2016 Regular Session ENROLLED
SENATE BILL NO. 326
BY SENATORS CLAITOR, BARROW AND COLOMB AND REPRESENTATIVES
AMEDEE, BACALA, BAGLEY, BAGNERIS, BARRAS,
BERTHELOT, BILLIOT, BOUIE, BROADWATER, CHAD BROWN,
CARMODY, CARPENTER, ROBBY CARTER, STEVE CARTER,
CHANEY, COX, CROMER, EMERSON, FOIL, FRANKLIN, GAINES,
GISCLAIR, GLOVER, HAZEL, HOFFMANN, HORTON, HOWARD,
IVEY, JAMES, JEFFERSON, JENKINS, MIKE JOHNSON, ROBERT
JOHNSON, TERRY LANDRY, LEBAS, LEGER, LYONS, MIGUEZ,
DUSTIN MILLER, GREGORY MILLER, JAY MORRIS, NORTON,
PEARSON, PIERRE, POPE, PRICE, PYLANT, REYNOLDS,
RICHARD, SCHEXNAYDER, SHADOIN, STOKES, THIBAUT,
WILLMOTT AND ZERINGUE
1 AN ACT
2 To amend and reenact R.S. 14:403(A)(1)(b) and to enact Children's Code Article 610(H),
3 relative to the reporting of child abuse and neglect; to add starvation and malnutrition
4 to the definition of "serious bodily injury"; to require an annual report to the
5 legislature; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Children's Code Article 610(H) is hereby enacted to read as follows:
8 Art. 610. Reporting procedure; report to the legislature
9 * * *
10 H.(1) The provisions of this Paragraph shall be known and may be cited
11 as The Alfred C. Williams Child Protection Act.
12 (2) Beginning May 1, 2017, and annually thereafter, the department shall
13 provide to the legislature the following child-specific information regarding
14 reports of child abuse or neglect reported to the department pursuant to the
15 provisions of this Article:
16 (a) The actual or estimated age, the sex, and the race of each child at the
17 time the latest report was received.
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1 (b) The parish location of primary case name of the latest report
2 accepted for investigation received.
3 (c) The categories, levels, and final findings assigned to each allegation
4 contained in reports received for each child.
5 (d) The number of cases accepted for investigation in which the child was
6 an alleged or valid victim during the report year.
7 (e) The number of cases accepted for investigation in which the child was
8 a valid victim during the report year.
9 (f) The number of reports accepted for investigation prior to report year
10 in which the child was an alleged or valid victim.
11 (g) The number of other alleged victims in reports accepted for
12 investigation in each child's cases prior to report year.
13 (h) The number of reports accepted for investigation prior to the report
14 year in which the child was a valid victim.
15 (i) The number of other validated victims in reports accepted for
16 investigation in each child's cases prior to report year.
17 (j) The number of distinct reporter names for all investigations in which
18 the child is an alleged or valid victim.
19 (3) For purposes of this Paragraph, the following words shall have the
20 following meanings:
21 (a) "Alleged victim" includes a child who is the subject of an
22 investigation and for whom there is an allegation of abuse or neglect.
23 (b) "Valid victim" or "validated victim" includes an alleged victim for
24 whom one or more allegations of abuse or neglect have been determined to be
25 justified pursuant to Children's Code Article 615.
26 (4) The information provided in the annual report required by
27 Subparagraph (2) of this Paragraph shall not include the name, street address,
28 or other identifying information of any child, parent, sibling, or reporter.
29 (5) If the department fails to submit timely the report required by
30 Subparagraph (2) of this Paragraph, then the legislature or either house thereof,
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1 through its authorized representative, may petition the Nineteenth Judicial
2 District Court for writs of mandamus to compel the submission of the report.
3 Any failure to obey a writ of mandamus issued by the court may be punishable
4 by the court as contempt thereof.
5 Section 2. R.S. 14:403(A)(1)(b) is hereby amended and reenacted to read as follows:
6 ยง403. Abuse of children; reports; waiver of privilege
7 A.(1)(a) * * *
8 (b)(i) Any person who, pursuant to Children's Code Article 609(A), is
9 required to report the sexual abuse of a child, or the abuse or neglect of a child which
10 that results in the serious bodily injury, neurological impairment, or death of the
11 child, and the person knowingly and willfully fails to so report, shall be fined not
12 more than three thousand dollars, imprisoned, with or without hard labor, for not
13 more than three years, or both.
14 (ii) For purposes of this Subparagraph, "serious bodily injury" means
15 includes but is not limited to injury involving protracted and obvious disfigurement
16 or protracted loss or impairment of the function of a bodily member, organ, or
17 mental faculty, or substantial risk of death, or injury resulting from starvation or
18 malnutrition.
19 * * *
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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words in boldface type and underscored are additions.