Art. 683. Disposition; generally
A. The court shall impose the least restrictive disposition of the alternatives
enumerated in Article 681 that the court finds is consistent with the circumstances of the case
and the health, welfare, and safety of the child.
B. If the court determines that the child cannot safely remain in or return to the
custody of the parent, the court shall place the child in the custody of a suitable relative
unless the court has made a specific finding that the placement is not in the best interest of
the child. The court shall give specific written reasons for its findings, which shall be made
a part of the record of the proceeding.
C. If the court commits a child to a private institution or agency, it shall select one
that has been licensed under state law, if licensure is required by law for such an institution
or agency. When no institution, social agency, or association so licensed for care or
placement of children is available to the court, the court may commit the child to some other
institution, social agency, or association which in the court's judgment is suitable for such
child.
D. In committing a child to the custody of another suitable individual or a private
agency or institution, the court shall, whenever practicable, select an individual, agency, or
institution of the same religious affiliation as the child or the parents.
E. A child shall not be committed to a public or private mental institution or
institution for persons with mental illness unless the court finds, based on psychological or
psychiatric evaluation, that the child has a mental disorder, other than an intellectual
disability, which has a substantial adverse effect on his ability to function and requires care
and treatment in an institution. When the child is in the custody of the state of Louisiana,
this finding shall not be made without the representation of the child by an attorney
appointed from the Mental Health Advocacy Service, unless such attorneys are unavailable
as determined by the director or the child retains private counsel who shall represent only the
interest of the child. The Mental Health Advocacy Service's attorney so appointed shall
continue to represent the child in any proceeding relating to admission, change of status, or
discharge from the mental hospital or psychiatric unit. Upon modification of the disposition
to a placement other than a mental hospital or psychiatric unit, the Mental Health Advocacy
Service's attorney shall be relieved of representation of the child.
F. A child shall not be committed to a public or private institution for persons with
intellectual disabilities unless the court finds, based on psychological or psychiatric
evaluation, that the child has an intellectual disability and such condition has a substantial
adverse effect on his ability to function and requires care and treatment in an institution.
Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999;
Acts 1999, No. 770, §1; Acts 1999, No. 1317, §2; Acts 2014, No. 811, §33, eff. June 23,
2014; Acts 2022, No. 272, §1.