La. R. Dist. Ct. 40.1

As amended through May 31, 2024
Rule 40.1 - Definitions and Abbreviations

Except where the context clearly indicates otherwise, as used in courts exercising juvenile jurisdiction and in these Rules:

"ASFA" means the Adoption and Safe Families Act of 1997, 42 U.S.C. §§ 601, et seq., P.L. 105-89.

"CASA" means Court Appointed Special Advocate, as provided in Louisiana Children's Code Article 424, et seq.

"CINC" means Child in Need of Care proceedings pursuant to Title VI of the Louisiana Children's Code.

"Clerk" means the court's clerk of court.

"Court" means the court exercising juvenile jurisdiction over the matter, or the judge, hearing officer, or traffic referee acting in a section thereof.

"Case Manager" means a court staff person who monitors the case flow and tracks cases to ensure compliance with statutory guidelines.

"Chief Judge" means the judge serving as the Chief Administrative Officer of the court.

"Children's Code" and "La. Child. Code" mean the Louisiana Children's Code, as amended.

"District Attorney" means the chief prosecutor for that parish and includes all assistants to that prosecutor.

"DHH" means the Louisiana Department of Health and Hospitals.

"DPSC" and "DOC" mean the Louisiana Department of Public Safety and Corrections.

"DSS" means the Louisiana Department of Social Services.

"Duty Judge" means the judge handling preliminary matters for the court.

"FINS" means Families in Need of Services, both the legal process and the service delivery program as provided in Title VII of the Louisiana Children's Code.

"Hearing Officer" means an attorney appointed by the court on a full- or part-time basis to hear cases and to make recommendations to the court, as allowed by law.

"ICPC" means the Interstate Compact on the Placement of Children as set forth in Chapter 2, Title XVI of the Louisiana Children's Code.

"Informal Adjustment Agreement" or "IAA" means the form of diversion procedure set forth in Titles VI, VII, and VIII of the Louisiana Children's Code.

"Judge" means a duly elected judge of that court exercising juvenile jurisdiction or any person appointed or assigned to serve in that capacity by the Louisiana Supreme Court.

"Number/Gender" means the singular includes the plural, the plural includes the singular, and the masculine includes the feminine, when consistent with these Rules.

"OCS" means the Office of Community Services for the State of Louisiana, which is a subdivision of DSS. OCS investigates and provides services in all abuse and neglect cases. OCS is the placement agency for all children in its custody.

"OYS" means the Office of Youth Services for the State of Louisiana. OYS investigates and advises the court in status offender and delinquency cases by providing parole and probation supervision of those children in its custody. OYS is the placement agency for children in its custody who have been adjudicated FINS or delinquent.

"Party" means a child who is the subject of a court proceeding, the parent, guardian, or legal custodian of such child, or any person designated by any applicable law as a party in a given case.

"Petition" means the legal document containing the allegations upon which the court's jurisdiction is based. In civil proceedings before the court, a petition also includes the cause of action upon which the petitioner"s claim is based.

"Probation Officer" means a representative of the state or parish probation office providing supervision services to the court.

"R.S." means the Louisiana Revised Statutes Annotated.

"Reserved" means that a number has been set aside for or any future rules relative to the topic and is a practice consistent with the Louisiana Children's Code.

"Traffic Referee" means an attorney appointed by the court exercising juvenile jurisdiction to hear all traffic cases involving juveniles except those proceedings under La. R.S. 14:1, et seq.

"UCCJA" means the Uniform Child Custody Jurisdiction Act pursuant to La. R.S. 13:1701, et seq., and Louisiana Children's Code Article 310.

"UCCJEA" means the Uniform Child Custody Jurisdiction and Enforcement Act pursuant to La. R.S. 13:1801, et seq.

"UIFSA" means the Uniform Interstate Family Support Act pursuant to Louisiana Children's Code Article 1301, et. seq.

"URESA" means the Uniform Reciprocal Enforcement Support Act pursuant to La. R.S. 13:1641-1698, which was repealed in 1993.

La. Dist. Ct. 40.1

Adopted April 29, 2008, effective 7/1/2008; amended November 20, 2009, effective 1/1/2010; amended April 20, 2010, effective 6/1/2010.

Comments

(a) Caddo Parish Juvenile Court also uses the following definitions:

(1) "Department head" means the Judicial Administrator, Clerk, Chief Probation Officer, and Superintendent of the Detention Home.

(2) "Detention Home" means the Caddo Parish Juvenile Detention Home.

(3) "Judicial Officer" means a Judge, Hearing Officer, or Juvenile Traffic Referee of the Court.

(4) "Juvenile Justice Complex" means the Caddo Parish Juvenile Justice Complex located at 1835 Spring Street in Shreveport, Louisiana.

(5) "Parish Commission" means the Caddo Parish Commission.

(b) Orleans Parish Juvenile Court also uses the following definitions:

(1) "CPD" means the Child Protection Division in Orleans Parish Juvenile Court.

(2) "OPD" means the Office of Public Defender of the Parish of Orleans.

(c) East Baton Rouge Juvenile Court also uses the following definition:

(1) "O.P.D." means the Office of Public Defender of the Parish of East Baton Rouge, and includes all Assistant Public Defenders (P.D.). See Appendix 41.0 for further definitions.

(d) Jefferson Parish Juvenile Court also uses the following definitions:

(1) "DJS" means the Department of Juvenile Services for the Parish of Jefferson. DJS investigates and advises the Court in all adjudicated delinquency and family in need of service cases, providing probation supervision for those children not in the custody of the DPSC/OYS. Through a contract with the Family Services Society of Greater New Orleans, DJS provides monitoring services of non-adjudicated family in need of services cases.

(2) "I.D.B." means the Indigent Defender Board for the Parish of Jefferson.