The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Carla S. Roberts.
DIGEST
SB 238 Original 2019 Regular Session Mizell
Present law (Children's Code 610) provides that, notwithstanding any claim of privileged
communication, any mandatory reporter who has cause to believe that a child's physical or mental
health or welfare is endangered as a result of abuse or neglect or that abuse or neglect was a
contributing factor in a child's death shall report the matter to the Dept. of Children and Family
Services or law enforcement.
Present law (Children's Code 603) provides that the mandatory reporters of child abuse and neglect
are the following individuals: healthcare practitioners, mental health/social service practitioners,
members of the clergy including any priest, rabbi, duly ordained clerical deacon or minister,
Christian Science practitioner, teachers or child care providers including teacher's aides, instructional
aides, school principal, school staff members, bus drivers, coaches, professors, vocational
instructors, technical or vocational school staff members, or college or university administrators and
staff members, social workers, probation officers, foster home parents, group home or other child
care institutional staff members, personnel of residential home facilities, licensed or unlicensed day
care providers, or any individual who provides such services to a child in a voluntary or professional
capacity, police officers, commercial film and photographic print processors, court authorized
mediators, CASA volunteers, youth activity workers or day camp, summer camp, youth center, or
youth recreation program staffers, and school coaches.
Present law (Children's Code 603) defines "health practitioner" to include hospital staff member.
Proposed law retains present law and adds "abortion facility staff member" to the list of healthcare
staff members who are mandatory reporters of child abuse or neglect.
Present law (Children's Code 603 and 610) provides that the Dept. of Children and Family Services
may conduct an investigation if the alleged perpetrator is a caretaker. Present law (Children's Code
603) defines "caretaker" as any person legally obligated to provide or secure adequate care for a
child, including a parent, tutor, guardian, legal custodian, foster home parent, an employee of a
public or private day care center, an operator or employee of a registered family child day care home,
or other person providing a residence for the child. Present law (Children's Code 610) provides that
"caretaker" does not include dating partners, spouse of the parent, or anyone not living at the
residence of the child and, therefore the Dept. of Children and Family Services does not have
jurisdiction to open an investigation into a child in need of care case where the alleged perpetrator
is not a caretaker.
Proposed law retains present law and requires abortion facility professionals and abortion facility
staff members to report crimes of human trafficking, trafficking of children for sexual purposes,
rape, incest, or coerced abortion to law enforcement, whether the victim is a minor child or an adult. Proposed law defines "abortion facility professional" is an individual who is a physician, surgeon,
resident, intern, licensed nurse, nursing aide, emergency medical technician, or a paramedic who
diagnoses, examines, or treats a female patient at an outpatient abortion facility. Proposed law
defines "abortion facility staff member" is an individual who is a person who is not an abortion
facility professional but who is employed by or contracts with an outpatient abortion facility to
provide services and who has any contact with patients at the facility.
Proposed law provides that the Dept. of Health shall promulgate a form which may be used by a
mandatory reporter to law enforcement to report a crime of human trafficking, trafficking of children
for sexual purposes, rape, incest, or coerced abortion to the sheriff's department in the parish or to
the local police department where the outpatient abortion facility is located.
Proposed law provides that every mandatory reporter to law enforcement shall certify to the Dept.
of Health that they have participated in training on human trafficking awareness and prevention on
an annual basis. Proposed law provides that the Dept. of Health shall promulgate rules to provide
for compliance with the training requirement in proposed law utilizing the online educational videos
on human trafficking awareness and prevention provided by the U.S. Dept. of Health and Human
Services, Administration for Children and Families, Office on Trafficking in Persons.
Present law requires information regarding the National Human Trafficking Resource Center Hotline
to be posted in certain establishments.
Present law requires the notice to meet certain size, font, and language requirements to be set by the
commissioner of the Alcohol Tobacco Control (ATC) and the applicable phone number to be
included in the notice.
Proposed law retains present law and requires that the notice also include the ability to text "Be Free"
to 233733 in order to access help and services.
Proposed law provides that, in addition to the posting required in present law, beginning on Jan. 1,
2020, each establishment required to post information shall affix a flyer to the inside of the door to
each bathroom stall at the establishment. Proposed law provides that the flyer will be designed by
the Greater New Orleans Human Trafficking Task Force, with the approval of the ATC
commissioner, and shall be no larger than 8 ½ by 11. Proposed law provides that no later than Dec.
1, 2019, the Greater New Orleans Human Trafficking Task Force shall transfer the flyer in an
electronic format to the ATC commissioner for posting on the ATC's website.
Effective August 1, 2019.
(Amends Ch. C. Art. 603(17)(a), RS. 15:541.1(A)(3), (B)(1)(a) and (D) and R.S. 40:2175.3; adds
R.S. 15:541(E) and R.S. 40:2175.7)