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Regular Session, 2012
HOUSE BILL NO. 577
BY REPRESENTATIVES LOPINTO, HAZEL, HONORE, AND NORTON
CHILDREN/ABUSE: Provides relative to the reporting of child abuse
AN ACT1
To amend and reenact R.S. 14:403(A) and Children's Code Article 603(15)(introductory2
paragraph) and (d) and 610(A) and (E)(1) and (2) and to enact Children's Code3
Article 603(15)(j), relative to the reporting of abuse of children; to provide relative4
to the reporting of the abuse or neglect of children; to provide for criminal penalties;5
to provide relative to the reporting of sexual abuse of children; to provide for6
definitions; to amend the definition of "mandatory reporter" for purposes of reporting7
abuse of children; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 14:403(A) is hereby amended and reenacted to read as follows: 10
ยง403. Abuse of children; reports; waiver of privilege 11
A.(1)(a) Any person who, under pursuant to Children's Code Article 609(A),12
is required to report the abuse or neglect or sexual abuse of a child and knowingly13
and willfully fails to so report shall be guilty of a misdemeanor and upon conviction14
shall be fined not more than five hundred dollars, or imprisoned for not more than15
six months, or both.16
(b) Any person who, pursuant to Children's Code Article 609(A), is required17
to report the sexual abuse of a child, or the abuse or neglect of a child which results18
in the serious bodily injury, neurological impairment, or death of the child, and19
knowingly and willfully fails to so report shall be fined not more than three thousand20
dollars, imprisoned, with or without hard labor, for not more than three years, or21 HLS 12RS-544 REENGROSSED
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both. For purposes of this Subparagraph, "serious bodily injury" means injury1
involving protracted and obvious disfigurement or protracted loss or impairment of2
the function of a bodily member, organ, or mental faculty, or substantial risk of3
death.4
(2) Any person, any employee of a local child protection unit of the5
Department of Children and Family Services, any employee of any local law6
enforcement agency, any employee or agent of any state department, or any school7
employee who knowingly and willfully violates the provisions of Chapter 5 of Title8
VI of the Children's Code, or who knowingly and willfully obstructs the procedures9
for receiving and investigating reports of child abuse or neglect or sexual abuse, or10
who discloses without authorization confidential information about or contained11
within such reports shall be guilty of a misdemeanor and upon conviction shall be12
fined not more than five hundred dollars, or imprisoned for not more than six13
months, or both.14
(3) Any person who reports a child as abused or neglected or sexually abused15
to the department or to any law enforcement agency, knowing that such information16
is false, shall be guilty of a misdemeanor and upon conviction shall be fined not17
more than five hundred dollars, or imprisoned for not more than six months, or both.18
(4)(a) Notwithstanding the provisions of Subparagraphs (1)(a) and (b) of this19
Subsection, any person who is eighteen years of age or older who witnesses the20
sexual abuse of a child and knowingly or willfully fails to report the abuse to law21
enforcement or to the Department of Children and Family Services as required by22
Children's Code Article 610, shall be fined not more than ten thousand dollars,23
imprisoned, with or without hard labor, for not more than five years, or both.24
(b) For purposes of this Paragraph, "sexual abuse" shall include but is not25
limited to the perpetration or the attempted perpetration of R.S. 14:41, 42, 42.1, 43,26
43.1, 43.2, 43.3, 46.2, 46.3, 78, 78.1, 80, 81, 81.1, 81.2, 89, or 89.1.27
* * *28 HLS 12RS-544 REENGROSSED
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Section 2. Children's Code Article 603(15)(introductory paragraph) and (d) and1
610(A) and (E)(1) and (2) are hereby amended and reenacted and Children's Code Article2
603(15)(j) is hereby enacted to read as follows:3
Art. 603. Definitions4
As used in this Title:5
* * *6
(15) "Mandatory reporter" is any of the following individuals performing7
their occupational duties:8
* * *9
(d) "Teaching or child care provider" is any person who provides or assists10
in the teaching, training, and supervision of a child, including any public or private11
teacher, teacher's aide, instructional aide, school principal, school staff member, bus12
driver, coach, professor, technical or vocational instructor, technical or vocational13
school staff member, college or university administrator, college or university staff14
member, social worker, probation officer, foster home parent, group home or other15
child care institutional staff member, personnel of residential home facilities, a16
licensed or unlicensed day care provider, or any individual who provides such17
services to a child in a voluntary or professional capacity.18
* * *19
(j) "Organizational or youth activity provider" is any person who provides20
organized activities for children, including administrators, employees, or volunteers21
of any day camp, summer camp, youth center, or youth recreation programs or any22
other organization that provides organized activities for children.23
* * *24
Art. 610. Reporting procedure25
A. Reports of child abuse or neglect or that such was a contributing factor26
in a child's death, where the abuser is believed to be a parent or caretaker, a person27
who maintains an interpersonal dating or engagement relationship with the parent or28
caretaker, or a person living in the same residence with the parent or caretaker as a29 HLS 12RS-544 REENGROSSED
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spouse whether married or not, shall be made immediately to the local child1
