Louisiana Children’s Code 304 – Transfer of child adjudicated in another state for disposition
Terms Used In Louisiana Children's Code 304
- 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.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
A.(1) Upon request of a court of another state, a court of this state shall accept jurisdiction of a child provided both the following occur:
(a) The child is about to become a resident of or is domiciled in the parish.
(b) The child has been adjudicated in the other state under circumstances which would confer jurisdiction in this state.
(2) The request shall include a certified copy of the judgment of the requesting court and a copy of the record.
B. The order of adjudication of the requesting state is not subject to attack.
C. Within fourteen days of receiving such request, the court shall determine whether the conditions of transfer are met. If the conditions of transfer have not been met, the court shall immediately advise the requesting court in writing. If the conditions of transfer are met, the court shall immediately issue written notice of its intent to accept jurisdiction of the child.
D. Upon receipt of an order of the requesting court transferring jurisdiction of the child, the court shall direct its probation officer or other person to take custody of the child or otherwise provide for his appearance before the court.
E. Upon acceptance, the court shall promptly hold a hearing to determine the proper disposition. The disposition hearing and judgment of disposition shall be in accordance with the provisions of this Code.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992.