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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2013
SENATE BILL NO. 109
BY SENATOR MORRISH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CHILDREN'S CODE. Provides relative to examinations of a suspected child abuse victim.
AN ACT1
To enact Children's Code Articles 612(A)(4) and 614(E), relative to evaluation and2
examination orders for children; to provide relative to certain medical and other3
examinations and evaluations; to require certain medical examinations in connection4
with certain mandatory reporting; to provide terms, conditions, and procedures; and5
to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Children's Code Articles 612(A)(4) and 614(E) are hereby enacted to read8
as follows:9
Article 612. Assignment of reports for investigation and assessment10
A.(1)11
* * *12
(4) When the department receives a mandatory report from a health care13
practitioner of abuse or neglect of a child who is not in the custody of the state,14
upon request of the child's parent or caretaker the department shall schedule15
at its cost an additional and independent medical examination of the child to be16
conducted promptly by a health care practitioner selected by the child's parent17 SB NO. 109
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
or caretaker. The reports of both examinations shall be made available to the1
department and to the child's parent or caretaker, and shall be considered by2
the department in assigning a level of risk to the child and any appropriate3
action concerning the child. This shall not preclude the obtaining pursuant to4
Article 614 of any further examination or evaluation of the child.5
* * *6
Art. 614. Evaluation orders7
* * *8
E. When a medical examination of a child has been conducted pursuant9
to Article 612(A)(4), upon a showing of good cause in an affidavit executed by10
the applicant and after a contradictory hearing, the court may order an11
additional physical examination of the child or other children in the household12
by any physician. For the purposes of this Paragraph, an applicant may be the13
investigator or the child's parent or caretaker.14
The original instrument was prepared by Cheryl Horne. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Jerry G. Jones.
DIGEST
Morrish (SB 109)
Present law in Children's Code provides that upon receiving a report of abuse or neglect of
a child who is not in the custody of the state, the Department of Children and Family
Services shall assign a level of risk to the child based on information provided by the
reporter. Provides for investigatory procedures for reports of high, intermediate and low
levels of risk.
Proposed law retains present law and adds that when the department receives a mandatory
report from a health care practitioner of abuse or neglect of a child who is not in the custody
of the state, upon request of the child's parent or caretaker, the department shall schedule at
its cost an additional and independent medical examination of the child to be conducted
promptly by a health care practitioner selected by the child's parent or caretaker. The reports
of both examinations shall be made available to the department and to the child's parent or
caretaker, and shall be considered by the department in assigning a level of risk to the child
and any appropriate action concerning the child. This shall not preclude the obtaining
pursuant to present law of any further examination or evaluation of the child.
Present law provides that if necessary, the investigator may apply to the court for certain
medical examinations and evaluations of the child or other children in the household.
Provides that upon a showing of good cause in an affidavit executed by the applicant, the
court may order a physical examination and evaluation of the child or other children in the
household by any physician. Such an order may be granted ex parte. Also provides that
upon a showing of good cause in an affidavit executed by the applicant and after a SB NO. 109
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contradictory hearing, the court may order a psychological or psychiatric examination and
evaluation of the child or other children in the household by a psychologist or psychiatrist.
Further provides that upon a showing of good cause in an affidavit executed by the applicant
and after a contradictory hearing, the court may order a physical, psychological, or
psychiatric examination of the parent or caretaker.
Proposed law retains present law and adds that when a medical examination of the child has
been conducted in accordance with the proposed law, upon a showing of good cause in an
affidavit executed by the applicant and after a court hearing, the court may order an
additional physical examination of the child or other children in the household by any
physician. For the purposes of the proposed law, an applicant to the court may be the
investigator or the child's parent or caretaker.
Effective August 1, 2013.
(Adds CHC Arts. 612(A)(4) and 614(E))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Adds language providing for additional medical examination of child upon
request of the child's parent or caretaker.
2. Revises language relative to obtaining court-ordered additional examinations
of the child or other children in the household by either the investigator or
child's parent or caretaker as applicant to the court.