2009 Louisiana Children's Code :: CHC 737 - Place of prehearing placement upon a taking into custody

Art. 737. Place of prehearing placement upon a taking into custody

A. When taken into custody, the child shall be placed in the least restrictive prehearing placement consistent with the child's need for protection or control, in the following order of priority:

(1) The home of a relative who is of the age of majority and who is willing and able to offer a wholesome and stable environment for the child subject to the supervision of the court.

(2) The home of a suitable adult who is concerned about the child and who is willing and able to offer a wholesome and stable environment for the child subject to the supervision of the court and who is eligible for certification as an emergency foster home pursuant to R.S. 46:281 through 286 or R.S. 46:1406 et seq.

(3) A shelter care facility for juveniles.

(4) A secure detention facility, until a hearing is held in accordance with Article 739, if the child can be detained separately from children who have been adjudicated delinquent and any of the following apply:

(a) The child is a runaway.

(b) The child is ungovernable.

(c) The child has previously failed to appear at a scheduled juvenile court hearing.

B. If the court finds that the child is in need of medical or psychological evaluation or treatment, it may issue orders in accordance with Article 760 or 761 and, if necessary, place the child in a medical facility for such evaluation or treatment.

C. If the court finds reasonable grounds to believe that the conduct of the child indicates that he is suffering from mental illness or substance abuse, the court may refer the child to a physician for an assessment in accordance with Article 1422.

Acts 1991, No. 235, §7; Acts 1995, No. 1095, §3; Acts 1999, No. 1313, §1.