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 325 Engrossed 2021 Regular Session Larvadain
Abstract: Requires the development of guidelines and training for law enforcement agencies on
identifying and ensuring the safety of minor or dependent children upon the arrest of the
child's parent or guardian.
Proposed law requires the Council on Peace Officer Standards and Training to develop guidelines
and provide training for law enforcement agencies on identifying and ensuring the safety of minor
or dependent children upon the arrest of the child's parent or guardian.
Proposed law requires the guidelines and training to include all of the following:
(1)Procedures to ensure that law enforcement officers inquire whether an arrested person has
minor or dependent children who may be present or at another location at the time of the
arrest.
(2)Procedures for the proper arrangement of temporary care for children to ensure their safety
and well-being with a priority on placing children with supportive family members and
trusted adults.
(3)Education on how the effects of witnessing a violent crime or other events causes emotional
harm to children and how law enforcement can assist in mitigating the long-term effects of
the trauma.
(4)Procedures for reporting on number of instances requiring a referral to a partner organization
or transportation of the child to a child advocacy center when the child is unable to be placed
with a family member.
(5)Procedures to ensure law enforcement officers receive annual training as mandatory reporters
of child abuse or neglect.
Proposed law requires the council to work in conjunction with and receive input from appropriate
non-governmental organizations and other relevant organizations that are invested in the rights of
children with incarcerated parents to develop and establish the guidelines and training program.
Proposed law provides that law enforcement officers shall not be prevented, as mandatory reporters,
from reporting suspected child abuse or neglect. Proposed law requires state and local law enforcement officers who arrest a person to, at the time
of the arrest, inquire whether the person is a parent or guardian of a minor or dependent child who
may be at risk as a result of the arrest.
Proposed law further requires officers to make reasonable efforts to ensure the safety of minor or
dependent children at risk as a result of an arrest in accordance with guidelines established pursuant
to proposed law.
(Adds R.S. 40:2405.9 and C.Cr.P. Art. 223)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Remove reference to placing children in a government agency.
2. Add a guideline to ensure law enforcement officers receive annual training as mandatory
reporters of child abuse or neglect.
3. Add a provision to maintain the responsibility of law enforcement officers as mandatory
reporters of child abuse or neglect.
4. Remove the department as a possible recipient of a preferred alternate caregiver's contact
information.