CHC 877.1     

Art. 877.1. Suspension of time limitations

            A. The time limitations established in Article 877 shall be suspended if any of the following occur:

            (1) The child, at any time and with the purpose to avoid detection, apprehension, or adjudication, flees from the state, is outside of the state, or is absent from his usual place of abode or residence within the state.

            (2) The child cannot be adjudicated because of a finding that the child lacks the mental capacity to proceed and restoration services are ordered pursuant to Article 837(B)(3) or (4), or the matter is continued in accordance with Article 837(D)(3).

            (3) The juvenile fails to appear at any proceeding pursuant to actual notice, with proof of such notice appearing in the record.

            (4) The child cannot be adjudicated because of the inability to obtain his presence through legal process, or for any other cause beyond the control of the state.

            B. The running of the time limitations established in Article 877 shall resume as follows:

            (1) If suspended under Subparagraph (A)(1) or (3) of this Article, when the child is either taken into custody or appears in person in open court where the petition on the original charge is pending, or the district attorney adjudicating the original charge has notice of the child's custodial location. For purposes of this Paragraph, "notice" means either of the following:

            (a) Filing in the court record where the petition on the original charge is pending by either the child or the child's counsel advising the court of the child's custodial location with a copy provided to the district attorney and certification of notice provided to the district attorney.

            (b) Filing in the court record where the petition on the original charge is pending by an officer, as provided in Article 813, advising the court of the child's custodial location with a copy provided to the district attorney and certification of notice provided to the district attorney.

            (2) If suspended under Subparagraph (A)(2) of this Article, when the court finds the child has the mental capacity to proceed with delinquency proceedings.

            (3) If suspended under Subparagraph (A)(4) of this Article, when the cause beyond the state's control that was preventing the child from being adjudicated no longer exists.

            C. After the time limitations established in Article 877 resume pursuant to Paragraph B of this Article, the adjudication proceedings shall commence within either the time period that remained before the Article 877 time limitation was suspended or within thirty days, whichever time period is longer.

            Acts 2026, No. 620, §1.