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, 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.