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Current as of January 01, 2023 | Updated by Findlaw Staff
A. If parental capacity is questioned by the counselor providing pre-surrender counseling as provided in Article 1120(C), a surrender may not be executed unless authorized by the court pursuant to one of the following:
(1) Review of further evaluative information as recommended in Article 1120(C) and a finding that such evaluation provides sufficient support of the parent's ability to understand the nature and consequences of the act of surrender.
(2) After a hearing and consideration of all available information and the questioning of the parent, the court finds that the parent sufficiently understands the nature and consequences of the act of surrender.
B. The court's findings shall be made in writing and the surrender shall be executed only upon order by the court.
Cite this article: FindLaw.com - Louisiana Children's Code Tit. XI, Art. 1130.1. Authority of the court to determine parental capacity - last updated January 01, 2023 | https://codes.findlaw.com/la/childrens-code/la-ch-code-tit-xi-art-1130-1/
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.
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