GREEN SHEET REDIGEST
HB 678 2017 Regular Session Horton
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
CHILDREN/NEWBORNS. Provides relative to prenatal neglect and reporting thereof.
DIGEST
Present law encompassed by the Children's Code provides relative to referral for mediation
in any proceeding authorized by the code (Ch. C. Art. 437) and for requirements and
conditions relative to reporting of child abuse and neglect (Ch. C. Art. 601 et seq.).
Proposed law generally retains present law; repeals a reference to an informal family services
plan in provisions relative to mediation; and modifies definitions for purposes of present law
and proposed law relative to child abuse and neglect as follows:
(1)Establishes that the term "newborn" means a child who is not more than 30 days old
as determined within a reasonable degree of medical certainty by an examining
physician.
(2)Revises the definition of "prenatal neglect" to mean exposure to chronic or severe use
of alcohol or the unlawful use of any controlled dangerous substance as defined in
present law, or in a manner not lawfully prescribed, which results in symptoms of
withdrawal in the newborn or the presence of a controlled substance or a metabolic
thereof in the newborn's body, blood, urine, or meconium that is not the result of
medical treatment, or observable and harmful effects in his physical appearance or
functioning.
Present law provides requirements relative to medical identification of prenatal neglect and
reporting thereof by physicians.
Proposed law revises present law to provide that if a physician has cause to believe that a
newborn was exposed in utero to an unlawfully used controlled dangerous substance, the
physician shall order a toxicology test upon the newborn, without the consent of the
newborn's parents or guardian, to determine whether there is evidence of prenatal neglect.
In cases when the test results are positive, proposed law requires the physician to issue a
report as soon as possible in accordance with present law relative to reporting of child abuse
and neglect.
Proposed law requires that if there are symptoms of withdrawal in the newborn or other
observable and harmful effects in his physical appearance or functioning which a physician
has cause to believe are due to the chronic or severe use of alcohol by the mother during
pregnancy, or are the effects of fetal alcohol spectrum disorder, then the physician shall issue
a report in accordance with present law relative to reporting of child abuse and neglect.
Proposed law provides that if a newborn exhibits symptoms of withdrawal or other
observable and harmful effects in his physical appearance or functioning that a physician
believes are due to the use of a controlled dangerous substance in a lawfully prescribed
manner by the mother during pregnancy, the physician shall make a notification to DCFS on
a form developed by the department. Stipulates that such notification shall not constitute a
report of child abuse or prenatal neglect, and shall not require prosecution for any illegal
action.
Proposed law authorizes healthcare providers to share any protected health information, as
defined in federal regulations (45 CFR 160.103), with DCFS for the purpose of complying
with the notification requirement of proposed law.
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Prepared by Christine Arbo Peck. Proposed law requires DCFS to promulgate administrative rules in order to implement the
provisions of proposed law. Provides that such rules shall include, at minimum, all of the
following:
(1)The manner in which the notification shall be made to DCFS.
(2)The form and minimum required contents of the notification.
(3)The plan to monitor the statewide system regarding the availability and delivery of
appropriate services for newborns and affected families and caretakers.
Proposed law provides that its provisions shall not become enforceable until the date of
adoption by DCFS of the administrative rules necessary to fully carry out its requirements
as provided in proposed law; and that its provisions shall be enforceable on and after that
date.
(Amends Ch. C. Arts. 437(A), 603(24), and 610(G); Adds Ch. C. Art. 603(19) and R.S.
40:1086.11; Repeals Act No. 396 of 2007 R.S.)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the engrossed bill
1. Removes provision granting limitation of liability for physicians reporting
data to the Department of Children and Family Services.
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Prepared by Christine Arbo Peck.