La. Ch. Code art. 1039
This is the official text of La. Ch. Code art. 1039, part of Louisiana’s Children's Code — governs child custody, child protection, and juvenile justice in Louisiana.
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Other dispositions
Official statutory text
A. After final submission, the court shall render its judgment within thirty days.
B.(1) If the court finds that the alleged grounds are not proven in accordance with the evidentiary standards set forth in Article 1035 or if the court finds that termination of parental rights is not in the best interest of the child, it shall enter written findings on both issues and may:
(a) Dismiss the petition.
(b) Reinstate the parent to full care and custody of the child.
(c) If the child has been previously adjudicated as a child in need of care, reinstate that proceeding pursuant to Title VI of this Code.
(d) Upon a showing of sufficient facts, adjudicate the child in need of care in accordance with Title VI of this Code.
(e) Upon a showing of sufficient facts, adjudicate the family in need of services in accordance with Title VII of this Code.
(f) Make any other disposition that is in the best interest of the child.
(2) In actions based on Article 1015.1, if the court finds the alleged grounds are not proven, then any determination of custody, visitation, contact, and all other parental rights of the alleged perpetrator shall be determined in a separate action independent of the termination proceeding.
C. The court shall enter into the record a written judgment, signed by the court. The date of the entry of the judgment shall be recorded on the judgment.
D. A copy of the judgment shall be furnished to all counsel of record and to all unrepresented parties.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2003, No. 567, §1; Acts 2023, No. 271, §1, eff. June 9, 2023.
B.(1) If the court finds that the alleged grounds are not proven in accordance with the evidentiary standards set forth in Article 1035 or if the court finds that termination of parental rights is not in the best interest of the child, it shall enter written findings on both issues and may:
(a) Dismiss the petition.
(b) Reinstate the parent to full care and custody of the child.
(c) If the child has been previously adjudicated as a child in need of care, reinstate that proceeding pursuant to Title VI of this Code.
(d) Upon a showing of sufficient facts, adjudicate the child in need of care in accordance with Title VI of this Code.
(e) Upon a showing of sufficient facts, adjudicate the family in need of services in accordance with Title VII of this Code.
(f) Make any other disposition that is in the best interest of the child.
(2) In actions based on Article 1015.1, if the court finds the alleged grounds are not proven, then any determination of custody, visitation, contact, and all other parental rights of the alleged perpetrator shall be determined in a separate action independent of the termination proceeding.
C. The court shall enter into the record a written judgment, signed by the court. The date of the entry of the judgment shall be recorded on the judgment.
D. A copy of the judgment shall be furnished to all counsel of record and to all unrepresented parties.
Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2003, No. 567, §1; Acts 2023, No. 271, §1, eff. June 9, 2023.
Status: in_force · Read it on the official government site
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