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ACT No. 189
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.
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
preliminary investigation shall also include an immediate assessment of any existing19
visitation or custody order or agreement involving the alleged perpetrator and the20
child. The department shall request a temporary restraining order pursuant to Article21 ENROLLEDHB NO. 465
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617 or a protective order pursuant to Article 618 if the department determines that1
any such previously ordered visitation or custody would put the child's health and2
safety at risk. Admission of the investigator on school premises or access to the3
child in school shall not be denied by school personnel. However, the request for a4
temporary restraining order or a protective order in accordance with this Article shall5
not independently confer exclusive jurisdiction on the juvenile court in accordance6
with Article 303.7
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: