CHC 644

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CHC 644

Art. 644. Duties of curator ad hoc

A. The curator ad hoc shall make a diligent effort to locate the parent and notify him of the pendency and nature of the proceedings. Such notice shall include:

(1)The allegations made against the parent.

(2)The right of the parent to appear at the hearing, to defend against the allegations, and to compel the attendance of witnesses in his behalf.

(3)The right of the parent to retain counsel, or to have counsel appointed if indigent.

(4)The possibility that the parent may be able to enter into an informal adjustment agreement, to consent to judgment, or to transfer custody, with the consent of the court.

(5)The parent's responsibility to notify the department and his counsel in writing of his current whereabouts, including his address, cellular number, telephone number, and any other contact information, and that if he fails to do so, the law authorizes hearings to be held in his absence.

(6)The parent's responsibility to notify the department and the court in writing of the current whereabouts, including address, cellular number, telephone number, and any other contact information, of the child's other parent and any relative or other individual willing and able to offer a wholesome and stable home for the child.

(7)The parent's responsibility to support the achievement of timely permanency for the child.

(8)The parent's responsibility to advise the department and the court in writing of the whereabouts, including the address, cellular number, telephone number, and any other contact information, of all grandparents, all parents of a sibling where such parent has legal custody of such sibling, and all other adult relatives of the child.

(9)The possibility that a judicial certification for adoption proceeding may be initiated if the child remains in the custody of the state.

B. If the curator ad hoc fails to locate the parent, the curator ad hoc shall attend the hearing of this matter, submit a note of evidence on the record indicating the efforts made to locate the parent, and proceed contradictorily unless the parent is subsequently served or waives objection to jurisdiction. Proceedings held contradictorily with the curator ad hoc shall be of full force and legal effect against the parent.

C. If the parent is subsequently served in accordance with either Article 640 or 641 or is located by the curator ad hoc, the curator ad hoc shall be required only to attend the hearing and submit a note of evidence on the record indicating the efforts made to locate the parent.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 578, §4; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 248, §1; Acts 2015, No. 124, §1, eff. June 19, 2015.