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SENATE BILL NO. 4
BY SENATORS MORRELL, DORSEY-COLOMB, MILLS, PERRY AND WHITE AND
REPRESENTATIVE LEGER
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 Code Article3
603(15)(j), relative to the reporting of abuse or neglect of children; to provide for criminal4
penalties; to provide relative to the reporting of sexual abuse of children; to provide for5
definitions; to amend the definition of "mandatory reporter" for purposes of reporting abuse6
of children; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 14:403(A) is hereby amended and reenacted to read as follows: 9
ยง403. Abuse of children; reports; waiver of privilege 10
A.(1)(a) Any person who, under pursuant to Children's Code Article11
609(A), is required to report the abuse or neglect or sexual abuse of a child and12
knowingly and willfully fails to so report shall be guilty of a misdemeanor and upon13
conviction shall be fined not more than five hundred dollars or imprisoned for not14
more than six months, or both.15
(b) Any person who, pursuant to Children's Code Article 609(A), is16
required to report the sexual abuse of a child, or the abuse or neglect of a child17
which results in the serious bodily injury, neurological impairment, or death of18
the child, and the person knowingly and willfully fails to so report shall be fined19
not more than three thousand dollars, imprisoned, with or without hard labor,20
for not more than three years, or both. For purposes of this Subparagraph,21
ACT No. 614 SB NO. 4 ENROLLED
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"serious bodily injury" means injury involving protracted and obvious1
disfigurement or protracted loss or impairment of the function of a bodily2
member, organ, or mental faculty, or substantial risk of 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 six months,12
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 Paragraph (1) of this18
Subsection, any person who is eighteen years of age or older who witnesses the19
sexual abuse of a child and knowingly and willfully fails to report the sexual20
abuse to law enforcement or to the Department of Children and Family Services21
as required by Children's Code Article 610, shall be fined not more than ten22
thousand dollars, imprisoned with or without hard labor for not more than five23
years, or both.24
(b) For purposes of this Paragraph, "sexual abuse" shall include but is25
not limited to the perpetration or attempted perpetration of R.S. 14:41, 42, 42.1,26
43, 43.1, 43.2, 43.3, 46.2, 46.3, 78, 78.1, 80, 81, 81.1, 81.2, 86, 89, or 89.1.27
* * *28
Section 2. Children's Code Article 603(15)(introductory paragraph) and (d) and29
610(A) and (E)(1) and (2) are hereby amended and reenacted and Children's Code Article30 SB NO. 4 ENROLLED
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603(15)(j) is hereby enacted to read as follows:1
Art. 603. Definitions2
As used in this Title:3
* * *4
(15) "Mandatory reporter" is any of the following individuals performing5
their occupational duties:6
* * *7
(d) "Teaching or child care provider" is any person who provides or assists8
in the teaching, training and supervision of a child, including any public or private9
teacher, teacher's aide, instructional aide, school principal, school staff member, bus10
driver, coach, professor, technical or vocational instructor, technical or11
vocational school staff member, college or university administrator, college or12
university staff member, social worker, probation officer, foster home parent, group13
home or other child care institutional staff member, personnel of residential home14
facilities, a licensed or unlicensed day care provider, or any individual who provides15
such services to a child in a voluntary or professional capacity.16
* * *17
(j) "Organizational or youth activity provider" is any person who18
provides organized activities for children, including administrators, employees,19
or volunteers of any day camp, summer camp, youth center, or youth recreation20
programs or any other organization that provides organized activities for21
children.22
* * *23
Art. 610. Reporting procedure24
A. Reports of child abuse or neglect or that such was a contributing factor25
in a child's death, where the abuser is believed to be a parent or caretaker, a person26
who maintains an interpersonal dating or engagement relationship with the parent or27
caretaker, or a person living in the same residence with the parent or caretaker as a28
spouse whether married or not, shall be made immediately to the local child29
protection unit of the department through the designated state child protection30 SB NO. 4 ENROLLED
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reporting hotline telephone number. Reports in which the abuse or neglect is1
believed to be perpetrated by someone other than a caretaker, a person who2
maintains an interpersonal dating or engagement relationship with the parent or3
caretaker, or a person living in the same residence with the parent or caretaker as a4
spouse whether married or not, and the caretaker is not believed to have any5
responsibility for the abuse or neglect shall be made immediately to a local or state6
law enforcement agency. Dual reporting to both the local child protection unit of the7
department through the designated state child protection reporting hotline8
telephone number and the local or state law enforcement agency is permitted.9
* * *10
E.(1) All reports made to any local or state law enforcement agency11
involving abuse or neglect in which the child's parent or caretaker, a person who12
maintains an interpersonal dating or engagement relationship with the parent or13
caretaker, or a person living in the same residence with the parent or caretaker as a14
spouse whether married or not, is believed responsible shall be promptly15
communicated to the local child protection unit of the department through the16
designated state child protection reporting hotline telephone number in17
accordance with a written working agreement developed between the local law18
enforcement agency and child protection unit the department.19
(2) A local child protection unit The department shall promptly20
communicate abuse or neglect cases not involving a parent, caretaker, or occupant21
of the household to the appropriate law enforcement agency in accordance with a22
written working agreement developed between the local child protection unit23
department and law enforcement agency. The local child protection unit24
department also shall report all cases of child death which involve a suspicion of25
abuse or neglect as a contributing factor in the child's death to the local and state law26
enforcement agencies, the office of the district attorney, and the coroner.27
* * *28
Section 3. This Act shall become effective upon signature by the governor or, if not29
signed by the governor, upon expiration of the time for bills to become law without signature30 SB NO. 4 ENROLLED
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: