Louisiana 2015 2015 Regular Session

Louisiana House Bill HB385 Comm Sub / Analysis

                    RÉSUMÉ DIGEST
ACT 217 (HB 385) 2015 Regular Session Nancy Landry
Existing 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.
New law 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 was 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.
New law requires mental health/social service practitioners who are not considered
mandatory reporters under new law to retain the documentation of alleged abuse until one
year after the child has reached the age of majority.
New 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.
Effective August 1, 2015.
(Amends Ch.C. Art. 603(17)(b))