Louisiana Children’s Code 750 – Amendment of petition
Terms Used In Louisiana Children's Code 750
- 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
- Continuance: Putting off of a hearing ot trial until a later time.
A. Without leave of court, the court’s designate may amend the petition at any time prior to the adjudication hearing to add new names of agencies or institutions having the legal responsibility to provide services to the family or to delete the names of agencies or institutions named in the original petition.
B. The petitioner may amend the petition at any time to cure defects of form, imperfection, omission, or uncertainty.
C. Prior to the adjudication hearing, the petitioner may amend the petition to include new allegations of fact or requests for adjudication.
D. Prior to the adjudication hearing, the petitioner may dismiss the family in need of services petition and instead file a petition which alleges delinquency pursuant to Title VIII of this Code or that a child is in need of care pursuant to Title VI of this Code.
E. On motion of the child or parent that he has been prejudiced in his defense on the merits by defect of form, imperfection, omission, or uncertainty, the court may grant a continuance for a reasonable time. In determining whether the child or parent has been prejudiced in his defense upon the merits, the court shall consider all circumstances of the case and the entire course of the proceedings.
Acts 1991, No. 235, §7; Acts 2021, No. 270, §1.