Louisiana Children’s Code 912 – Resolution of grievances while under an order of commitment
Terms Used In Louisiana Children's Code 912
- 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
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
A. When committed to the custody of the department of Public Safety and Corrections, a child shall have the right to file a grievance concerning his care, custody, and control and have it resolved pursuant to Louisiana Administrative Code, Section 22:I:325, the administrative remedy procedure.
B. Upon exhausting his administrative remedies, any child who is still aggrieved by an adverse decision by the department may seek judicial review of that decision by applying, within thirty days after receipt of the department’s decision, to the juvenile court which entered the order of commitment.
C. If represented by counsel, the application shall be in the form of a petition. If unrepresented, the child may secure court review by writing a letter to the court outlining the facts of his complaint and the steps he had taken to secure administrative redress of his grievance.
D. If the court concludes that all administrative remedies have been exhausted and that the child’s grievance appears to have merit, it shall proceed to schedule a contradictory hearing to resolve the grievance.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.