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HLS 26RS-845 ENGROSSED Regular Session HOUSE BILL NO.
ENROLLED Regular Session HOUSE BILL NO.
224 BY REPRESENTATIVE MIKE JOHNSON (On Recommendation of the Louisiana State Law Institute) CHILDRENS CODE:
224 BY REPRESENTATIVE MIKE JOHNSON (On Recommendation of the Louisiana State Law Institute) AN ACT To amend and reenact Children's Code Articles 603(4)(a), (14), (15), (17)(l), and (20), 616(F), 622(B)(4), 623(A), (D), and (E), 624(B) and (C), 631(B), 646(A) and (C), 672.3(C)(3), 679(B) through (F), 690(B)(3), 694(A), 695(A), (C), and (D), 696(B), 702(D)(2)(c),704(A),705(A),(C),and(D),706(B),740,1004(G),1112(B),1269.1, 1269.2(B) and (C), 1269.7, 1279.6(A)(1), (B), and (C), 1404(1), and 1427(C)(1)(introductory paragraph) and (a), to enact Children's Code Articles 603(33), 646(F), 658.1, and 1003(15), and to repeal Children's Code Articles 650, 697, and 707, relative to the continuous revision of the Children's Code;
Provides for the continuous revision of the Children's Code AN ACT To amend and reenact Children's Code Articles 603(4)(a), (14), (15), (17)(l), and (20), 616(F), 622(B)(4), 623(A), (D), and (E), 624(B) and (C), 631(B), 646(A) and (C), 672.3(C)(3), 679(B) through (F), 690(B)(3), 694(A), 695(A), (C), and (D), 696(B), 702(D)(2)(c),704(A),705(A),(C),and(D),706(B),740,1004(G),1112(B),1269.1, 1269.2(B) and (C), 1269.7, 1279.6(A)(1), (B), and (C), 1404(1), and 1427(C)(1)(introductory paragraph) and (a), to enact Children's Code Articles 603(33), 646(F), 658.1, and 1003(15), and to repeal Children's Code Articles 650, 697, and 707, relative to the continuous revision of the Children's Code;
Children's Code Articles 603(4)(a), (14), (15), (17)(l), and (20), 616(F), 622(B)(4), 623(A), (D), and (E), 624(B) and (C), 631(B), 646(A) and (C), 672.3(C)(3), 679(B)through(F),690(B)(3),694(A),695(A),(C),and(D),696(B),702(D)(2)(c),704(A), 705(A), (C), and (D), 706(B), 740, 1004(G), 1112(B), 1269.1, 1269.2(B) and (C), 1269.7, Page 1 of 20 CODING:
Children's Code Articles 603(4)(a), (14), (15), (17)(l), and (20), 616(F), 622(B)(4), 623(A), (D), and (E), 624(B) and (C), 631(B), 646(A) and (C), 672.3(C)(3), 679(B)through(F),690(B)(3),694(A),695(A),(C),and(D),696(B),702(D)(2)(c),704(A), 705(A), (C), and (D), 706(B), 740, 1004(G), 1112(B), 1269.1, 1269.2(B) and (C), 1269.7, 1279.6(A)(1), (B), and (C), 1404(1), and 1427(C)(1)(introductory paragraph) and (a) are Page 1 of 17 CODING:
HLS 26RS-845 ENGROSSED HB NO.
HB NO.
224 1279.6(A)(1), (B), and (C), 1404(1), and 1427(C)(1)(introductory paragraph) and (a) are hereby amended and reenacted and Children's Code Articles 603(33), 646(F), 658.1, and 1003(15) are herebyenacted to read as follows:
224 ENROLLED hereby amended and reenacted and Children's Code Articles 603(33), 646(F), 658.1, and 1003(15) are herebyenacted to read as follows:
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* * * (20) "Other suitable individual" means a person, other than a relative, with whomthechildorparentenjoysaclose,established,significantrelationship,yetnot Page 2 of 17 CODING:
HLS 26RS-845 ENGROSSED HB NO.
HB NO.
224 (20) "Other suitable individual" means a person, other than a relative, with whomthechildorparentenjoysaclose,established,significantrelationship,yetnot a blood relative, including a neighbor, godparent, teacher, or close friend of the parent, or similarly situated individual.
224 ENROLLED a blood relative, including a neighbor, godparent, teacher, or close friend of the parent, or similarly situated individual.
Unlessthebestinterestofthechildrequiresadifferentplacement,achild whoappearsto beachildinneedofcareandwhoseimmediateremovalis necessary shall be placed, pending a continued custody hearing, in accordance with the following priorities of placement:
Unlessthebestinterestofthechildrequiresadifferentplacement,achild whoappearstobeachildin needofcareandwhoseimmediateremovalisnecessary shall be placed, pending a continued custody hearing, in accordance with the following priorities of placement:
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HLS 26RS-845 ENGROSSED HB NO.
HB NO.
224 Art.
224 ENROLLED Art.
The department shall give notice of anyorder regarding the child issued in accordancewith Article619(C)or620to thechild'sparents,;thedistrict defender orotherentitydesignatedforthejurisdictionbytheIndigentParents'Representation Program for representing parents,;
The department shall give notice of any order regarding the child issued inaccordancewith Article619(C)or620to thechild'sparents,;thedistrict defender orotherentitydesignatedforthejurisdictionbytheIndigentParents'Representation Program for representing parents,;
Thedepartmentshallalsogivenoticeregardinganychildinfoster care,to anyfosterparentcaregiver,pre-adoptiveparent,andrelativeprovidingcare.
Thedepartmentshallalsogivenoticeregardinganychildinfoster care,to anyfoster parentcaregiver,pre-adoptiveparent,andrelativeprovidingcare.
continued safetyplan hearing;
continued safety plan hearing;
The hearing may be continued for up to three additional days.
The hearing may be continued for up to three additional dayIf a continuanceisgranted,thecourtshallissueawrittenorderidentifyingthemoverand reciting the particular facts justifying the continuance.
If a Page 4 of 20 CODING:
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HLS 26RS-845 ENGROSSED HB NO.
HB NO.
224 continuanceisgranted,thecourtshallissueawrittenorderidentifyingthemoverand reciting the particular facts justifying the continuance.
224 ENROLLED C.(1) If a parent is absent, the court shall make written findings of fact or include in the minutes whether notice of the date, time, and place of the hearingand the right to attend and be heard was properly provided by the department.
C.(1) If a parent is absent, the court shall make written findings of fact or include in the minutes whethernotice of the date, time, and place of the hearing and the right to attend and be heard was properly provided by the department.
(2) If a foster parent caregiver, pre-adoptive parent, adoptive parent, or relative providing care for the child fails to appear at the hearing, the department shallreporttoisabsent,thecourtshallmakewrittenfindingsoffactorincludeinthe minutes whethernotice was given, or, if not, what of the date, time, and place of the hearing and the right to attend and be heard was properly provided by the department.
(2) If a foster parent caregiver, pre-adoptive parent, adoptive parent, or relative providing care for the child fails to appear at the hearing, the department shallreporttoisabsent,thecourtshallmakewrittenfindingsoffactorincludeinthe minutes whether notice was given, or, if not, what of the date, time, and place of the hearing and the right to attend and be heard was properly provided by the department.
If a parent is absent, the court shall make written findings of Page 5 of 20 CODING:
If a parent is absent, the court shall make written findings of fact or include in the minutes whether notice of the date, time, and place of the hearing and the right to attend and be heard was properlyserved.
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HLS 26RS-845 ENGROSSED HB NO.
HB NO.
224 fact or include in the minutes whether notice of the date, time, and place of the hearing and the right to attend and be heard was properlyserved.
224 ENROLLED C.
* * * C.
If presence was not waived or the child is not present after a request, the custodian or the departmentshall provide reasons for the absenceof the child, and the court shall determine on the record whether the hearingmay proceed.
If presence was not waived or the child is not present after a request, the custodian or the department shall provide reasonsfor the absenceof the child, and the court shall determine on the record whether the hearingmay proceed.
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D.
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HLS 26RS-845 ENGROSSED HB NO.
224 D.
E.
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HB NO.
