2009 Louisiana Children's Code :: CHC 1511 - Definitions

Art. 1511. Definitions

As used in this Chapter:

(1) "Guardianship of the person of a child" means the duty and authority to make important decisions in matters having a permanent effect on the life and development of the minor and to be concerned about his general welfare. It shall include but shall not necessarily be limited in either number or kind to:

(a) The authority to consent to marriage, to enlistment in the armed forces of the United States, or to major medical, psychiatric, and surgical treatment, to represent the minor in legal actions, to make other decisions of substantial legal significance concerning the minor.

(b) The authority and duty of reasonable visitation, except to the extent that such right of visitation has been limited by court order.

(c) The rights and responsibilities of legal custody, including the right to have physical custody of the child and to exercise the rights and duty to protect, train, and discipline him and to provide him with food, shelter, education, and ordinary medical care, all subject to any residual rights possessed by the child's parents.

(2) "Legal custody" means a legal status created by court order which vests in a custodian the right to have physical custody of the child and the right and duty to protect, train, and discipline him and to provide him with food, shelter, education, and ordinary medical care, all subject to the powers, rights, and duties and responsibilities of the guardian of the person of the child and subject to any residual parental rights and responsibilities.

(3) "Physical custody" means the duty and authority to provide care for a child in the home of the custodian.

(4) "Voluntary transfer of custody" is a parent's knowing and voluntary relinquishment of legal custody or guardianship to an agency, institution, or individual, subject to residual parental rights retained by the parent and under such terms and conditions that enable the child to receive adequate care and treatment.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.