Louisiana

 

NOTE TO USER:

While every attempt has been made to ensure accuracy, local practices and procedures may vary.  We encourage every user to consult with an experienced juvenile justice practitioner in the jurisdiction to determine how best to proceed in any particular situation.        

 

 

Juvenile Collateral Consequences in the State of Louisiana

             Louisiana codebooks do not contain a single, comprehensive listing of the collateral consequences of juvenile delinquency proceedings, which must be gathered instead from many different statutes, titles and codes. This chapter attempts to collect the pertinent information from the various sources and present it in a helpful manner to inform the public of the nature and duration of the consequences of juvenile delinquency arrests and adjudications in Louisiana. This chapter will only address the treatment of juveniles alleged to be delinquent, not juveniles tried as adults in criminal proceedings or juveniles involved in status offender or other types of juvenile court proceedings.

 

Understanding the Justice System

             Louisiana juvenile courts may adjudicate “…any person under the age of twenty-one, including an emancipated minor, who commits a delinquent act before attaining seventeen years of age.”[i]A delinquent act is defined as “… an act committed by a child of ten years of age or older which if committed by an adult is designated an offense under the statutes or ordinances of this state, or of another state if the act occurred in another state, or under federal law, except traffic violations.”[ii]Therefore, once an individual reaches the age of seventeen, he or she is legally an adult in Louisiana for the purposes of criminal court jurisdiction. A court will adjudicate a juvenile delinquent only when the state has proven, beyond a reasonable doubt, that the child committed the delinquent act alleged in the petition.[iii]

            Procedures for delinquency proceedings are codified in the Louisiana Children’s Code.[iv] If the Children’s Code is silent on substantive law or procedure, Titles 14 and 15 (“Criminal Law” and “Criminal Procedure”) of the Louisiana Revised Statutes, the Louisiana Code of Criminal Procedure, and the Louisiana Code of Evidence apply.[v]Only four parishes have dedicated juvenile courts: Caddo, East Baton Rouge, Jefferson, and Orleans.[vi]In all other parishes, family courts, city courts, or district courts exercise jurisdiction over delinquency proceedings.[vii]All courts exercising jurisdiction over these proceedings are subject to the Children’s Code.[viii]

            Louisiana does allow juveniles to be tried as adults through three distinct categories of waiver known as judicial transfer, legislative or automatic waiver, and prosecutorial waiver, one or more of which could be applied in certain instances depending on the age of the juvenile and the offense charged.[ix] Under the state’s system of judicial waiver, a juvenile who reaches the age of fourteen and faces specific charges may be transferred to adult criminal court, at the discretion of the judge upon his own motion or the motion of the district attorney, after a hearing to consider whether to transfer the case.[x] Considerations at the transfer hearing include a finding of probable cause and, by clear and convincing proof, a finding that there is no substantial opportunity for the child's rehabilitation.[xi] If a fourteen-year-old is transferred to adult court under these circumstances, the juvenile may only be confined until reaching the age of thirty-one.[xii] In Louisiana’s version of legislative waiver, a fifteen- or sixteen-year-old charged with first degree murder, second degree murder, aggravated rape, or aggravated kidnapping is automatically subject to adult jurisdiction, detention, and sentencing, to the extent allowed by the U.S. Supreme Court, upon indictment or a finding of probable cause that the child committed the offense at a continued custody hearing.[xiii] For other enumerated serious crimes, a system of prosecutorial waiver exists in which the district attorney has the unfettered discretion within thirty days of arrest to waive fifteen- and sixteen-year-olds by directly filing a bill of information in the adult court upon a finding of probable cause that the child committed the offense at a continued custody hearing or by obtaining an indictment.[xiv]

            There is no “reverse transfer” provision in Louisiana law, whereby a criminal court may review prosecutorial decision-making by convening a hearing for the purpose of considering whether the child should be tried instead in the juvenile court. In fact, the law specifically precludes the restoration of juvenile court jurisdiction after waiver in the event of a plea to or conviction of a lesser-included offense in the criminal court that would not have originally been subject to waiver.[xv]

 

Notification of Collateral Consequences for Juvenile Proceedings

            Except with regard to adjudications involving sex offenses subject to mandatory registration, there are no other statutorily mandated provisions of notification related to the collateral consequences of juvenile proceedings.  Judges are required to provide written notification to any juvenile that pleads guilty to or is otherwise adjudicated delinquent of certain sex offenses of the registration and notification requirements for sex offenders.[xvi] Furthermore, the Office of Juvenile Justice must inform juveniles released from custody of the registration and notification requirements upon release.[xvii]  

 

Sentence Enhancements in Criminal Court

Can a juvenile adjudication be used against someone later to enhance penalties for an adult criminal conviction?

            In Louisiana, a juvenile adjudication is not the same as an adult conviction.[xviii] As a result, juvenile adjudications may not be used to enhance penalties under the state’s adult habitual offender statutes.[xix] However, Louisiana juvenile adjudications may be used to enhance penalties for adult convictions in many federal court jurisdictions as well as in many of the state criminal courts of other jurisdictions.[xx]

Treatment of Delinquency Arrest Records

Where and how are juvenile arrest records stored?

            Arrest records are maintained by the arresting agency.[xxi] Fingerprints and photographs are maintained and indexed separately from those of adults.[xxii]

What information does an arrest record contain?

            The Louisiana Children’s Code does not specify what must be included in a juvenile’s arrest record. The Code states that juveniles may be photographed or fingerprinted in connection with being taken into custody for the commission of a felony- or misdemeanor-grade delinquent act.[xxiii] Other reasonable identification procedures, such as the provision of handwriting samples or inclusion in a lineup, may be ordered at the court’s discretion upon motion of the district attorney.[xxiv]

            Otherwise, the same type of information gathered as the result of an adult arrest will be included in a juvenile arrest record since the Code of Criminal Procedure controls where the Children’s Code does not make special provisions for delinquency proceedings.[xxv] Generally, upon booking an arrested person, the booking officer creates a summary including the proper legal name of the arrestee, the charge or charges upon which the person was arrested, the name of the person making the arrest, a short recitation of the facts or events which led to the arrest, and the names of any others arrested as a result of the same events or facts.[xxvi]

            In addition, every juvenile detention center must maintain a permanent record of each child received.[xxvii] These records must include the child’s name, age, sex, race, and address; the reason the child is being taken into custody; the date and time of the child’s entry into and exit from the juvenile detention center; and the name of the officer and the law enforcement agency that brought the child into the detention center.[xxviii]

Who can access arrest records?

