Louisiana Children’s Code 698 – Presence at case review
Terms Used In Louisiana Children's Code 698
- Administrative review body: means a panel of appropriate persons, at least one of whom is not responsible for the case management of or delivery of services to either the child or the parents who are the subject of the review, including the citizen review boards, state hearing examiners, special department reviewers, or department personnel. See Louisiana Children's Code 603
- Case review hearing: means a review hearing by a court or administrative review body for the purpose of determining the continuing necessity for and appropriateness of the child's placement, to determine the extent of compliance with the case plan, to determine the extent of progress which has been made toward alleviating or mitigating the causes necessitating placement, and to project a likely date by which the child may be permanently placed. See Louisiana Children's Code 603
- Child: means a person under eighteen years of age who, prior to juvenile proceedings, has not been judicially emancipated under Civil Code Article 366 or emancipated by marriage under Civil Code Article 367. See Louisiana Children's Code 603
- Person: means any individual, partnership, association, agency, or corporation, and specifically shall include city, parish, or state law enforcement agencies, and a parish or city school board or a person employed by a parish or city school board. See Louisiana Children's Code 603
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
A. All parties, foster parents, adoptive parents, and relatives providing care for the child, authorized officers of the court as designated by the judge, agency representatives as designated by the state, court-appointed special advocate (CASA) volunteer, the witness under examination, and the judge or administrative review body may be present at a case review hearing. The court or administrative review body shall not admit any other person unless the court has determined that the person has a proper interest in or is necessary to the proceedings.
B. On its own motion or the motion of any party, the court or administrative review body may order that witnesses, other than parties, be excluded from the courtroom and refrain from discussing the facts of the case with anyone other than counsel in the case. On its own motion the court or administrative review body may, and on the request of a party the court shall, order that the witnesses, other than parties, be excluded from the courtroom or from a place where they can see or hear the proceedings, and refrain from discussing the facts of the case with anyone other than counsel in the case. In the interest of justice, the court may exempt any witness from its order.
C. Prior to the commencement of the hearing, the court shall determine whether it is in the child’s best interest for the child to remain in the courtroom during the testimony of the witnesses.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 764, §1.