E. If the court ordered the implementation of a safety plan, the department shall promptly notify the parents or caretaker of the nature of the allegations, the conditions of the safety plan, and the time and place of a continued safety plan order hearing.
Cite this article: FindLaw.com - Louisiana Children's Code Tit. VI, Art. 620. Oral instanter orders - last updated January 01, 2023 | https://codes.findlaw.com/la/childrens-code/la-ch-code-tit-vi-art-620/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)