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      CHC 1036     


Art. 1036. Proof of parental misconduct

            A. The admissibility of the conviction of a parent is governed by the Code of Evidence.

            B. A prior conviction may be proved by certified copy of the judgment of conviction or certified copy of the minute entry of conviction.

            C. Under Article 1015(6), lack of parental compliance with a case plan may be evidenced by one or more of the following:

            (1) The parent's failure to attend court-approved scheduled visitations with the child.

            (2) The parent's failure to communicate with the child.

            (3) The parent's failure to keep the department apprised of the parent's whereabouts and significant changes affecting the parent's ability to comply with the case plan for services.

            (4) The parent's failure to contribute to the costs of the child's foster care, if ordered to do so by the court when approving the case plan.

            (5) The parent's repeated failure to comply with the required program of treatment and rehabilitation services provided in the case plan.

            (6) The parent's lack of substantial improvement in redressing the problems preventing reunification.

            (7) The persistence of conditions that led to removal or similar potentially harmful conditions.

            (8)(a) The parent's failure to provide a negative test result for all synthetic or other controlled dangerous substances, except for any drug for which the parent has lawfully received a prescription, at the completion of a reasonable case plan.

            (b) For purposes of this Article, "controlled dangerous substance" shall have the meaning ascribed in R.S. 40:961.

            D. Under Article 1015(6), lack of any reasonable expectation of significant improvement in the parent's conduct in the near future may be evidenced by one or more of the following:

            (1) Any physical or mental illness, mental deficiency, substance abuse, or chemical dependency that renders the parent unable or incapable of exercising parental responsibilities without exposing the child to a substantial risk of serious harm, based upon expert opinion or based upon an established pattern of behavior.

            (2) A pattern of repeated incarceration of the parent that has rendered the parent unable to care for the immediate and continuing physical or emotional needs of the child for extended periods of time.

            (3) Any other condition or conduct that reasonably indicates that the parent is unable or unwilling to provide an adequate permanent home for the child, based upon expert opinion or based upon an established pattern of behavior.

            E. Under Article 1015(7), a sentence of at least five years of imprisonment raises a presumption of the parent's inability to care for the child for an extended period of time, although the incarceration of a parent shall not in and of itself be sufficient to deprive a parent of his parental rights.

            Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 2017, No. 151, §1, eff. June 12, 2017; Acts 2018, No. 237, §1, eff. May 15, 2018.

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