224 ENROLLED E.
If a parent is absent, the court shall make written findings of fact or include in the minutes whether notice of the date, time, and place of the hearing and the right to attend and be heard was properly served.
If a parent is absent, the court shall make written findings of fact or include in the minutes whethernotice of the date, time, and place of the hearing and the right to attend and be heard was properly served.
If a child is absent, the court shall make written findings of fact or include in the minutes whether the attorney for the child moved Page 7 of 20 CODING:
If a child is absent, the court shall make written findings of fact or include in the minutes whether the attorney for the child moved towaivethepresenceorwhetherpresencewasrequested.Ifpresencewasnotwaived or the child is not present after a request, the custodian or the department shall provide reasons for the absence of the child, and the court shall determine on the Page 7 of 17 CODING:
HLS 26RS-845 ENGROSSED HB NO.
HB NO.
224 towaivethepresenceorwhetherpresencewasrequested.Ifpresencewasnotwaived or the child is not present after a request, the custodian or the department shall provide reasons for the absence of the child, and the court shall determine on the record whether the hearing may proceed.
224 ENROLLED record whether the hearing may proceed.
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* * * (3) The extent of progress which that has been made toward alleviating or mitigating the causes necessitating placement in foster care.
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HLS 26RS-845 ENGROSSED HB NO.
224 (3) The extent of progress which that has been made toward alleviating or mitigating the causes necessitating placement in foster care.
absent parents A.
absent parents Page 8 of 17 CODING:
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HB NO.
224 ENROLLED A.
Ifafosterparentcaregiver,pre-adoptiveparent,orrelativeprovidingcare for the child fails to appear at a case review hearing, the department shall report to is absent, the court shall make written findings of fact or include in the minutes whether notice was given or, if not, what of the date, time, and place of the hearing and the right to attend and be heardwas properlyprovided bythe department.
Ifafosterparentcaregiver,pre-adoptiveparent,orrelativeprovidingcare for the child fails to appear at a case review hearing, the department shall report to is absent, the court shall make written findings of fact or include in the minutes whether notice was given or, if not, what of the date, time, and place of the hearing and the right to attend and be heard was properlyprovided bythe department.
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Art.
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HLS 26RS-845 ENGROSSED HB NO.
224 Art.
If a child is absent, the court shall make written findings of fact or include in the minutes whether the attorney for the child moved to waive the presence or whether presence was requested.
If a child is absent, the court shall make written Page 9 of 17 CODING:
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HB NO.
224 ENROLLED findings of fact or include in the minutes whether the attorney for the child moved to waive the presence or whether presence was requested.
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* * * Art.
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HLS 26RS-845 ENGROSSED HB NO.
224 Art.
If a parent is absent, the court shall make written findings of fact or include in the minutes whether notice of the date, time, and place of the hearingand the right to attend and be heard was properly served.
If a parent is absent, the court shall make written findings of fact or include in the minutes whethernotice of the date, time, and place of the hearing and the right to attend and be heard was properly served.
The court shall permit a permanency hearing to be held in the absence of a parent if it is established on the record that the parent was served but is not in attendance or that efforts to serve the parent have been unsuccessful.
The court shall permit a permanency hearing to be held in the absence of a parent if it is established on the Page 10 of 17 CODING:
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HB NO.
224 ENROLLED record that the parent was served but is not in attendance or that efforts to serve the parent have been unsuccessful.
Ifafosterparentcaregiver,pre-adoptiveparent,orrelativeprovidingcare for the child fails to appear at a permanencyhearing, the department shall report to is absent, the court shall make written findings of fact or include in the minutes whether notice was given or, if not, what of the date, time, and place of the hearing and the right to attend and be heard was properlyprovided bythe department.
Ifafosterparentcaregiver,pre-adoptiveparent,orrelativeprovidingcare for the child fails to appear at a permanencyhearing, the department shall report to is absent, the court shall make written findings of fact or include in the minutes whether notice was given or, if not, what of the date, time, and place of the hearing and the right to attend and be heardwas properlyprovided bythe department.
A child below the age of twelve years shall be present in court upon the request of Page 11 of 20 CODING:
A child below the age of twelve years shall be present in court upon the request of counsel for the child or the court.
