Art. 781. Disposition; generally
A. The court shall impose the least restrictive disposition which the court finds is
consistent with the circumstances of the case, the needs of the child, and the best interest of
society.
B. 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.
C. In committing a child to the custody of an individual or a private agency or
institution, the court shall, whenever practicable, select a person, agency, or institution of the
same religious affiliation as the child or his parents.
D. 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, that has a substantial adverse effect on the child's 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 a contradictory hearing, notice to the
Louisiana Department of Health, bureau of legal services, and representation of the child by
an attorney appointed from the Mental Health Advocacy Service, unless the child retains
private counsel, who shall represent only the interest of the child. The Mental Health
Advocacy Service's attorney 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.
E. 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 pursuant to R.S. 28:451.1 et seq., that the child has an intellectual disability and
that the condition has a substantial adverse effect on the child's ability to function and
requires care and treatment in an institution.
Acts 1991, No. 235, §7; Acts 1995, No. 1095, §3; Acts 2014, No. 811, §33, eff. June
23, 2014; Acts 2024, No. 92, §1.