            Louisiana law suggests that arrest records, like court records, are confidential subject to several important exceptions.[xxix] Most notably, the court, district attorney, or law enforcement agency may release to the public identifying information limited to the name, age and delinquent act of juveniles over the age of fourteen accused of certain delinquent acts as well as the disposition of juveniles in this age group adjudicated delinquent of certain acts.[xxx] This arrest information may be released for a juvenile that has been either adjudicated delinquent of or simply charged with a crime of violence or a second or subsequent felony-grade offense provided that the juvenile court has found probable cause that the child committed the offense.[xxxi] The same information may be released for juveniles who have been adjudicated delinquent of distribution or possession with the intent to distribute a controlled dangerous substance.[xxxii] There are forty-four offenses characterized as crimes of violence and many other drug-related offenses, making this a broad authorization.[xxxiii] Law enforcement agencies may also release the name, age, physical description and photograph of juveniles who have escaped from a juvenile detention center.[xxxiv] Additionally, juvenile courts may release any arrest information to a petitioning individual or agency “[f]or good cause when the information is material and necessary to a specific investigation or proceeding.”[xxxv]

            Fingerprints and photographs are made available only to law enforcement and correctional agencies for purposes related to official functions.[xxxvi] The fingerprints are submitted to the central fingerprint repository maintained by the Louisiana Bureau of Criminal Identification and Information and the fingerprint repository, if any, maintained by the local law enforcement agency.[xxxvii]

            The record created by the juvenile detention center is not open for public inspection.[xxxviii] Only peace officers, probation officers, counsel representing the child, the district attorney, persons collecting statistical information, and authorized officers of the court have access to the record.[xxxix]

            There is no state law prohibiting the sale of any juvenile records available for public release to private data-mining companies.

 

 Treatment of Delinquency Court Records

 At what point in the court process do records begin and where are those records stored?

             Records begin at arrest and are maintained by the court that hears the case.[xl]

 What information does a juvenile court record contain?

             Generally, the records contain a copy of the delinquency petition alleging commission of a delinquent act, court appearance dates, detention status, detention stays, warrants, whether a weapon was used in the act, pleadings in the case, motion practice, disposition, and minutes from court proceedings.[xli] A record may also contain reports from probation officers, service providers and facilities, evaluations, medical records, school records, photographs, transcripts, letters or other written statements made by or about the juvenile and other information introduced into the court record throughout the course of a case.[xlii]

Who can access juvenile court records?

             Records are confidential and may not be disclosed except as expressly authorized by the Children’s Code.[xliii] Records and reports in individual cases may be released to parties, a party’s counsel or other legal representatives, and court-appointed special advocates (“CASAs”) in accordance with discovery and disclosure provisions of the Children’s Code.[xliv] In addition, when information is relevant and necessary to the performance of an agency’s respective duties and enhances services to the child or child’s family, the court may authorize the release of records, reports, or certain information contained therein to appropriate individuals representing the following entities: other courts and court-affiliated programs, the Department of Children and Family Services, the Office of Juvenile Justice, the Department of Health and Hospitals, the Department of Education or the local school in which the child is a student, the local district attorney's office, a multidisciplinary investigative child abuse team, a child advocacy center, a truancy and assessment center, other child serving agencies or programs, and the Attorney General's office.[xlv]

           Additionally, the court may order the release of individual records and reports, or certain information contained therein, to a petitioner, limited to the specific purpose for which the court authorizes release.[xlvi] The petitioner must show good cause and that the information is material and necessary to a specific investigation or proceeding.[xlvii] Any person authorized to review or receive confidential information must preserve its confidentiality in the absence of express authorization for sharing with others.[xlviii]

            The court, district attorney, or law enforcement agency may release to the public identifying information limited to the name, age and delinquent act of juveniles over the age of fourteen accused of certain delinquent acts as well as the disposition of juveniles adjudicated delinquent of certain acts.[xlix] This arrest information may be released for a juvenile that has been adjudicated delinquent of or simply charged with a crime of violence or a second or subsequent felony-grade offense provided that the juvenile court has found probable cause that the child committed the offense.[l] The same arrest information may be released for juveniles who have been adjudicated delinquent of distribution or possession with the intent to distribute a controlled dangerous substance.[li] There are forty-four offenses characterized as crimes of violence and many other drug-related offenses, making this a broad authorization.[lii]              

            Non-identifying information of a general nature, including statistics, is not confidential and may be released without a court order.[liii] By court order, an individual may be authorized to review confidential records and reports, including case file samples, for the purpose of collecting non-identifying general information.[liv] The court order must specify the type of information authorized for review and bind the reviewer to preserving the confidentiality of any identifying information.[lv]

 

Treatment of DNA Records

 When are DNA samples collected from juveniles? Where and how are the samples stored?

            Under the DNA Detection of Sexual and Violent Offenders Act, La. R.S. 15:601 et seq., a juvenile arrested for certain specified offenses will be required to provide a DNA sample at the time of booking.[lvi] The specified offenses requiring DNA collection at arrest include Battery of a Police Officer, Battery of a School Teacher, Battery of a School or Recreation Athletic Contest Official, Battery of a Correctional Facility Employee, Simple Battery, Battery of a Child Welfare Officer or Adult Protective Service Worker, Simple Battery of the Infirm, Domestic Abuse Battery, Aggravated Assault, Unlawful Use of a Laser on a Police Officer, Simple Assault, Assault on a School Teacher, Stalking, Identity Theft, Misdemeanor Carnal Knowledge of a Juvenile, Prohibited Sexual Conduct Between Educator and Student, Prostitution, Soliciting for Prostitutes, Inciting Prostitution, Prostitution by Massage, Massage – Sexual Conduct Prohibited, Letting Premises for Prostitution, Contributing to the Delinquency of Juveniles, Hate Crimes, Peeping Tom and Inciting to Riot.[lvii] Furthermore, juveniles who have been adjudicated delinquent for any felony-grade delinquent act will also be required to provide a DNA sample as a condition of probation or upon intake at a facility or institution.[lviii]

            The DNA sample is stored in the state DNA database maintained by the state police and is not indexed separately from adult records.[lix] Additionally, the state police is required to “provide DNA records to the FBI for storage and maintenance by CODIS.”[lx]

 Who has access to these records?