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HLS 26RS-845 ENGROSSED HB NO.
224 counsel for the child or the court.
If the A child is present in court, he may choose to testify as to his wishes, and the court shall consider his the child's testimony in the matter.
If the A child is present in court, he Page 11 of 17 CODING:
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HB NO.
224 ENROLLED may choose to testify as to his wishes, and the court shall consider his the child's testimony in the matter.
At the continued custodyhearingor atthefirsthearingatwhichthechild appears,whicheveroccursfirst,thecourtjudgeshalladvisetheparentsandthechild, inadevelopmentallyappropriatemannerandintermsunderstandablebytothechild and the parents, of all of the following:
At thecontinuedcustodyhearingor at the first hearingat whichthechild appears,whicheveroccursfirst,thecourtjudgeshalladvisetheparentsandthechild, inadevelopmentallyappropriatemannerandintermsunderstandablebytothechild and the parents, of all of the following:
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(4) The right to an adjudication hearing.
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HLS 26RS-845 ENGROSSED HB NO.
224 (4) The right to an adjudication hearing.
(8) The right to be free from discrimination based on race, religion, disability, national origin, and sex.
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HB NO.
224 ENROLLED (8) The right to be free from discrimination based on race, religion, disability, national origin, and sex.
Neitherthechildnoranyonepurportingto actonhis behalf of the child may be permitted to waive this right.
Neitherthechildnoranyonepurportingtoactonhis behalf of the child may be permitted to waive this right.
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D.
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HLS 26RS-845 ENGROSSED HB NO.
224 D.
* * * (15) "Foster care" means that the child is in the custody of the department and the department is providing temporary services including care by a foster caregiver, a relative, a residential child caring facility, or other living arrangement approved and supervised bythe state.
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HB NO.
224 ENROLLED (15) "Foster care" means that the child is in the custody of the department and the department is providing temporary services including care by a foster caregiver, a relative, a residential child caring facility, or other living arrangement approved and supervised bythe state.
Foster parents A foster caregiver who intend intends to adopt the child maypetition for the termination of parental rights of the foster child's parents when, in accordance with Article 702(D), adoption is the permanent plan for the child, the childhasbeeninstatecustodyunderthefosterparent'scaregiver'scareforseventeen of the last twenty-two months, and the department has failed to petition for such termination.
Foster parents A foster caregiver who intend intends to adopt the child maypetition for the termination of parentalrights of the foster child's parents when, in accordance with Article 702(D), adoption is the permanent plan for the child, the childhasbeeninstatecustodyunderthefosterparent'scaregiver'scareforseventeen of the last twenty-two months, and the department has failed to petition for such termination.
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* * * Art.
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HLS 26RS-845 ENGROSSED HB NO.
224 Art.
foster child adoptions adoption of child in foster care * * * B.
foster child adoptions adoption of child in foster care * * * Page 14 of 17 CODING:
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HB NO.
224 ENROLLED B.
Anysuch The agreement shall be enforceable only if filed with the court and approved in accordance with this Chapter.
Any such The agreement shall be enforceable only if filed with the court and approved in accordance with this Chapter.
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* * * Art.
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HLS 26RS-845 ENGROSSED HB NO.
224 Art.
When a child is in the custody of the department and is placed with a foster parents caregiver who have has other children living in the home who already attend a nonpublic or parochial school, the foster child may attend the same nonpublic or parochial school if the department finds that it is in the best interest of the child, and if the child meets the admission requirements of the nonpublic or parochialschool.
When a child is in the custody of the department and is placed with a foster parents caregiver who have has other children living in the home who already Page 15 of 17 CODING:
Thedepartmentshallnot bedirectlyresponsibleforpayingforthe expenses associated with such education.
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HB NO.
224 ENROLLED attend a nonpublic or parochial school, the foster child may attend the same nonpublic or parochial school if the department finds that it is in the best interest of the child, and if the child meets the admission requirements of the nonpublic or parochialschool.
Thedepartmentshallnotbedirectlyresponsibleforpayingforthe expenses associated with such education.
