HLS 22RS-1457 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 885
BY REPRESENTATIVE MIKE JOHNSON
CHILDREN/ABUSE: Provides for the use of prehearing videotape as evidence in
administrative appeals of justified reports of child abuse or neglect
1 AN ACT
2To enact Children's Code Article 616.1.1(C), relative to the appeal and review of
3 determinations of justified reports of child abuse or neglect; to provide for
4 administrative appeals; to provide for the protected person's testimony; to provide
5 for the admissibility of prehearing videotape; to provide for the duties of the
6 Department of Children and Family Services; to provide for subpoenas; to provide
7 for an effective date; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. Children's Code Article 616.1.1(C) is hereby enacted to read as follows:
10 Art. 616.1.1. Appeal and review; correction of central registry entries; procedure:
11 prehearing videotape
12 * * *
13 C.(1) A prehearing videotape of the protected person shall be admissible in
14 an administrative appeal taken pursuant to this Article if the videotape complies with
15 the provisions of Articles 326 and 327. However, if the protected person is not in the
16 custody of the department, the inability of the department to locate the protected
17 person shall not render the prehearing videotape inadmissible. The department shall
18 attempt to make the protected person available to testify if called to testify by the
19 individual appealing the decision. The division of administrative law judge may,
20 however, consider this in determining the weight of the evidence.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1457 ORIGINAL
HB NO. 885
1 (2) Nothing in this Article shall be construed to preclude a subpoena being
2 issued for the protected person. The protected person's testimony may be taken in
3 any manner authorized by Chapter 8 of Title III of this Code.
4 Section 2. This Act shall become effective upon signature by the governor or, if not
5signed by the governor, upon expiration of the time for bills to become law without signature
6by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
7vetoed by the governor and subsequently approved by the legislature, this Act shall become
8effective on the day following such approval.
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 885 Original 2022 Regular Session Mike Johnson
Abstract: Provides for the admissibility of prehearing videotape of a protected person as
evidence in an administrative appeal of a determination of a justified report of abuse.
Proposed law provides that a prehearing videotape of a protected person in a child in need
of care proceeding shall be admissible in an administrative appeal of a determination of a
justified report of abuse if the videotape complies with present law provisions regarding
admissibility of videotape as evidence.
Present law provides, generally, that videotape evidence is admissible only if the protected
person is able to testify.
Proposed law retains present law but provides that for an administrative appeal of a justified
report of abuse if the protected person is not in the custody of the department, the inability
of the department to locate the protected person shall not render the prehearing videotape
inadmissible.
Proposed law provides that the department shall attempt to make the protected person
available to testify if called to testify by the individual appealing the decision. The division
of administrative law judge may, however, consider this in determining the weight of the
evidence.
Proposed law provides that proposed law shall not preclude a subpoena being issued for the
protected person.
Proposed law provides that the protected person's testimony may be taken in any manner
authorized by present law provisions related to the videotaping of protected persons.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds Ch.C. Art. 616.1.1(C))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.