Louisiana Children’s Code 710 – Order; appeal
Terms Used In Louisiana Children's Code 710
- 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.
- Child: means a person under eighteen years of age who, prior to juvenile proceedings, has not been judicially emancipated under Civil Code Article 366 or emancipated by marriage under Civil Code Article 367. See Louisiana Children's Code 603
- Department: means the Department of Children and Family Services. See Louisiana Children's Code 603
- 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.
- Person: means any individual, partnership, association, agency, or corporation, and specifically shall include city, parish, or state law enforcement agencies, and a parish or city school board or a person employed by a parish or city school board. See Louisiana Children's Code 603
- Reasonable efforts: means the exercise of ordinary diligence and care by the department throughout the pendency of a case pursuant to the obligations imposed on the state by federal and state law to provide services and supports designed and intended to prevent or eliminate the need for removing a child from the child's home, to reunite families after separation, and to achieve safe permanency for children. See Louisiana Children's Code 603
- Relative: means an individual with whom the child has established a significant relationship by blood, adoption, or affinity. See Louisiana Children's Code 603
A. In a written judgment, the court shall make findings of fact regarding:
(1) Whether the child can safely return to the custody of the parent, and shall order return of custody to the parent if it is safe to do so.
(2) The permanent plan that is most appropriate and in the best interest of the child in accordance with the priorities of Article 702 (C).
(3) Except as otherwise provided in Article 672.1, whether the department has made reasonable efforts, as defined in Article 603, to reunify the parent and child or to finalize the child’s placement in an alternative safe and permanent home in accordance with the permanent plan.
(4) Whether an out-of-state placement is safe, appropriate, and otherwise in the best interest of the child.
(5) For children whose permanent plan is placement in the least restrictive, most family-like alternative permanent living arrangement, why, as of the date of the hearing, the plan is the best permanency plan for the child and provide compelling reasons why it continues to not be in the best interest of the child to return home, be placed for adoption, be placed with a legal guardian, or be placed with a suitable relative.
B. The court may enter orders as are needed and appropriate to facilitate the timely achievement of each child’s permanent plan, including the filing of a certification for adoption petition.
C. An extract of minutes of court specifying the information in Paragraph A of this Article and signed by the court shall be considered a written judgment.
D. Any person directly affected may appeal the findings or orders of the court rendered pursuant to this Article or Article 716.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2001, No. 567, §1; Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2022, No. 272, §1.