The foster parent caregiver shall provide the department appropriatedocumentation,includingbutnotlimitedtocopiesofstandardizedtests, Page 16 of 20 CODING:
The foster parent caregiver shall provide the department appropriatedocumentation,includingbutnotlimitedtocopiesofstandardizedtests, to substantiate that the child is progressing on grade level and at a rate equal to one grade level for each year in the program.
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HLS 26RS-845 ENGROSSED HB NO.
224 to substantiate that the child is progressing on grade level and at a rate equal to one grade level for each year in the program.
Authority to transport and detain * * * C.(1) In addition to other persons authorized by this Article to transport to a treatment facilitya child in whose name an emergencycertificate has been issued, any of the following persons may also accompany the child during such transportation:
Authority to transport and detain * * * Page 16 of 17 CODING:
(a) A parent,includingafoster parent caregiver, subject to the conditions of Subparagraph (2) of this Paragraph.
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HB NO.
224 ENROLLED C.(1) In addition to other persons authorized by this Article to transport to a treatment facilitya child in whose name an emergencycertificate has been issued, any of the following persons may also accompany the child during such transportation:
(a) A parent, includingafosterparent caregiver, subject to the conditions of Subparagraph (2) of this Paragraph.
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SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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HLS 26RS-845 ENGROSSED HB NO.
224 DIGEST ThedigestprintedbelowwaspreparedbyHouseLegislative Services.
It constitutes nopart of the legislative instrument.
The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.
[R.S.
1:13(B) and 24:177(E)] HB 224 Engrossed 2026 Regular Session Mike Johnson Abstract:
Provides continuous revisions to the Children's Code with respect to children in foster care.
Present law (Ch.C.
Art.
603) defines "caretaker", "foster care", "foster parent", "mandatory reporter", and "other suitable individual".
Proposedlawretainspresentlaw,changestheterm"fosterparent"to"fostercaregiver",and modernizes terminology to clarify intent.
Proposed law also defines "intervention".
Present law (Ch.C.
Art.
616) provides for the child abuse registry.
Proposed law retains present law and modernizes terminology.
Present law (Ch.C.
Art.
622) provides for the placement of children pending a continued custody hearing.
Proposed law retains present law and modernizes terminology.
Present law (Ch.C.
Art.
623) provides for notice of anyinstanter orders regarding children.
Proposed law retains present law and modernizes terminology.
Present law (Ch.C.
Art.
624) provides for continued custodyand safety plan hearings.
Proposed law retains present law and requires the court to make findings of fact or include in the minutes whether notice of the hearing was properly provided when a parent, foster caregiver, pre-adoptive parent, or relative providing care is absent.
Proposed law modernizes terminology.
Present law (Ch.C.
Art.
631) provides for petitions for a child in need of care.
Authorizes a person to petition for permanent custodyprior to adjudication.
Proposedlawretainspresentlawbutremovesauthorizationforapersontopetitionthecourt for permanent custody prior to adjudication.
Presentlaw(Ch.C.Art.646)providesrelativetoanswerstopetitionspriortoanadjudication hearing.
Proposed law retains present law and requires the court to make findings of fact or include in the minutes whether notice of the hearing was properly served or whether presence was waived or requested when a parent or child is absent and authorizes postponement of the hearing in certain circumstances.
Presentlaw(Ch.C.Art.650)authorizescourtstoallowfamilymembersorinterestedpersons to intervene in child in need of care proceedings.
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HLS 26RS-845 ENGROSSED HB NO.
224 Proposed law deletes present law and moves its substance to a new provision of proposed law (Ch.C.
Art.
658.1).
Provides for intervention by a relative or other suitable individual in child in need of care proceedings if it is in the best interest of the child.
Proposed law further provides for notice to intervenors.
Authorizes the court to exclude intervenors from the adjudication hearing and provides for the termination of the intervention.
Present law (Ch.C.
Art.
672.3) requires a notice to relatives to describe the process for becoming a licensed foster home.
Proposed law retains present law and modernizes terminology.
Present law (Ch.C.
Art.
679) provides for notice and presence at disposition hearings.
Proposed law retains present law and requires the court to make findings of fact or include intheminuteswhethernoticeofthehearingwasproperlyprovidedorwhetherpresencewas waived or requested when a parent, child, foster caregiver, pre-adoptive parent, or relative providing care is absent.
