06LegSummaryChildren

Children, Family Law and Successions
2006 Regular Session of the Louisiana Legislature

Repeals the Uniform Child Custody Jurisdiction Act (UCCJA) enacted in Louisiana in 1978. Enacts the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which has been adopted in 42 states. Definition of “home state” includes this state when a parent has been required to evacuate as a result of a declared emergency but has lived here for 12 months prior to the evacuation. Extends the residency requirement for home state jurisdiction from six months to 12 months when a parent has been required to evacuate as a result of a declared emergency and is unable to return for an extended period of time. A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before 8/15/07 is governed by the law in effect at the time the motion or other request was made. (Adds R.S. 13:1801-1842; repeals R.S. 13:1700-1724)
HB 60 Gray; Act 822; Effective 8/15/07

Law Institute. Requires a diligent search for parents of children in state custody. (Amends Ch.C. Arts. 625, 644(A)(5), 684(D), (E), (F), and (G), 694(B), and 704(B); adds Ch.C. Arts. 644(A)(6) and (7) and 682(B)(4))
HB 90 Gray; Act 248; Effective 8/15/06

A covenant marriage terminates only for one of the causes enumerated in C.C. Art. 101. It may be terminated by divorce only upon one of the exclusive grounds enumerated in R.S. 9:307. A covenant marriage agreement may not be dissolved, rescinded, or otherwise terminated by the mutual consent of the spouses. (Adds R.S. 9:272(C))
HB 121 Johns; Act 249; Effective 8/15/06

Clarifies that a spouse must be free from fault and in need of support, based on the needs of the party and the ability of the other party to pay, to be awarded final support and the court must consider certain factors to determine the amount and duration of that support. Act is interpretive and applies to pending claims for final periodic support in which trial has not yet commenced as of the effective date. Overrules Hammack v. Hammack, 1999-2809 (1st Cir. 12/22/00), 778 So. 2d 70 and Brett v. Brett, 2000-0436 (1st Cir. 5/30/01), 794 So. 2d 912. (Amends C.C. Arts. 111 and 112)
HB 128  Greene; Act 749; Effective 6/30/06

Provides with respect to confidentiality of youth services records of the Dept. of Public Safety and Corrections (Amends R.S. 15:574.12(A), (B), (D), (E), and (H))
HB 164 Martiny; Act 150; Effective 8/15/06

A court may not suspend the parties’ responsibilities or obligations while they are in the process of executing a declaration of acknowledgment of paternity. Applies retroactively to 6/29/05. (Amends R.S. 9:392(A); adds R.S. 9:392(A)(7)(c))
HB 186 Ansardi; Act 470; Effective 6/22/06

Law Institute. Adds prenatal neglect to the child abuse provisions. Requires physician to order a toxicology test without consent if he believes that a mother abused drugs during pregnancy. Physician must report positive toxicology results as soon as possible. Positive test results are not admissible in a criminal prosecution.  (Amends Ch.C. Art. 603(14); adds Ch.C. Arts. 603(16.1) and 610(G))
HB 215  Doerge; Act 157; Effective 8/15/06

Provides for qualifications of mediators in child custody disputes and authorizes a person denied listing in the approved mediator register to request a review of that decision by a panel of three members of the LSBA, ADR Section. (Amends R.S. 9:334)
HB 265 Ansardi; Act 471; Effective 8/15/06

Provides for qualifications of mediators in juvenile court disputes and for the establishment and maintenance of a register of qualified mediators by the LSBA, ADR Section. A person denied listing in the register may request a review by a panel of three members of the LSBA, ADR Section. (Amends Ch.C. Art. 439(B); adds Ch.C. Art. 439(F)(7) and (H)-(K))
HB 266 Ansardi; Act 472; Effective 8/15/06

Adds an exception to “small succession” provisions to allow an ownership interest in any cemetery space intended for the interment of the person who died intestate. (Amends C.C.P. Art. 3431(A))
HB 288 Walker; Act 257; Effective 6/8/06

