Posted on 05/05/2015 8:41:21 PM PDT by Pikachu_Dad
1) We lost the Senate vote 37-0.
Let's dust ourselves off and get back in the game. This is not over. We can win this. We will win this. Right is on our side. God is on our side. Our kids are on our side. Link to vote
2) Now the bill heads to the House.
So please start contacting your Louisiana House Representative
3) Civil Law and Procedure
Most likely the Bill will be heard by the Civil Law and Procedure Committee.
4) Counter Example
"The price of a successful defense is an alternative"
Need an example of a Civil Code Parental Authority law done right?
Look to the European Union.. The start of that document is below.
This law is beautifully written. * The law repeatedly refers to father and mother. * Single mothers have parental authority automatically. * Single dads establishing paternity have parental authority. * The courts may only interfere for a grave reason. * No nebulous politically correct terms like 'a person with parental authority'
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*** EXAMPLE FROM THE EURO UNION CIVIL CODE
V. Living relationships
5.3 Standards of a Living Family
Article 125 - Parental Rights
135.1 Parental rights (link)
Every child, regardless of age, owes respect to his father and mother.
A child remains subject to the authority of his father and mother until his majority or emancipation.
The father and mother have the rights and duties of custody, supervision and education of their children. They shall maintain their children.
The father and mother exercise parental authority together.
If either parent dies, is deprived of parental authority or is unable to express his or her will, parental authority is exercised by the other parent.
The person having parental authority may delegate the custody, supervision or education of the child.
135.2 Permission from the parents link
No unemancipated minor may leave his domicile without the consent of the person having parental authority.
135.3 Challenges to parental authority link
In the case of difficulties relating to the exercise of parental authority, the person having parental authority may refer the matter to the court, which will decide in the interest of the child after fostering the conciliation of the parties.
Whether custody is entrusted to one of the parents or to a third person, and whatever the reasons may be, the father and mother retain the right to supervise the maintenance and education of the children, and are bound to contribute thereto in proportion to their means.
135.4 Deprivation of parental authority (link)
The court may, for a grave reason and in the interest of the child, on the application of any interested person, declare the father, the mother or either of them, or a third person on whom parental authority may have been conferred, to be deprived of such authority.
Where such a measure is not required by the situation but action is nevertheless necessary, the court may declare, instead, the withdrawal of an attribute of parental authority or of the exercise of such authority. The court may also directly examine an application for withdrawal.
The court may, in declaring deprivation or withdrawal of an attribute of parental authority or of the exercise of such authority, designate the person who is to exercise parental authority or an attribute thereof; it may also, where applicable, obtain the advice of the legal guardianship council before designating the person or, if required in the interest of the child, appointing a legal guardian.
Deprivation extends to all minor children born at the time of the judgment, unless the court decides otherwise.
Deprivation entails the exemption of the child from the obligation to provide support, unless the court decides otherwise. However, where circumstances warrant it, the exemption may be lifted after the child reaches full age.
A father or mother who has been deprived of parental authority or from whom an attribute of parental authority has been withdrawn may have the withdrawn authority restored, provided he or she alleges new circumstances, subject to the provisions governing adoption.
In no case may the father or mother, without a grave reason, interfere with personal relations between the child and his grandparents.
Failing agreement between the parties, the terms and conditions of these relations are decided by the court.
Decisions concerning the children may be reviewed at any time by the court, if warranted by circumstances.
Parental Authority should not be terminated upon divorce.
Per U.S. Supreme Court, parenting is a 'fundamental right'. A State may not interfere with it except for good cause.
Even the Europeans, another Civil Code State, have a better law than the Louisiana Proposal.
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So the state can take over your children. This is for no other purpose.
37-0??
That is insanity
I don’t understand the reasoning behind terminating parental authority upon divorce, can you explain why they are doing it?
If parental authority is terminated so should child support and alimony.
Yes.
Oh, you KNOW the gravy train won’t be cut.
lets se if this works... Ping?
I am pinged, I am definitely pinged
I don’t get it.
What in the name of all that’s logical are they thinking?? And I say this as a woman. I don’t understand at all.
No court should be able to terminate anyone’s parental rights without cause.
Does Jindal have to sign off on this?
I think the standard rule is: “follow the money”.
Ditto that.
IF I understand this correctly I cannot see this law NOT being abused (most certainly) by the Left as good enough reason for it to be shelved by the House.
Some things are best left alone.
Indeed not. And as a woman, you should be very upset that (reportedly) single mothers do not get parental authority under the existing law. That was something new I just recently learned.
and neither apparently do fathers who establish paternity.
The above law, from the European Union, another Civil Code state, is much more in line with what American law is than this proposal.
