STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA IN THE NO. 2022 CW 1058 INTEREST OF M.H.

SEPTEMBER 27, 2022

In Re: L.H., Father, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 191-2022.

BEFORE : WHIPPLE, C.J., GUIDRY AND WOLFE, JJ.

WRIT GRANTED. While we take no position on the merits of the underlying proceedings in this matter, as that is not before us, on the procedural issue that is before us, we find that the legislature has specifically provided that “[i]f a child is continued in custody prior to adjudication, or if a protective order is issued, a petition requesting that the child be adjudicated in need of care shall be filed within thirty days of the hearing to determine continued custody.” La. Ch. Code article 632. Article 632 also provides that “[u]pon a showing of good cause and notice to all parties, the court may grant, deny, or restrict a requested extension of the time for filing a petition in accordance with the best interests of the child.”

We find that the State’s failure to request an extension of time in these circumstances does not constitute good cause to supplant a legislative mandate intended to promote the fair and expeditious conduct of these types of juvenile proceedings. As such, the trial court’s denial of L.H.’s motion to dismiss is reversed.

VGW COURT OF APPEAL, FIRST CIRCUIT acon) DEPUTY CLERK OF COURT FOR THE COURT