Louisiana Children’s Code 916 – Modification of a mental health commitment
Terms Used In Louisiana Children's Code 916
- 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
A. In cases where a child has been committed to the Louisiana Department of Health, office of behavioral health, or private mental institution, or an institution for persons with mental illness, the court may also modify the judgment on motion of the department or superintendent of a private mental institution.
B. In cases in which a child has been adjudicated a delinquent, a judgment of disposition shall not be modified to release a child from the custody of the Louisiana Department of Health, office of behavioral health, or private mental institution or an institution for persons with mental illness without three days prior notice to the district attorney and the department or other institution.
C. Notwithstanding any provisions of law to the contrary, in cases in which a child has not been adjudicated a delinquent and has been found to be insane at the time of the offense, a child shall not be released from the custody of the Louisiana Department of Health, office of behavioral health, or private mental institution, or an institution for persons with mental illness except upon order of the court after motion and contradictory hearing.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2014, No. 811, §33, eff. June 23, 2014.