HLS 11RS-962 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 465
BY REPRESENTATIVE NORTON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CHILDREN/ABUSE: Provides relative to extending existing preliminary investigations of
abuse and neglect to include an immediate assessment of certain visitation orders or
agreements involving an alleged perpetrator and the child
AN ACT1
To amend and reenact Children's Code Article 612(A)(2), relative to child abuse; to provide2
that a preliminary investigation shall include an immediate assessment of certain3
visitation orders; to require the Department of Children and Family Services to4
request a temporary restraining order if it determines that any previous ordered5
visitation would put the child's health and safety at risk; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Children's Code Article 612(A)(2) is hereby amended and reenacted to9
read as follows: 10
Art. 612. Assignment of reports for investigation and assessment11
A.12
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(2) Reports of high and intermediate levels of risk shall be investigated14
promptly. This investigation shall include a preliminary investigation as to the15
nature, extent, and cause of the abuse or neglect and the identity of the person16
actually responsible for the child's condition. This preliminary investigation shall17
include an interview with the child and his parent or parents or other caretaker. Such18
preliminary investigation shall also include an immediate assessment of any existing19 HLS 11RS-962 ENGROSSED
HB NO. 465
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CODING: Words in struck through type are deletions from existing law; words underscored
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visitation order or agreement involving the alleged perpetrator and the child. The1
department shall request a temporary restraining order pursuant to Article 617 or a2
protective order pursuant to Article 618 if the department determines that any such3
previously ordered visitation would put the child’s health and safety at risk.4
Admission of the investigator on school premises or access to the child in school5
shall not be denied by school personnel. 6
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Norton HB No. 465
Abstract: Requires a preliminary investigation of abuse and neglect to include an
immediate assessment of certain visitation orders or agreements involving an alleged
perpetrator and the child.
Present law provides procedures for reports of child abuse or neglect for children not in the
custody of the state, which includes an assessment of the level of risk and an investigation
into the nature, extent, and cause of the abuse, and a determination of the person responsible
for the abuse.
Present law (Ch.C. Art. 136) provides that parents are entitled to reasonable visitation rights
unless the court finds, after a hearing, that visitation would not be in the best interest of the
child.
Present law (R.S. 9:341) provides that whenever the court finds that a parent has abused the
child, the court shall prohibit visitation between the abusive parent and the abused child until
such parent proves that visitation would not cause physical, emotional, or psychological
damage to the child.
Proposed law requires that a preliminary investigation of abuse and neglect include an
immediate assessment of any existing visitation order or agreement involving the alleged
perpetrator and the child. Also, requires the Dept. of Children and Family Services to
request a temporary restraining order pursuant to present law (Art. 617) or a protective order
pursuant to present law (Art. 618) if the department determines that any such previously
ordered visitation would put the child's health and safety at risk.
(Amends Ch.C. Art. 612(A)(2))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Made technical changes. HLS 11RS-962 ENGROSSED
HB NO. 465
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
2. Added a provision that requires an existing preliminary investigation of abuse
and neglect to also include an immediate assessment of any existing visitation
order or agreement involving the alleged perpetrator or the child.
3. Added a provision that requires the Dept. of Children and Family Services to
request a temporary restraining order or protective order if the department
determines that any previously ordered visitation would put the child's health or
safety at risk.
4. Deleted a provision that authorized the department to require supervised
visitation until a determination is made in accordance with present law governing
the disposition of reports.