            A juvenile’s DNA profile is available to criminal justice agencies or approved crime labs that serve those agencies that have made a specific written or electronic request in furtherance of an official investigation.[lxi] The sample may only be used for law enforcement identification purposes or to assist in the recovery or identification of missing persons, human remains from disasters, or other humanitarian identification purposes.[lxii]Additionally, the state police is required to “provide DNA records to the FBI for storage and maintenance by CODIS.”[lxiii]

 

Expunging Delinquency Records

 How is “expungement” of juvenile records defined in Louisiana?

              Expungement of a juvenile court record is the destruction of documents or information mentioning conduct that the individual seeks to have erased, and in the case of items that cannot be destroyed, a prohibition against release.[lxiv]

 Do juveniles have the right or opportunity to expunge court records?

             Persons seventeen years of age or older may move for expungement of juvenile delinquency records.[lxv] If the records concern conduct that did not result in adjudication, the individual may apply for expungement immediately upon turning seventeen.[lxvi] In contrast, records relating to conduct that did result in an adjudication must meet specific requirements.[lxvii]

            For records concerning conduct that resulted in a misdemeanor adjudication, expungement may occur only if two or more years have elapsed since satisfaction of the most recent judgment.[lxviii] Records concerning conduct that result in a felony adjudication may be expunged only if (1) the adjudication was not for murder, any sexual crime, kidnapping, or armed robbery; (2) five or more years have elapsed since satisfaction of the most recent judgment against him or her; (3) the person has no criminal court felony convictions and no criminal court convictions for misdemeanors involving a weapon; and (4) there is no outstanding indictment or bill of information charging the person with a crime.[lxix]

 How does a juvenile expunge juvenile delinquency records?

            The person seeking expungement must make a written motion and state facts that constitute one or more of the enumerated grounds.[lxx] The motion must be filed with the court possessing the records the person seeks to expunge, or with the court having jurisdiction over the arresting agency.[lxxi] The person must serve the motion on the district attorney, the clerk of the court whose records are sought to be expunged, and separately on the head of any agency whose reports and records are sought to be expunged, including but not limited to the Federal Bureau of Investigation, the Louisiana Bureau of Criminal Identification and Information, the Department of Public Safety and Corrections, and local law enforcement agencies.[lxxii] Unless waived by consent of the parties, a contradictory hearing must be conducted with the district attorney and any agency whose records are sought to be expunged.[lxxiii] If the court finds that the grounds for expungement have been satisfied, it may order expungement.[lxxiv]

            The juvenile may also request that the DNA profile be removed from the state database on the grounds that the adjudication which necessitated the taking of the DNA sample has been reversed and the case dismissed.[lxxv] The state will remove the records upon receipt of the written request and a court order of expungement.[lxxvi]

How should a juvenile describe an expunged record?

            The expunged record should be considered nonexistent, and the juvenile may act and respond accordingly.[lxxvii] However, in some instances, such as on applications for certain schools, employment and professional accreditations, a form or interviewer may ask if an individual has ever been arrested, charged or adjudicated for a delinquent act as a juvenile and specify that the individual should respond affirmatively even if the offense has since been expunged.  The legal ramifications and other consequences of answering truthfully or untruthfully to such a question can vary depending on the circumstance.  Although most employers, agencies or educational institutions will not be able to verify independently the existence of an expunged adjudication or arrest absent access to someone with personal knowledge of the proceedings, individuals facing this type of situation should consult with an attorney as they may be legally required to answer honestly if offering an incorrect response would in itself be a violation of law.[lxxviii]

 Who has access to expunged juvenile records?

             The court may maintain a confidential record of the fact of an expunged adjudication.[lxxix] This information may be released only upon written motion of a court exercising criminal jurisdiction over the person whose records are sought and then only for the purposes authorized by the Code of Criminal Procedure.[lxxx]

            All references, documents, records, or other materials that cannot be destroyed must be maintained by the court, but may not be released under any circumstances.[lxxxi] No one will have access to expunged DNA samples. These records must be must be destroyed by state police provided the proper expungement procedures are followed.[lxxxii]

            It should be noted that expungement procedures applicable to adult arrests and convictions allow the Department of Public Safety and Corrections to maintain a confidential, nonpublic record of the arrest and disposition for investigative purposes only.[lxxxiii] The information contained in such a record may be released, upon specific request, to any law enforcement or criminal justice agency and the following entities:  the Louisiana State Board of Medical Examiners, the Louisiana State Board of Nursing, the Louisiana State Board of Dentistry, the Louisiana State Board of Examiners of Psychologists, the Emergency Medical Services Certification Commission, Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, or the Louisiana Supreme Court Committee on Bar Admissions.[lxxxiv]  However, these procedures, contained in Title 44 of the Revised Statutes, should not apply to records of expunged juvenile arrests and adjudications both because they are legally distinct from adult arrests and convictions and because the stricter protections regarding expungement contained in the Children’s Code control when there is a conflict.[lxxxv]

 

 Collateral Consequences Affecting Students

Can delinquency proceedings be used as the basis for school disciplinary proceedings resulting in suspension or expulsion from school?

            The mere existence of a delinquency petition will not lead to suspension or expulsion from school. However, students may be disciplined for conduct “in school or on the playgrounds of the school, on the street or road while going to or returning from school, or during intermission or recess.”[lxxxvi] Thus, the school disciplinary action may occur as a result of the same underlying acts alleged in a delinquency petition, but not due to the existence of the petition itself.

            However, the incarceration of any student in a juvenile institution for a felony-grade delinquent act, whether or not the act occurred on school grounds or at a school function, may be cause for expulsion of the student for a period of time as determined by the school board.[lxxxvii] The expulsion requires a vote of two-thirds of the elected members of the school board.[lxxxviii] This also gives any public school system in the state cause to refuse to admit the student to any school. The student may make a request for admission to a school board in the district in which the juvenile wishes to attend, but may only be admitted upon approval of a majority of the of the elected members of the board.[lxxxix]

 For conduct constituting a delinquent act committed at an elementary or secondary school, how long can a juvenile be suspended or expelled?

            School disciplinary polices are governed by Title 17 of the Revised Statutes but vary from school system to school system with regard to the length of suspensions and expulsions for conduct that may also be the subject of juvenile delinquency proceedings.[xc]  As a result, it is important to be familiar with the local handbook and code of conduct for the school system in which the alleged conduct took place.

