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Louisiana Children's Code Tit. VI, Art. 682. Removal of a child from parental custody or control

Current as of January 01, 2023 | Updated by Findlaw Staff

A. The court shall not remove a child from the custody of the parent unless continuation in the home would be contrary to the health, welfare, and safety of the child and the health, welfare, and safety of the child cannot, in the opinion of the court, be adequately secured without removal. Except as otherwise provided in Article 672.1, in support of any disposition removing a child from the parental home, the court shall determine whether the department has made reasonable efforts to prevent or eliminate the need for removal of the child and, after removal, to reunify the parent and child or to finalize placement in an alternative safe and permanent home in accordance with the permanent plan including, if appropriate, through an interstate placement. The health, welfare, and safety of the child shall be the paramount concern in the court's consideration of removal. The department shall have the burden of demonstrating reasonable efforts.

B. If the court concludes that the child is to be removed from the custody of the parent, the court shall do all of the following:

(1) Inform the parents about the case review and permanency review procedure, as provided for in Chapters 15 and 16 of this Title.

(2) Inform the parents that it is their obligation to cooperate with the department, comply with the requirements of the case plan, including their duty to keep the department apprised of their current address, and correct the conditions requiring the child to be in care.

(3) Inform the parents that a petition to terminate their parental rights may be filed based upon their failure to comply with the requirements of the case plan, failure to make significant measurable progress toward achieving case plan goals and to correct the conditions requiring the child to be in care, or on any other ground authorized by Article 1015.

(4) Inform the parties and all persons before the court that it is their continuing responsibility to notify the department and the court in writing regarding the whereabouts, including address, cellular number, telephone number, and any other contact information, of an absent parent and the identity and whereabouts, including address, cellular number, telephone number, and any other contact information, of any suitable relative or other suitable individual willing and able to offer a stable and safe home for the child.

(5) Inform the parties and all persons before the court of their continuing responsibility to support the achievement of timely permanency for the child and further direct all individuals to advise the department and the court in writing of the whereabouts, including the address, cellular number, telephone number, and any other contact information, of all grandparents, all parents of a sibling where the parent has legal custody of the sibling, and all other adult relatives of the child.

(6) Inform the parents of their obligation to support their child, including their obligation to contribute to the care and treatment of their child as provided in Article 685.

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Cite this article: FindLaw.com - Louisiana Children's Code Tit. VI, Art. 682. Removal of a child from parental custody or control - last updated January 01, 2023 | https://codes.findlaw.com/la/childrens-code/la-ch-code-tit-vi-art-682/

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