Louisiana Children’s Code 1563 – Declaratory judgment; appeal
Terms Used In Louisiana Children's Code 1563
- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Chambers: A judge's office.
- Child: means a person under eighteen years of age who has not been judicially emancipated under Civil Code Article 385 or emancipated by marriage under Civil Code Articles 379 through 384. See Louisiana Children's Code 1552
- Declaration: means a written and witnessed document voluntarily made by the declarant, authorizing the withholding or withdrawal of life-sustaining procedures for a child, in accordance with the requirements of this Chapter. See Louisiana Children's Code 1552
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. An action seeking a declaratory judgment may be brought by any parent, guardian, physician, or hospital in the juvenile court in the parish in which the child is present or is domiciled for the purposes of resolving any issue arising out of a dispute whether certain medical care or treatment should be extended in accordance with this Chapter.
B. An attorney shall be appointed to represent the child in all trial and appellate proceedings.
C. This proceeding shall be heard in chambers, confidentially and within forty-eight hours of the filing thereof.
D. Before entering any judgment approving the refusal or discontinuance of any medical or surgical care for a child, the court must find by clear and convincing evidence that the requirements of Article 1554 have been met.
E. Any appeal or application for writs to review the juvenile court’s judgment in any appellate court shall be heard in chambers, confidentially and within forty-eight hours of the filing thereof.
F. Nothing in this Article shall be construed to require any court proceeding when a declaration authorized by Article 1557 has been executed or when the parent and the child’s physician agree concerning the child’s care, consistent with the requirements of this Chapter.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.