             With regard to the statutory framework, juveniles in grades six through twelve, found guilty in a school hearing of possession of a firearm will be expelled for a minimum of two full school years, except that those who are under sixteen years of age may have the minimum term of expulsion modified by the school system superintendent on a case-by-case basis.[xci] Juveniles in kindergarten through grade five will be expelled for a minimum of one full school year except that the school system superintendent may modify the minimum term of expulsion on a case-by-case basis.[xcii] Juveniles sixteen and older found guilty by the school of possession of, knowledge of and intentional distribution of, or possession with intent to distribute any illegal drugs will be expelled for a minimum of two full school years.[xciii] Those who are under sixteen years old and in grades six through twelve will be expelled for a minimum of one full school year.[xciv] For juveniles in kindergarten through grade five, the school board has discretion to decide whether disciplinary action is necessary.[xcv]  All of the consequences described above apply regardless of the existence or outcome of juvenile delinquency proceedings based on the same conduct that resulted in school disciplinary proceedings.

               Notwithstanding the minimum terms of expulsion described above, any student expelled from school may be readmitted on a probationary basis to school at any time during the specified period of expulsion subject to certain terms and conditions placed in writing such as enrollment in an alternative school and in certain cases the required enrollment in a counseling or rehabilitation program related to the reason for the expulsion.[xcvi] However, a juvenile who has also been adjudicated delinquent for an offense related to the reason for expulsion may not be readmitted on a probationary basis unless the juvenile judge allows it.[xcvii]

               Juveniles who have been expelled may not re-enroll in any public school in any other school system in the state without the approval of the school board for the new school.[xcviii] Juveniles found guilty by the school of committing assault or battery on a school employee cannot attend school where that employee works unless the school system has no other school of suitable grade level.[xcix] For damages to school property (or a school bus), a juvenile who has been suspended for the act cannot return to any school in that school system (or ride any school bus) until fully paying for all damages or until directed by the superintendent of schools.[c]  It should also be noted that special education students enjoy special disciplinary protections that may affect the length of suspensions and expulsions and the procedures that must be followed in order to remove a student from his or her normal educational setting.[ci]

How should juveniles respond to inquiries about records on post-secondary school applications?

             In Louisiana, there is no law prohibiting colleges or universities from asking applicants about confidential juvenile court records.  Questions about criminal history and policies regarding the disclosure of juvenile records vary among universities (even within the same university system) and other post-secondary schools.  Individuals with only juvenile adjudications may honestly answer “no” to questions about the existence of criminal arrests or convictions since the nature of delinquency proceedings are separate both legally and in their underlying purpose from criminal proceedings.[cii]

             Nevertheless, some post-secondary school applications may ask more generally about any prior violations of law or specifically about juvenile arrests or adjudications even if they have been expunged.  Reporting juvenile adjudications when required by an application will generally not automatically preclude an individual from admission to a post-secondary institution.  Students faced with this situation should consult with an attorney as the legal ramifications and other consequences of answering such a question dishonestly can vary depending on the circumstance.[ciii]   

 

   Employment Opportunities

 Can juvenile records be viewed for employment purposes?

            Private employers conducting background checks with the Louisiana Bureau of Criminal Identification and Information only have access to records of adult convictions and therefore will not be able to obtain information related to juvenile arrests and adjudications.[civ] As a result, private employers are generally unaware of juvenile court records unless reported by the applicant.   

            Although unlikely, employers might be able to access some information from local law enforcement agencies since limited identifying information regarding juvenile records may be released to members of the general public for juveniles over the age of fourteen accused of or adjudicated delinquent for certain felony-grade offenses.[cv] Likewise, an employer may petition the court to obtain court records after showing good cause if the information is material and necessary to a specific investigation or proceeding.[cvi] However, employers may not view expunged records.[cvii][85]

 How should juveniles respond to inquiries about juvenile records on job applications?

            There is no law prohibiting employers from asking applicants about confidential juvenile court records. Individuals with only juvenile adjudications may honestly answer “no” to questions about the existence of criminal arrests or convictions since the nature of delinquency proceedings are separate both legally and in their underlying purpose from criminal proceedings.[cviii]

            Nevertheless, some employers may ask as part of the application process if an individual has ever been arrested or adjudicated delinquent for an offense as a juvenile, whether or not the juvenile records related to the offense have since been expunged. Although employers may or may not be able to verify independently the existence of a juvenile adjudication or arrest, individuals facing this type of situation should consult with an attorney as the legal ramifications and other consequences of answering such a question dishonestly can vary depending on the circumstance.[cix]   

 Which occupations require disclosure of juvenile arrests or adjudications?

             There is no comprehensive law specifying whether juveniles must disclose arrests or adjudications for specific occupations. Licensing boards have individual policies regarding whether juvenile records must be disclosed. A juvenile should contact the licensing board of interest to learn the policy.

 

 Collateral Consequences to Receipt of Public Benefits and Child Custody

 Will a juvenile record affect receipt of public benefits?

            Juveniles receiving certain benefits, such as Supplemental Security Income (“SSI”), may not receive benefits during residency at a public institution such as a juvenile detention center or secure care facility.[cx]

 Will a juvenile record affect a juvenile’s custody of his/her children?

            If a juvenile committed rape that resulted in the conception of a child, parental rights may be involuntarily terminated.[cxi] Otherwise, custody, visitation and parental rights issues are determined on a case-by-case basis by the court.  In many instances, the alleged underlying behavior that constitutes the basis of a delinquency petition could also trigger an investigation by the Department of Children and Family Services and ultimately lead to a loss of custodial or parental rights if substantiated.[cxii]

 Will a juvenile record affect the chance of becoming a foster parent or adopting a child?

            Foster parents must be free of “convictions, indictment or substantial evidence of involvement in any criminal activity involving violence against a person, serious sexual misconduct, gross irresponsibility or disregard for the safety of others, or serious violations of accepted standards or ethical conduct.”[cxiii]  Juvenile adjudications should not be considered for this purpose since juvenile proceedings are non-criminal in nature.[cxiv] Furthermore, exceptions may be made to this requirement if the activity is remote, not sufficiently serious to cause disqualification, or poses no threat to the health, safety, or well-being of the foster child.[cxv] However, if discovered the underlying conduct that may have been the basis of juvenile delinquency proceedings could be considered in determining whether the individual demonstrates the “emotional stability, good character, a responsible adult life style, freedom from excessive use of alcohol or use of illegal drugs and the ability to provide appropriate supervision, humane care, reasonable discipline and a home-like environment” required to be a foster parent.[cxvi]  The same standards apply to potential adoptive parents.[cxvii]

 Can a juvenile record (or a household member’s juvenile record) affect eligibility for public housing?

