STATE v. A.C. (2026)

Children's Code article 315(B) is mandatory (“shall”) and requires two elements: 1) domicile and 2) pending proceedings, in another parish. The attorney for the juvenile has represented to this court that both are present, but presented no evidence at the hearing on the Motion to Transfer.

Article 805, relied on by the court and the State, is discretionary (“may”), when only one element, domicile in another parish, is present.

Notably, Article 315(B) provides that after adjudication the court shall transfer the proceeding if it receives information of element 1 and 2 above “at any time.” (Emphasis added.)

This matter is therefore remanded to the juvenile court with the advice that both the attorney for the juvenile and the attorney for the State owe a duty of candor to the court and should take care in the pleadings they sign. This matter should be easily resolved based on the facts: Is the domicile of the juvenile in Orleans Parish, and are there currently proceedings involving the juvenile pending in Orleans Parish.

Motion for priority consideration granted; writ denied on the showing made; remanded.

PER CURIAM

McCallum, J., would deny. Penzato, J., concurs.