Louisiana Children’s Code 712 – Sanctions for failure to comply with permanency planning requirements
Terms Used In Louisiana Children's Code 712
- 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
- Department: means the Department of Children and Family Services. See Louisiana Children's Code 603
- Reasonable efforts: means the exercise of ordinary diligence and care by the department throughout the pendency of a case pursuant to the obligations imposed on the state by federal and state law to provide services and supports designed and intended to prevent or eliminate the need for removing a child from the child's home, to reunite families after separation, and to achieve safe permanency for children. See Louisiana Children's Code 603
- Testify: Answer questions in court.
Upon determination by the court that the department has failed to comply with any permanency planning requirements, including but not necessarily limited to Chapters 13, 15, and 16 of this Title, the court may:
(1) Subpoena agency witnesses to testify regarding the failure to comply.
(2) Order the agency or appropriate representatives to show cause why a contempt order should not issue.
(3) Order that the agency not seek federal reimbursement for the cost of the child‘s care where the court finds that reasonable efforts were not made.
(4) Submit a report of noncompliance to appropriate state and federal agencies.
(5) Refer the agency representative found responsible for the failure to comply to the appropriate department personnel for administrative reprimand or other administrative sanctions.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992.