Louisiana Children’s Code 749 – Contents of petition
Terms Used In Louisiana Children's Code 749
- Child: means a person under eighteen years of age who, prior to proceedings under this Title, has not been judicially emancipated or emancipated by marriage. See Louisiana Children's Code 728
A. The petition shall set forth with specificity:
(1) The name, date, and place of birth, sex, race, address, and present location of the child.
(2) The name, age, sex, race, and current address of the child’s parents and caretakers.
(3) The name, age, sex, and race of any other family members living within the child’s home.
(4) The name of any public institution or agency having the responsibility or ability to supply services alleged to be needed by the family.
(5) A statement as to whether the child is currently under the supervision of any state or local entity, including but not limited to, the Department of Children and Family Services or the Department of Public Safety and Corrections, youth services, or the office of juvenile justice.
(6) A statement as to whether the petitioner knows or has reason to know that the child is an Indian child and facts that support that statement.
B. If any of the information required by Paragraph A of this Article is unknown, the petition shall so allege. Any defects in the allegations required by Paragraph A of this Article shall be considered defects of form. The petitioner shall inform the court if he subsequently discovers information indicating that the child is an Indian child.
C. The petition shall aver one or more of the grounds set out in Article 730.
D. The petition shall also aver that all available and appropriate attempts to encourage voluntary use of community services by the family have been exhausted.
E. The petition shall conclude with a request that the court intervene to adjudicate the family to be in need of services.
Acts 1991, No. 235, §7; Acts 2012, No. 660, §1; Acts 2018, No. 296, §1.