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      CHC 682     

  

Art. 682. Removal of a child from parental custody or control

            A. The court shall not remove a child from the custody of his parents unless his welfare cannot, in the opinion of the court, be adequately safeguarded without such removal. Except as otherwise provided in Article 672.1, in support of any such disposition removing a child from the parental home, the court shall determine whether the department has made reasonable efforts to prevent or eliminate the need for removal of the child from his home and, after removal, to reunify the parent and child or to finalize the child's placement in an alternative safe and permanent home in accordance with the child's permanent plan including, if appropriate, through an interstate placement. The child's health and safety shall be the paramount concern in the court's consideration of removal. The department shall have the burden of demonstrating reasonable efforts.

            B. If the court concludes that the child is to be removed from his parents' custody, it shall:

            (1) Inform the parents about the case review and permanency review procedure, as provided for in Chapters 15 and 16 of this Title.

            (2) Inform the parents that it is their obligation to cooperate with the department, comply with the requirements of the case plan, including their duty to keep the department apprised of their current address, and correct the conditions requiring the child to be in care.

            (3) Inform the parents that a petition to terminate their parental rights may be filed based upon their failure to comply with the requirements of the case plan, failure to make significant measurable progress toward achieving case plan goals and to correct the conditions requiring the child to be in care, or on any other ground authorized by Article 1015.

            (4) Inform the parties and all persons before the court that it is their continuing responsibility to notify the department and the court in writing regarding the whereabouts, including address, cellular number, telephone number, and any other contact information, of an absent parent and the identity and whereabouts, including address, cellular number, telephone number, and any other contact information, of any relative or other individual willing and able to offer a wholesome and stable home for the child.

            (5) Inform the parties and all persons before the court of their continuing responsibility to support the achievement of timely permanency for the child and further direct such individuals to advise the department and the court in writing of the whereabouts, including the address, cellular number, telephone number, and any other contact information, of all grandparents, all parents of a sibling where such parent has legal custody of such sibling, and all other adult relatives of the child.

            (6) Inform the parents of their obligation to support their child, including their obligation to contribute to the care and treatment of their child as provided in Article 685.

            Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 612, §1; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 248, §1; Acts 2007, No. 334, §1; Acts 2008, No. 392, §1; Acts 2015, No. 124, §1, eff. June 19, 2015.



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