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Section 738 – Release from custody

May 13, 2021 | Family Law, Louisiana

A. As soon as practicable after a child is received by a shelter care facility or a secure detention facility, the court or a probation officer employed and authorized by the court, upon determining it to be appropriate, shall release the child to the care of his parents or other relatives or caretakers upon their written promise to bring him to court at such times as may be fixed by the court and to comply with other orders of the court for the child’s evaluation or treatment, if any. The court may also impose reasonable restrictions upon the child’s travel, place of abode, association with other people, or employment during this period of release.
B.

If the court finds that release under Paragraph A of this Article is inappropriate, it may authorize the continued custody of the child pending the holding of a continued custody hearing within the time limitations established in Article 739.

C. An appropriate representative of the agency that took the child into custody shall be responsible for transporting the child to the adjudication or disposition hearing, or both, and transporting the child back to the shelter care facility or secure detention facility as determined by the court through its order or judgment of disposition.
D. Repealed by Acts 2017, No. 362,s. 5.

La. Ch.C. § 738

Amended by Acts 2017, No. 362,s. , eff. 8/1/2017.
Amended by Acts 2017, No. 362,s. 1 and 5, eff. 8/1/2017.
Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.