Unregulated Custody Transfers of Adopted Children - Louisiana

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Definitions

Citation: Rev. Stat. § 14:46.4

Rehoming of a child is any one of the following:

  • A transaction or any action taken to facilitate such transaction, through electronic means or otherwise, by a parent or any individual or entity with custody of a child who intends to avoid or divest themself of permanent parental responsibility by placing the child in the physical custody of a nonrelative, without court approval
  • The selling, transferring, or arranging for the sale or transfer of a minor child to another person or entity for money or anything of value or to receive such minor child for such payments or thing of value
  • Assisting, aiding, abetting, or conspiring in the commission of any act described above by any person or entity, regardless of whether money or anything of value has been promised to or received by the person

Actions include but are not limited to transferring, recruiting, harboring, transporting, providing, soliciting, or obtaining a child for such transaction.

Prohibited or Required Actions Regarding Custody

Citation: Rev. Stat. § 14:46.4

Any action previously described with regards to rehoming a child is prohibited.

Exceptions

Citation: Rev. Stat. § 14:46.4

Rehoming does not include any of the following:

  • Placement of a child with a relative, stepparent, licensed adoption agency, licensed attorney, or the Department of Children and Family Services
  • Placement of a child by a licensed attorney, licensed adoption agency, or the department
  • Temporary placement of a child by parents or custodians for designated short-term periods with a specified intent and time for return of the child, due to a vacation or a school-sponsored function or activity; or the incarceration, military service, medical treatment, or incapacity of a parent
  • Placement of a child in another State in accordance with the requirements of the Interstate Compact on the Placement of Children
  • Relinquishment of a child pursuant to the provisions of the Safe Haven Law, Children's Code art. 1149, et seq.

Consequences

Citation: Rev. Stat. § 14:46.4

Whoever commits the crime of rehoming of a child shall be fined no more than $5,000 and shall be imprisoned at hard labor for no more than 5 years.