Plaintiff must prove that a defendant who made a false report of child abuse or neglect knew the report was false or that the report was filed with reckless disregard for the truth and requires the plaintiff to pay the defendant’s court costs and attorney fees if the plaintiff fails to meet his burden of proof. (Adds Ch.C. Art. 611(C))
HB 291 Cazayoux; Act 372; Effective 8/15/06

Requires certain additional genetic tests be performed on newborns, subject to funding. They include 20 specified tests effective 1/1/07 and testing for cystic fibrosis effective 7/1/07. (Amends R.S. 40:1299.1(A)(1) and (3); adds R.S. 40:1299.1(A)(5))
HB 293  Strain; Act 754; Effective 1/1/07

Law Institute. Filiation. Provides for changes in terminology; exceptions to compulsory reconventional demands; contestation and disavowal of paternity actions; the effect of contestation and disavowal judgments on child support, custody, and visitation orders; acknowledgment of paternity; blood tests; suspension of prescription for disavowal action. Amendments to C.C. Art 196 and R.S. 9:392.1 are retroactive to June 29, 2005. (Amends C.C. Art. 196, C.C.P. Art. 1061(B), Ch.C. Art. 116(17), R.S. 9:392(A) and (7), 396(A)(1), (B)(1), and (C)(1), 398.2(A)(1), and 400(A)(4), R.S. 40:34(B)(1)(h)(i), and R.S. 46:121(3)(b); adds R.S. 9:392.1 and 401-406; repeals R.S. 9:305, 395.1, 400(A)(2), and 400.1
HB 322  Ansardi; Act 344; Effective 6/13/06

Authorizes DSS to obtain certain information to assist in locating parents for support enforcement services without first obtaining an order from any judicial or administrative tribunal. Additionally authorizes DSS to access occupational and professional licenses, records of ownership of business entities, records regarding public assistance programs, records of the office of motor vehicles. Allows DSS to access the names and address records of public utilities, cable television companies, and cellular telephone companies. (Amends R.S. 46:236.15(C))
HB 355  Triche; Act 375; Effective 6/15/06

Changes the definition of biological parents to include the children born of a surrogate who is related by blood or affinity. Retroactive to October 24, 2005. (Amends R.S. 40:32(1) and 34(B)(1)(a)(viii), (h)(v), (i), and (j))
HB 369 Durand; Act 377; Effective 8/15/06

Law Institute. Provides for the determination of the mental capacity of children to proceed to trial. (Amends Ch.C. Arts. 809(B), 833(A), 834(A), 835(A), 836(A), 837, and 838(D); adds Ch.C. Arts. 834(F), 834.1, and 837.1-837.6)
HB 503 Gray; Act 266; Effective 8/15/06

Provides for the collection of federal tax refunds for child and spousal support. (Amends R.S. 47:299.31 and 299.32(1) and (2); adds R.S. 9:315.26 and 325 and R.S. 47:299.41(C))
HB 538 Greene; Act 478; Effective 6/22/06

Social security benefits received by the child due to the earnings of the parent owing support shall be credited as child support. Requires an evidentiary hearing prior to reducing an arrearage based on a lump sum payment of a social security benefit. (Adds R.S. 9:315.7(D) and (E)
HB 539  Carter, R.; Act 386; Effective 8/15/06

Limits those persons who can be present in the courtroom during child abuse proceedings. (Amends Ch.C. Arts. 661, 698, and 708 and R.S. 15:283(E))
HB 553 Hebert; Act 764; Effective 8/15/06

Provides for medical support orders in child support obligations. Defines “medical support” for child support purposes to include both health insurance and the payment of medical expenses. Each child support order must also include a medical support order if DSS is providing services. (Amends R.S. 9:315.4 and R.S. 46:236.8(A), (B)(1), (c), (e), (f), and (C), (E), (F), and (G)(6); adds R.S. 9:315(C)(8))
HB 601 Ansardi; Act 481; Effective 10/1/06

Establishes a Child Advocacy Program within the Mental Health Advocacy Service for providing qualified legal representation for children in child abuse and neglect cases. The program is to be governed by an existing board of trustees as defined in R.S. 28:64(A)(3). Enumerates the additional duties of the board and the existing director of the program. Defines the duties of the program and qualifications of counsel. DSS/OCS in collaboration with the Child Advocacy Program and LIDAB to advise courts concerning the establishment of salaried and contract attorney arrangements in their respective jurisdictions. Limits the payment of ad hoc attorney fee requests to those received from attorneys in judicial districts not yet included in salaried or contract attorney arrangements funded by transfer of funds from DSS/OCS. (Amends Ch.C. Arts. 607(A) and (B), 1016(A) and (B), 1404(14) and R.S. 15:151.2(B), R.S. 28:2(13), and R.S. 46:460.21(A); adds Ch.C. Arts. 551-560 and R.S. 15:151.2(J))
HB 652 Winston; Act 271; Effective 8/15/06

Law Institute. Requires incarcerated parent to provide a plan of care for his children. DSS must contact the parent and assist him in preparing the plan. (Adds Ch.C. Arts. 1024.1 and 1036.2.)
HB 654  Doerge; Act 272; Effective 8/15/06

Law Institute. Children in need of care. Provides for the definitions for the removal and safety plan for children in need of care; instanter orders of custody; placement of the child pending a continued custody hearing; safety plan; persons who seek to become custodians of the child; custody hearing and custody orders. (Amends Ch.C. Arts. 603(18), 619(A), (B), and (C), 620(B) and (C), 621, 622, 624(G), and 627(A) and (B); Adds Ch.C. Arts. 603(19) and 627(F); repeals Ch.C. Art. 624(H))
HB 777  Gray; Act 278; Effective 8/15/06

Provides for the placement of a lien on a motor vehicle owned by a parent owing past due child support. (Adds R.S. 9:4790 and R.S. 32:708.1)
HB 778 Hunter; Act 772; Effective 8/15/06

Reduces the number of days within which to hold a hearing, after a temporary restraining order is granted without notice, from 20 days to 15 days. If court determines that a petition for domestic abuse is frivolous, the court may order the nonprevailing party to pay all court costs and reasonable attorney fees of the other party. (Amends Ch.C. Arts.1569(B) and 1570.1 and R.S. 46:2135(B) and 2136.1)
HB 849 Lambert; Act 777; Effective 8/15/06

Law Institute. Changes the definition of a “child” for the purpose of adoption. Child means a person under 18 (was 17) years of age and not emancipated by marriage. (Amends Ch.C. Art. 1169(3) and (5))
HB 904 Scalise; Act 288; Effective  8/15/06

Divorce. Requires that the spouses live separate and apart for 365 days, with some exceptions, in order to obtain a divorce if there are minor children of the marriage. Provides that even if there are minor children of the marriage, if the court finds that one party has sexually or physically abused the other spouse or a child of that spouse or that a protective order or an injunction has been issued against the other spouse for abuse, a divorce may be granted after living separate and apart only 180 days. Applies only to actions filed on and after 1/1/07. Actions pending before 1/1/07 are governed by prior law. (Amends C.C. Arts. 102 and 103(1) and C.C.P. Arts. 3952, 3953 and (1) and (2), and 3956 and (5) and R.S. 13:3491(A) and (5)(a) and (B) and 3492(A) and (6)(b) and (B); adds C.C. Art. 103.1)
HB 1379 Alexander; Act 743; Effective 1/1/07

Provides that the basic allowance for housing and subsistence received by military personnel is gross income for the purposes of calculating child support. (Amends R.S. 9:315(C)(3)(a))
SB 123  Lentini; Act 315; Effective 8/15/06

A military service member on active duty who misses his authorized visitation due to military obligations shall be afforded compensatory visitation on a day-for-day basis for the days lost if he so requests, only if the court determines it is in the best interest of the child. (Adds R.S. 9:348)
SB 154  Gautreaux, N.; Act 110; Effective 8/15/06

Authorizes DSS to intercept and seize winnings from progressive slot machine annuities from individuals in arrears in child support. Gaming Control Board must enact rules and regulations by 1/1/07. (Amends R.S. 46:236.15(D)(1)(a); adds R.S. 27:364(A)(1)(b)(vi))
SB 407  Lentini; Act 121; Effective 6/2/06