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Domestic Relations Essay

3066 words - 13 pages

Louisa lives in Baton Rouge, LA. In 2002, her husband, Jacques, was killed in a boating accident. Because of this, Louisa became depressed and started drinking heavily. Unfortunately, there were several times that her drinking and depression got the better of her and she had a few incidents where she severely beat her two children, Marie and Pierre, aged 6 and 8 respectively.
Based on those incidents, the children were removed from Louisa's home and placed with a foster family in 2003, where they have lived for the past 3 years. The foster parents, the Smiths, later formally adopted the children.
After her children were taken away, Louisa realized that she'd better get her life in order. ...view middle of the document...

From the states Civil Code to the Child Code, the state legislature has done much to insure that children are protected.
La. R.S. 9:362 (2012)
Definitions
As used in this Part:
(3) "Family violence" includes but is not limited to physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injuring and defamation, committed by one parent against the other parent or against any of the children. Family violence does not include reasonable acts of self-defense utilized by one parent to protect himself or herself or a child in the family from the family violence of the other parent.
(7) "Treatment program" means a course of evaluation and psychotherapy designed specifically for perpetrators of family violence, and conducted by licensed mental health professionals.

Louisiana Children’s Code
Art. 1015. Grounds
(3) Misconduct of the parent toward this child or any other child of the parent or any other child in his household which constitutes extreme abuse, cruel and inhuman treatment, or grossly negligent behavior below a reasonable standard of human decency, including but not limited to the conviction, commission, aiding or abetting, attempting, conspiring, or soliciting to commit any of the following:
(h) A felony that has resulted in serious bodily injury.
(4) Abandonment of the child by placing him in the physical custody of a nonparent, or the department, or by otherwise leaving him under circumstances demonstrating an intention to permanently avoid parental responsibility by any of the following:
(b) As of the time the petition is filed, the parent has failed to provide significant contributions to the child's care and support for any period of six consecutive months.
(c) As of the time the petition is filed, the parent has failed to maintain significant contact with the child by visiting him or communicating with him for any period of six consecutive months.
(5) Unless sooner permitted by the court, at least one year has elapsed since a child was removed from the parent's custody pursuant to a court order; there has been no substantial parental compliance with a case plan for services which has been previously filed by the department and approved by the court as necessary for the safe return of the child; and despite earlier intervention, there is no reasonable expectation of significant improvement in the parent's condition or conduct in the near future, considering the child's age and his need for a safe, stable, and permanent home.

Art. 1208. Hearing; petition for agency adoption

A. The court shall sign the order setting the time and place for the hearing of the petition for agency adoption not less than thirty nor more than sixty days after the filing of the adoption petition. The court may extend this time for up to sixty additional days for good cause, which may include a showing by the department that it has been impossible to gather the necessary...

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