Who paid for a juvenile's detention before adjudication under Louisiana Children's Code article 815(E)?

Plain-English summary

A district attorney's office asked who had financial responsibility for housing juveniles before adjudication. The Attorney General answered that the parish or municipality requesting placement owed the regional detention center or shelter care facility for the cost of confinement. Under the Children's Code provision quoted in the opinion, the facility could adopt a cost schedule.

The AG said its answer matched an earlier opinion, No. 98-61, although the statutory basis had changed. A 1999 revision deleted the earlier article 815 provisions it had relied on; the 2004 enactment added article 815(E), which stated the requesting government's payment responsibility directly.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy.

Common questions

Which government did the AG say had to pay?

The parish or municipal governing authority that requested the juvenile's placement, according to the article 815(E) language quoted in the opinion.

Did the opinion cover both detention centers and shelter care?

Yes. The quoted provision addressed placement in either a regional detention center or a shelter care facility.

Who set the cost of confinement?

The opinion said payment was to follow a schedule that the regional detention center or shelter care facility might adopt.

Why did the AG discuss Opinion No. 98-61?

The AG said its earlier conclusion was the same, but the provisions underlying it had been deleted in 1999. It relied on the article 815(E) language added in 2004 for this answer.

Background and statutory framework

The question concerned housing juveniles before adjudication. The opinion traced the payment provision from the earlier article 815(D)(3), through its deletion by Acts 1999, No. 1356, to the addition of article 815(E) by Acts 2004, No. 120 § 1. It did not allocate costs for placements outside the regional detention center or shelter care settings described in that provision.

Citations

• LSA-Ch. C. art. 815(E) (requesting government's payment responsibility).
• Acts 1999, No. 1356 (deletion of earlier article 815 provisions).
• Acts 2004, No. 120 § 1 (addition of article 815(E)).
• La. Atty. Gen. Op. No. 98-61 (earlier opinion discussed).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0240

Original opinion text

August 5, 2005
Opinion No. 05-0240

57-A JUVENILES
47-A FEES & COSTS
LSA- Ch. C. art 815; LSA- Ch. C. art. 815(E)
Office of the District Attorney La. Atty. Gen. Op. No. 98-61 Attn: William R. Jones Thirty Ninth Judicial District The governing authority requesting the juvenile’s
detention must pay the costs associated with that
Post Office Box 606
detention, pursuant to LSA-Ch. C. art. 815 (E).
Coushatta, Louisiana 71019

Your request for an Attorney General Opinion has been forwarded to me for research and reply. You have asked the following question:

1.) Which agency has the financial responsibility for housing juveniles prior to adjudication?

To address your question, a review of the previous Attorney General opinions regarding this very issue was conducted. The last opinion issued concerning this issue was Louisiana Attorney General Opinion Number 98-61. In this opinion, the Attorney General took the position that, “the governing authority requesting the juvenile’s detention must pay the cost associated with that detention.” This position was taken pursuant to LSA-Ch. C. art. 815 (D) (3) which stated:

“The governing authority of the parish or municipality requesting such placement and the administrator or the facility enter into mutual agreement for reimbursement to the facility for the cost of the care provided.”

However, pursuant to the statutory revision by the Louisiana State Law Institute, Acts 1999, No. 1356, subparts (D) (1) through (3) of the article referenced above were deleted. Therefore, the answer to this frequently asked question lies in the 2004 statutory revisions.

Through the enactment of Acts 2004, No. 120 § 1, subpart E was added to LSA- Ch. C. art. 815. This new subpart addresses the fiduciary duties that coincide with the confinement of children taken into custody or placed in detention. This subpart reads:

“The governing authority of the parish or municipality requesting placement of a juvenile in either a regional detention

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William R. Jones
OPINION NO 05-0240
Page 2

center or a shelter care facility shall be responsible to the regional detention center or shelter care facility for the cost of confinement in accordance with a schedule which may be adopted by the regional detention center or shelter care facility.”

Therefore, this office has and still maintains the position that it has previously taken. The governing authority requesting the juvenile’s detention must pay the costs associated with that detention in accordance a schedule which may be adopted by the regional detention center or shelter care facility pursuant to LSA- Ch. C. art. 815 (E).

If the office can be of further assistance, please do not hesitate to contact us.

Very truly yours,

CHARLES C. FOTI JR.
ATTORNEY GENERAL

BY: ________
C. JOSEPH GIORDANO, II
ASSISTANT ATTORNEY GENERAL

CJG/cjg/jy

Page 3

Opinion 05-0240

57-A JUVENILES
47-A FEES & COSTS

LSA- Ch. C. art 815;
LSA- Ch. C. art. 815(E)
La. Atty. Gen. Op. No. 98-61

The governing authority requesting the juvenile’s detention must pay the costs associated with that detention, pursuant to LSA-Ch. C. art. 815 (E).

Office of the District Attorney
Attn: William R. Jones
Thirty Ninth Judicial District
Post Office Box 606
Coushatta, Louisiana 71019

Date received:
Date released August 5, 2005

C. JOSEPH GIORDANO, II
ASSISTANT ATTORNEY GENERAL