Rule 43.4 Placement of Children in Custody
Title V: Rules for Juvenile Proceedings in District Courts and in Juvenile Courts for the Parishes of East Baton Rouge, Orleans, Jefferson and Caddo | Chapter 43: Dependency Proceedings [Child In Need of Care (“CINC”) and Judicial Certification for Adoption/Termination of Parental Rights]
Rule Text
(a) Before adjudication when DSS is the custodian of a child, should a child be moved from one placement to another, DSS shall inform the court of the change of placement within twenty‑fourhours.
(b) In order to protect the statutory and constitutional liberty and due process rights of the child to placement in the least restrictive, most family‑like setting suitable to the needs of the child, the custodial agency shall provide written notice to the court within twenty‑four hours of a placement change for the child to a less family‑like or more restrictive setting than previously approved by the court in the case plan. Disposition from the last court- approved case plan shall be filed in accordance with law.
(c) When there has been a CINC adjudication and parental rights have been terminated, either by termination proceedings or by a voluntary act of surrender, the six month review hearing may be consolidated with the permanency placement review.
(d) If a child is placed in a mental health treatment facility, the custodial agency shall inform the court within twenty‑four hours, and the court shall appoint an attorney from the Mental Health Advocacy Service to represent the child pursuant to La. Child. Code art. 607(C).
Amendment history: Adopted April 29, 2008, effective July 1, 2008; amended November 20, 2009, effective January 1, 2010.