RDCSB109 2991 3138
Page 1 of 2
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
DIGEST
Morrish (SB 109)
Present law provides that upon receiving a report of abuse or neglect of a child who is not
in the custody of the state, the Dept. 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 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 provide copies of all
medical information pertaining to the child's condition to the child's parents or caregiver for
the purpose of having a medical expert chosen by the parents or caregiver conduct an
independent review of the information provided. Further requires any report generated by
the independent review to be submitted to DCFS and considered in assigning a level of risk.
Present law provides that the court may order a physical, psychological, or psychiatric
examination of the child, parent, or caretaker upon application by the investigator in certain
circumstances.
Proposed law retains present law and authorizes the parents or caretaker of a child to execute
an affidavit requesting further examination and authorizes the court to order the additional
physical evaluation of child or other children in the household when the court has conducted
a contradictory hearing and has found that good cause exists. Prohibits application of
proposed law in cases of alleged sexual abuse.
Effective August 1, 2013.
(Adds Ch.C. 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. Added language providing for additional medical examination of child upon
request of the child's parent or caretaker.
2. Revised 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.
Senate Floor Amendments to engrossed bill
1. Made Legislative Bureau technical changes.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the reengrossed bill. RDCSB109 2991 3138
Page 2 of 2
1. Added requirement that all available medical information provided to DCFS
pertaining to the child's condition be considered in a preliminary investigation
of abuse or neglect.
2. Deleted requirement that DCFS schedule an additional medical examination of
a child upon the request of the parent or caretaker when there has been a report
of abuse or neglect from a health care practitioner, and deleted the requirement
that the report from the additional medical examination be made available to and
considered by DCFS in assigning a level of risk to the child.
3. Added provision requiring DCFS to provide copies of all medical information
pertaining to the child's condition to the parents or caregiver upon their request
for the purpose of obtaining an independent review of the information provided.
Required any report generated by the independent review to be submitted to
DCFS and considered in assigning a level of risk.
4. Deleted provision authorizing the court to order an additional physical exam of
the child or other children in the household when there has been a showing of
good cause by an applicant in an affidavit and after a contradictory hearing.
5. Except in cases of alleged sexual abuse, added provision authorizing a parent or
caretaker to execute an affidavit requesting a further physical examination of a
child or other children in the household and provides for a contradictory hearing.