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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013 ENROLLED
SENATE BILL NO. 109
BY SENATOR MORRISH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact Children's Code Article 612(A)(2) and to enact Children's Code2
Articles 612(A)(4) and 614(E), relative to evaluation and examination orders for3
children; to provide relative to certain medical and other examinations and4
evaluations; to provide for independent review of medical information; to provide5
for certain evaluation orders; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Children's Code Article 612(A)(2) is hereby amended and reenacted and8
Children's Code Articles 612(A)(4) and 614(E) are hereby enacted to read as follows:9
Article 612. Assignment of reports for investigation and assessment10
A.11
* * *12
(2) Reports of high and intermediate levels of risk shall be investigated13
promptly. This investigation shall include a preliminary investigation as to the14
nature, extent, and cause of the abuse or neglect and the identity of the person15
actually responsible for the child's condition. This preliminary investigation shall16
include an interview with the child and his parent or parents or other caretaker and17
shall include consideration of all available medical information provided to the18
department pertaining to the child's condition. Such preliminary investigation19
shall also include an immediate assessment of any existing visitation or custody20 SB NO. 109 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
order or agreement involving the alleged perpetrator and the child. The department1
shall request a temporary restraining order pursuant to Article 617 or a protective2
order pursuant to Article 618 if the department determines that any such previously3
ordered visitation or custody would put the child's health and safety at risk.4
Admission of the investigator on school premises or access to the child in school5
shall not be denied by school personnel. However, the request for a temporary6
restraining order or a protective order in accordance with this Article shall not7
independently confer exclusive jurisdiction on the juvenile court in accordance with8
Article 303.9
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(4) During the investigation of a report from a treating health care11
practitioner of physical abuse of a child who is not in custody of the state, at the12
request and expense of the child's parent or caregiver the department shall13
provide copies of all medical information pertaining to the child's condition or14
treatment obtained during the investigation to a board certified child abuse15
pediatrician for purposes of conducting an independent review of the16
information. Any resulting report shall be provided to the department and to17
the child's parent or caretaker and shall be utilized in the department's on-18
going assessment of risk and to determine what action may be necessary to19
protect the health and safety of the child. Nothing in this Subparagraph shall20
be construed to prohibit granting an instanter removal order pursuant to21
Children's Code Article 615(B).22
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Art. 614. Evaluation orders24
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E. When a medical examination of a child has been conducted pursuant26
to Article 612(A)(4), upon a showing of good cause in an affidavit executed by27
the applicant and after a contradictory hearing, the court may order an28
additional physical examination of the child or other children in the household29
by any physician. For the purposes of this Paragraph, an applicant may be the30 SB NO. 109 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
investigator or the child's parent or caretaker.1
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: