Louisiana Children’s Code 1515 – Petition; contents; form
Terms Used In Louisiana Children's Code 1515
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Legal custody: means a legal status created by court order that vests in a custodian the right to have physical custody of the child and the right and duty to protect, train, and discipline and to provide food, shelter, education, and ordinary medical care, all subject to any residual parental rights and responsibilities. See Louisiana Children's Code 1511
- Physical custody: means the duty and authority to provide care for a child in the home of the custodian. See Louisiana Children's Code 1511
- Voluntary transfer of custody: is a parent's knowing and voluntary relinquishment of legal custody to an agency, institution, or individual, subject to residual parental rights retained by the parent and under such terms and conditions that enable the child to receive adequate care and treatment. See Louisiana Children's Code 1511
A. A petition for voluntary transfer of custody shall set forth specifically:
(1) The name and address of all parents and legal custodians.
(2) An affirmation that the parents are knowingly and voluntarily transferring custody.
(3) The full name and date of birth of the child whose custody is sought to be transferred.
(4) The factual basis for the transfer of custody.
(5) The nature, duration, and extent of the transfer of custody, including any terms and conditions.
(6) The name and address of the agency, institution, or individual to whom the child is sought to be transferred and the relationship, if any, to the child.
(7) Whether the Department of Children and Family Services has recommended a petition for voluntary transfer of custody be filed.
(8) Whether the child is an Indian child.
B. The form for the petition shall be as follows:
“PETITION FOR VOLUNTARY TRANSFER OF CUSTODY
The petition of_______ (all legal custodians of the child unless otherwise indicated in Paragraph III of the petition), domiciled in the parish of _______, respectfully represent(s):
I.
That petitioner(s) reside at the following address(es):
________________________________________________________________________
________________________________________________________________________
II.
That petitioner(s) is/are the parent(s) and legal custodian(s) of the minor child(ren), namely _______________________________, whose date of birth is ______________ (add same information for all children subject to the petition), as more fully appears from the attached certificate(s) of birth.
Is the child an Indian child?
____ ____
Yes No
III.
That there are no other legal custodians of the child(ren) OR that a legal custodian, namely _______________________, is unable to join in this petition for the following reasons:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
IV.
That petitioner(s) desire(s) to knowingly and voluntarily transfer custody of the above named children to ____________________________, which individual(s), institution or agency reside(s) at the following address:
________________________________________________________ and who have the following relationship with the children:
________________________________________________________________________
________________________________________________________________________.
V.
That petitioner(s) desire to transfer physical custody OR legal custody of the person of the children (indicate one) for the period of time ______________(specify intended duration) in accordance with the following terms and conditions ________________________________________________________________________
________________________________________________________________________
(may include provisions for support and/or visitation).
VI.
That petitioners desire this transfer of custody for the following reasons: ________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_________________________________________________________________________
________________________________________________________________________.
Has the Department of Children and Family Services recommended to you that this petition be filed?
________ _______
Yes No
If yes, state name of the Department of Children and Family Services worker making the recommendation and the reasons for the recommendation with particularity.
If the department has recommended that this petition be filed, you have a right to counsel. Have you consulted with an attorney?
________ _______
Yes No
VII.
That ________________________ has/have agreed to and does/do desire to accept custody of the child(ren) to the extent and under the terms and conditions stated in this petition, as more fully appears in the attached Affidavit of Acceptance.
WHEREFORE, petitioner(s) pray(s) that there be judgment herein transferring custody of the child(ren), _______________, _____________, ________________, ________________, to ________________________, to the extent and under the terms and conditions set forth in this petition.
________________________________
(Signature and address of Petitioner(s))
or counsel for Petitioner(s)
(If in proper person, petition should be signed in presence of a notary.)
SWORN TO AND SUBSCRIBED BEFORE ME ON THIS THE _____ DAY OF ___________________, 20 ___.
____________________________
NOTARY PUBLIC”
C. The petitioner shall inform the court if he subsequently discovers information indicating that the child is an Indian child.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2010, No. 266, §1; Acts 2011, No. 128, §1; Acts 2018, No. 296, §1.