More Categories

Section 502 – Definitions

May 13, 2021 | Family Law, Louisiana

For the purposes of this Title, the following terms have the following meanings, unless the context clearly indicates otherwise:

(1) “Abuse” means any one of the following acts which seriously endanger the physical, mental, or emotional health and safety of the child:

(a) The infliction, attempted infliction, or, as a result of inadequate supervision, the allowance of the infliction or attempted infliction of physical or mental injury upon the child by a parent or any other person.
(b) The exploitation or overwork of a child by a parent or any other person.
(c) The involvement of the child in any sexual act with a parent or any other person, the aiding or toleration by the parent or the caretaker of the child’s sexual involvement with any other person, the child’s involvement in pornographic displays, or any other involvement of a child in sexual activity constituting a crime under the laws of this state.
(d) Female genital mutilation as defined by R.S. 14:43.4.
(2) “Child”means a person under the age of eighteen years who has not been judicially emancipated or emancipated by marriage as provided by law.
(3) “Child pornography” means visual depiction of a child engaged in actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals.
(4) “Crime against the child” shall include the commission of or the attempted commission of any of the following crimes against the child as provided by federal or state statutes:

(a) Homicide.
(b) Battery.
(c) Assault.
(d) Rape.
(e) Sexual battery.
(f) Kidnapping.
(g) Criminal Neglect.
(h) Criminal Abandonment.
(i) Repealed by Acts 2014, No. 602,s. 7.
(j) Carnal knowledge of a juvenile.
(k) Indecent behavior with juveniles.
(l) Pornography involving juveniles.
(m) Molestation of a juvenile.
(n) Crime against nature.
(o) Cruelty to juveniles.
(p) Contributing to the delinquency or dependency of children.
(q) Sale of minor children.
(r) Female genital mutilation.
(5) “Neglect” means the unreasonable refusal or failure of a parent or caretaker to supply the child with necessary food, clothing, shelter, care, treatment, or counseling for any injury, illness, or condition of the child, as a result of which the child’s physical, mental, or emotional health and safety is substantially threatened or impaired. Consistent with Children’s Code Article 606(B), the inability of a parent or caretaker to provide for a child’s basic support, supervision, treatment, or services due to inadequate financial resources shall not, for that reason alone, be considered neglect. Whenever, in lieu of medical care, a child is being provided treatment in accordance with the tenets of a well-recognized religious method of healing which has a reasonable, proven record of success, the child shall not, for that reason alone, be considered to be neglected or maltreated. However, nothing herein shall prohibit the court from ordering medical services for the child when there is substantial risk of harm to the child’s health or welfare.
(6) “Nonprofit corporation” means a corporation formed in accordance with the provisions of Chapter 2 of Title 12 of the Louisiana Revised Statutes of 1950.

La. Ch.C. § 502

Amended by Acts 2018, No. 458,s. 2, eff. 8/1/2018.
Amended by Acts 2014, No. 602,s. 7, eff. 6/12/2014.
Acts 1994, 3rd Ex. Sess., No. 69, §1, eff. July 7, 1994; Acts 1995, No. 1305, §1, eff. June 29, 1995; Acts 2003, No. 749, §1.