The original instrument was prepared by Alden A. Clement Jr. The following digest,
which does not constitute a part of the legislative instrument, was prepared by Linda
Nugent.
DIGEST
SB 326 Reengrossed 2016 Regular Session Claitor
Present law provides that reports of child abuse or neglect, or that such abuse or neglect was a
contributing factor in a child's death, where the abuser is believed to be a parent or caretaker, a
person who maintains an interpersonal dating or engagement relationship with the parent or
caretaker, or a person living in the same residence with the parent or caretaker as a spouse whether
married or not, must be made immediately to the Dept. of Children and Family Services through the
designated state child protection reporting hotline telephone number.
Proposed law retains present law.
Present law provides that reports in which the abuse or neglect is believed to be perpetrated by
someone other than a caretaker, a person who maintains an interpersonal dating or engagement
relationship with the parent or caretaker, or a person living in the same residence with the parent or
caretaker as a spouse whether married or not, and the caretaker is not believed to have any
responsibility for the abuse or neglect, must be made immediately to a local or state law enforcement
agency.
Proposed law retains present law.
Present law provides that dual reporting to both the department through the designated state child
protection reporting hotline telephone number and the local or state law enforcement agency is
permitted.
Proposed law retains present law.
Proposed law is to be known as and may be cited as the Alfred C. Williams Child Protection Act.
Proposed law provides that beginning 5/1/17 and annually each year thereafter, the department must
provide to the legislature the following child-specific information regarding reports of child abuse
or neglect reported to the department pursuant to the provisions of present law:
(1)The actual or estimated age, the sex, and the race of each child at the time the latest report
was received.
(2)The parish location of primary case name of the latest report accepted for investigation
received. (3)The categories, levels and final findings assigned to each allegation contained in reports
received for each child.
(4)The number of cases accepted for investigation in which the child was an alleged or valid
victim during the report year.
(5)The number of cases accepted for investigation in which the child was a valid victim during
the report year.
(6)The number of reports accepted for investigation prior to report year in which the child was
an alleged or valid victim.
(7)The number of other alleged victims in reports accepted for investigation in each child's
cases in prior to report year.
(8)The number of reports accepted for investigation prior to the report year in which the child
was a valid victim.
(9)The number of other validated victims in reports accepted for investigation in each child's
cases prior to report year.
(10)The number of distinct reporter names for all investigations in which the child is an alleged
or valid victim.
Proposed law defines "alleged victim" as a child who is the subject of an investigation and for whom
there is an allegation of abuse or neglect. Defines "valid victim" or "validated victim" as an alleged
victim for whom one or more allegations of abuse or neglect have been determined to be justified
pursuant to Children's Code Art. 615.
Proposed law provides that the information provided in the annual report required by proposed law
shall not include the name, street address, or other identifying information of any child, parent,
sibling, or reporter.
Proposed law provides that if the department fails to submit timely to the legislature the report
required by proposed law, then the legislature or either house thereof through its authorized
representative may petition the 19th Judicial District Court for writs of mandamus to compel the
submission of the report. Proposed law further provides that any failure to obey a writ of mandamus
issued by the court may be punished by the court as contempt thereof.
Present law provides that any person who, pursuant to present law, is required to report the sexual
abuse of a child, or the abuse or neglect of a child that results in the serious bodily injury,
neurological impairment, or death of the child, and the person knowingly and willfully fails to so
report is to be fined not more than $3,000, imprisoned, with or without hard labor, for not more than
three years, or both. Present law defines "serious bodily injury" as injury involving protracted and obvious disfigurement
or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or
substantial risk of death.
Proposed law retains present law and adds injury resulting from starvation or malnutrition to the
definition of "serious bodily injury".
Effective August 1, 2016.
(Amends R.S. 14:403(A)(1)(b); adds Ch.C. Art. 610(H))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill
1. Changes beginning date for annual reports from 2/1/17 to 5/1/17.
2. Changes and adds to the specific information required to be reported to the
legislature.
3. Provides that proposed law is to be known as and may be cited as the Alfred C.
Williams Child Protection Act.
Senate Floor Amendments to engrossed bill
1. Defines "alleged victim" and "valid victim" or "validated victim".