La. Ch. Code art. 626
This is the official text of La. Ch. Code art. 626, part of Louisiana’s Children's Code — governs child custody, child protection, and juvenile justice in Louisiana.
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Grounds for continued custody; reasonable efforts; grounds for continued safety plan
Official statutory text
A. The court may authorize continued custody of a child prior to adjudication if there are reasonable grounds to believe the child is in need of care and that continued custody is necessary for the health, welfare, and safety of the child.
B. Except as otherwise provided in Article 672.1, the court shall determine whether the department has made reasonable efforts as defined in Article 603 to prevent or eliminate the need for removal of the child from the home and, after removal, to make it possible for the child to safely return home. The health, welfare, and safety of the child shall be the paramount concern. These determinations shall be supported by findings of fact contained in the continued custody order issued pursuant to Article 627.
C. The court may deem the department to have made reasonable efforts to prevent or eliminate the need for removal if the department's first contact with the family occurred during an emergency which precluded those efforts.
D. The court may authorize the removal of the child even if the department's efforts have not been reasonable if the court determines that removal is necessary to secure the health, welfare, and safety of the child and that additional efforts would not keep the child safe from identified threats of danger. The court may impose any sanctions it deems appropriate pursuant to Article 712.
E. The court may authorize, with the consent of the state, continued implementation of a safety plan prior to the adjudication if there are reasonable grounds to believe that the child is in need of care and that the continued implementation of the safety plan is necessary for the health, welfare, and safety of the child. The safety plan shall continue to set forth conditions as determined or agreed upon by the state as necessary for the protection of the health, welfare, and safety of the child while remaining in the home.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2001, No. 567, §1; Acts 2014, No. 486, §1; Acts 2022, No. 272, §1.
B. Except as otherwise provided in Article 672.1, the court shall determine whether the department has made reasonable efforts as defined in Article 603 to prevent or eliminate the need for removal of the child from the home and, after removal, to make it possible for the child to safely return home. The health, welfare, and safety of the child shall be the paramount concern. These determinations shall be supported by findings of fact contained in the continued custody order issued pursuant to Article 627.
C. The court may deem the department to have made reasonable efforts to prevent or eliminate the need for removal if the department's first contact with the family occurred during an emergency which precluded those efforts.
D. The court may authorize the removal of the child even if the department's efforts have not been reasonable if the court determines that removal is necessary to secure the health, welfare, and safety of the child and that additional efforts would not keep the child safe from identified threats of danger. The court may impose any sanctions it deems appropriate pursuant to Article 712.
E. The court may authorize, with the consent of the state, continued implementation of a safety plan prior to the adjudication if there are reasonable grounds to believe that the child is in need of care and that the continued implementation of the safety plan is necessary for the health, welfare, and safety of the child. The safety plan shall continue to set forth conditions as determined or agreed upon by the state as necessary for the protection of the health, welfare, and safety of the child while remaining in the home.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2001, No. 567, §1; Acts 2014, No. 486, §1; Acts 2022, No. 272, §1.
Status: in_force · Read it on the official government site
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