Art. 626. Grounds for continued custody; reasonable efforts; grounds for continued safety
plan
A. The court may authorize continued custody of a child prior to adjudication if there
are reasonable grounds to believe the child is in need of care and that continued custody is
necessary for the health, welfare, and safety of the child.
B. Except as otherwise provided in Article 672.1, the court shall determine whether
the department has made reasonable efforts as defined in Article 603 to prevent or eliminate
the need for removal of the child from the home and, after removal, to make it possible for
the child to safely return home. The health, welfare, and safety of the child shall be the
paramount concern. These determinations shall be supported by findings of fact contained
in the continued custody order issued pursuant to Article 627.
C. The court may deem the department to have made reasonable efforts to prevent
or eliminate the need for removal if the department's first contact with the family occurred
during an emergency which precluded those efforts.
D. The court may authorize the removal of the child even if the department's efforts
have not been reasonable if the court determines that removal is necessary to secure the
health, welfare, and safety of the child and that additional efforts would not keep the child
safe from identified threats of danger. The court may impose any sanctions it deems
appropriate pursuant to Article 712.
E. The court may authorize, with the consent of the state, continued implementation
of a safety plan prior to the adjudication if there are reasonable grounds to believe that the
child is in need of care and that the continued implementation of the safety plan is necessary
for the health, welfare, and safety of the child. The safety plan shall continue to set forth
conditions as determined or agreed upon by the state as necessary for the protection of the
health, welfare, and safety of the child while remaining in the home.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999;
Acts 2001, No. 567, §1; Acts 2014, No. 486, §1; Acts 2022, No. 272, §1.