protection unit of the department through the designated state child protection2
reporting hotline telephone number. Reports in which the abuse or neglect is3
believed to be perpetrated by someone other than a caretaker, a person who4
maintains an interpersonal dating or engagement relationship with the parent or5
caretaker, or a person living in the same residence with the parent or caretaker as a6
spouse whether married or not, and the caretaker is not believed to have any7
responsibility for the abuse or neglect shall be made immediately to a local or state8
law enforcement agency. Dual reporting to both the local child protection unit of the9
department through the designated state child protection reporting hotline telephone10
number and the local or state law enforcement agency is permitted.11
* * *12
E.(1) All reports made to any local or state law enforcement agency13
involving abuse or neglect in which the child's parent or caretaker, a person who14
maintains an interpersonal dating or engagement relationship with the parent or15
caretaker, or a person living in the same residence with the parent or caretaker as a16
spouse whether married or not, is believed responsible, shall be promptly17
communicated to the local child protection unit of the department through the18
designated state child protection reporting hotline telephone number in accordance19
with a written working agreement developed between the local law enforcement20
agency and child protection unit the department.21
(2) A local child protection unit The department shall promptly communicate22
abuse or neglect cases not involving a parent, caretaker, or occupant of the household23
to the appropriate law enforcement agency in accordance with a written working24
agreement developed between the local child protection unit department and law25
enforcement agency. The local child protection unit department also shall report all26
cases of child death which involve a suspicion of abuse or neglect as a contributing27 HLS 12RS-544 REENGROSSED
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factor in the child's death to the local and state law enforcement agencies, the office1
of the district attorney, and the coroner.2
* * *3
Section 3. This Act shall become effective upon signature of the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
of the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
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)]
Lopinto HB No. 577
Abstract: Provides relative to the reporting of child abuse.
Present law provides that a mandatory reporter who knowingly and willfully fails to report
the abuse, neglect, or sexual abuse of a child shall be fined not more than $500, imprisoned
for not more than six months, or both.
Present law provides for a definition of "mandatory reporter" and provides for a list of
certain persons, who in performing their occupational duties, are considered mandatory
reporters.
Present law further provides that teachers or child care providers are mandatory reporters
and include any person who provides training and supervision of a child, including any
public or private teacher, teacher's aide, instructional aide, school principal, school staff
member, social worker, probation officer, foster home parent, group home or other child care
institutional staff member, personnel of residential home facilities, a licensed or unlicensed
day care provider, or any individual who provides such services to a child.
Proposed law provides for the following:
(1)Amends present law to provide that a mandatory reporter shall be fined not more
than $500, imprisoned for not more than six months, or both, only for the knowing
and willful failure to report the abuse or neglect of a child.
(2)Provides that a mandatory reporter who knowingly and willfully fails to report the
sexual abuse of a child, or the abuse or neglect of a child which results in serious
bodily injury, neurological impairment, or death of a child, shall be fined not more
than $3,000, imprisoned for not more than three years, or both. Proposed law defines
"serious bodily injury".
(3)Provides that any person who is 18 years of age or older and who witnesses the
sexual abuse of a child and knowingly or willfully fails to report the abuse to law
enforcement or DCFS shall be fined not more than $10,000, imprisoned for not more
than five years, or both. Proposed law defines "sexual abuse". HLS 12RS-544 REENGROSSED
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(4)Removes the provision which requires an individual in the list of present law
"mandatory reporters" to be "performing their occupational duties" in order to be
considered a "mandatory reporter".
(5)Expands the definition of "teaching or child care provider" to include any person
who assists in the teaching, training, and supervision of a child, bus drivers, coaches,
professors, technical or vocational instructors, technical or vocational school staff
members, college or university administrators, college or university staff members,
or any person who provides teaching or child care services in a voluntary capacity.
(6)Adds "organizational or youth activity provider" to the list of "mandatory reporters".
Present law requires reports of child abuse or neglect to be made to the local child protection
unit of DCFS.
Proposed law amends present law and requires the reporting of child abuse or neglect to be
made to DCFS through the designated state child protection reporting hotline telephone
number.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 14:403(A) and Ch.C. Art. 603(15)(intro. para.) and (d), 610(A) and (E)(1) and
(2); Adds Ch.C. Art. 603(15)(j))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Amended proposed law definition of "sexual abuse" to include the perpetration
and the attempted perpetration of the acts provided for in proposed law.