RÉSUMÉ DIGEST
ACT 280 (SB 238) 2019 Regular Session Mizell
Prior law (Children's Code 610) provided 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 (DCFS) or law enforcement.
Prior law (Children's Code 603) provided 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.
Prior law (Children's Code 603) defined "health practitioner" to include hospital staff
member.
New law retains prior law and adds "abortion facility staff member" to the list of healthcare
staff members who are mandatory reporters of child abuse or neglect.
Prior law (Children's Code 603 and 610) provided that the DCFS may conduct an
investigation if the alleged perpetrator is a caretaker. Prior law (Children's Code 603) defined
"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. Prior law (Children's Code
610) provided that "caretaker" does not include dating partners, spouse of the parent, or
anyone not living at the residence of the child and, therefore the DCFS does not have
jurisdiction to open an investigation into a child in need of care case where the alleged
perpetrator is not a caretaker.
New law retains prior 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. Requires that the report be made immediately not later than the end of the
business day. New law defines "abortion facility professional" or "outpatient abortion facility
professional" as 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. New law defines "abortion facility
staff member" or "outpatient abortion facility staff member" as an individual 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.
New law provides that the La. Dept. of Health (LDH) 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.
New law provides that beginning Aug. 1, 2019, every mandatory reporter to law enforcement
shall certify to the LDH that they have participated in training on human trafficking
awareness and prevention on an annual basis. Requires the LDH to maintain the name of
each mandatory reporter to law enforcement as confidential, and the information shall not
be subject to disclosure pursuant to the Public Records Law. New law requires that the LDH promulgate rules to provide for compliance with the training
requirement in new 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.
Prior law required information regarding the National Human Trafficking Resource Center
Hotline to be posted in certain establishments.
Prior law required 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.
New law retains prior law and requires that the notice also include the ability to text "Help"
to 233733 (Be Free) in order to access help and services.
New law provides that, in addition to the posting required in prior 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. New law provides that the flyer will be
designed by the Greater New Orleans Human Trafficking Task Force (task force), with the
approval of the ATC commissioner, and shall be no larger than 8 ½ by 11. New law provides
that no later than Dec. 1, 2019, the 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,
R.S. 44:4.1(B)(26); adds R.S. 15:541(E) and R.S. 40:2175.7)