Re-Homing of a Child — La. R.S. 14:46.4
This law was enacted during the 2014 legislative session. The statute may be found here.
Re-homing of a child is any one of the following:
(1) 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 himself of permanent parental responsibility by placing the child in the physical custody of a non-relative, without court approval, unless Subsection B of this Section applies. Actions include but are not limited to transferring, recruiting, harboring, transporting, providing, soliciting, or obtaining a child for such transaction.
(2) 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.
(3) Assisting, aiding, abetting, or conspiring in the commission of any act described in Paragraphs (1) and (2) of this Subsection by any person or entity, regardless of whether money or anything of value has been promised to or received by the person.
B. Re-homing does not include:
(1) Placement of a child with a relative, stepparent, licensed adoption agency, licensed attorney, or the Department of Children and Family Services.
(2) Placement of a child by a licensed attorney, licensed adoption agency, or the Department of Children and Family Services.
(3) Temporary placement of a child by parents or custodians for designated short-term periods with a specified intent and time period 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.
(4) Placement of a child in another state in accordance with the requirements of the Interstate Compact on the Placement of Children.
Whoever commits the crime of re-homing of a child shall be fined not more than $5,000.00 dollars and shall be imprisoned at hard labor for not more than 5 years. This is a felony.
Legal Representation: New Orleans Criminal Attorney
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