Louisiana Children’s Code 733 – Instanter orders of custody
Terms Used In Louisiana Children's Code 733
- Caretaker: means any person providing a residence for the child or any person legally obligated to provide or secure adequate care for the child, including a parent, tutor, guardian, or legal custodian. See Louisiana Children's Code 728
- Child: means a person under eighteen years of age who, prior to proceedings under this Title, has not been judicially emancipated or emancipated by marriage. See Louisiana Children's Code 728
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Summons: Another word for subpoena used by the criminal justice system.
A. A peace officer, probation officer, district attorney, or other person designated by the court may file a verified complaint alleging facts showing that there are reasonable grounds to believe that the family is in need of services and that emergency removal of the child from his home is necessary to secure the child’s protection or control.
B. If the court determines that the child’s welfare cannot be safeguarded without removal, the court may issue an instanter order directing that the child be taken into custody.
C. The order shall specify the place of the child’s prehearing placement in accordance with Article 737.
D. An instanter order may be executed by any peace officer having territorial jurisdiction over the child or any other person designated by the court.
E. Any peace officer having territorial jurisdiction over the child or any other person designated by the court may serve a summons upon a caretaker to appear at court for a hearing. A copy of the summons shall be filed in the record as proof of service.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.