Louisiana Children’s Code

Title VII. Families in Need of Services

Chapter 1. Preliminary Provisions; Definitions

 

Art. 728      Definitions

 

As used in this Title: 

 

(1) “Caretaker” means any person providing a residence for the child or any person legally obligated to provide or secure adequate care for the child, including a parent, tutor, guardian, or legal custodian. 

 

(2) “Child” means a person under eighteen years of age who, prior to proceedings under this Title, has not been judicially emancipated or emancipated by marriage. 

 

(3) “Runaway” means the continued absence of the child from the home of his caretaker without the caretaker’s consent. 

 

(3.1) Repealed by Acts 2004, No. 484, § 3

 

(4) “Sexually exploited child” means any person under the age of eighteen who has been subject to sexual exploitation because the person either: 

 

(a) Is a victim of trafficking of children for sexual purposes under R.S. 14:46.3. 

 

(b) Is a victim of child sex trafficking under 18 U.S.C. 1591. 

 

(5) “Truant” means the repeated or habitual unauthorized absence or tardiness of a child from school pursuant to the provisions of R.S. 17:233 by a child who is subject to the compulsory attendance laws of this state. 

 

(6) “Ungovernable” means the child’s habitual disregard of the lawful and reasonable demands of his caretakers and that the child is beyond their control. 

 

Added by Acts 1991, No. 235, § 7, eff. July 1, 1992, in parishes of Caddo, East Baton Rouge, Jefferson, and Orleans, and otherwise effective July 1, 1993. Amended by Acts 1992, No. 705, § 1, eff. July 6, 1992; Acts 1999, No. 1313, § 1; Acts 2009, No. 305, § 3; Acts 2013, No. 429, § 3, eff. June 24, 2013; Acts 2017, No. 362, § 1.