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Rs 14:46.4 Re-Homing Of A Child

§46.4. Re-homing of a child

A. Re-homing of a child is any one of the following:

(1) A transaction, or any action taken to facilitate such transaction, through electronic

means or otherwise by a parent or any individual or entity with custody of a child who

intends to avoid or divest himself of permanent parental responsibility by placing the child

in the physical custody of a nonrelative, without court approval, unless Subsection B of this

Section applies. Actions include but are not limited to transferring, recruiting, harboring,

transporting, providing, soliciting, or obtaining a child for such transaction.

(2) The selling, transferring, or arranging for the sale or transfer of a minor child to

another person or entity for money or any thing of value or to receive such minor child for

such payments or thing of value.

(3) Assisting, aiding, abetting, or conspiring in the commission of any act described

in Paragraphs (1) and (2) of this Subsection by any person or entity, regardless of whether

money or any thing of value has been promised to or received by the person.

B. Re-homing does not include:

(1) Placement of a child with a relative, stepparent, licensed adoption agency,

licensed attorney, or the Department of Children and Family Services.

(2) Placement of a child by a licensed attorney, licensed adoption agency, or the

Department of Children and Family Services.

(3) Temporary placement of a child by parents or custodians for designated short-term periods with a specified intent and time period for return of the child, due to a vacation

or a school-sponsored function or activity, or the incarceration, military service, medical

treatment, or incapacity of a parent.

(4) Placement of a child in another state in accordance with the requirements of the

Interstate Compact on the Placement of Children.

(5) Relinquishment of a child pursuant to the provisions of the Safe Haven Law,

Children's Code Article 1149 et seq.

C. Whoever commits the crime of re-homing of a child shall be fined not more than

five thousand dollars and shall be imprisoned at hard labor for not more than five years.

D. It shall not be a defense to prosecution for a violation of this Section that the

person being re-homed is actually a law enforcement officer or peace officer acting within

the official scope of his duties.

E. The provisions of Chapter 1 of Title V of the Louisiana Children's Code regarding

the multidisciplinary team approach applicable to children who have been abused or

neglected, to the extent practical, shall apply to the children who are victims of the provisions

of this Section.

Acts 2014, No. 721, §2; Acts 2016, No. 80, §1.

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Local Government
John Bel Edwards
John Bel Edwards
January 11, 2016 -
900 North 3rd Street, Baton Rouge, LA, 70802