Louisiana Children’s Code 791 – Contempt; prehearing detention
Terms Used In Louisiana Children's Code 791
- 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
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
A. If there are reasonable grounds to believe that the child has violated the terms of a judgment of disposition, the child may be taken into custody in accordance with Article 735 or 736.
B. If, in addition, there are reasonable grounds to believe that taking the child into custody is necessary for his protection or control or to assure the child’s appearance at the contempt hearing, the child may be taken into custody to a secure detention facility in accordance with Article 735 or 736.
C. The peace officer, probation officer, or an appropriate representative of the arresting agency shall have the authority and responsibility to transport the child to such shelter care facility or detention facility.
D. If the child is taken to a shelter care facility or detention facility, there shall be a hearing within twenty-four hours, exclusive of legal holidays, to determine whether:
(1) A judgment of disposition was entered in compliance with Article 782.
(2) Reasonable grounds exist that the child has violated the judgment of disposition.
E. If the requirements of Paragraph D are met, the child may be detained for up to three days pending a hearing on the rule for contempt. This time limitation shall run from the time of the reasonable grounds determination or the taking into custody, whichever is later.
F. A child shall not be detained in a secure juvenile detention facility for any alleged violation of an informal family services plan agreement.
Acts 1995, No. 1095, §3; Acts 1999, No. 1313, §1.