HLS 15RS-972 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 385
BY REPRESENTATIVE NANCY LANDRY
(On Recommendation of the Louisiana State Law Institute)
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CHILDREN/ABUSE: Provides with respect to mandatory reporters
1 AN ACT
2To amend and reenact Children's Code Article 603(17)(b), relative to mandatory reporters;
3 to define mental health/social service practitioner; to establish an exception for
4 certain mental health/social service practitioners; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. Children's Code Article 603(17)(b) is hereby amended and reenacted to
7read as follows:
8 Art. 603. Definitions
9 As used in this Title:
10 * * *
11 (17) "Mandatory reporter" is any of the following individuals:
12 * * *
13 (b) "Mental health/social service practitioner" is any individual who provides
14 mental health care or social service diagnosis, assessment, counseling, or treatment,
15 including a psychiatrist, psychologist, marriage or family counselor, social worker,
16 behavioral health professional, member of the clergy, aide, or other individual who
17 provides counseling services to a child or his family. Notwithstanding any other
18 provision of law to the contrary, a mental health/social service practitioner shall not
19 be considered a mandatory reporter under the following limited circumstances: (i)
20 when the practitioner is engaged by an attorney to assist in the rendition of
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-972 ORIGINAL
HB NO. 385
1 professional legal services to a client and (ii) when the knowledge that would serve
2 as the basis for reporting arises in furtherance of facilitating the rendition of those
3 professional legal services to that client.
4 * * *
5 Comments - 2015
6 (a) As in other areas of legal practice, representation involving children and
7 families is increasingly reliant upon the use of interdisciplinary assistance from
8 mental health and social service practitioners as an essential element of providing
9 effective assistance of counsel. The United States Supreme Court has long
10 recognized that a defendant's constitutional right to prepare a defense may
11 necessitate various types of assistance from mental health experts. See Ake v.
12 Oklahoma, 470 U.S. 68 (1985). Additionally, state standards for the representation
13 of parents in child in need of care and termination of parental rights proceedings
14 provide that attorneys should use a "multidisciplinary approach to representation
15 when available" and "engage or involve a social worker as part of the parent's 'team'
16 to help determine an appropriate case plan, evaluate social services suggested for the
17 client, and act as a liaison and advocate for the client with the service providers".
18 Louisiana Administrative Code, Title 22, Part XV, Chapter 11, Section 1123(B).
19 (b) Absent the additional protections provided by this revision, attorneys
20 may be forced to choose between forgoing practitioner services necessary for
21 effective representation or risking the mandatory reporting of confidential and
22 privileged information by their representatives in a manner that is antithetical to the
23 client's goals of representation. This revision carves out a narrow exception to the
24 definition of a mandatory reporter by excluding mental health and social service
25 practitioners only under the limited circumstances when the practitioner is acting as
26 the representative of an attorney by providing services in furtherance of individual
27 legal representation and, in the course of providing that assistance, becomes aware
28 of information that would otherwise require mandatory reporting.
29 (c) The revised language draws from Code of Evidence Article 506 to
30 reconcile any potential conflict between mandatory reporting requirements and rules
31 of lawyer-client privilege and confidentiality applicable to attorney representatives.
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)]
HB 385 Original 2015 Regular Session Nancy Landry
Abstract: Provides an exception to the definition of mandatory reporter for mental
health/social service practitioners serving as part of an attorney's team rendering
legal services to a client.
Present law defines "mandatory reporter" to include a mental health/social service
practitioner who provides mental health care or social service diagnosis, assessment,
counseling, or treatment, including a psychiatrist, psychologist, marriage or family
counselor, social worker, member of the clergy, aide, or other individual who provides
counseling services to a child or his family.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-972 ORIGINAL
HB NO. 385
Proposed law retains present law and adds behavioral health professional to the definition.
Proposed law further adds an exception to the definition for mental health/social service
practitioners serving as part of the legal team rendering legal services to a client.
(Amends Ch.C. Art. 603(17)(b))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.