Louisiana Children’s Code 910 – Modification procedure; generally applicable
Terms Used In Louisiana Children's Code 910
- child: means any person under the age of twenty-one, including an emancipated minor, who commits a delinquent act before attaining seventeen years of age. See Louisiana Children's Code 804
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
A. Except as specially provided in Articles 911 through 916, a motion for modification may be filed by the district attorney, the child, his parents, the custodian of the child, a probation officer, or the court. A motion for modification shall be in writing and shall set forth in plain and concise terms the facts supporting the modification. A motion for modification shall be served upon all parties at least three days prior to the hearing unless waived by the parties.
B. Any motion for modification may be denied without a hearing.
C. Except as provided by Paragraph B of this Article, a motion for modification shall be tried at a contradictory hearing unless waived by the parties.
D. A judgment of disposition shall not be modified to release a child from the custody of a public or private mental institution or an institution for persons with mental illness without three days prior notice to the district attorney and the institution.
E. If a judgment of disposition is modified, a copy of the minute entry reflecting the modification shall be served upon the district attorney, the child, his parent, and any person, institution, or agency to whom custody of the child is assigned.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014; Acts 2018, No. 467, §2; Acts 2020, No. 106, §1.