             Juvenile adjudications and the underlying activity that is the subject of the proceedings may affect the public housing rights of a juvenile and his or her family in several ways.  Federal law states that anyone “who is subject to a lifetime registration requirement under a State sex offender registration program” is permanently banned from public housing.[cxviii] Public housing agencies are also required to prohibit occupancy by anyone who engages in the illegal use of a controlled substance or in the abuse of alcohol if there is cause to believe that the abuse of alcohol may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents.”[cxix] Anyone who is evicted for drug-related criminal activity remains ineligible for public housing for a three-year period from the date of eviction.[cxx] The housing provider may make an exception for a family if the juvenile successfully completes a supervised drug rehabilitation program approved by the local public housing authority or the circumstances leading to the eviction no longer exist (for example, if the juveniles are placed in a secure facility).[cxxi]

            Louisiana’s public housing programs are administered through local public housing authorities. Each may have additional rules about banning certain tenants due to certain behavior.  Public housing agencies have the authority to deny admission to any household in which a member is engaging “in any drug-related or violent criminal activity or other criminal activity which would adversely affect the health, safety, or right to peaceful enjoyment of the premises by other residents, the owner, or public housing agency employees.”[cxxii]

 Can an arrest or adjudication of a juvenile household member result in a family being evicted from rental housing?

             A juvenile’s behavior constituting a delinquent act may cause eviction from rental housing, whether private or public, if it violates the terms of the lease; an adjudication is not necessarily required. 

            Federal law states that for public housing, drug-related criminal activity by juvenile household members may result in the entire family being evicted, even if the delinquent conduct does not occur on public housing property.[cxxiii] For other housing funded through the Department of Housing and Urban Development, drug-related criminal activity committed on or near the premises, or any criminal activity that threatens the health, safety or right to peaceful enjoyment of residents living in the immediate vicinity, may also result in eviction.[cxxiv] Illegal drug use or a pattern of illegal drug use or alcohol abuse that interferes with the health, safety, or right to peaceful enjoyment of the premises may result in eviction, although evidence of rehabilitation may be considered.[cxxv] Persons violating probation or parole may also be evicted from federally funded housing.[cxxvi] Again, local public housing authorities may have additional rules regarding eviction.

 Can a juvenile record affect a juvenile’s driver’s license or permit?

            A juvenile will lose driving privileges if adjudicated of any offense involving the possession, use, or abuse of alcohol or one or more controlled dangerous substances; any offense in violation of the Uniform Controlled Dangerous Substances Law; or any offense in violation of any provision of the Louisiana Drug Racketeering Act.[cxxvii] The court must order relinquishment of the juvenile’s driver's license, if any, and must order a denial of driving privileges, including the right to apply for driving privileges, for a period of not less than thirty days but not more than one year.[cxxviii]

            A driver’s license will be suspended for one year if the juvenile is suspended, expelled, or assigned to an alternative school for ten or more consecutive days for illegal substances, firearms, or for assault or battery on a school employee.[cxxix] If the juvenile does not yet have a driver’s license but obtains one during that one year period, it will be suspended.[cxxx] If suspended, the juvenile must pay to have the license reinstated.[cxxxi]  In certain situations the juvenile may also apply for a “hardship” license.[cxxxii] If approved, the juvenile will receive provisional driving privileges to drive to and from school, work, drug or alcohol treatment, or mental health treatment.[cxxxiii]  Hardship licenses are generally approved only when there are no alternative modes of transportation.[cxxxiv]  Finally, if the juvenile’s license has been suspended for at least six months, and the school principal notifies the department that the student has displayed exemplary behavior and has not violated school policies, the student may be eligible for reapplication prior to the initial suspension period.[cxxxv]

 

 Collateral Consequences Regarding Financial Obligations

If a juvenile is adjudicated delinquent, will there be any financial obligations?

            A juvenile adjudicated delinquent may be required to pay restitution as part of the terms of the disposition.[cxxxvi] Financial obligations have been treated like a money judgment in a civil lawsuit in that they have been deemed enforceable against the juvenile or his parents within a ten year prescriptive period.[cxxxvii] If the juvenile does not pay, parents may be held responsible for payment.[cxxxviii] Additionally, the juvenile court may impose fines, court costs, court-appointed attorney’s fees, costs of defense,[cxxxix] and appeals costs.[cxl] The court has the discretion to waive costs and fees if it finds that a party is unable to pay such costs and fees due to poverty or lack of means.[cxli]

 

 Special Offender Registries

 When would a juvenile have to register?

           Juveniles adjudicated delinquent of a sex offense who are at least fourteen years old at the time of the offense are subject to lifetime sex offender registration and notification requirements for certain offenses.[cxlii] These offenses include adjudications based on the commission, attempted commission, or conspiracy to commit aggravated rape, forcible rape, second degree sexual battery, aggravated kidnapping of a child under thirteen, second degree kidnapping of a child under thirteen, aggravated incest, and aggravated crime against nature.[cxliii] The juvenile must register, even if later pardoned.[cxliv][116]

            Louisiana does not have a registry for domestic violence offenders. However, there is a state protective order registry, which encompasses temporary restraining orders, protective orders, preliminary injunctions, permanent injunctions, and court-approved consent agreements.[cxlv] The information in the registry is made available to state and local law enforcement agencies, district attorney offices, the Department of Children and Family Services, the Office of Family Support, Support Enforcement Services, Office of Community Services, the Department of Health and Hospitals, Bureau of Protective Services, the Governor's Office of Elderly Affairs, Elderly Protective Services, the Office of the Attorney General, and the courts.[cxlvi]

 What are the sex offender registration requirements for juveniles?

            Juveniles are required to register with the sheriff of the parish of residence and with the chief of police if the residence is located in an incorporated area that has a police department.[cxlvii] If the juvenile resides in a parish with a population in excess of 450,000, the juvenile must register with the police department of their municipality of residence.[cxlviii]

            Juveniles must also register with the sheriff of the parish where employed and attending school.[cxlix] If employed or attending a school in a parish with a population in excess of 450,000, the juvenile must register with that municipality’s police department.[cl] Registration in the parish of the adjudication is required only for initial registration.[cli]

            Juveniles are required to give personal information including name and aliases; physical description; date of birth; work, home and school addresses; vehicle make, model and color and plate number; offense and date; and a current photograph.[clii] The juvenile must also provide phone numbers, social security numbers, all email addresses and online identifiers, travel and immigration documents, fingerprints, DNA samples, and palm prints to law enforcement agencies.[cliii] If juveniles provide recreational instruction (for example, teach martial arts or music lessons) to minors, the juvenile must display a notification in the building.[cliv] Juveniles must also pay an annual registration fee to each parish where they are required to register.[clv]

            Juveniles must appear in person and provide the above information to appropriate law enforcement agencies within three business days of establishing residence in Louisiana, or if a current resident, within three business days after adjudication if not immediately incarcerated or taken into custody.[clvi]  If placed in a secure facility immediately after adjudication, the juvenile must provide the above information to the deputy secretary for youth services within ten days prior to release from confinement.[clvii]  Once released, the juvenile must appear in person within three business days to register with appropriate law enforcement agencies.[clviii]

 Who has access to the offender registry?

