HLS 22RS-1137 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 848
BY REPRESENTATIVE BRYANT
CHILDREN: Provides relative to the disposition of reports from the Department of
Children and Family Services
1 AN ACT
2To amend and reenact Children's Code Article 615(E)(introductory paragraph) and to enact
3 Children's Code Article 615(E)(4) and (G), relative to the disposition of reports of
4 child abuse; to provide for the release of inconclusive or not justified reports to
5 certain entities when in the course of investigation or legal proceedings; to provide
6 for confidentiality; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Children's Code Article 615(E)(introductory paragraph) is hereby
9amended and reenacted and Children's Code Article 615(E)(4) and (G) are hereby enacted
10to read as follows:
11 Art. 615. Disposition of reports
12 * * *
13 E. When after the investigation of a report, the determination is made that
14 the report is inconclusive or not justified, as provided in Subparagraphs (B)(4) and
15 (5) of this Article, the files, records, and pertinent information regarding the report
16 and investigation shall be strictly confidential, shall not become part of the central
17 registry except as otherwise provided in Subparagraph (1) of this Paragraph or in
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1 Article 616(F), shall not be disclosed or ordered to be produced in conjunction with
2 any legal proceeding or other matter except as provided in Subparagraph (4) of this
3 Paragraph, and shall be maintained only for the following purposes:
4 * * *
5 (4)(a) All files, records, and information regarding a report that has been
6 determined to be inconclusive or not justified shall be released to local, state, and
7 federal law enforcement agencies, military authorities, prosecuting authorities, and
8 coroners upon request when such entity is in the course of investigations or legal
9 proceedings and the requesting entity has good cause to believe that the files,
10 records, or information contain information which may be constitutionally required
11 to be disclosed pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and its progeny.
12 The requesting agency shall request the information in writing and state the purpose
13 for which the information is being requested.
14 (b) Files, records, and information released pursuant to this Subsection shall
15 be confidential and shall not be further disclosed except as expressly authorized by
16 Article 412. Notwithstanding any other provision of law to the contrary, files,
17 records, and information released pursuant to this Subsection shall not be subject to
18 disclosure pursuant to R.S. 44:1 et seq.
19 * * *
20 G. Except as provided in Subparagraph (B)(6) of this Article, the name of
21 the reporter shall not be disclosed.
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 848 Engrossed 2022 Regular Session Bryant
Abstract: Authorizes the release of inconclusive or not justified reports of child abuse to
certain authorities in the course of investigations or legal proceedings for purposes
of compliance with the U.S. Supreme Court case of Brady v. Maryland.
Present law provides that when the determination is made that a report of child abuse is
inconclusive or not justified, the files, records, and pertinent information regarding the report
and investigation shall be strictly confidential, shall not become part of the central registry,
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HB NO. 848
shall not be disclosed or ordered to be produced in conjunction with any legal proceeding
or other matter, and shall be maintained only for certain purposes.
Present law provides exceptions to present law for purposes of use of such reports by the
Dept. of Children and Family Services (department) for future risk and safety assessments,
for use in litigation against the department, and for use by law enforcement when
investigating crimes against children.
Proposed law maintains present law and further provides that all files, records, and
information regarding an inconclusive or not justified report shall be released to local, state,
and federal law enforcement agencies, military authorities, prosecuting authorities, and
coroners in the course of investigations or legal proceedings upon request when the
requesting agency has good cause to believe that the files, records, or information contain
information which may be constitutionally required to be disclosed pursuant to Brady v.
Maryland, 373 U.S. 83 (1963) and its progeny.
Proposed law provides that the requesting agency shall request the information in writing
and state the purpose for which the information is being requested.
Proposed law further provides that files, records, and information released pursuant to
proposed law shall be confidential and shall not be redisclosed except as expressly
authorized by present law provisions regarding disclosure of confidential records and shall
not be subject to disclosure pursuant to present law provisions regarding public records.
Proposed law provides that except as provided in present law provision regarding the
reporter knowingly making a false report, the name of the reporter shall not be disclosed.
(Amends Ch.C. Art. 615(E)(intro. para.); Adds Ch.C. Art. 615(E)(4) and (G))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Provide that the report can be released when the requesting agency has good
cause to believe, rather than determines, that the information may be required to
be disclosed.
2. Prohibit the disclosure of the name of the reporter, except as provided by present
law.
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