Section 625 – Advice of rights and responsibilities of parents, counsel, and department; absent parents

May 13, 2021 | Family Law, Louisiana

A.

(1) At the continued custody or continued safety plan hearing, the court shall advise the parents and may advise the child, insofar as practicable, of:

(a) The nature of the proceedings in terms understandable to the child.
(b) The nature of the allegations in terms understandable to the child.
(c) The right to an adjudication hearing.
(d) The right to be represented by counsel and the right of indigent parents to representation by the Indigent Parents’ Representation Program in accordance with Children’s Code Article 608.
(2) At the continued custody or continued safety plan hearing, the court shall request the parent and all counsel of record to provide an electronic mail address at which the parent is willing to receive service and notice of future proceedings. The court shall advise the parent that once an electronic mail address is provided, all service and notice of future proceedings may be sent electronically until such time he provides notice to the court and all parties in writing or in open court that he is no longer able to receive service or notice at such address.
B. If the child is continued in the custody of the state, the court shall advise the parents of:

(1) The child’s need to have a safe and stable relationship with caretakers, either his parents or, if necessary, others who are willing and able to assume parental responsibility and provide a permanent home, and to have these caretaker decisions made as quickly as possible.
(2) Their responsibility to cooperate in preparing a case plan and otherwise in meeting the needs of their child, and if their child cannot return home safely, to assist the child’s adjustment to other caretakers, and their obligation to contribute to the cost of care and treatment of their child as provided in Article 685.
(3) Their responsibility to notify the department and their counsel in writing of their current whereabouts, including their address, cellular number, telephone number, and any other contact information, and that if they fail to do so, the law authorizes hearings to be held in their absence.
C. Upon receipt of information regarding a parent’s change of address, the department and the parent’s counsel shall promptly inform the court of the new address.
D.

(1) The court shall direct all persons before the court to identify the name, address, and whereabouts of each parent and any relative or other individual willing and able to offer a wholesome and stable home for the child.
(2) The court shall advise all persons before the court of their responsibility in achieving timely permanency for the child, and further shall direct all such individuals to identify the name, address, and whereabouts of all grandparents, all parents of a sibling where such parent has legal custody of such sibling, and all other adult relatives of the child.
E. If at the time of the hearing a petition has been filed, the court may also call upon the parent to answer its allegations in accordance with Chapter 9 of this Title.

La. Ch.C. ยง 625

Amended by Acts 2015, No. 124,s. 1, eff. 6/19/2015.
Amended by Acts 2014, No. 486,s. 1, eff. 8/1/2014.
Amended by Acts 2014, No. 354,s. 1, eff. 8/1/2014.