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Regular Session, 2012
SENATE BILL NO. 357
BY SENATOR MORRELL
CRIME/PUNISHMENT. Provides relative to the reporting of child sexual abuse. (gov sig)
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 relative to the5
reporting of sexual abuse of children; to provide for definitions; to amend the6
definition of "mandatory reporter" for purposes of reporting abuse of children; to7
provide for an effective date; 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 Children's Code Article 609(A), is required12
to report the abuse or neglect or sexual abuse of a child and knowingly and willfully13
fails to so report shall be guilty of a misdemeanor and upon conviction shall be fined14
not more than five hundred dollars or imprisoned for not more than six months, or15
both.16
(b) Any person who, under Children's Code Article 609(A), is required17 SB NO. 357
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to report the sexual abuse of a child, or the abuse or neglect of a child which1
results in the serious bodily injury, neurological impairment, or death of the2
child, and the person knowingly and willfully fails to so report shall be fined not3
more than three thousand dollars or imprisoned, with or without hard labor,4
for not more than three years, or both. For purposes of this Subparagraph,5
"serious bodily injury" means injury involving protracted and obvious6
disfigurement or protracted loss or impairment of the function of a bodily7
member, organ, or mental faculty, or substantial risk of death.8
(2) Any person, any employee of a local child protection unit of the9
Department of Children and Family Services, any employe e of any local law10
enforcement agency, any employee or agent of any state department, or any school11
employee who knowingly and willfully violates the provisions of Chapter 5 of Title12
VI of the Children's Code, or who knowingly and willfully obstructs the procedures13
for receiving and investigating reports of child abuse or neglect or sexual abuse, or14
who discloses without authorization confidential information about or contained15
within such reports shall be guilty of a misdemeanor and upon conviction shall be16
fined not more than five hundred dollars or imprisoned for not more than six months,17
or both.18
(3) Any person who reports a child as abused or neglected or sexually abused19
to the department or to any law enforcement agency, knowing that such information20
is false, shall be guilty of a misdemeanor and upon conviction shall be fined not21
more than five hundred dollars or imprisoned for not more than six months, or both.22
(4)(a) Notwithstanding the provisions of Subparagraphs (1)(a) and (1)(b)23
of this Subsection, any person who is eighteen years of age or older who24
witnesses the sexual abuse of a child and the person knowingly or willfully fails25
to report the abuse to law enforcement or to the Department of Children and26
Family Services as required by Children's Code Article 610, shall be fined not27
more than ten thousand dollars or imprisoned, with or without hard labor, for28
not more than five years, or both.29 SB NO. 357
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(b) For purposes of this Paragraph, "sexual abuse" shall include but is1
not limited to acts which are prohibited by R.S. 14:41, 42, 42.1, 43, 43.1, 43.2,2
43.3, 46.2, 46.3, 78, 78.1, 80, 81, 81.1, 81.2, 89 and 89.1.3
* * *4
Section 2. Children's Code Article 603(15)(introductory paragraph) and (d) and5
610(A) and (E)(1) and (2) are hereby amended and reenacted and Children's Code Article6
603(15)(j) is hereby enacted to read as follows:7
Art. 603. Definitions8
As used in this Title:9
* * *10
(15) "Mandatory reporter" is any of the following individuals performing11
their occupational duties:12
* * *13
(d) "Teaching or child care provider" is any person who provides or assists14
in the teaching, training and supervision of a child, including any public or private15
teacher, teacher's aide, instructional aide, school principal, school staff member, bus16
driver, coach, professor, technical or vocational instructor, technical or17
vocational school staff member, college or university administrator, college or18
university staff member, social worker, probation officer, foster home parent, group19
home or other child care institutional staff member, personnel of residential home20
facilities, a licensed or unlicensed day care provider, or any individual who provides21
such services to a child in a voluntary or professional capacity.22
* * *23
(j) "Organizational or youth activity provider" is any person who24
provides organized activities for children, including administrators, employees,25
or volunteers of any day camp, summer camp, youth center, or youth recreation26
programs or any other organization that provides organized activities for27
children.28
* * *29 SB NO. 357
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Art. 610. Reporting procedure1
A. Reports of child abuse or neglect or that such was a contributing factor2
in a child's death, where the abuser is believed to be a parent or caretaker, a person3
who maintains an interpersonal dating or engagement relationship with the parent or4
caretaker, or a person living in the same residence with the parent or caretaker as a5
spouse whether married or not, shall be made immediately to the local child6
protection unit of the department through the designated state child protection7
reporting hotline telephone number. Reports in which the abuse or neglect is8
believed to be perpetrated by someone other than a caretaker, a person who9
maintains an interpersonal dating or engagement relationship with the parent or10
caretaker, or a person living in the same residence with the parent or caretaker as a11
spouse whether married or not, and the caretaker is not believed to have any12
responsibility for the abuse or neglect shall be made immediately to a local or state13
law enforcement agency. Dual reporting to both the local child protection unit of the14
department through the designated state child protection reporting hotline15
telephone number and the local or state law enforcement agency is permitted.16
* * *17
E.(1) All reports made to any local or state law enforcement agency18
involving abuse or neglect in which the child's parent or caretaker, a person who19
maintains an interpersonal dating or engagement relationship with the parent or20
caretaker, or a person living in the same residence with the parent or caretaker as a21
spouse whether married or not, is believed responsible shall be promptly22
communicated to the local child protection unit of the department through the23
designated state child protection reporting hotline telephone number in24
accordance with a written working agreement developed between the local law25
enforcement agency and child protection unit the department.26
(2) A local child protection unit The department shall promptly27
communicate abuse or neglect cases not involving a parent, caretaker, or occupant28
of the household to the appropriate law enforcement agency in accordance with a29 SB NO. 357
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written working agreement developed between the local child protection unit1
department and law enforcement agency. The local child protection unit2
department also shall report all cases of child death which involve a suspicion of3
abuse or neglect as a contributing factor in the child's death to the local and state law4
enforcement agencies, the office of the district attorney, and the coroner.5
* * *6
Section 3. This Act shall become effective upon signature of the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
of the governor, as provided in Article III, Section 18 of the Constitution of Louisiana.9
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
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 five hundred
dollars or 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 or 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 or imprisoned for not more than three years, or both. Proposed law
defines "serious bodily injury".
(3)Provides that any person 18 years of age or older who witnesses the sexual abuse of
a child and knowingly or willfully fails to report the abuse to law enforcement or
DPS&C shall be fined not more than $10,000 or imprisoned for not more than 5
years, or both. Proposed law defines "sexual abuse" for purposes of this paragraph.
(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 SB NO. 357
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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,
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 the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:403(A)(1) and Ch.C. Art. 603(15)(intro para) and (d); adds R.S.
14:403(A)(4) and Ch.C. Art. 603(15)(j))