            The public has access to information in the registry through the Louisiana Bureau of Criminal Identification and Information.[clix] The Bureau also participates in the National Sex Offender Registry.[clx]The conviction data and fingerprints of the offenders are transmitted to the Federal Bureau of Investigation.[clxi]

            The Bureau provides the capability for social networking sites to compare the database of registered users of the site to the list of e-mail addresses, instant message addresses, and other similar online identifiers of persons in the State Sex Offender and Child Predator Registry.[clxii]  

 What information is disclosed to the public?

            Available public information on registered sex offenders is the same for adult and juvenile offenders (for example, names and aliases; physical description; date of birth; work, home and school addresses; vehicle make, model, color and plate number; offense and date; and a current photograph).[clxiii] Juvenile registrants’ personal information is not given special protection.

            Telephone numbers, e-mail addresses, and online identifiers are exempted from public access.[clxiv] The registry contains the ability to search by one of these types of information and indicates whether the information has been linked to a sex offender.[clxv] The search, however, does not disclose the name or any other identifying information about the offender to the person conducting the search.[clxvi]

 Is there relief for those who are on the sex offender registry?

            All offenses for which a juvenile is required to register as a result of an adjudication of delinquency carry a lifetime registration requirement.[clxvii] However, after twenty-five years, a juvenile required to register under these provisions who has maintained a clean record for that length of time may petition the court to be relieved of the sex offender registration requirements.[clxviii] Maintaining a “clean record” for the purposes of obtaining relief requires that the juvenile not be convicted of any offense for which imprisonment of more than one year may be imposed; not be convicted of any sex offense; successfully complete any periods of supervised release, probation, or parole; successfully complete an appropriate sex offender treatment program; and comply with all sex offender registration and notification requirements.[clxix]

 


 

 


[i]La. Child. Code Ann. art. 804(1) (2011).

[ii]La. Child. Code Ann. art. 804(3) (2011). The offenses of Illegal Possession of a Handgun by a Juvenile, La. R.S. 14:95.8, and Sexting, 14:81.1.1(A)(2), can by definition only be committed by juveniles but are nonetheless specifically included in the definition of delinquent act as is the offense of direct contempt of court. Id.

[iii]La. Child. Code Ann. art. 883 (2011).

[iv]See La. Child. Code Ann. arts. 801-922 (2011).

[v]La. Child. Code Ann. arts. 104-105 (2011).

[vi]La. Child. Code Ann. art. 302(1) (2011).

[vii]La. Child. Code Ann. art. 302(2)-(4) (2011).

[viii]La. Child. Code Ann. art. 103 (2011).

[ix]See Hector Linares and Derwyn Bunton, An Open Door to the Criminal Courts: Analyzing the Evolution of Louisiana's System for Juvenile Waiver, 71 La. L.Rev. 191 (2010).

[x]La. Child. Code Ann. art. 857(A) (2011).

[xi]La. Child. Code Ann. art. 862(A) (2011).

[xii]La. Child. Code Ann. art. 857(B) (2011).

[xiii]La. Child. Code Ann. art. 305(A) (2011); see e.g., Roper v. Simmons, 543 U.S. 551, 125 S. Ct. 1183, 161 L. Ed. 2d 1 (2005)(banning the use of the death penalty for persons whose offenses occurred when the child was seventeen or younger); see e.g., Graham v. Florida, 130 S. Ct. 2011, 176 L. Ed. 2d 825 (2010), as modified (July 6, 2010), (requiring the possibility of parole for youths seventeen or younger at the time of the commission of the crime if the crime was a non-homicide offense).

[xiv]La. Child. Code Ann. art. 305(B) (2011).

[xv]La. Child. Code Ann. art. 305(D) (2011).

[xvi]La. Child. Code Ann. art. 884.1 (2011) (requiring notification of registration requirements after adjudications for Aggravated Rape, La. R.S. 14:42, Forcible Rape, La. R.S. 14:42.1, Second Degree Sexual Battery, La. R.S. 14:43.2, Aggravated Kidnapping of a child under the age of thirteen, La. R.S. 14:44 or 44.2, Second Degree Kidnapping of a child under the age of thirteen, La. R.S. 14:44.1, Aggravated Incest, La. R.S. 14:78.1, and Aggravated Crime Against Nature, La. R.S. 14:89.1).

[xvii]La. Rev. Stat. Ann. § 15:543(B) (2011).

[xviii]State v. Brown, 2003-2788 (La. 7/6/04); 879 So. 2d 1276, 1289; see generally In re C.B., 1997-2783 (La. 3/4/98); 708 So. 2d 391, 400 (holding that adjudication proceedings are of a non-criminal nature).

[xix]Brown, 879 So. 2d at 1289. But see La. Child. Code Ann. art. 414 (2011); La. Code Evid. ann. art. 609.1 (2011).

[xx]See U.S.S.G. §1B1.9 (2010); see also United States v. Burge, 407 F.3d 1183, 1191 (11th Cir. 2005) (allowing juvenile adjudications to be used as sentence-enhancing prior convictions); United States v. Jones, 332 F.3d 688, 696 (3d Cir. 2003) (same); United States v. Smalley, 294 F.3d 1030, 1033 (8th Cir. 2002) (same); United States v. Crowell, 493 F.3d 744, 750 (6th Cir. 2007) (same); United States v. Matthews, 498 F.3d 25, 36 (1st Cir. 2007) (same)

[xxi]Cf. La. Child. Code Ann. art. 919(C) (2011) (requiring that a motion for expungement be filed with the court having jurisdiction over the arresting agency).

[xxii]La. Child. Code Ann. art. 818(C) (2011).

[xxiii]La. Child. Code Ann. art. 818(A) (2011).

[xxiv]La. Child. Code Ann. art. 818(B) (2011).

