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words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 517
BY SENATOR MORRELL
JUVENILES. Requires the notification of certain school officials when certain children
have been taken into custody. (8/1/12)
AN ACT1
To amend and reenact Children's Code Art. 813(C) and to enact Children's Code Art.2
814(G), relative to taking a child into custody; to require the notification of certain3
school officials when a child has been taken into custody; to provide for the4
confidentiality of such notification; to provide relative to violations of5
confidentiality; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Children's Code Art. 813(C) is hereby amended and reenacted and8
Children's Code Art. 814(G) is hereby enacted to read as follows: 9
Art. 813. Taking child into custody with a court order; filing of verified complaint;10
execution11
* * *12
C.(1) An order directing that a child be taken into custody may be executed13
by a peace officer or the child's probation officer having territorial jurisdiction over14
the child. The officer shall promptly notify the child's parents that their child has15
been taken into custody. The officer shall also promptly conduct the child to the16
appropriate facility in accordance with Article 815.17 SB NO. 517
SLS 12RS-236 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2)(a) The officer who takes such child into custody shall report to the1
principal of any public school whenever a child enrolled therein is taken into2
custody pursuant to the provisions of this Article. The report shall include the3
basis for detaining the child, circumstances surrounding the events which led4
to taking the child into custody, and whether such child was released to the care5
of his parents or conducted to an appropriate facility. The report shall be6
updated as appropriate to notify the principal of developments and the7
disposition of the matter.8
(b) The information derived shall be kept separate from and shall not9
become a part of the official school record of such child and shall not be a public10
record. Immediately upon receipt, the principal shall maintain these documents11
in a safe, locked record storage that is separate from the student's other school12
records. The principal shall shred, burn, or otherwise destroy documents13
received to protect the confidentiality of the information. The principal shall14
shred, burn, or otherwise destroy all information gained from examination of15
juvenile records when he finds that the school no longer needs the information16
to protect the safety of or to improve the educational opportunities for the17
student or others. In no case shall the principal make a copy of these documents.18
(c) Documents received under this Paragraph shall be used only to19
protect the safety of or to improve the education opportunities for the student20
or others. Information gained from such report shall not be the sole basis for a21
decision to suspend or expel a student. Upon receipt of each document, the22
principal shall share the document with those individuals who have direct23
guidance, teaching, or supervisory responsibility for the student and a specific24
need to know in order to protect the safety of the student or others. Those25
individuals shall indicate in writing that they have read the document and that26
they agree to maintain its confidentiality.27
(d) If the student graduates, withdraws from school, is suspended for the28
remainder of the school year, is expelled, or transfers to another school, the29 SB NO. 517
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principal shall destroy such documents and, if applicable, shall provide the1
officer with the name and address of the school to which the student is2
transferring.3
(3) Any violation of the confidentiality of the provisions of this4
Paragraph shall be punishable as a constructive contempt of court pursuant to5
Article 1509(D).6
Art. 814. Taking child into custody without a court order; duties of the officer;7
duties of the court8
* * *9
G.(1) The officer who takes such child into custody shall report to the10
principal of any public school whenever a child enrolled therein is taken into11
custody pursuant to the provisions of this Article. The report shall include the12
basis for detaining the child, circumstances surrounding the events which led13
to taking the child into custody, and whether such child was released to the care14
of his parents or conducted to an appropriate facility. The report shall be15
updated as appropriate to notify the principal of developments and the16
disposition of the matter.17
(a) The information derived shall be kept separate from and shall not18
become a part of the official school record of such child and shall not be a public19
record. Immediately upon receipt, the principal shall maintain these documents20
in a safe, locked record storage that is separate from the student's other school21
records. The principal shall shred, burn, or otherwise destroy documents22
received to protect the confidentiality of the information. The principal shall23
shred, burn, or otherwise destroy all information gained from examination of24
juvenile records when he finds that the school no longer needs the information25
to protect the safety of or to improve the educational opportunities for the26
student or others. In no case shall the principal make a copy of these documents.27
(b) Documents received under this Paragraph shall be used only to28
protect the safety of or to improve the education opportunities for the student29 SB NO. 517
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words in boldface type and underscored are additions.
or others. Information gained from such report shall not be the sole basis for a1
decision to suspend or expel a student. Upon receipt of each document, the2
principal shall share the document with those individuals who have direct3
guidance, teaching, or supervisory responsibility for the student and a specific4
need to know in order to protect the safety of the student or others. Those5
individuals shall indicate in writing that they have read the document and that6
they agree to maintain its confidentiality.7
(c) If the student graduates, withdraws from school, is suspended for the8
remainder of the school year, is expelled, or transfers to another school, the9
principal shall destroy such documents and, if applicable, shall provide the10
officer with the name and address of the school to which the student is11
transferring.12
(2) Any violation of the confidentiality of the provisions of this13
Paragraph shall be punishable as a constructive contempt of court pursuant to14
Article 1509(D).15
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy R. Wells.
DIGEST
Present law provides for the procedure of taking a child into custody, both with and without
a court order.
Proposed law retains present law and requires the officer that takes such child into custody
to report to the principal of any public school whenever a child enrolled therein is taken into
custody. Proposed law requires the report to include the basis for detaining the child,
circumstances surrounding the events which led to taking the child into custody, and if such
child was released to the care of his parents or conducted to an appropriate facility. Proposed
law further requires the report to be updated as appropriate to notify the principal of
developments and the disposition of the matter.
Proposed law requires the information derived from such report to be kept separate from and
not become a part of the official school record of such child. Proposed law provides that
such report is confidential and is not to be a public record.
Proposed law requires the principle to immediately upon receipt, to maintain the document
in a safe, locked record storage that is separate from the student's other school records.
Proposed law requires the principal to shred, burn, or otherwise destroy documents received
to protect the confidentiality of the information. Proposed law further requires the principal
to shred, burn, or otherwise destroy all information gained from examination of juvenile
records when he finds that the school no longer needs the information to protect the safety SB NO. 517
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of or to improve the educational opportunities for the student or others. Proposed law
prohibits the principal to make a copy of these documents.
Proposed law provides that documents received are to be used only to protect the safety of
or to improve the education opportunities for the student or others and that information
gained from such report shall not be the sole basis for a decision to suspend or expel a
student.
Proposed law requires the principal to share the document with those individuals who have
direct guidance, teaching, or supervisory responsibility for the student and a specific need
to know in order to protect the safety of the student or others. Proposed law requires those
individuals to indicate in writing that they have read the document and that they agree to
maintain its confidentiality.
Proposed law requires the principal to destroy the records if the student graduates, withdraws
from school, is suspended for the remainder of the school year, is expelled, or transfers to
another school and, if applicable, provide the officer with the name and address of the school
to which the student is transferring.
Proposed law provides that any violation of the confidentiality of the provisions of this
Paragraph shall be punishable with a fine of not more than $500 or imprisonment for not
more than six months, or both.
Effective August 1, 2012.
(Amends Ch.C. Art. 813(C); adds Ch.C. Art. 814(G))