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Division "D' of the 29 Judicial District Court Release Information for Juvenile Court Proceedings

The 29 Judicial District Court, Division "D"

Post Date:April 23, 2020 1:57 PM

Considering advisories issued by the Center for Disease Control and the Louisiana Department of Health concerning the COVID-19 (Coronavirus) outbreak, the public health emergency declarations issued by Governor John Bel Edwards, and on further considering the directives set forth in Orders issued by the Supreme Court of Louisiana, this Court issues the following:
Child in Need of Care Proceedings

IT IS ORDERED that all child in need of care (CINC) hearings under Louisiana Children’s Code Articles 624 (continued custody), 646 (answer), 651 (pre-adjudication motions), and 692 through 698 (case review) allotted to this division of Court may be scheduled and conducted via simultaneous electronic audiovisual transmission, under the following conditions:

1. Proceedings shall be recorded pursuant to Louisiana Children’s Code Article 410 by a court reporter and minute clerk.

2. Participants in each Child in Need of Care hearing shall include: the parents, all attorneys (for parents and children), the assistant district attorney, and the Department of Children & Family Services case worker(s); and may include: the CASA representative, foster parents, community based service provider, and the children when appropriate.

3. Participation in the hearing by the parents, children, and foster parents shall be facilitated by the DCFS case worker and the parents’ legal counsel and the Court.

4. Participants in the hearing shall take all necessary measures to protect the confidentiality of the proceedings, as prescribed under Children’s Code Articles 404, 407, and 412, including but not limited to participation from a private location.

5. Only Participants to the matter before the Court are allowed to appear in the proceedings by simultaneous electronic audiovisual transmission.

6. Recording of proceedings by any Participant is strictly prohibited and may be considered contempt of court. 

IT IS FURTHER ORDERED that all child in need of care (CINC) hearings under Louisiana Children’s Code Articles 659 through 666 (adjudication), 678 through 686 (disposition), and 702 (dispositional review) shall be scheduled for in-person hearings unless, on joint motion of counsel to approve a proposed stipulation, and at the presiding judge’s discretion, adjudication, disposition, and dispositional review hearings may be conducted by simultaneous electronic audiovisual transmission pursuant to this Order.
Delinquency Proceedings

IT IS FURTHER ORDERED that all delinquency hearings under Louisiana Children’s Code Articles 819 through 822 (continued custody), 823 (bail), 854 through 856 (answer), 865 through 871 and 873 through 876 (pre-adjudication motions - except motions to suppress), 896 (deferred disposition agreement), and 906 (disposition review) may be scheduled and conducted via simultaneous electronic audiovisual transmission, under the following conditions:

1. Proceedings shall be recorded pursuant to Louisiana Children’s Code Article 410 by a court reporter and minute clerk.

2. Participants in delinquency hearings shall include: the youth and a parent/caretaker, attorney for the youth, and the assistant district attorney; and may include: juvenile compliance officer, juvenile probation officer, and, community based service provider.
3. Participation in the hearing by the juvenile and parent/caretaker shall be facilitated by the Court, the juvenile compliance officer and the juvenile’s legal counsel.

4. Participants in the hearing shall take all necessary measures to protect the confidentiality of the proceedings, as prescribed under Children’s Code Articles 404, 407, and 412.

5. Only Participants to the matter before the Court are allowed to appear in the proceedings by simultaneous electronic audiovisual transmission.

6. Recording of proceedings by any Participant is strictly prohibited and may be considered contempt of court

IT IS FURTHER ORDERED that all delinquency hearings under Louisiana Children’s Code Articles 877 through 844 (adjudication), 892 through 903 (disposition), 909 through 915 (contempt and revocation) and 916 (modification of mental health commitment) shall be scheduled for in-person hearings, unless on joint motion of counsel to approve a proposed stipulation, and at the discretion of the presiding judge, adjudication and disposition hearings may be conducted by simultaneous electronic audiovisual transmission pursuant to this Order.
Families in Need of Services (Status Offense) Proceedings

IT IS FURTHER ORDERED that all families in need of services (status offense) hearings under Louisiana Children’s Code Articles 739 (continued custody), 756 through 759 (answer), and 760 through 763 (special motions), allotted to this division of Court may be scheduled and conducted via electronic simultaneous electronic audiovisual transmission, under the following conditions:

1. Proceedings shall be recorded pursuant to Louisiana Children’s Code Article 410 by a court reporter and minute clerk.

2. Participants in each delinquency hearing shall include: the youth and parent/caretaker, attorney for the youth, and the assistant district attorney.

3. Participation in the hearing by the juvenile and parent/caretaker shall be facilitated by the Court, juvenile compliance officer and the juvenile’s legal counsel.

4. Participants in the hearing shall take all necessary measures to protect the confidentiality of the proceedings, as prescribed under Children’s Code Articles 404, 407, and 412.

5. Only Participants to the matter before the Court are allowed to appear in the proceedings by simultaneous electronic audiovisual transmission.

6. Recording of proceedings by any Participant is strictly prohibited and may be considered contempt of court. 

IT IS FURTHER ORDERED that all families in need of services (status offense) hearings under Louisiana Children’s Code Articles 765 through 772 (adjudication), 777 through 784 (disposition), 786 through 791 (modification and contempt) shall be scheduled for in-person hearings, unless on joint motion of counsel to approve a proposed stipulation, and the discretion of the presiding judge, adjudication and disposition hearings may be conducted by simultaneous electronic audiovisual transmission pursuant to this Order.

IT IS FURTHER ORDERED that the foregoing shall remain in effect until further orders of this Court.
DONE AND SIGNED this 23 day of April, 2020 at Hahnville, Louisiana.

To view the signed document, click here.

  
JUDGE M. LEMMON LEMMON
29th Judicial District Court, Division “D”


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