Art. 1103. Definitions
As used in this Title:
(1) "Agency" includes the Department of Children and Family
Services, the corresponding department of any other state, and those private
agencies and institutions licensed for the placement of children for adoption
by the Department of Children and Family Services or by the corresponding
department of any other state.
(2) "Birth certificate" means the child's official birth certificate or a
true copy of a prefiled version of the birth certificate in the event the official
birth certificate has not yet been issued.
(3) "Child" means a person under seventeen years of age and not
emancipated by marriage.
(4) "Department" means the Louisiana Department of Children and
Family Services.
(5) "Parental fitness" means:
(a) That a parent has not abused the child. For purposes of this
Subparagraph, abuse means the infliction of physical or mental injury which
causes deterioration to the child, sexual abuse, exploitation, or overworking of
a child to such an extent that his health or moral or emotional well-being is
endangered.
(b) That a parent has consistently offered to provide reasonably
necessary food, clothing, appropriate shelter, or treatment for the child. For
purposes of this Subparagraph, treatment means medical care or other health
services provided in accordance with the tenets of a well-recognized religious
method of healing with a reasonable, proven record of success.
(c) That a parent suffers from no medical or emotional illness, mental
deficiency, behavior or conduct disorder, severe physical disability, substance
abuse, or chemical dependency which makes him unable or unwilling to
provide an adequate permanent home for the child at the present time or in the
reasonably near future based upon expert opinion or based upon an established
pattern of behavior.
(d) Viewed in its entirety, the parent's past or present conduct,
including his criminal convictions, would not pose a risk of substantial harm
to the physical, mental, or emotional health of the child.
(6) "Putative father registry" means the Louisiana putative father
registry established in Part I-C of Chapter 1 of Code Title VII of Code Book
I of Title 9 of the Louisiana Revised Statutes of 1950, comprised of R.S. 9:400
and 400.1.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff.
July 6, 1992; Acts 1997, No. 797, §1.