RÉSUMÉ DIGEST
ACT 271 (HB 298) 2023 Regular Session Hughes
Existing law (Ch.C. Art. 1004(I)) provides that when a child is conceived as a result of a sex
offense, the victim of the sex offense may petition to terminate the rights of the perpetrator
of the sex offense.
New law (Ch.C. Art. 1004.1) expands existing law by providing that if termination is
granted, the perpetrator of the sex offense shall lose all rights parental rights. Additionally,
the perpetrator loses the right to intervene in the termination, custody, visitation, or contact
action.
Existing law (Ch.C. Art. 1015(3) and (9)) provides that both the conviction and commission
of a sex offense by the natural parent which resulted in the conception of the child are
grounds for termination of parental rights.
New law (Ch.C. Art. 1015.1) redesignates existing law by creating a separate provision
exclusively covering termination of parental rights when the child is conceived as result of
a sex offense.
Existing law (Ch.C. Art. 1016(A)) provides that neither the child nor anyone purporting to
act on behalf of the child may be permitted to waive the child's right to counsel.
New law (Ch.C. Art 1016 (A)(2)) provides that the court shall have discretion to decide
whether to appoint counsel for the child.
New law provides that in no event shall the minor child be required to interact with the
respondent as a condition to pursue termination of parental rights, and any counsel acting
on behalf of the child shall not be required to make the child available for visitation or
conversation with the respondent's family.
Existing law (Ch.C. Art. 1037(B)) provides that when the court finds that the alleged
grounds in Ch.C. Art. 1015 are proven by clear and convincing evidence and that it is in the
best interest of the child, the court shall order the termination of the parental rights of the
parent against whom the allegations are proven.
New law (Ch.C. Art. 1037(B)(2)) adds a reference to Ch.C. Art. 1015.1 as grounds for
termination of parental rights.
New law (Ch.C. Art. 1037(B)(2)) provides that when termination is granted based on the
grounds set forth in Ch.C. Art. 1015.1, it shall not be considered in the best interest of the
child for the perpetrator to have any right to custody, visitation, or any other contact with the
child.
Existing law (Ch.C. Art. 1039(B)) provides that if the court finds the alleged grounds are not
proven by clear and convincing evidence or if termination is not in the best interest of the
child it shall enter written findings and may (1) dismiss the petition; (2) reinstate the parent
to full care and custody of the child; (3) if the child has been previously adjudicated as a
child in need of care, reinstate that proceeding pursuant to existing law; (4) upon a showing
of sufficient facts, adjudicate the child in need of care in accordance with existing law; (5)
upon a showing of sufficient facts, adjudicate the family in need of care services in
accordance with existing law; or (6) make any other disposition that is in the best interest
of the child.
New law (Ch.C. Art. 1039(B)(2)) provides that in actions based on Ch.C. Art. 1015.1, if the
alleged grounds are not proven, any determination of custody, visitation, contact, and all
other parental rights of the alleged perpetrator shall be determined in a separate action
independent of the termination proceeding.
Prior law (C.C. Art. 137(A)) provided that if a child was conceived through the commission
of a felony rape, the parent who committed the felony rape shall be denied visitation rights
and contact with the child.
New law (C.C. Art. 137(A)) provides that if a child was conceived through the commission
of a sex offense as provided by R.S. 15:541, the parent who committed the sex offense shall
be denied visitation rights and contact with the child.
Effective upon signature of governor (June 9, 2023).
(Amends Ch.C. Arts. 1004(A), 1004.1, 1015, 1015.1, 1016(A), 1037(B), and 1039(B), and
C.C. Art. 137(A); Adds Ch.C. Arts. 1004.2 and 1015.2; Repeals Ch.C. Art. 1004(I))