Louisiana § RS 9:2720.4 - Institution of records check

§ RS 9:2720.4. Institution of records check

            A. Upon the initiation of the summary proceeding, the court shall do all of the following:

            (1) Order and be entitled to the criminal history record and identification files of the Louisiana Bureau of Criminal Identification and Information on each of the intended parents and the gestational carrier and her spouse, if she is married, as a means of performing background checks on those individuals. The bureau shall, upon request and after receipt of fingerprint cards and other identifying information from the court, make available to the court information contained in the bureau's criminal history record and identification files, which pertains to each of the intended parents and the gestational carrier and her spouse, if she is married. In addition, in order to determine an applicant's suitability, the fingerprints shall be forwarded by the bureau to the Federal Bureau of Investigation for a national criminal history record check. The bureau shall charge a processing fee as provided in R.S. 15:587(B)(1).

            (2) Order that the Department of Children and Family Services conduct a records check for validated complaints of child abuse or neglect in this or any other state in which either of the intended parents and the gestational carrier and her spouse, if she is married, has been domiciled since becoming a major.

            (3) Order that the judicial administrator's office of the Louisiana Supreme Court conduct a records check for court orders entered into the Louisiana Protective Order Registry involving each of the intended parents and the gestational carrier and her spouse, if she is married.

            B. Each order shall state the full name, date of birth, social security number, and former and current state of domicile since becoming a major of each subject of the check.

            C. The sheriff or the office of state police, Louisiana Bureau of Criminal Identification and Information, the Department of Children and Family Services, in accordance with the applicable rules and regulations promulgated by the department, and the judicial administrator's office of the Louisiana Supreme Court shall accord priority to these orders and shall provide a certificate to the court indicating all information discovered, or that no information has been found.

            Acts 2016, No. 494, §1.