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 787 Original 2024 Regular Session Egan
Abstract: Provides for the applicability of evidence in child custody cases.
Proposed law provides that C.E. Art. 1101(A) governs the admissibility of all evidence in child
custody cases when the court is adjudicating allegations of a parent not acting in the best interest of
the child.
Proposed law provides that the Children's Code shall govern cases in courts exercising juvenile
jurisdiction pursuant to Ch.C. Arts. 302 through 313.
Proposed law provides that a minor child's testimony shall be governed by the provisions of the Code
of Evidence when the minor child has been subject to conduct detrimental to the child.
Proposed law (R.S. 9:330(C)) establishes evidentiary standards for mental health evaluations in
child custody cases.
Proposed law provides that the absence of an arrest or criminal prosecution or any child protection
agency determinations made under Ch.C. Art. 615 shall not be admissible as evidence that any
alleged parental misconduct occurred.
Proposed law provides that in courts not exercising juvenile jurisdiction, a DCFS employee shall not
be subpoenaed or compelled to testify in any child custody case concerning the involvement of the
employee in any investigation.
Proposed law provides that if the provisions of Ch.C. Art. 327 are satisfied, a video recording made
pursuant to Ch.C. Art. 326 shall be admissible in any child custody proceeding.
Proposed law provides that a statement for the purpose of medical treatment shall not be excluded
by the court because the health care professional failed to investigate the accuracy of the child's
statements.
(Adds R.S. 9:330)