HLS 19RS-1679 ORIGINAL
2019 Regular Session
HOUSE STUDY REQUEST NO. 2
BY REPRESENTATIVE DUPLESSIS
CHILDREN/PARENTAL RIGHTS: Provides relative to a bill of rights of children of
incarcerated parents
1 A STUDY REQUEST
2To the House Committee on Administration of Criminal Justice, or a subcommittee thereof,
3 to study the protections, rights, and services afforded to a child in Louisiana who has
4 an incarcerated parent for the purpose of determining the feasibility of the Louisiana
5 Legislature adopting a "bill of rights" for children of incarcerated parents.
6 WHEREAS, Louisiana has taken steps to implement cost-effective, evidence-based
7practices and programs that have worked to control the growth in the state's prison
8population; and
9 WHEREAS, although Louisiana has recognized success in this endeavor, it is
10estimated that approximately 94,000 children in Louisiana have an incarcerated parent; and
11 WHEREAS, studies indicate that maintaining family bonds during incarceration
12reduces recidivism for parents and improves outcomes for children; and
13 WHEREAS, in recognition of the specific needs of children of incarcerated parents
14and in hopes of achieving the improved outcomes for such children, a number of states have
15adopted a "bill of rights" for children of incarcerated parents which include the following:
16 (1) At the time of the arrest of the child's parent:
17 (a) Children have the right to be protected from additional trauma and to be
18informed of the arrest in an age-appropriate manner.
19 (b) Children have the right to work with individuals that have been trained to ensure
20child safety upon the arrest of a parent or guardian.
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HSR NO. 2
1 (c) Children have the right to work with state or local law enforcement officers who
2inquire whether the person is a parent or guardian of minor or dependent children who may
3be at risk as a result of the arrest.
4 (d) Children have the right to make major decisions that affect their life, in
5accordance with the law, the child's age, and ability.
6 (e) If children are present at the arrest, the child has the right to participate in an
7age-appropriate conversation regarding their placement.
8 (f) The child has the right to an attorney, if requested, and the ability to speak
9privately with the attorney.
10 (2) During the incarceration of the child's parent:
11 (a) Children have the right to be cared for in the absence of the child's parent in a
12way that prioritizes the child's physical, mental, and emotional needs.
13 (b) Children have the right to maintain a relationship with the incarcerated parent
14which includes the right to speak with, see, and touch the incarcerated parent.
15 (c) The child has the right to be considered when determining the placement of an
16incarcerated parent.
17 (d) Children have the right to speak with their incarcerated parent through phone
18calls and video conferencing despite an incarcerated parent's ability to pay.
19 (e) Children have the right to be provided information about local services and
20programs that support the child during and after the parent's incarceration.
21 THEREFORE, the House of Representatives of the Legislature of Louisiana requests
22the House Committee on Administration of Criminal Justice, or a subcommittee thereof, to
23study the protections, rights, and services afforded to a child in Louisiana who has an
24incarcerated parent for the purpose of determining the feasibility of adopting a "bill of
25rights" for children of incarcerated parents.
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HSR NO. 2
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)]
HSR 2 Original 2019 Regular Session Duplessis
Requests the House Committee on Administration of Criminal Justice, or a subcommittee
thereof, to study the protections, rights, and services afforded to a child in La. who has an
incarcerated parent for the purpose of determining the feasibility of adopting a "bill of
rights" for children of incarcerated parents.
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