HLS 11RS-962 REENGROSSED
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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 REPRESENTATIVES NORTON, ARMES, AUSTIN BADON, BOBBY BADON,
BALDONE, BARROW, BISHOP, HENRY BURNS, BURRELL, CARMODY,
DIXON, GISCLAIR, HONORE, MORENO, RICHARD, GARY SMITH,
PATRICIA SMITH, ST. GERMAIN, STIAES, AND THIERRY
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,
custody 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 or custody orders; to require the Department of Children and Family4
Services to request a temporary restraining order if it determines that any previous5
ordered visitation or custody would put the child's health and safety at risk; and to6
provide for related 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 HLS 11RS-962 REENGROSSED
HB NO. 465
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preliminary investigation shall also include an immediate assessment of any existing1
visitation or custody order or agreement involving the alleged perpetrator and the2
child. The department shall request a temporary restraining order pursuant to Article3
617 or a protective order pursuant to Article 618 if the department determines that4
any such previously ordered visitation or custody would put the child's health and5
safety at risk. Admission of the investigator on school premises or access to the6
child in school shall not be denied by school personnel. However, the request for a7
temporary restraining order or a protective order in accordance with this Article shall8
not independently confer exclusive jurisdiction on the juvenile court in accordance9
with Article 303.10
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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, custody 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, custody 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. HLS 11RS-962 REENGROSSED
HB NO. 465
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides that a request for a temporary restraining order or a protective order
made in accordance with present law and proposed law shall not independently confer
exclusive jurisdiction on the juvenile court in accordance with present law.
(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.
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.
House Floor Amendments to the engrossed bill.
1. Added a provision requiring that a preliminary investigation include an
immediate assessment of certain custody orders.
2. Provided that a request for a temporary restraining order or a protective order
made in accordance with present law and proposed law shall not independently
confer exclusive jurisdiction on the juvenile court in accordance with present
law.