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Terms Used In Louisiana Children's Code 1283.5

  • Department: means the Louisiana Department of Children and Family Services. See Louisiana Children's Code 1281.3
  • Foreign orphan: means a child living in a Non-Hague Convention country (a) who is under the age of sixteen at the time a Form I-600, Petition to Classify Orphan as an Immediate Relative, is filed on his behalf and who is found by the Department of State or United States Citizenship and Immigration Services to meet the definition of "orphan" under Section 101(b)(1)(F) of the Immigration and Nationality Act (8 USC 1101(b)(1)(F)); or (b) who is under the age of eighteen and is a biological sibling of a child previously adopted by the same applicant(s) who is petitioning on his behalf. See Louisiana Children's Code 1281.3

A.  The department shall investigate the proposed adoption  of the foreign orphan and submit a confidential report of its findings to the court.  The findings shall include:

(1)  The conditions with respect to the availability of the child for adoption.

(2)  The physical and mental condition of the child.

(3)  Other factors regarding the suitability of the child for adoption in petitioner’s home.

(4)  The moral and financial fitness of the petitioner.

(5)  The conditions of the proposed adoptive home with respect to health, adjustment, and other advantages or disadvantages to the child.

B.  The department may delegate the performance of this investigation to a licensed private adoption agency, but the department remains responsible for ensuring the accuracy and thoroughness of the resulting report and for the safety and welfare of the child.  The department shall adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement this authorization in accordance with the Administrative Procedure Act.

Acts 1999, No. 1268, §1.