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ACT No. 268
Regular Session, 2012
HOUSE BILL NO. 577
BY REPRESENTATIVES LOPINTO, HAZEL, HONORE, AND NORTON AND
SENATORS ALLAIN, AMEDEE, APPEL, BROOME, CHABERT, CROWE,
DONAHUE, DORSEY-COLOMB, ERDEY, GUI LLORY, JOHNS, KOSTELKA,
LONG, MARTINY, MILLS, MORRELL, MURRAY, NEVERS, PEACOCK,
PERRY, PETERSON, RISER, GARY SMITH, JOHN SMITH, TARVER,
THOMPSON, WALSWORTH, AND WARD
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
both. For purposes of this Subparagraph, "serious bodily injury" means injury22 ENROLLEDHB NO. 577
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involving protracted and obvious disfigurement or protracted loss or impairment of1
the function of a bodily member, organ, or mental faculty, or substantial risk of2
death.3
(2) Any person, any employee of a local child protection unit of the4
Department of Children and Family Services, any employee of any local law5
enforcement agency, any employee or agent of any state department, or any school6
employee who knowingly and willfully violates the provisions of Chapter 5 of Title7
VI of the Children's Code, or who knowingly and willfully obstructs the procedures8
for receiving and investigating reports of child abuse or neglect or sexual abuse, or9
who discloses without authorization confidential information about or contained10
within such reports shall be guilty of a misdemeanor and upon conviction shall be11
fined not more than five hundred dollars, or imprisoned for not more than six12
months, or both.13
(3) Any person who reports a child as abused or neglected or sexually abused14
to the department or to any law enforcement agency, knowing that such information15
is false, shall be guilty of a misdemeanor and upon conviction shall be fined not16
more than five hundred dollars, or imprisoned for not more than six months, or both.17
(4)(a) Notwithstanding the provisions of Subparagraphs (1)(a) and (b) of this18
Subsection, any person who is eighteen years of age or older who witnesses the19
sexual abuse of a child and knowingly or willfully fails to report the abuse to law20
enforcement or to the Department of Children and Family Services as required by21
Children's Code Article 610, shall be fined not more than ten thousand dollars,22
imprisoned, with or without hard labor, for not more than five years, or both.23
(b) For purposes of this Paragraph, "sexual abuse" shall include but is not24
limited to the perpetration or the attempted perpetration of R.S. 14:41, 42, 42.1, 43,25
43.1, 43.2, 43.3, 46.2, 46.3, 78, 78.1, 80, 81, 81.1, 81.2, 89, or 89.1.26
* * *27
Section 2. Children's Code Article 603(15)(introductory paragraph) and (d) and28
610(A) and (E)(1) and (2) are hereby amended and reenacted and Children's Code Article29
603(15)(j) is hereby enacted to read as follows:30 ENROLLEDHB NO. 577
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Art. 603. Definitions1
As used in this Title:2
* * *3
(15) "Mandatory reporter" is any of the following individuals performing4
their occupational duties:5
* * *6
(d) "Teaching or child care provider" is any person who provides or assists7
in the teaching, training, and supervision of a child, including any public or private8
teacher, teacher's aide, instructional aide, school principal, school staff member, bus9
driver, coach, professor, technical or vocational instructor, technical or vocational10
school staff member, college or university administrator, college or university staff11
member, social worker, probation officer, foster home parent, group home or other12
child care institutional staff member, personnel of residential home facilities, a13
licensed or unlicensed day care provider, or any individual who provides such14
services to a child in a voluntary or professional capacity.15
* * *16
(j) "Organizational or youth activity provider" is any person who provides17
organized activities for children, including administrators, employees, or volunteers18
of any day camp, summer camp, youth center, or youth recreation programs or any19
other organization that provides organized activities for children.20
* * *21
Art. 610. Reporting procedure22
A. Reports of child abuse or neglect or that such was a contributing factor23
in a child's death, where the abuser is believed to be a parent or caretaker, a person24
who maintains an interpersonal dating or engagement relationship with the parent or25
caretaker, or a person living in the same residence with the parent or caretaker as a26
spouse whether married or not, shall be made immediately to the local child27
protection unit of the department through the designated state child protection28
reporting hotline telephone number. Reports in which the abuse or neglect is29
believed to be perpetrated by someone other than a caretaker, a person who30 ENROLLEDHB NO. 577
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maintains an interpersonal dating or engagement relationship with the parent or1
caretaker, or a person living in the same residence with the parent or caretaker as a2
spouse whether married or not, and the caretaker is not believed to have any3
responsibility for the abuse or neglect shall be made immediately to a local or state4
law enforcement agency. Dual reporting to both the local child protection unit of the5
department through the designated state child protection reporting hotline telephone6
number and the local or state law enforcement agency is permitted.7
* * *8
E.(1) All reports made to any local or state law enforcement agency9
involving abuse or neglect in which the child's parent or caretaker, a person who10
maintains an interpersonal dating or engagement relationship with the parent or11
caretaker, or a person living in the same residence with the parent or caretaker as a12
spouse whether married or not, is believed responsible, shall be promptly13
communicated to the local child protection unit of the department through the14
designated state child protection reporting hotline telephone number in accordance15
with a written working agreement developed between the local law enforcement16
agency and child protection unit the department.17
(2) A local child protection unit The department shall promptly communicate18
abuse or neglect cases not involving a parent, caretaker, or occupant of the household19
to the appropriate law enforcement agency in accordance with a written working20
agreement developed between the local child protection unit department and law21
enforcement agency. The local child protection unit department also shall report all22
cases of child death which involve a suspicion of abuse or neglect as a contributing23
factor in the child's death to the local and state law enforcement agencies, the office24
of the district attorney, and the coroner.25
* * *26
Section 3. This Act shall become effective upon signature of the governor or, if not27
signed by the governor, upon expiration of the time for bills to become law without signature28
of the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If29 ENROLLEDHB NO. 577
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: