Louisiana Children’s Code 720 – Motion for guardianship
Terms Used In Louisiana Children's Code 720
- 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
- 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.
A. After a child has been adjudicated to be in need of care, a motion for guardianship may be filed by the department, parent, counsel for the child, or, when the guardian is deceased, an individual previously named as a successor guardian in a guardianship subsidy agreement with the department; or the department may submit a case plan along with the case review report to the court and all counsel of record recommending guardianship in accordance with Articles 674, 688, and 689.
B. The motion, case review report, or case plan shall include all of the following:
(1) The name and gender of the child, and the date and place of the child’s birth.
(2) A description of the mental and physical health of the child.
(3) The current placement of the child and when it began.
(4) The name and address of the proposed guardian and any relationship to the child.
(5) The name and address of the parents of the child.
(6) A plain and concise statement of the facts on which the motion, case review report, or case plan for guardianship is sought; why neither adoption nor reunification with a parent is in the best interest of the child; and why the child cannot be safely reunified with the parent within a reasonable time. If a parent files the motion, any statement that the child cannot be safely reunified with the parent within a reasonable time shall not be deemed an admission for any purpose other than satisfying the motion.
C. If any of the information required by Paragraph B of this Article is unknown, the motion, case review report, or case plan shall state that fact. In addition, if the location of either parent is unknown, the motion, case review report, or case plan shall disclose efforts to locate the parent.
D. Unless not yet completed, the home study, as required by Article 721, shall be attached to the motion, case review report, or case plan. If not attached, the home study shall be submitted to the court as soon as it is completed.
Acts 2011, No. 128, §1; Acts 2014, No. 354, §1; Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2024, No. 92, §1.