Proposed law also authorizes postponement of the hearing in certain circumstances.
Present law (Ch.C.
Art.
690) provides the requirements for a case review report.
Proposed law retains present law and modernizes terminology.
Presentlaw(Ch.C.
Arts.
694, 695, and 696) provides for notice and presenceatcasereview hearings.
Proposed law retains present law and requires the court to make findings of fact or include intheminuteswhethernoticeofthehearingwasproperlyprovidedorwhetherpresencewas waived or requested when a parent, child, foster caregiver, pre-adoptive parent, or relative providing care is absent.
Proposed law also authorizes postponement of the hearing in certain circumstances.
Presentlaw(Ch.C.Art.697)authorizescourtstoallowfamilymembersorinterestedpersons to intervene in case review proceedings.
Proposed law deletes present law and moves its substance to a new provision of proposed law (Ch.C.
Art.
658.1).
Present law (Ch.C.
Art.
702) requires the court to consider a child's need for continuing contactwithanypersonwithwhomthechildhasanestablishedandsignificantrelationship.
Proposed law retains present law and modernizes terminology.
Presentlaw(Ch.C.Arts.704,705, and706)providesfornoticeandpresenceatpermanency hearings.
Proposed law retains present law and requires the court to make findings of fact or include intheminuteswhethernoticeofthehearingwasproperlyprovidedorwhetherpresencewas waived or requested when a parent, child, foster caregiver, pre-adoptive parent, or relative providing care is absent.
Proposed law also authorizes postponement of the hearing in certain circumstances.
Presentlaw(Ch.C.Art.707)authorizescourtstoallowfamilymembersorinterestedpersons to intervene in permanencyreview proceedings.
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HLS 26RS-845 ENGROSSED HB NO.
224 Proposed law deletes present law and moves its substance to a new provision of proposed law (Ch.C.
Art.
658.1).
Present law (Ch.C.
Art.
740) requires the court to advise parents and children of certain rights during a families in need of services proceeding.
Proposed law retains present law and additionallyrequires the court to advise that the child and parents are parties to the proceeding, of the consequences of the proceeding, the right to receive notice of all hearings, the right to testify, the right to be free from discrimination, the right to an interpreter, and the right to reasonable accommodations for anydisability.
Present law (Ch.C.
Art.
1003) defines certain terms.
Proposed law retains present law and adds the definition of "foster care".
Present law (Ch.C.
Art.
1004) provides for the petition to terminate parental rights.
Proposed law retains present law and modernizes terminology.
Present law (Ch.C.
Art.
1112) provides for the private surrenderof a child in the custodyof the Dept.
of Children and Family Services.
Proposed law retains present law and modernizes terminology.
Present law (Ch.C.
Arts.
1269.1, 1269.2, and 1269.7) provides for continuing contact agreements between relatives and foster parents.
Proposed law retains present law and modernizes terminology.
Present law (Ch.C.
Art.
1279.6) provides for the education of children in foster care.
Proposed law retains present law and modernizes terminology.
Present law (Ch.C.
Art.
1404) defines certain terms.
Proposed law retains present law and modernizes terminology for the definition of "caretaker".
Present law (Ch.C.
Art.
1427) provides for the transport of children to treatment facilities.
Proposed law retains present law and modernizes terminology.
(AmendsCh.C.Arts.603(4)(a),(14),(15),(17)(l),and(20),616(F),622(B)(4),623(A),(D), and (E), 624(B) and (C), 631(B), 646(A) and (C), 672.3(C)(3), 679(B)-(F), 690(B)(3), 694(A),695(A),(C), and (D), 696(B), 702(D)(2)(c),704(A),705(A),(C),and(D), 706(B), 740, 1004(G), 1112(B), 1269.1, 1269.2(B) and (C), 1269.7, 1279.6(A)(1), (B), and (C), 1404(1),and1427(C)(1)(intro.para.)and(a);AddsCh.C.Arts.603(33),646(F),658.1,and 1003(15);
Repeals Ch.C.
Arts.
650, 697, and 707) Page 20 of 20 CODING:
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