§1353. Notice to parent or guardian; reporting requirements to parent, legal custodian; seventy-two hours of safe harbor

A. As soon as possible but not more than seventy-two hours following a runaway youth's admission into an approved runaway and homeless youth residence program or facility, the staff of the program or facility shall immediately notify the runaway youth's parent, guardian, or legal custodian of the runaway youth's admission, unless there are compelling circumstances why the parent, guardian, or legal custodian should not be notified. When such circumstances exist or in instances where abuse or neglect is suspected, the director or his designee shall immediately render a report in accordance with the procedures contained in R.S. 14:403.

B. Where the program or facility obtains oral consent from the parent, guardian, or legal custodian of the runaway youth, the youth may remain in the facility or program for a period of fifteen days thereafter pending the facility's or program's receipt of a signed written consent form from the parent, guardian, or legal custodian.

C. Except as provided in Subsection B of this Section, a runaway youth over the age of eleven may elect to remain in the facility for a period of seventy-two hours before being returned to the home environment provided that:

(1) The runaway youth is not known to have committed nor is under investigation for the commission of a delinquent or criminal act.

(2) A good faith attempt is made to notify the individuals specified in Subsection A of this Section in the manner provided in that Subsection.

D. A runaway youth over the age of eleven admitted to an approved runaway and homeless youth residential program or facility licensed by the Department of Children and Family Services shall be provided seventy-two hours of safe harbor unless otherwise designated by order of a court exercising juvenile jurisdiction regarding custody of the runaway youth, or unless the child is in the custody of a state agency which may elect to remove the child earlier without a court order.

E. Upon request by the youth, the youth will be allowed to return to the home environment at any time.

F. In instances where the parent, guardian, or legal custodian cannot be located within seventy-two hours following a runaway youth's admission into the facility or program, the staff shall continue to make reasonable efforts to contact the parent, guardian, or legal custodian. The facility or program is authorized to provide care for the youth, for a period not to exceed twenty-one days, until the parent, guardian, or legal custodian is contacted and gives oral or written consent in accordance with the provisions of Subsection B of this Section or accepts physical custody of the youth.

G. Whenever a report has been filed by the facility or program in accordance with the provisions in R.S. 14:403, the facility or program shall be legally authorized to provide care for the runaway youth pending a determination by the Department of Children and Family Services or a court exercising juvenile jurisdiction regarding custody of the runaway youth.

Acts 1989, No. 803, §1, eff. July 11, 1989; Acts 1990, No. 370, §1, eff. July 10, 1990; Acts 1999, No. 1087, §1, eff. July 9, 1999.