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Louisiana Children's Code Tit. VIII, Art. 856. Answer to petition

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

A. After the child has been advised pursuant to Article 855, the court shall inquire how the child responds. The child may:

(1) Deny the allegations of the petition, in which case the court shall set the matter for an adjudication hearing.

(2) Deny the allegations of the petition and contest the request for adjudication due to insanity as defined in this Title, in which case the court shall not adjudicate the child without a hearing, at which time the child has the burden of establishing this defense.

(3) Admit the allegations of the petition, in which case the court shall further inquire to determine whether there is a factual basis for adjudication. If so, the court may then adjudicate the child delinquent.

(4) With the court's permission, enter a response of nolo contendere. If, in its discretion, the court accepts such response, the court shall further inquire to determine whether there is a factual basis for adjudication, and it may then adjudicate the child delinquent.

B. A child shall plead when called upon to answer. If he stands mute, refuses to plead, or pleads evasively, a denial of the petition shall be entered of record.

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Cite this article: FindLaw.com - Louisiana Children's Code Tit. VIII, Art. 856. Answer to petition - last updated January 01, 2023 | https://codes.findlaw.com/la/childrens-code/la-ch-code-tit-viii-art-856/

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