Sections
Subpart A Minor’s Consent; Miscellaneous Provisions 40:1079.1 – 40:1079.3
Subpart B Preventive Alcoholism and Addiction Counseling and Treatment for Alcohol or Drug Abuse for Minor Children 40:1079.11 – 40:1079.18

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Terms Used In Louisiana Revised Statutes > Title 40 > Chapter 5-A > Part V - Minor's Consent to Medical Treatment and Related Procedures

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appointing authority: means any official, officer, board, commission, council, or person having the power to make appointments to positions in the municipal fire and police services. See Louisiana Revised Statutes 33:2473
  • Appointment: means the designation of a person, by due authority, to become an employee in a position, and his induction into employment in the position. See Louisiana Revised Statutes 33:2473
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Board: means the municipal fire and police civil service board. See Louisiana Revised Statutes 33:2473
  • Child: means an unmarried individual under the age of eighteen. See Louisiana Revised Statutes 40:1079.12
  • Classification plan: means all the classes of positions established for the classified service. See Louisiana Revised Statutes 33:2473
  • Classified service: means every appointive office and position of trust or employment in the municipal government which has as its primary duty one of the functions specifically set forth to be included in the classified service by the provisions of this Part; and excludes all elective and appointive offices and positions of trust or employment which have a primary duty specifically set forth to be included in the unclassified service by the provisions of this Part. See Louisiana Revised Statutes 33:2473
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Contract: A legal written agreement that becomes binding when signed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Departmental service: means employment in the public services offered and performed separately by the fire and by the police departments of the municipality. See Louisiana Revised Statutes 33:2473
  • Eligible: means a person whose name is on a list. See Louisiana Revised Statutes 33:2473
  • Employee: means a person legally occupying a position. See Louisiana Revised Statutes 33:2473
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Facility: means an entity licensed by the Louisiana Department of Health that provides a broad range of diagnostic, treatment, and rehabilitation services on both a scheduled and nonscheduled basis in an accessible residential or nonresidential setting by qualified professionals to persons and their families in need of counseling or treatment related to alcohol abuse and alcoholism, or drug abuse, or both. See Louisiana Revised Statutes 40:1079.12
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • list: means a reinstatement employment list, a promotional employment list, a competitive employment list, and a reemployment list. See Louisiana Revised Statutes 33:2473
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • permanent employee: means an employee who has been appointed to a position in the classified service in accordance with this Part after completing his working test period. See Louisiana Revised Statutes 33:2473
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Position: means any office and employment in the municipal fire and police services, the duties of which call for services to be rendered by one person. See Louisiana Revised Statutes 33:2473
  • preventive counseling: means services, general guidance and support, or service coordination, including but not limited to individual and group counseling, support services, and education about alcohol and other drugs and their effects, which are provided by a qualified professional to prevent a child from developing or suffering from alcoholism, alcohol or drug addiction, alcohol or drug abuse, or related physical, emotional, or mental health problems. See Louisiana Revised Statutes 40:1079.12
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Promotion: means a change of an employee in the classified service from a position of one class to a position of a higher class which generally affords increased responsibilities and pay. See Louisiana Revised Statutes 33:2473
  • promotion list: means an employment list containing the names of eligible persons established from the results of promotion tests given for a particular class of positions which is not specifically required by this Part to be established from the results of a competitive test. See Louisiana Revised Statutes 33:2473
  • Promotion test: means a test for positions in a particular class which is not specifically required by this Part to be filled by competitive tests, admission to which is limited to regular employees of the next lower class, or the next lower classes when authorized by the rules, in the classified service. See Louisiana Revised Statutes 33:2473
  • Promotional seniority: means the total cumulative employment in a class of positions of the next lower class from which a promotion is to be made. See Louisiana Revised Statutes 33:2473
  • Qualified professional: shall include :

                (a) A certified substance abuse counselor or certified prevention counselor. See Louisiana Revised Statutes 40:1079.12

  • Reemployment list: means an employment list for the entrance or lowest ranking class in the classified service, or in any group of classes as may have been grouped in the classification plan, containing names of regular employees who have been laid off under the "lay off" provisions of this Part. See Louisiana Revised Statutes 33:2473
  • reinstatement list: means an employment list containing names of persons eligible for reinstatement in positions of a class from which they have been demoted for reasons other than disciplinary action. See Louisiana Revised Statutes 33:2473
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • School: means any public elementary or secondary school in the state of Louisiana operated by a city or parish school board or any nonpublic school approved by the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 40:1079.12
  • Seniority: means the following:

                (a) "Departmental seniority" means the total employment computed for an employee beginning with the last date on which he was regularly and permanently appointed and has worked continuously to and including the date of computation. See Louisiana Revised Statutes 33:2473

  • Statute: A law passed by a legislature.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Treatment: means an active effort to accomplish an improvement in the mental condition or behavior of a child or to prevent deterioration in his condition or behavior as it relates to drug or alcohol abuse. See Louisiana Revised Statutes 40:1079.12
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.