RÉSUMÉ DIGEST
ACT 359 (HB 678) 2017 Regular Session Horton
Existing law encompassed by the Children's Code provides relative to referral for mediation
in proceedings 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.).
New law generally retains existing law; repeals a reference to an informal family services
plan in provisions relative to mediation; and modifies definitions for purposes of existing law
and new 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
existing 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 the newborn's physical
appearance or functioning.
Existing law provides requirements relative to medical identification of prenatal neglect and
reporting thereof by physicians.
New law adds to existing law a provision stipulating that if a physician has cause to believe
that a newborn was exposed in utero to an unlawfully used controlled dangerous substance,
then the physician shall order a toxicology test upon the newborn, without the consent of the
infant's newborn's parents or guardian, to determine whether there is evidence of prenatal
neglect. In cases when the test results are positive, new law requires the physician to issue
a report as soon as possible in accordance with existing law relative to reporting of child
abuse and neglect.
New 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 existing law relative to reporting of child abuse and neglect.
New 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, then the physician shall make a notification to the Department of
Children and Family Services (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.
New 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 new law.
New law requires DCFS to promulgate administrative rules in order to implement the
provisions of new 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. New law stipulates that if a physician, acting in good faith and in accordance with new law,
makes a notification to DCFS concerning suspected prenatal substance exposure when the
mother used a controlled dangerous substance during pregnancy in a lawfully prescribed
manner, then the physician shall have no civil or criminal liability for damage or injury
arising from that notification unless the damage or injury was caused by the physician's
willful or wanton misconduct or gross negligence.
New law provides that new law 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 new law, and that new law shall be enforceable on and after that date.
Effective August 1, 2017.
(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.)