Louisiana’s juvenile laws cover offenses committed by children between the ages of 10 and 16, routing those cases into a separate court system that prioritizes rehabilitation, imposes tight hearing deadlines, and keeps records confidential. A change that took effect on April 19, 2024 reversed the state’s earlier “raise the age” law, so 17-year-olds are once again prosecuted as adults for any new offense, regardless of the charge.1Louisiana State Legislature. Louisiana Code CHC 804 – Definitions
Who the Juvenile System Covers
Under Article 804 of the Louisiana Children’s Code, a “child” for delinquency purposes is anyone under 21 who committed a delinquent act before turning 17.2Justia. Louisiana Children’s Code Article 804 – Definitions A person can stay under juvenile court jurisdiction past their 17th birthday if the underlying act happened earlier. Anything new at 17 or older goes to adult criminal court.
There is also a floor. A child must be at least 10 for conduct to count as delinquent. Children younger than that who do something that would otherwise be criminal are handled through the Families in Need of Services (FINS) process, not delinquency proceedings.2Justia. Louisiana Children’s Code Article 804 – Definitions
What Counts as a Delinquent Act
A delinquent act is conduct by a child 10 or older that would be a crime if an adult did it, under state law, federal law, or local ordinance. Traffic violations are excluded.2Justia. Louisiana Children’s Code Article 804 – Definitions The definition also protects trafficked children: a child being trafficked for sexual purposes cannot be adjudicated delinquent for prostitution-related offenses committed during the trafficking.
Status offenses — truancy, running away, curfew violations, ungovernable behavior, underage drinking, cyberbullying — are handled separately through FINS, which pushes families toward counseling and support services rather than prosecution.3Louisiana State Legislature. Louisiana Code CHC 730 – Grounds If your child’s situation is a school or behavior problem rather than a criminal one, FINS is likely the door they come through.
How a Juvenile Case Moves Through Court
The Petition
A delinquency case starts when the district attorney files a petition in juvenile court alleging the child committed a delinquent act. The child and their parents or guardians are notified of the charges and the child’s rights. Not every arrest gets that far. Police can release a child to their parents with a warning, and prosecutors have discretion to divert minor cases away from formal proceedings, so the seriousness of the alleged offense and the child’s history both matter to the filing decision.
Adjudication
The adjudication hearing is the juvenile version of a trial. A judge, not a jury, hears the evidence and decides whether the child committed the act. Hearings are closed to the public.
Deadlines are strict. When a child is in custody and charged with a crime of violence, the hearing must begin within 60 days of the child’s appearance to answer the petition. For other offenses with the child in custody, the deadline is 30 days. If the child is not in custody, it is 90 days.4Justia. Louisiana Children’s Code Article 877 – Adjudication Hearing Time Limitations If the court misses those deadlines, the child can move for release and dismissal of the petition. A judge can extend the timeline for good cause, but the default favors prompt resolution.
Disposition
If the judge finds the child delinquent, the case moves to disposition, the equivalent of sentencing. Article 897 gives the court a range of options built around rehabilitation.5Justia. Louisiana Children’s Code Article 897 – Disposition After Adjudication of Delinquency For felony-grade acts, the judge can reprimand and release the child to their parents, place the child with another suitable adult, order probation, or, for the most serious offenses, commit the child to the custody of the Office of Juvenile Justice.
Probation is where most of the specific conditions live. The court has to prohibit drug and alcohol possession and further delinquent activity, and firearm possession is prohibited for serious violent or drug offenses. Beyond that, the judge can require school attendance, community service, restitution, counseling or substance abuse treatment, and suspension of driving privileges.5Justia. Louisiana Children’s Code Article 897 – Disposition After Adjudication of Delinquency Family participation can be required as part of treatment.
When a Juvenile Case Moves to Adult Court
Two separate mechanisms can send a Louisiana juvenile into adult criminal court, and the consequences on that side of the line look nothing like juvenile disposition.