The State can only terminate parental authority for ‘grave cause’.
And single parents have it !
So do divorced parents.
And they actually refer to FATHERS and MOTHERS in their law - instead of some nebulous group defined as ‘a person with parental authority’.
Yes, Jindal would have to sign off on it. But why wouldn’t he.
If I can’t generate any opposition, even Gov. Jindal will sign off on a law that passes by unanimous vote.
So I need to generate substantial opposition to this bill.
I need to get parents in Louisiana to read the law and start to object to it’s onerous provisions.
Because the powerful group pushing this law, www.lsli.org will get is passed if we don’t get organized down here.
There is hardly any oversight in Family court, you get nothing from this system but grief.
Indeed. This law should not be passed. There is too much wrong with it.
Here is the Charter for the LSLI organization. I think their annual budget is about $1,000,000 per year. Perhaps that needs to be trimmed.
LOUISIANA REVISED STATUTES OF 1950
TITLE 24
CHAPTER 4. LOUISIANA STATE LAW INSTITUTE
R.S. 24: 201. CREATION AND FUNCTIONS
The Louisiana State Law Institute, organized under authority of the Board of Supervisors of the Louisiana State University and Agricultural and Mechanical College, domiciled at the Law School of the Louisiana State University, is chartered, created and organized as an official advisory law revision commission, law reform agency and legal research agency of the state of Louisiana.
R.S. 24: 202. COUNCIL; MEMBERSHIP; TERMS; VACANCIES
A. The governing body of the Louisiana State Law Institute shall be a council composed of ex officio members and elected members. The ex officio members shall be:
(1) One justice of the Supreme Court of Louisiana selected by the justices thereof.
(2) One judge of the intermediate Louisiana courts of appeal selected by the judges thereof.
(3) Two judges of the Louisiana district courts selected by the District Judges Association.
(4) One federal judge residing in Louisiana selected by the federal judges residing in Louisiana.
(5) The attorney general of the state of Louisiana.
(6) The executive counsel to the governor.
(7) The chairman of each judiciary committee of the Senate, the chairman of the House Civil Law and Procedure Committee, the chairman of the House Administration of Criminal Justice Committee, and the chairman of the House Judiciary Committee, or an attorney appointed by any of the above named chairmen who is a member of any of the foregoing committees, one additional member of the House of Representatives appointed by the speaker, and one additional member of the Senate appointed by the president of the Senate.
(8) The president of the Louisiana State Bar Association.
(9) The chairman of the Young Lawyers Section of the Louisiana State Bar Association.
(10) The dean of the Louisiana State University Law School.
(11) The dean of the Loyola University School of Law.
(12) The dean of the Southern University Law School.
(13) The dean of the Tulane University School of Law.
(14) The officers of the Louisiana State Law Institute.
(15) Any Louisiana members on the Council of the American Law Institute.
(16) Any Louisiana members of the Board of Governors of the American Bar Association.
(17) Any Louisiana members of the House of Delegates of the American Bar Association.
(18) Any Louisiana members of the Board of Governors of the National Bar Association.
(19) A Louisiana member of the National Bar Association to be appointed by the president of the organization.
(20) Two Louisiana members of the National Bar Association to be appointed by the president of the Louisiana Judicial Council of the National Bar Association.
(21) The president of the state chapter of the Louis A. Martinet Society or his designee.
(22) The state public defender or his designee.
(23) Two judges who are members of the Louisiana Council of Juvenile and Family Court Judges appointed by the president of the Louisiana Council of Juvenile and Family Court Judges or their designees. One of the judges shall be a judge of a court having exclusive family or family and juvenile jurisdiction, and the other shall be a judge of a court having exclusive juvenile or family and juvenile jurisdiction.
B. The elected membership shall consist of thirty-one members, as follows: three shall be elected from the members of the faculty of the Louisiana State University Law School; three from the members of the faculty of the Loyola University School of Law; three from the members of the faculty of the Southern University Law School; three from the members of the faculty of the Tulane University School of Law; and nineteen from among the practicing attorneys of the state of Louisiana.
C. The terms of office of the members of the judiciary who are ex-officio members of the Council shall be four years. The other ex-officio members shall hold their positions during their respective terms of office.
D. The terms of office of the elected members of the Council shall be four years. The terms of office of the first elected members having been fixed and determined under Acts 166 of 1938 and 195 of 1942, their successors shall continue to be elected for terms of four years under such rules as the Council may adopt. The elected members of the Council shall be eligible for re-election.
E. Vacancies in the elected membership created by death, resignation or otherwise than by the expiration of the terms of office shall be filled by the Council under such rules as it may adopt. Vacancies occurring through the expiration of the terms of office shall be filled by election by the Council under such rules as it may adopt.
