Louisiana Revised Statutes 9:364.1 – Visitation with incarcerated parent
Terms Used In Louisiana Revised Statutes 9:364.1
- Court: means any district court, juvenile court, or family court having jurisdiction over the parents and/or child at issue. See Louisiana Revised Statutes 9:362
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Supervised visitation: means face-to-face contact between a parent and a child which occurs in the immediate presence of a supervising person approved by the court under conditions which prevent any physical abuse, threats, intimidation, abduction, or humiliation of either the abused parent or the child. See Louisiana Revised Statutes 9:362
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
A. If the court authorizes visitation with an incarcerated parent, as part of such visitation order the court shall include restrictions, conditions, and safeguards as are necessary to protect the mental and physical health of the child and minimize the risk of harm to the child.
B. A court considering the supervised visitation of a minor child with an incarcerated parent shall consider the best interest of the child, including but not limited to:
(1) The length and quality of the prior relationship between the child and the parent.
(2) Whether the child is in need of guidance, enlightenment, or tutelage which can best be provided by the parent.
(3) The preference of the child if he is determined to be of sufficient maturity to express a preference.
(4) The willingness of the relative to encourage a close relationship between the child and his parent or parents, including the willingness of the child’s custodial parent, caretaker, or legal guardian to voluntarily take the child to the incarcerated parent’s place of incarceration for supervised visitation.
(5) The mental and physical health of the child and the parent.
(6) The length of time that the child lived with the parent prior to the parent’s incarceration.
(7) The desirability of maintaining the continuity of the relationship between the child and the incarcerated parent.
(8) The costs of travel and other expenses incurred by visitation at the place of incarceration, and who will bear responsibility for such costs.
(9) The effect upon the child of supervised visitation in the place of incarceration and the feasibility, if any, of alternative or additional use of technology for visitation pursuant to La. Rev. Stat. 9:357.
(10) Other testimony or evidence as the court may consider applicable.
Acts 2014, No. 383, §1.