RÉSUMÉ DIGEST
ACT 232 (HB 848) 2022 Regular Session Bryant
Existing 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.
Existing law provides exceptions to existing 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.
New law maintains existing 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.
New law provides that the requesting agency shall request the information in writing and
state the purpose for which the information is being requested.
New law further provides that files, records, and information released pursuant to new law
shall be confidential and shall not be redisclosed except as expressly authorized by existing
law provisions regarding disclosure of confidential records and shall not be subject to
disclosure pursuant to existing law provisions regarding public records.
New law provides that except as provided in the existing law provision regarding the reporter
knowingly making a false report, the name of the reporter shall not be disclosed.
Effective August 1, 2022.
(Amends Ch.C. Art. 615(E)(intro. para.); Adds Ch.C. Art. 615(E)(4) and (G))