Art. 901. Disposition guidelines; generally
A. Except as provided in Article 897.1, in considering dispositional options, the
court shall not remove a child from the custody of his parents unless his welfare or the safety
and protection of the public cannot, in the opinion of the court, be adequately safeguarded
without such removal.
B. Except as provided in Article 897.1, the court should impose the least restrictive
disposition authorized by Articles 897 through 900 of this Title which the court finds is
consistent with the circumstances of the case, the needs of the child, and the best interest of
society.
C. Except as provided in Article 897.1, commitment of the child to the custody of
the Department of Public Safety and Corrections may be appropriate if any of the following
exists:
(1) There is an undue risk that during the period of a suspended commitment or
probation the child will commit another crime.
(2) The child is in need of correctional treatment or a custodial environment that can
be provided most effectively by his commitment.
(3) A lesser disposition will deprecate the seriousness of the child's delinquent act.
(4) The delinquent act involved the illegal carrying, use, or possession of a firearm.
D. Except as provided in Article 897.1, the following grounds, while not controlling
the discretion of the court, shall be accorded weight in its determination of suspension of the
disposition or probation:
(1) The child's delinquent conduct neither caused nor threatened serious harm.
(2) The child did not contemplate that his delinquent conduct would cause or
threaten serious harm.
(3) The child acted under strong provocation.
(4) There were substantial grounds tending to excuse or justify the child's delinquent
conduct, though failing to establish a defense.
(5) The victim of the child's delinquent conduct induced or facilitated its
commission.
(6) The child or his family has compensated or will compensate the victim of his
delinquent conduct for the damage or injury that the victim sustained.
(7) The child has no history of prior delinquency or has led a law-abiding life for a
substantial period of time before the commission of the instant delinquent act.
(8) The child's delinquent conduct was the result of circumstances unlikely to recur.
(9) The character and attitudes of the child indicate that he is unlikely to commit
another delinquent act or crime.
(10) The child is particularly likely to respond affirmatively to probationary
treatment.
(11) The commitment of the child would entail excessive hardship to himself or his
family.
E. State agencies shall fully cooperate with any court which has authority with
respect to the placement of a child in foster care for the purpose of locating a parent of the
child. Such cooperation shall include making available all information obtained from the
Federal Parent Locator Service.
F. The court shall notify the child in writing of the expungement and sealing
procedures set forth in Article 917 et seq.
G. Repealed by Acts 2018, No. 467, §3.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 430, §2; Acts 1993, No.
634, §1, eff. June 15, 1993; Acts 2004, No. 484, §1; Acts 2007, No. 334, §1; Acts 2015, No.
184, §8; Acts 2017, No. 362, §1; Acts 2018, No. 467, §§2, 3.