by admin | May 13, 2021 | Civil Procedure, Louisiana
Articles 1871 through 1883 are declared to be remedial. Their purpose is to settle and afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations, and they are to be liberally construed and administered.La. C.P. ยง...
by admin | May 13, 2021 | Family Law, Louisiana
A.(1) At any time after a child’s commitment, if the Department of Health and Hospitals or the superintendent of the mental institution reports to the committing court that the child presently has the mental capacity to proceed, the court shall: (a) Hold a...
by admin | May 13, 2021 | Civil Procedure, Louisiana
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In a proceeding which involves the...
by admin | May 13, 2021 | Family Law, Louisiana
A. If the child has been placed in an out-of-home placement, and the agency, institution, or individual charged with the care and custody of the child determines that the existing out-of-home placement is no longer appropriate for the child, the agency, institution,...
by admin | May 13, 2021 | Family Law, Louisiana
A. If, after three years of the initial contradictory hearing to determine the mental capacity of the child to proceed, the restoration service provider determines that the child has not attained the mental capacity to proceed, the court shall, within a reasonable...
by admin | May 13, 2021 | Civil Procedure, Louisiana
When a proceeding under Articles 1871 through 1883 involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is...
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