Discretionary Transfer at 14 or Older
Under Article 857, a judge may hold a transfer hearing for a child who was 14 or older at the time of the offense and is accused of one of a specific set of crimes: first or second degree murder, aggravated kidnapping, aggravated or first degree rape, aggravated battery by firearm discharge, armed robbery with a firearm, or forcible or second degree rape of a child at least two years younger than the accused.6Justia. Louisiana Children’s Code Article 857 – Transfers for Criminal Prosecution Authority The transfer is not automatic. The court or the district attorney must file a motion, and the judge weighs the child’s age, the severity of the offense, and rehabilitation potential.
Automatic Divestiture at 15 or Older
For children 15 or older, Article 305 removes the juvenile court’s jurisdiction entirely for the most serious offenses. When a 15-or-older child is accused of first degree murder, second degree murder, aggravated or first degree rape, or aggravated kidnapping, juvenile court has jurisdiction only until a grand jury indicts or the juvenile court finds probable cause, whichever comes first. From that point the case is in criminal court.7Justia. Louisiana Children’s Code Article 305 – Divestiture of Jurisdiction
A broader list follows the same pattern for children 15 and older, including attempted murder, manslaughter, armed robbery, aggravated burglary, simple or third degree rape, second degree kidnapping, and certain repeat offenses such as a second aggravated burglary or a second felony drug manufacturing or distribution charge.7Justia. Louisiana Children’s Code Article 305 – Divestiture of Jurisdiction For those charges, juvenile court is essentially a holding stage until the adult system takes over.
A Child’s Rights in the Process
A child accused of delinquency has the right to counsel at state expense at every stage of the proceeding under Article 809. The court appoints an attorney or refers the child to the district public defender. If a parent hires a private attorney, the court-appointed lawyer continues representing the child until the private attorney formally enrolls. When the child’s interests conflict with a parent’s, the court must appoint separate counsel for the child.8Justia. Louisiana Children’s Code Article 809 – Right to Counsel
Juveniles have the same Fifth Amendment protection against self-incrimination as adults. A child cannot be compelled to testify against themselves, and the right applies to custodial interrogation, where police must advise the child of the right to remain silent before questioning.
Every child is also entitled to an impartial judge who considers age, background, family situation, and the nature of the alleged offense. The adjudication deadlines in Article 877 back that up by capping how long a case can sit unresolved.4Justia. Louisiana Children’s Code Article 877 – Adjudication Hearing Time Limitations
Juvenile Records: Confidentiality
Louisiana treats juvenile court records as confidential by default. Article 412 prohibits disclosure of records and reports from juvenile proceedings except where the Code specifically allows it.9Justia. Louisiana Children’s Code Article 412 – Confidentiality of Records Disclosure Exceptions Sanctions Parties, their attorneys, and court-appointed special advocates can access records through normal discovery. Statistical data that doesn’t identify any individual can be released without a court order.
Unauthorized disclosure is taken seriously. Violating the confidentiality provisions can bring constructive contempt of court. Anyone who receives juvenile records — other than the child, their parents, and their attorney — must sign a non-disclosure agreement, and released documents must carry a printed warning that unauthorized dissemination is punishable as contempt.9Justia. Louisiana Children’s Code Article 412 – Confidentiality of Records Disclosure Exceptions Sanctions
Expunging a Juvenile Record
Even with confidentiality in place, a juvenile record still exists, and Louisiana lets it be expunged. The timeline turns on how the case ended and how serious the offense was.10Louisiana State Legislature. Louisiana Code CHC 918 – Grounds
- Records from delinquency matters that did not result in a finding of delinquency can be expunged at any time.
- For most adjudicated offenses, records can be expunged once the juvenile court has ceased exercising jurisdiction, provided the person has no felony convictions and no pending criminal charges.
- Adjudications for murder, manslaughter, sex offenses requiring registration, kidnapping, or armed robbery have a stricter path: the person must wait at least five years after satisfying the most recent judgment, have no felony convictions, no misdemeanor convictions involving a firearm against a person, and no pending charges.
Expungement is never automatic. The person has to petition the court in every category.10Louisiana State Legislature. Louisiana Code CHC 918 – Grounds