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      CHC 906     


Art. 906. Required review hearings; commitment; children in custody of the office of juvenile justice

            A.(1) The medical staff of a mental institution to which a child is committed or placed by the Louisiana Department of Health after the child has been found not guilty by reason of insanity or after a court determines that the child lacks mental capacity to proceed shall review the child's record after the first sixty days, again after one hundred twenty days of commitment, and every one hundred eighty days thereafter.

            (2) The purpose of these reviews is to determine the child's present mental condition and whether he is presently capable of being discharged, conditionally or unconditionally, or being placed on probation, without being a danger to others or himself, or is presently capable of proceeding.

            (3) The department or the superintendent of the private institution shall make such recommendations to the court as provided in Article 835 or 838.

            B.(1) Any child committed by a court to the custody of the office of juvenile justice must be physically transported to the committing court for an in-person review hearing not more than six months after the child's commitment, and at least every six months thereafter, unless such an in-person hearing is waived by counsel for the child and by the committing court. The date of the initial review hearing shall be set by the court at the time of disposition.

            (2) The purpose of the hearing shall be to ensure the child is receiving necessary treatment and services and all terms and conditions of his disposition are followed. The court may also consider any motions for modification of disposition pursuant to Article 909 et seq. at the hearings.

            (3) For the purposes of this Paragraph, a child is deemed "committed by a court to the custody of the office of juvenile justice" if he is judicially committed to the legal custody of the office of juvenile justice, regardless of where the child is physically held, including but not limited to state-run secure facilities, state-run nonsecure facilities, private facilities with which the office of juvenile justice contracts, and detention centers.

            (4) The provisions of this Paragraph shall apply to all children in the custody of the office of juvenile justice on and after August 1, 2018. If a child in the custody of the office of juvenile justice on August 1, 2018, has not had a hearing scheduled pursuant to this Paragraph, the court shall schedule a hearing no later than September 30, 2018, and, if a child is eligible for a hearing, the hearing shall take place no later than October 30, 2018.

            Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2016, No. 617, §1; Acts 2018, No. 355, §1.

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