Amended by Acts 1952, No. 126, §1; Acts 1954, No. 53, §1; Acts 1971, No. 161, §1; Acts 1976, No. 673, §1; Acts 1999, No. 238, §1; Acts 1999, No. 1318, §1.
R.S. 24: 203. PLANS OF MEMBERSHIP; COMPENSATION OF MEMBERS OF COUNCIL
The Council and other persons of the Louisiana State Law Institute are empowered to adopt a plan or plans of membership so designed as to encourage and invite the cooperation of all members of the legal profession in the work of the Institute. The members of the Council shall serve without any compensation for services as such. However, the Council may fix and pay reasonable compensation to the director of the Institute, and honoraria to members of the Council who perform professional service for the Institute, authorized by the Council or the Institute. Such employment or payment shall not be deemed a violation of any criminal law punishing the holding of more than one public office or employment in Louisiana.
R.S. 24: 204. GENERAL PURPOSE; DUTIES
A. The general purposes for which the Louisiana State Law Institute is formed are to promote and encourage the clarification and simplification of the law of Louisiana and its better adaptation to present social needs; to secure the better administration of justice and to carry on scholarly legal research and scientific legal work. To that end it shall be the duty of the Louisiana State Law Institute:
(1) To consider needed improvements in both substantive and adjective law and to make recommendations concerning the same to the legislature.
(2) To examine and study the civil law of Louisiana and the Louisiana jurisprudence and statutes of the state with a view of discovering defects and inequities and of recommending needed reforms.
(3) To cooperate with the American Law Institute, the Commissioners for the Promotion of Uniformity of Legislation in the United States, bar associations and other learned societies and bodies by receiving, considering, and making reports on proposed changes in the law recommended by any such body.
(4) To receive and consider suggestions from judges, justices, public officials, lawyers, and the public generally as to defects and anachronisms in the law.
(5) To recommend from time to time such changes in the law as it deems necessary to modify or eliminate antiquated and inequitable rules of law, and to bring the law of the state, both civil and criminal, into harmony with modern conditions.
(6) To render biennial reports to the legislature, and if it deems advisable to accompany its reports with proposed bills to carry out any of its recommendations.
(7) To make available translations of civil law materials and commentaries and to provide by studies and other doctrinal writings, materials for the better understanding of the civil law of Louisiana and the philosophy upon which it is based.
(8) To recommend the repeal of obsolete articles in the Civil Code and Code of Civil Procedure and to suggest needed amendments, additions, and repeals.
(9) To organize and conduct an annual meeting within the state for scholarly discussions of current problems in Louisiana law, bringing together representatives of the legislature, practicing attorneys, members of the bench and bar, and representatives of the law teaching profession.
B. Legislation submitted on recommendation of the Louisiana State Law Institute shall have affixed to it a digest of the legislation. The digest shall be prepared by the Louisiana State Law Institute. The form and contents of the digest shall be as prescribed by the rules or practice of the legislature for digests of legislative instruments, but shall include a summary of each minority report authored by a member of the law institute. The digest shall not constitute a part of the legislation.
C. Any member of the Louisiana State Law Institute may author a minority report regarding any legislation submitted on recommendation of the Louisiana State Law Institute. The minority report shall include comments which accurately reflect a dissenting position or adverse position expressed by such member. Any other member may join and sign such minority report; however, no member may sign more than one minority report. The author of the minority report shall submit a copy of such report to each member of each standing committee of each house of the legislature to which such recommended legislation has been or is expected to be referred. All costs associated with furnishing such copies shall be paid by the Louisiana State Law Institute. Additionally, any member signing a minority report may present such report at any legislative hearing held on such recommended legislation.
Acts 1988, No. 206, §1; Acts 1999, No. 305, §1.
R.S. 24: 205. REPORTS; ADVISORY CAPACITY; PRINTING AND DISTRIBUTION OF REPORTS
The Louisiana State Law Institute, in submitting reports to the legislature shall act solely in an advisory capacity. Its reports, studies and recommended publications shall be printed and shall be distributed through the Secretary of State in the same manner as acts of the legislature.
[Additional statutory provisions on the Law Institute are provided in the remainder of Chapter 4 of Title 24 of the Revised Statutes, R.S. 24:206 through 208, and in Chapter 5, Continuous Revision, R.S. 24:251 through 256]
It is insanity. Just defund the agency responsible, as if that is easy. The trajectory is obvious—more and more and more and more governmental authority, paid for by the people who do not want it. Tyranny at its finest. “I believe it is time for a change,” Bill the Slickmeister “BJ” Clinton. Where are you now Billy boy? Off to another orgy?
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