HLS 18RS-801 REENGROSSED
2018 Regular Session
HOUSE BILL NO. 371
BY REPRESENTATIVE CHANEY
CHILDREN/ABUSE: Provides relative to reporting of child abuse and neglect
1 AN ACT
2To amend and reenact Children's Code Article 610(A) and (D), relative to reports of child
3 abuse and neglect; to provide for the reporting procedure for permitted and
4 mandatory reporters; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. Children's Code Article 610(A) and (D) are hereby amended and
7reenacted to read as follows:
8 Art. 610. Reporting procedure; report to the legislature
9 A.(1) Reports of child abuse or neglect or that such was a contributing factor
10 in a child's death, where the abuser is believed to be a parent or caretaker, a person
11 who maintains an interpersonal dating or engagement relationship with the parent or
12 caretaker, or a person living in the same residence with the parent or caretaker as a
13 spouse whether married or not, shall be made immediately to the department. A
14 permitted reporter shall make a report through the designated state child protection
15 reporting hotline telephone number or in person at any child welfare office. A
16 mandatory reporter shall make a report through the designated state child protection
17 reporting hotline telephone number, via the Louisiana Department of Children and
18 Family Services Mandated Reporter Portal online, or in person at any child welfare
19 office. Reports in which the abuse or neglect is believed to be perpetrated by
20 someone other than a caretaker, a person who maintains an interpersonal dating or
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 371
1 engagement relationship with the parent or caretaker, or a person living in the same
2 residence with the parent or caretaker as a spouse whether married or not, and the
3 caretaker is not believed to have any responsibility for the abuse or neglect shall be
4 made immediately to a local or state law enforcement agency. Dual reporting to both
5 the department through the designated state child protection reporting hotline
6 telephone number and the local or state law enforcement agency is permitted.
7 (2) A report made to the department by facsimile does not relieve the
8 reporter of his duty to report in accordance with the applicable requirements of this
9 Article.
10 * * *
11 D. If the initial report was in oral form by a mandatory reporter, it shall be
12 followed by a written report made within five days to the local child protection unit
13 of the department via the online Mandated Reporter Portal of the department or by
14 mail to the centralized intake unit of the department at the address provided on the
15 website of the department; or, if necessary, to the local law enforcement agency.
16 The reporter may use a form for the written report, which shall be developed,
17 approved, and made available by the Department of Children and Family Services.
18 The form is optional and may be available electronically on the department's website.
19 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 371 Reengrossed 2018 Regular Session Chaney
Abstract: Provides for additional means by which permitted and mandatory reporters may
report suspected cases of child abuse and neglect to the Dept. of Children and Family
Services.
Present law provides that permitted reporters of suspected child abuse or neglect shall report
such cases by phone through the Dept. of Children and Family Services (DCFS) designated
child protection reporting hotline. Proposed law adds reporting in person at any DCFS child
welfare office as a means for permitted reporters to report suspected cases of child abuse or
neglect.
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Proposed law provides that mandatory reporters of suspected child abuse or neglect shall
report such cases through the DCFS designated child protection reporting hotline, via the
DCFS Mandated Reporter Portal online, or in person at any child welfare office.
Proposed law stipulates that making a report of suspected child abuse or neglect to DCFS
by facsimile does not relieve the reporter of his duty to report in accordance with present law
and proposed law.
Present law provides that if a mandatory reporter's initial report of suspected child abuse or
neglect was in oral form, then it shall be followed by a written report made within five days
to the local child protection unit of DCFS. Proposed law revises present law to provide that
if a mandatory reporter's initial report was in oral form, then it shall be followed by a written
report made within five days via the online DCFS Mandated Reporter Portal or by mail to
the DCFS centralized intake unit.
(Amends Ch. C. Art. 610(A) and (D))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Delete proposed law authorizing mandatory reporters and permitted reporters of
suspected cases of child abuse or neglect to report such cases by phone to any
state child welfare office of the Dept. of Children and Family Services (DCFS).
2. Revise present law to delete a requirement that a mandatory reporter who reports
in oral form initially shall submit a written report within five days to the local
child protection unit of DCFS, and to require instead that the mandatory reporter
submit the written report via the DCFS Mandated Reporter Portal or by mail to
the DCFS centralized intake unit.
3. Make technical changes.
The House Floor Amendments to the engrossed bill:
1. Specify that the DCFS Mandated Reporter Portal is online.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.