RÉSUMÉ DIGEST
ACT 302 (SB 326) 2016 Regular Session Claitor
Prior law provided 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 (department) through the designated state child protection reporting hotline
telephone number. New law retains these provisions.
Prior law provided 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. New law retains these provisions.
Prior law provided 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. New law retains these provisions.
New law is to be known as and may be cited as the Alfred C. Williams Child Protection Act
and provides that beginning May 1, 2017 and annually thereafter, the department is to
provide the legislature the following child-specific information regarding reports of child
abuse or neglect reported to the department:
(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.
New 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 under the Children's Code.
Page 1 of 2 New law requires that the annual report not include the name, street address, or other
identifying information of any child, parent, sibling, or reporter.
New law provides that if the department fails to submit the required report to the legislature
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. Provides that failure to obey a writ of mandamus issued by the court may be punished
by the court as contempt of court.
Prior law provided that any person 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 file the required report is
to be fined not more than $3,000, imprisoned, with or without hard labor, for not more than
three years, or both.
Prior law defined "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. New law retains these provisions but 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))
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