HLS 15RS-972 REENGROSSED
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 establish an exception for certain mental health/social service practitioners; and
4 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 member of the clergy, aide, or other individual who provides counseling services to
17 a child or his family. Notwithstanding any other provision of law to the contrary,
18 when representing a child, as defined in this Code, in a case arising out of this Code,
19 a mental health/social service practitioner shall not be considered a mandatory
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1 reporter under the following limited circumstances: (i) when the practitioner is
2 engaged by an attorney to assist in the rendition of professional legal services to that
3 child, (ii) when the information that would serve as the basis for reporting arises in
4 furtherance of facilitating the rendition of those professional legal services to that
5 child, and (iii) when the information that would serve as the basis for reporting is
6 documented by the mental health/social service practitioner. The documentation
7 shall be retained by the mental health/social service practitioner until one year after
8 the child has reached the age of majority.
9 * * *
10 Comments - 2015
11 (a) As in other areas of legal practice, representation involving children and
12 families is increasingly reliant upon the use of interdisciplinary assistance from
13 mental health and social service practitioners as an essential element of providing
14 effective assistance of counsel. The United States Supreme Court has long
15 recognized that a defendant's constitutional right to prepare a defense may
16 necessitate various types of assistance from mental health experts. See Ake v.
17 Oklahoma, 470 U.S. 68 (1985). Additionally, state standards for the representation
18 of parents in child in need of care and termination of parental rights proceedings
19 provide that attorneys should use a "multidisciplinary approach to representation
20 when available" and "engage or involve a social worker as part of the parent's 'team'
21 to help determine an appropriate case plan, evaluate social services suggested for the
22 client, and act as a liaison and advocate for the client with the service providers".
23 Louisiana Administrative Code, Title 22, Part XV, Chapter 11, Section 1123(B).
24 (b) Absent the additional protections provided by this revision, attorneys
25 may be forced to choose between forgoing practitioner services necessary for
26 effective representation or risking the mandatory reporting of confidential and
27 privileged information by their representatives in a manner that is antithetical to the
28 client's goals of representation. This revision carves out a narrow exception to the
29 definition of a mandatory reporter by excluding mental health and social service
30 practitioners only under the limited circumstances when the practitioner is acting as
31 the representative of an attorney by providing services in furtherance of individual
32 legal representation and, in the course of providing that assistance, becomes aware
33 of information that would otherwise require mandatory reporting.
34 (c) The revised language draws from Code of Evidence Article 506 to
35 reconcile any potential conflict between mandatory reporting requirements and rules
36 of lawyer-client privilege and confidentiality applicable to attorney representatives.
37 (d) Nothing in this article shall be construed as to limit or abrogate any
38 individual's obligation to report pursuant to any other law or profession's ethical
39 standards.
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HB NO. 385
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 Reengrossed 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.
Proposed law retains present law but adds an exception to the definition for mental
health/social service practitioners serving as part of the legal team rendering legal services
to a child in an action arising out of the La. Children's Code, if the practitioner meets all of
the following criteria:
(1)The practitioner is engaged by an attorney to assist in the rendition of professional
legal services to that child.
(2)The practitioner obtained the information that would serve as the basis for reporting
while facilitating the rendition of those professional legal services to that child.
(3)The mental health/social service practitioner documented the information that would
serve as the basis for reporting.
Proposed law requires mental health/social service practitioners who are not considered
mandatory reporters under proposed law to retain the documentation of alleged abuse until
one year after the child has reached the age of majority.
Proposed law shall not be construed as to limit or abrogate any individual's obligation to
report pursuant to any other law or profession's ethical standards.
(Amends Ch.C. Art. 603(17)(b))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Remove the proposed addition of behavioral health professional to the definition
of mental health/social service practitioner.
2. Make technical changes.
The House Floor Amendments to the engrossed bill:
1. Narrow the exception to instances where the client is a child in an action arising
out of the La. Children's Code.
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2. Require the mental health/social service practitioner to document the alleged
abuse and retain the documentation until one year after the child has reached the
age of majority.
3. Add a provision to the La. State Law Institute comments to clarify the intended
effect of proposed law.
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