SLS 11RS-489 ORIGINAL
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Regular Session, 2011
SENATE RESOLUTION NO. 121
BY SENATOR SHAW
CHILDREN'S CODE. Urge and request the Louisiana State Law Institute to study
procedures relative to children in need of care proceedings.
A RESOLUTION1
To urge and request the Louisiana State Law Institute to study procedures relative to2
children in need of care proceedings.3
WHEREAS, state law provides certain procedures and requirements relating to4
adjudication by a court that children are in need of care, including procedures for reporting5
of alleged abuse, multidisciplinary investigations concerning allegations of child abuse and6
neglect, disposition proceedings by the court, intervention by interested parties, and appellate7
review of such proceedings; and8
WHEREAS, the Louisiana State Law Institute should review such procedures and9
requirements to determine if present law should be revised to grant persons such as10
grandparents standing as proper and interested parties to such proceedings, although they are11
neither technically "guardians" nor "parents", legislatively superseding cases such as State12
ex rel. D.E., 47 So.3d 1109 (La. App. 2 Cir. 2010), writ denied, 51 So.3d 6 (La. 2010); and13
WHEREAS, such study should include review of procedures and requirements to14
determine whether state law should specify that the composition of the multidisciplinary15
investigation team should consist of professionals who have not, prior to the report of16
alleged abuse, made a report to the department as a mandatory reporter of the children17
named in the investigation; and18 SR NO. 121
SLS 11RS-489 ORIGINAL
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WHEREAS, such study should include review of procedures and requirements to1
determine whether state law should specify that custody evaluators and medical or mental2
health professionals making reports consist of professionals who have not, prior to the report3
of allegations, acted in the capacity as a mandatory reporter of suspicions of abuse with the4
children involved; and5
WHEREAS, the report and conclusions of such study by the Louisiana State Law6
Institute should be submitted to the Legislature of Louisiana, together with any7
recommendations in the form of proposed legislation, not later than February 1, 2012.8
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana9
does hereby urge and request that the Louisiana State Law Institute study procedures relative10
to children in need of care proceedings.11
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
Shaw SR No.
Urge and request the Louisiana State Law Institute to study procedures relative to children
in need of care proceedings.