[xxv]La. Child. Code Ann. art. 104 (2011). Cf, La. Code Crim. Proc. Ann. art. 228(C)(1) (2011) (describes the booking procedure); La. Rev. Stat. Ann. § 44:3(A)(4)(b) (2011) (describes the contents of the initial police report).

[xxvi]La. Code Crim. Proc. Ann. art. 228(C)(1) (2011).

[xxvii]La. Child. Code Ann. art. 816(A) (2011).

[xxix]See La. Child. Code Ann. art. 412 (2011), see also La. Op. Att’y Gen. No. 93-106 (April 12, 1993).

[xxx]La. Child. Code Ann. art. 412(H) (2011).

[xxxi]La. Child. Code Ann. art. 412(H)(1) (2011).

[xxxii]La. Child. Code Ann. art. 412(H) (2011).

[xxxiii]La. Rev. Stat. Ann. § 14:2(B) (2011); La. Rev. Stat. Ann. §§ 40:961 and 963 (2011).

[xxxiv]La. Child. Code Ann. art 412(K) (2011).

[xxxv]La. Child. Code Ann. art 412(E).

[xxxvi]La. Child. Code Ann. art. 818(C) (2011).

[xxxviii]La. Child. Code Ann. art. 816(B) (2011).

[xxxix]Id.

[xl]See La. Child. Code Ann. art. 411(A) (2011).

[xli]See generally La. Child. Code Ann. arts. 801-922 (2011).

[xlii]See La. Child. Code Ann. Art. 402 (2011).

[xliii]La. Child. Code Ann. art. 412(A) (2011).

[xliv]Id. at (C).

[xlv]Id. at (D).

[xlvi]Id. at (E).

[xlvii]Id.

[xlviii]Id. at (A).

[xlix]La. Child. Code Ann. art. 412(H) (2011).

[l]La. Child. Code Ann. art. 412(H)(1) (2011)

[li]Id.at (H).

[lii]La. Rev. Stat. Ann. § 14:2(B) (2011); La. Rev. Stat. Ann. §§ 40:961 and 963 (2011).

[liii]La. Child. Code Ann. art. 412(B) (2011).

[liv]Id.

[lv]Id.

[lvi]La. Rev. Stat. Ann. § 15:609(A)(2) (2011).

[lvii]See La. Rev. Stat. Ann. §15:603 (2011).

[lviii]La. Rev. Stat. Ann. § 15:609 (2011).

[lix]La. Rev. Stat. Ann. § 15:611(A) (2011).

[lx]La. Rev. Stat. Ann. § 15:605 (2011).

[lxi]La. Rev. Stat. Ann. § 15:612(A)(1) (2011).

[lxii]La. Rev. Stat. Ann. § 15:611(C) (2011).

[lxiii]La. Rev. Stat. Ann. § 15:605 (2011).

[lxiv]La. Child. Code Ann. arts. 920-922 (2011); see also La. Child. Code Ann. art. 917, comment (b) (2011).

[lxv]La. Child. Code Ann. art. 917 (2011).

[lxvi]La. Child. Code Ann. art. 918(A) (2011).

[lxvii]Id.at (B)-(C).

[lxviii]Id.at (B).

[lxix]Id.at (C).

[lxx]La. Child. Code Ann. art. 919(B) (2011).

[lxxi]Id.at (C).

[lxxii]Id. at (D).

[lxxiii]Id.at (E).

[lxxiv]Id.at (F).

[lxxv]La. Rev. Stat. Ann. § 15:614(A)(2) (2011).

[lxxvi]Id.at(B).

[lxxvii]La. Child. Code Ann. art. 922 (2011).

[lxxviii]Attorneys advising individuals should be particularly mindful of certain situations in which an intentionally incorrect response or sworn statement on an application could possibly be construed as constituting a type of fraud or perjury depending on the nature and circumstances of the application. See, e.g., La. Rev. Stat. Ann. § 14:126.3 (2011) (“The crime of health care facility application fraud is the knowing and intentional offering of a false written or oral statement in any employment application or in an effort to obtain employment as a caretaker in any nursing home, mental retardation facility, mental health facility, hospital, home health agency, hospice, or other residential facility required to be licensed or operated under the laws of this state or established by the laws of this state”).

[lxxix]La. Child. Code Ann. art. 920(C) (2011).

[lxxx]Id.; see La. Code Crim. Proc. Ann. arts. 337 and 875 (2011) (describing procedures for criminal courts to request the abstracts of delinquent acts of an adult defendant for purposes of determining bail and of the pre-sentence investigation).

[lxxxi]La. Child. Code Ann. art. 920(B) (2011).

[lxxxii]La. Rev. Stat. Ann. § 15:614(B) (2011).

[lxxxiii]La. Rev. Stat. Ann. § 44:9(C)(2) (2011).

[lxxxiv]Id. at (F).

[lxxxv]SeeLa. Child. Code Ann. arts. 103-105, 812(B) and 921 (2011); seegenerally State v. Brown, 2003-2788 (La. 7/6/04); 879 So. 2d 1276, 1289; In re C.B., 1997-2783 (La. 3/4/98); 708 So. 2d 391, 400 (holding that adjudication proceedings are of a non-criminal nature).

[lxxxvi]La. Rev. Stat. Ann. § 17:416(A)(1)(a) (2011).

[lxxxvii]Id.at (D)(1).

[lxxxix]Id. at(D)(2).

[xc]See La. Rev. Stat. Ann. § 17:416 (2011)

[xci]La. Rev. Stat. Ann. § 17:416(C)(2)(a)(i)-(b)(i) (2011)

[xcii]Id. at(C)(2)(c)(1).

[xciii]Id. at(C)(2)(a)(ii).

[xciv]Id. at(C)(2)(b)(ii).

[xcv]Id.at (C)(2)(c)(ii).

[xcvi]Id.at (C)(2)(d)(i).

[xcvii]Id.at (C)(2)(d)(iii).

[xcviii]La. Rev. Stat. Ann. § 17:416(B)(3)(a)(i) (2011).

[xcix]Id.at(A)(1)(c)(vii)(cc).

[c]Id. at (A)(3)(d).

[ci]SeeIndividuals with Disabilities Education Act, 20 U.S.C. § 1415(k) (2011).

[cii]La. Child. Code Ann. art. 812(B) (2011); seeState v. Brown, 2003-2788 (La. 7/6/04); 879 So. 2d 1276, 1289; In re C.B., 1997-2783 (La. 3/4/98); 708 So. 2d 391, 400 (holding that adjudication proceedings are of a non-criminal nature).

[ciii]Attorneys advising individuals should be particularly mindful of certain situations in which an intentionally incorrect response or sworn statement on an admission application or application for financial assistance could possibly be construed as constituting a type of fraud or perjury depending on the nature and circumstances of the application.

[civ]La. Rev. Stat. Ann. § 15:587(F)(1) (2011).

[cv]See “Who can access juvenile court records?”, supra.

[cvi]La. Child. Code Ann. art. 412(E) (2011).

[cvii]Id. at 920-922.

[cviii]La. Child. Code Ann. art. 812(B) (2011); seeState v. Brown, 2003-2788 (La. 7/6/04); 879 So. 2d 1276, 1289; In re C.B., 1997-2783 (La. 3/4/98); 708 So. 2d 391, 400 (holding that adjudication proceedings are of a non-criminal nature).

[cix]Attorneys advising individuals should be particularly mindful of certain situations in which an intentionally incorrect response or sworn statement on an admission application or application for financial assistance could possibly be construed as constituting a type of fraud or perjury depending on the nature and circumstances of the application; see Unif. Code Mil. Justice art. 83 (2011) (Allowing confinement of up to 2 years as punishment for knowingly misrepresenting or deliberately concealing material facts regarding qualifications for enlistment).

[cx]20 C.F.R. § 416.211(a) (2011); see also 20 C.F.R. § 416.201 (2011). The exception is if the facility is a community residence that serves less than seventeen people. 20 C.F.R. § 216.211(c) (2011).

[cxi]La. Child. Code Ann. art. 1015(8) (2011).

[cxii]See La. Child. Code Ann. arts. 606 and 1015 (2011)

[cxiii]La. Admin. Code title 67 § 6305(B)(1) (2011).

[cxiv]See State v. Brown, 2003-2788 (La. 7/6/04); 879 So. 2d 1276, 1289; In re C.B., 1997-2783 (La. 3/4/98); 708 So. 2d 391, 400 (holding that adjudication proceedings are of a non-criminal nature).

[cxv]La. Admin. Code title 67 § 6305(B)(1)(a) (2011).

[cxvi]Id. at (A)(1).

[cxvii]La. Admin. Code title 48 § 4115(C)(2) (2011).

[cxviii]42 U.S.C. § 13663(a) (2011).

[cxix]Id. at (b)(1).

[cxx]42 U.S.C. § 13661(a) (2011); 24 C.F.R. § 982.553 (2011).

[cxxi]42 U.S.C. § 13661(b) (2011).

[cxxii]Id. at (c).

[cxxiii]42 U.S.C. § 1437d(l)(6) (2011); 24 C.F.R. § 966.4(f)(12)(i) (2011).

[cxxiv]42 U.S.C. § 1437f(d)(1)(B)(iii) (2011).

[cxxv]42 U.S.C. § 13662 (2011).

[cxxvi]42 U.S.C. § 1437f(d)(1)(B)(v) (2011).

[cxxvii]La. Child. Code Ann. art. 885(A) (2011).

[cxxix]La. Rev. Stat. Ann. § 32:431(B)(1)(a) (2011); see also La. Rev. Stat. Ann. § 17:416.1(D)(1)-(2) (2011).

[cxxx]La. Rev. Stat. Ann. § 32:431(B)(1)(b) (2011).

[cxxxi]Id. at (C)(2)(b).

[cxxxii]Id. at (D).

[cxxxv]Id.at (E).

[cxxxvi]La. Child. Code Ann. arts. 897(B)(2)(c) and 899(B)(2)(c) (2011).

[cxxxvii]See Johnson v. Escude, 2007-801 (La. App. 3 Cir. 12/5/07); 971 So. 2d 529 writ not considered, 2008-0063 (La. 3/7/08); 977 So. 2d 914.

[cxxxviii]La. Civ. Code Ann. art. 2318 (2011).

[cxxxix]La. Rev. Stat. Ann. § 15:176 (2011).

[cxl]La. Child. Code Ann. art. 335(D) (2011).

[cxli]La. Child. Code Ann. art. 406 (2011).

[cxlii]La. Rev. Stat. Ann. § 15:544(B)(2)(b) (2011).

[cxliii]La. Rev. Stat. Ann. § 15:542(A)(3) (2011).

[cxliv]La. Rev. Stat. Ann. § 15:544(B)(1) (2011).

[cxlv]La. Rev. Stat. Ann. § 46:2136.2(B) (2011).

[cxlvi]Id.at (F).

[cxlvii]La. Rev. Stat. Ann. § 15:542(B)(1) (2011).

[cxlix]Id. at (B)(2).

[cl]Id.

[cli]Id.

[clii]La. Rev. Stat. Ann. § 15:542(C) (2011).

[cliii]La. Rev. Stat. Ann. § 15:542(C)(1) (2011); La. Rev. Stat. Ann. § 15:542.1.5(A)(2)(b) (2011).

[cliv]La. Rev. Stat. Ann. § 15:542.1(B) (2011).

[clv]La. Rev. Stat. Ann. § 15:542(D) (2011).

[clvi]Id. at (C)(2).

[clvii]Id.

[clix]La. Rev. Stat. Ann. § 15:542.1.5(A)(2)(a) (2011).

[clx]Id.at (C).

[clxi]Id.at (D)(2).

[clxii]Id.at (G).

[clxiii]Louisiana State Police - State Sex Offender and Child Predator Registry, http://www.lsp.org/socpr/default.html (last visited Aug. 14, 2011).

[clxiv]Id. 

[clxv]Id. 

[clxvi]Id. 

[clxvii]La. Rev. Stat. Ann. § 15:544(B)(2)(b) (2011).

[clxviii]Id.at (D).

[clxix]Id. at (D)(2).

 

ABA Criminal Justice Section Juvenile Justice Committee

http://www2.americanbar.org/sections/criminaljustice/JJ/

National Juvenile Defender Center

http://www.njdc.info/

MacArthur Foundation Models for Change

http://www.macfound.org/site//Juvenile Justice/

Juvenile Justice Project of Louisiana

http://jjpl.org/

 Louisiana Public Defender Board

http://www.lpdb.la.gov

Louisiana Justice Coalition

www.lajusticecoalition.org

Louisiana Association of Criminal Defense Lawyers

www.lacdl.org

Brennan Center for Justice Community Oriented Defender Network

http://www.brennancenter.org//community_oriented_defender_network/