Any parish coroner or judge of a court of competent jurisdiction may order a person to be taken into protective custody when a peace officer or other credible person executes a statement under private signature specifying that the person stated in the order is mentally ill or suffering from substance abuse and is an immediate threat to their self or others. The statement may include the following information:
- A statement of facts, including the affiant's observations, leading to the conclusion that the person is mentally ill or suffering from substance abuse and dangerous to himself or others or gravely disabled.
- The date and place of any dangerous acts or threats.
- The name and surname, if known, of any other person who is in danger.
- Facts showing that the person sought has been encouraged to seek treatment and is unwilling to be evaluated on a voluntary basis, and
- Facts showing that the affiant has attempted to contact a specific treatment facility or a specific physician in order to obtain an examination of the person sought to be treated.
An Order of Protective Custody is for use only with individuals who are unwilling or unable to seek help. An Order of Protective Custody can only be executed if the location of the individual of the Order of Protective Custody is known. An Order of Protective Custody is valid for only seventy-two hours from its time of issuance.
Any person needing to execute an Order of Protective Custody should contact the Livingston Parish Coroner’s Office at 225.686.3980. The person requesting an Order of Protective Custody will be required to fill out and sign an affidavit of fact attesting the person to be taken into Protective Custody is mentally ill, an immediate threat to self or others or is gravely disabled.
An Order of Protective Custody is a legal affidavit and is punishable under penalty of law provided by LA R.S. 28:63 of up to two years imprisonment with or without hard labor or a fine up to $10,000.00 or both for known falsification of facts.