Art. 1027. Discovery rights; access to department records

A. At any stage of the proceedings, upon written motion of counsel for the protected person or his parent, the court may order the district attorney or the department to permit counsel to inspect:

(1) Reports of investigation in the possession or control of the district attorney or the department.

(2) Reports of evaluations or tests pertaining to the child in the possession or control of the district attorney or the department.

(3) The case records maintained by the department pertaining to the child and the parent, except information otherwise protected under R.S. 46:56 or by restrictive order pursuant to Article 1028.

(4) Any videotape of a protected person made in compliance with Chapter 8 of Title III which is in the possession or control of the district attorney or the department.

B. The court shall order the district attorney or the department to permit counsel to inspect and copy any physical evidence, documents, or photographs which the state intends to offer into evidence at the hearing as provided for in Subparagraphs A(1), (2), and (4). However, the court may, in its discretion, permit the inspection of evidence provided for in Subparagraph A(3).

C. If counsel for the child or his parents is provided discovery, the court may condition that order upon reciprocal discovery by the state.

D. The court shall not order the production or inspection of any part of a writing that reflects the mental impressions, conclusions, or theories of an attorney nor any other type of discovery except that expressly authorized by this Article.

E. The duties imposed by a discovery order continue while the child is subject to the jurisdiction of the court, unless the order provides otherwise.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2004, No. 241, §1.