La. Child. Code art. 1037

Current with changes from the 2024 Legislative Session

Section 1037 - Findings and contents of termination judgment; form

A. After final submission, the court shall render its judgment within thirty days.

(1) When the court finds that the alleged grounds set out in any Paragraph of Article 1015 or 1015.1 are proven by the evidentiary standards required by Article 1035 and that it is in the best interest of the child, it shall order the termination of the parental rights of the parent against whom the allegations are proven. The court shall enter written findings on both issues. The consideration of the best interest of the child shall include consideration of the child's attachment to his current caretakers.

(2) When the grounds for termination set forth in Article 1015.1 have been established, it shall be considered in the best interest of the child for the parental rights of the perpetrator to be terminated.

C. The court shall enter into the record a written, signed judgment. The date of the entry of the judgment shall be recorded on the judgment.

D. A judgment terminating the parental rights of the parent shall grant custody of the child to the department, a relative who is of the age of majority and who is willing to adopt the child without an adoption subsidy, or other suitable person, in accordance with the best interest of the child.

E. A judgment terminating the parental rights of the parent shall inform the parent of his right to use the services of the voluntary registry as provided in Chapter 15 of Title XII, although failure to include such information shall not affect the validity of the termination judgment.

F. The judgment shall also certify the child for adoption if, as a result of proceedings pursuant to this Title or Titles XI and XII, the rights of all parents as defined by Article 1193 have been terminated or relinquished.

G. A copy of the judgment shall be furnished to all counsel of record and to all unrepresented parties.

La. Ch.C. § 1037

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 256, §1; Acts 1999, No. 754, §1; Acts 2003, No. 567, §1; Acts 2023, No. 271, §1, eff. June 9, 2023.

Amended by Acts 2023, No. 271,s. 1, eff. 6/9/2023.

Acts 1991, No. 235, §10, eff. 1/1/1992; Acts 1992, No. 705, §1, eff. 7/6/1992; Acts 1997, No. 256, §1; Acts 1999, No. 754, §1; Acts 2003, No. 567, §1.