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Regular Session, 2012
SENATE BILL NO. 136
BY SENATOR WHITE
CHILDREN. Provides for the reporting procedures for suspected cases of child abuse and
neglect. (gov sig)
AN ACT1
To amend and reenact Children's Code Article 610(A) and(E)(1) and (2), relative to2
reporting of child abuse or neglect; to provide with respect to the reporting3
procedures for suspected cases of child abuse and neglect; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Children's Code Article 610(A) and(E)(1) and (2) is hereby amended and7
reenacted to read as follows: 8
Art. 610. Reporting procedure9
A. Reports of child abuse or neglect or that such was a contributing factor in10
a child's death, where the abuser is believed to be a parent or caretaker, a person who11
maintains an interpersonal dating or engagement relationship with the parent or12
caretaker, or a person living in the same residence with the parent or caretaker as a13
spouse whether married or not, shall be made immediately to the local child14
protection unit of the department through the designated state child protection15
reporting hotline number. Reports in which the abuse or neglect is believed to be16
perpetrated by someone other than a caretaker, a person who maintains an17 SB NO. 136
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
interpersonal dating or engagement relationship with the parent or caretaker, or a1
person living in the same residence with the parent or caretaker as a spouse whether2
married or not, and the caretaker is not believed to have any responsibility for the3
abuse or neglect shall be made immediately to a local or state law enforcement4
agency. Dual reporting to both the local child protection unit of the department5
through the designated state child protection reporting hotline number and the6
local or state law enforcement agency is permitted.7
* * *8
E.(1) All reports made to any local or state law enforcement agency involving9
abuse or neglect in which the child's parent or caretaker, a person who maintains an10
interpersonal dating or engagement relationship with the parent or caretaker, or a11
person living in the same residence with the parent or caretaker as a spouse whether12
married or not, is believed responsible shall be promptly communicated to the local13
child protection unit of the department through the designated state child14
protection reporting hotline number in accordance with a written working15
agreement developed between the local law enforcement agency and child protection16
unit the department.17
(2) A local child protection unit The department shall promptly18
communicate abuse or neglect cases not involving a parent, caretaker, or occupant19
of the household to the appropriate law enforcement agency in accordance with a20
written working agreement developed between the local child protection unit21
department and law enforcement agency. The local child protection unit22
department also shall report all cases of child death which involve a suspicion of23
abuse or neglect as a contributing factor in the child's death to the local and state law24
enforcement agencies, the office of the district attorney, and the coroner.25
* * *26
Section 2. This Act shall become effective upon signature by the governor or, if not27
signed by the governor, upon expiration of the time for bills to become law without signature28
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If29 SB NO. 136
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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
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Present law requires reports of child abuse or neglect or that such was a contributing factor
in a child's death, where the abuser is believed to be a parent or caretaker, a person who
maintains an interpersonal dating or engagement relationship with the parent or caretaker,
or a person living in the same residence with the parent or caretaker as a spouse whether
married or not, shall be made immediately to the local child protection unit of the
department.
Proposed law requires reporting as in present law, but instead of reporting to the DCFS local
child protection unit, the reporting is through the designated state child protection reporting
hotline number.
Present law permits dual reporting to both the local child protection unit of the DCFS and
the local or state law enforcement agency.
Proposed law allows dual reporting to both the DCFS through the designated state child
protection reporting hotline number and the local or the state law enforcement agency.
Present law requires all reports made to any local or state law enforcement agency involving
abuse or neglect in which the child's parent or caretaker, a person who maintains an
interpersonal dating or engagement relationship with the parent or caretaker, or a person
living in the same residence with the parent or caretaker as a spouse whether married or not,
is believed responsible shall be promptly communicated to the local child protection unit of
the department in accordance with a written working agreement developed between the local
law enforcement agency and child protection unit .
Proposed law requires the same communication as in present law, but the communication
involves the DCFS instead of local child protection unit of DCFS.
Present law requires the local child protection unit to promptly communicate abuse or
neglect cases not involving a parent, caretaker, or occupant of the household to the
appropriate law enforcement agency in accordance with a written working agreement
developed between the local child protection unit and law enforcement agency. The local
child protection unit shall report all cases of child death which involve a suspicion of abuse
or neglect as a contributing factor in the child's death to the local and state law enforcement
agencies, the office of the district attorney, and the coroner.
Proposed law maintains present law, but instead of DCFS' local child protection unit, it is
the DCFS.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends Ch.C. Art. 610(A) and(E)(1) and (2))