HLS 18RS-731 REENGROSSED
2018 Regular Session
HOUSE BILL NO. 466
BY REPRESENTATIVE GISCLAIR
CHILDRENS CODE: Provides relative to court-appointed special advocates
1 AN ACT
2To amend and reenact Children's Code Articles 424.2, 424.4(B), and 616(C) and (D),
3 relative to court appointed special advocates; to provide authority to access the
4 child's home; to provide relative to the attendance of certain hearings and meetings;
5 to provide for screenings of CASA volunteers, staff members, and board of director
6 members; to provide for contingent effective dates; and to provide for related
7 matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. Children's Code Articles 424.2 and 424.4(B) are hereby amended and
10reenacted to read as follows:
11 Art. 424.2. CASA; order of assignment
12 To accomplish the assignment of a CASA volunteer, the court shall issue an
13 order of assignment which shall grant the CASA volunteer the authority to review
14 all relevant documents pursuant to Article 424.6 and to interview all parties and
15 witnesses involved in the proceeding in which he is appointed. The order may grant
16 the CASA volunteer the authority to access the home in which a child is placed,
17 unless prohibited by the court.
18 * * *
19 Art. 424.4. CASA; notice
20 * * *
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HB NO. 466
1 B. The CASA volunteer shall be notified by the department and shall be
2 entitled to attend all of all administrative review hearings and family team meetings
3 concerning the case to which he has been assigned.,unless the parent objects.
4 Section 2. Children's Code Article 616(C) is hereby amended and reenacted to read
5as follows:
6 Art. 616. Central registry; screening court-appointed special advocates volunteers,
7 staff, and board members; confidentiality
8 * * *
9 C. Upon the written request of the court during its evaluation of an
10 individual applying to work as a court-appointed special advocate any of the
11 following individuals who will have contact with children served by the court-
12 appointed special advocate program, and with the consent of the applicant individual,
13 the department shall search the central registry and report to the court any justified
14 report of abuse or neglect alleging that the applicant individual is a perpetrator.:
15 (1) An individual applying to work as a court-appointed special advocate.
16 (2) A CASA staff member.
17 (3) A member of the CASA board of directors.
18 * * *
19 Section 3. Children's Code Article 616(C) and (D) are hereby amended and
20reenacted as follows:
21 Art. 616. State repository; central registry; screening court-appointed special
22 advocates volunteers, staff, and board members; confidentiality
23 * * *
24 C. Except as provided in this Article or R.S. 46:56, all records of reports of
25 child abuse or neglect are confidential. The department shall promulgate rules
26 regarding the maintenance, deletion, and release of information in the state
27 repository and central registry.
28 D. Upon the written request of the court during its evaluation of an
29 individual applying to work as a court-appointed special advocate any of the
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HB NO. 466
1 following individuals who will have contact with children served by the court-
2 appointed special advocate program, and with the consent of the applicant individual,
3 the department shall search the central registry and report to the court any justified
4 report of abuse or neglect alleging that the applicant individual is a perpetrator.:
5 (1) An individual applying to work as a court-appointed special advocate.
6 (2) A CASA staff member.
7 (3) A member of the CASA board of directors.
8 * * *
9 Section 4. The provisions of Section 3 of this Act shall become effective upon
10promulgation and publication by the Department of Children and Family Services of the
11final rules to implement the provisions of this Act and Act No. 348 of the 2017 Regular
12Session of the Legislature.
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 466 Reengrossed 2018 Regular Session Gisclair
Abstract: Grants authority to court appointed special advocate program (CASA) volunteers
to access a child's home and to attend all administrative review hearings and family
team meetings related to the case, and provides for the screening of CASA staff
members or members of the board of directors.
Present law (Ch.C. Art. 424.2) allows CASA to review relevant documents and to interview
parties and witnesses involved in the proceeding.
Proposed law retains present law and grants authority to CASA volunteers to access the
child's home to evaluate the home for safety concerns, unless prohibited by the court.
Present law (Ch.C. Art. 424.4) requires CASA volunteers to be notified of all administrative
review hearings related to the case.
Proposed law retains present law and requires that CASA volunteers be allowed to attend
all family team meetings as well as administrative review hearings related to the case, unless
the parent objects.
Present law (Ch.C. Art. 616) allows a court to screen individuals applying to work as a court
appointed special advocate for any justified reports of abuse or neglect.
Proposed law retains present law and adds CASA program staff members and board of
director members to those individuals who may be screened by a court for any justifiable
reports of abuse or neglect, if any such individuals have contact with children served by
CASA.
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HB NO. 466
(Amends Ch.C. Arts. 424.2, 424.4(B), 616(C) and (D))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Allow the court to prohibit a CASA volunteer from accessing the home in which
the child was placed.
2. Allow the parent to object to the CASA volunteer attending administrative
review hearings and family team meetings.
3. Add a condition that the individual have contact with children in order for the
court to search the central registry for CASA volunteers, staff members, and
board members.
4. Make changes to present law as it currently reads and as it will read once a
delayed effective date is triggered.
The House Floor Amendments to the engrossed bill:
1. Make technical changes by removing conflicting provisions relating to present
law as it currently reads and as it will read once a delayed effective date is
triggered.
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