Louisiana Revised Statutes 46:236.5 – Expedited process for establishment of paternity and establishment or enforcement of support; hearing officers
Terms Used In Louisiana Revised Statutes 46:236.5
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Department: means the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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.
- 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.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Service of process: The service of writs or summonses to the appropriate party.
- Summons: Another word for subpoena used by the criminal justice system.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
A. All actions to establish paternity or to establish or enforce a support obligation which are brought by the Department of Children and Family Services, hereafter called “the department”, on its own behalf or on behalf of any person for whom support has been ordered and whose support rights have been assigned to the department or for whom the department is providing support enforcement services, must be completed, from the time of service of process of the action to the time of disposition, within the following time frames:
(1) Seventy-five percent in six months.
(2) Ninety percent in twelve months.
B.(1) Any court with jurisdiction to establish paternity or to establish or enforce support obligations shall implement an expedited process for the establishment or enforcement thereof in accordance with existing judicial procedures or the provisions of Subsection C of this Section. “Expedited process” means administrative or expedited judicial processes or both which increase effectiveness and meet completion time frames specified in Paragraphs (1) and (2) of Subsection A of this Section. Such a court may collect and distribute support obligations and may, by court order or rule, assess and collect a sum payable by the obligor as a fee of not more than five percent of all existing and future support obligations to fund the administrative costs of a system for expedited process. The fee may be assessed and collected against existing and future arrearages as well as ongoing support payments, whether or not an arrearage exists. The fee shall be assessed only against the payor of support and such assessment shall not reduce the amount of child support owed the obligee.
(2) A court may assess a one-time fee in each case payable by the obligor not to exceed twenty-five dollars to fund the expenses incurred by the district public defender office in the representation of individuals ordered to pay support under Subsection A of this Section. The court may designate the district public defender office as agent for the collection of the assessed fee.
C. An expedited process for the establishment of paternity and the establishment and enforcement of support and other related family and domestic matters in district courts using hearing officers may be implemented as follows:
(1) The judge or judges of the appropriate court or courts for the establishment of paternity or the establishment and enforcement of support and other domestic and family matters may appoint one or more hearing officers to hear paternity, support, and other domestic and family related matters. Domestic and family matters shall include divorce and all issues ancillary to a divorce proceeding; all child-related issues such as paternity, filiation, custody, visitation, and support in non-marital cases; all protective orders filed in accordance with La. Rev. Stat. 46:2131 et seq., La. Rev. Stat. 46:2151 et seq., and the Children’s Code and all injunctions filed in accordance with La. Rev. Stat. 9:361, 371, and 372 and Code of Civil Procedure Articles 3601 et seq., which involve personal abuse, terrorizing, stalking, or harassment; and enforcement of orders in any of these matters, including contempt of court.
(2) The hearing officer shall be a full-time or part-time employee of the court and shall be an attorney who has been in good standing with any state bar association for not less than five years and has prior experience in cases involving child support services.
(3) The hearing officer shall act as a finder of fact and shall make written recommendations to the court concerning any domestic and family matters as set forth by local court rule, including but not limited to the following matters:
(a) Hear and make recommendations on establishment and modification of child and spousal support, child custody and visitation.
(b) Hear and make recommendations on the method of collection of child and spousal support.
(c) Hear and make recommendations on enforcement of child and spousal support, including but not limited to proceedings under Children’s Code Articles 1352 through 1355, and on enforcement of child custody and visitation.
(d) Hear and make recommendations on contested and uncontested paternity cases.
(e) Hear and make recommendations on default orders or rules to show cause, if the absent parent does not respond to notice.
(f) Hear and make recommendations on the punishment by the court for the constructive contempt of an order of the court or hearing officer.
(g) Hear and make recommendations regarding confirmation of domestic and family default judgments, provided that no judgment shall be effective until signed by a district judge.
(h) Hear and make recommendations regarding the granting of uncontested divorces and approve domestic and family consent judgments provided that no judgment shall be effective until signed by a district judge.
(i) Hear and make recommendations regarding the resolution of disputes concerning discovery or the issuance of subpoenas.
(j) Hear and make recommendations regarding the referral of parties to mediation, medical and psychological evaluation, and drug testing in accordance with La. Rev. Stat. 9:306 and 331 et seq., and to make recommendations regarding the referral of parties to counseling and substance abuse treatment.
(k) Hear and make recommendations on all protective orders filed in accordance with La. Rev. Stat. 46:2131 et seq., La. Rev. Stat. 46:2151 et seq., La. Rev. Stat. 46:2171 et seq., La. Rev. Stat. 46:2181 et seq., and the Children’s Code and on all injunctions filed in accordance with La. Rev. Stat. 9:361 et. seq., 371, and 372 and Code of Civil Procedure Articles 3601 et seq., which involve personal abuse, terrorizing, stalking, or harassment; and hear and make recommendations on all motions for contempt of court and motions to extend, modify, or dissolve protective orders and injunctions.
(4) In furtherance of and in addition to making written recommendations as set forth in Paragraph (3), the hearing officer may do the following:
(a) Administer oaths.
(b) Compel the attendance of witnesses and issue subpoenas.
(c) Order blood and tissue tests for the determination of paternity in accordance with La. Rev. Stat. 9:396 et seq.
(d) Issue bench warrants for the failure to respond to summons or attend hearings or produce documents as ordered, or for the failure otherwise to appear in court or at hearings.
(e) Conduct hearings on bench warrants issued in accordance with this Section and recommend punishment to the court.
(f) Take testimony.
(g) Contemporaneously fine and punish direct contempt of court.
(h) Accept voluntary acknowledgments of support liabilities and stipulated agreements setting forth the amount of support to be paid.
(i) Make a record of the hearings authorized by this Section.
(j) Sign and issue all rules nisi, orders to appear and show cause, and other orders necessary to the performance of the duties of the office.
(5) The written recommendation of the hearing officer shall contain all of the following:
(a) A statement of the pleadings.
(b) A statement as to the findings of fact by the hearing officer.
(c) A statement as to the findings of law based on the pleadings and facts, including his opinion thereon.
(d) A proposed judgment.
(6) A copy of any written recommendations, orders, or uncontested judgments rendered by the hearing officer shall be provided to the parties and their counsel at the time of the hearing officer’s ruling, if present. Any party who disagrees with a judgment or ruling of a hearing officer on a matter set forth in Paragraph (3) may file a written objection to the findings of fact or law of the hearing officer within the time and manner established by court rule. The objection shall be heard by the judge of the district court to whom the case is assigned. Upon filing of the objection, the court shall schedule a contradictory hearing where the judge shall accept, reject, or modify in whole or in part the findings of the hearing officer. If the judge in his discretion determines that additional information is needed, he may receive evidence at the hearing or remand the proceeding to the hearing officer.
(7) If no written objection is filed with the clerk of court within the time and manner established, the order shall become a final judgment of the court and shall be signed by a judge and appealable as a final judgment. The judgment after signature by a district judge shall be served upon the parties in accordance with law.
Acts 1986, No. 517, §1; Acts 1987, No. 511, §1; Acts 1988, No. 970, §1, eff. July 27, 1988; Acts 1990, No. 880, §1; Acts 1992, No. 799, §1; Acts 1992, No. 870, §1, eff. Aug. 1, 1992; Acts 1995, No. 252, §1; Acts 1998, 1st Ex. Sess., No. 104, §1; Acts 2003, No. 964, §1; Acts 2007, No. 307, §8; Acts 2015, No. 242, §3.