SLS 25RS-80 ORIGINAL
2025 Regular Session
SENATE BILL NO. 41
BY SENATOR BARROW
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CHILDREN. Provides relative to child welfare. (8/1/25)
1 AN ACT
2 To amend and reenact R.S. 14:91.3(A), the introductory paragraph of R.S. 15:587.1(C),
3 587.1(C)(1), and 1110.3(H), R.S. 17:8.7(A), the introductory paragraph of 8.7(B),
4 and 8.7(B)(1), 8.9(A)(5), (C), (D)(1), (2), and (3), and (E)(2) and (3), 15(A)(1)(a),
5 (b)(i)(bb) and (cc), and (b)(ii) and (2)(a)(ii) through (v), (D), (E), and (F), 16(A),
6 24.8(A) and (B)(2), 407.33(5), 407.35(A), 407.42(A)(2) and (B)(1)(b), 407.46(A)(1),
7 407.71(A), 443(B)(1), 493(C)(1), and 3996(B)(28), R.S. 40:2008.10(A)(3) and
8 2019(F)(3)(b), R.S. 46:51.2(A)(1)(b), 56(F)(1), (4)(c), (10)(b)(i), and (11), and
9 1414.1(A), Children's Code Art. 603(4)(a), (17)(d), and (18), 603.1(B), 610(A),
10 (E)(1) and (2), and (H), 612(A)(3), 615(B)(2), (3), and (5), the introductory
11 paragraph of 615(E) and 615(E)(1) and (4)(a) and (F), 616(B), the introductory
12 paragraph of 616(D), 616(E) and (H), and 616.1.1(A) and to enact R.S.
13 17:8.9(A)(2)(c) and (3)(c) and (E)(4), 15(A)(1)(b)(i)(dd) and (2)(a)(vi) and (G),
14 407.41, and 3996(B)(82), Children's Code Art. 603(17)(l) through (o) and 610(I) and
15 Civil Code Art. 2315.8, relative to child welfare; to provide for review of the state
16 central registry for school employees; to provide for reporting placement on the state
17 central registry; to provide for public information regarding certain school
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1 employees; to provide for the licensure of early learning centers; to provide for child
2 welfare and safety minimum standards for prekindergarten programs; to provide for
3 child abuse and neglect determinations; to provide for definitions in the Children's
4 Code; to provide for mandatory reporting training; to provide for procedures for
5 reporting child abuse and neglect; to provide for the responsibility of the Department
6 of Children and Family Services to respond to reports; to provide for investigations
7 of child sexual abuse in a school setting; to provide for liability for damages caused
8 by sexual abuse in a school setting; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 14:91.3(A) is hereby amended and reenacted to read as follows:
11 §91.3. Unlawful participation in a child-related business
12 A. No person who has been convicted of, or who has pled guilty or nolo
13 contendere to, an offense listed in R.S. 15:587.1(C) or who has been placed on the
14 Department of Children and Family Services' state central registry shall own,
15 operate, or in any way participate in the governance of any early learning center as
16 defined by R.S. 17:407.33, residential home as defined by R.S. 46:1403, or residence
17 in which child care services are provided by a family child care provider or in-home
18 provider who is registered pursuant to R.S. 17:407.61 et seq.
19 * * *
20 Section 2. The introductory paragraph of R.S. 15:587.1(C), 587.1(C)(1), and
21 1110.3(H) are hereby amended and reenacted to read as follows:
22 §587.1. Provision of information to protect children
23 * * *
24 C. The provisions of R.S. 15:825.3, R.S. 17:8.9, 15, 407.42, and 407.71, R.S.
25 46:51.2 and 1441.13, and Children's Code Article 424.1 shall govern the
26 employment of persons who have been convicted of, or pled guilty or nolo
27 contendere to, any of the following crimes:
28 (1) R.S. 14:30, R.S. 14:30.1, R.S. 14:31, R.S. 14:32.6 through R.S. 14:32.8,
29 R.S. 14:41 through R.S. 14:45, R.S. 14:46.2 through R.S. 14:46.4, R.S. 14:74, R.S.
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1 14:78, R.S. 14:78.1, R.S. 14:79.1, R.S. 14:80 through R.S. 14:86, R.S. 14:89, R.S.
2 14:89.1, R.S. 14:89.2, R.S. 14:92, R.S. 14:93, R.S. 14:93.2.1, R.S. 14:93.3, R.S.
3 14:93.5, crimes of violence as defined in R.S. 14:2(B), sex offenses as defined in
4 R.S. 15:541, R.S. 14:106, R.S. 14:282, R.S. 14:283, R.S. 14:283.1, R.S. 14:284, R.S.
5 14:286, R.S. 40:966(A), R.S. 40:967(A), R.S. 40:968(A), R.S. 40:969(A), and R.S.
6 40:970(A) or convictions for attempt or conspiracy to commit any of those offenses;
7 * * *
8 §1110.3. Licensing; transfer to office of juvenile justice
9 * * *
10 H.(1) Any owner, operator, current or prospective employee, or volunteer of
11 a juvenile detention facility that is requesting licensure or is licensed by the office
12 of juvenile justice is prohibited from being employed by the facility if that
13 individual's name is recorded on the state central registry as a perpetrator for a
14 justified substantiated finding of abuse or neglect of a child.
15 (2) If the individual's name is or was entered on the state central registry, the
16 individual who is the subject of the finding may file a written motion seeking
17 correction to the division of administrative law for an administrative appeal of the
18 justified substantiated determination, in accordance with Children's Code Article
19 616.1.1 and the procedures promulgated by the office.
20 * * *
21 Section 3. R.S. 17:8.7(A), the introductory paragraph of 8.7(B), and 8.7(B)(1),
22 8.9(A)(5), (C), (D)(1), (2), and (3), and (E)(2) and (3), 15(A)(1)(a), (b)(i)(bb) and (cc), and
23 (b)(ii) and (2)(a)(ii) through (v), (D), (E), and (F), 16(A), 24.8(A) and (B)(2), 407.33(5),
24 407.35(A), 407.42(A)(2) and (B)(1)(b), 407.46(A)(1), 407.71(A), 443(B)(1), 493(C)(1), and
25 3996(B)(28) are hereby amended and reenacted and R.S. 17:8.9(A)(2)(c) and (3)(c) and
26 (E)(4), 15(A)(1)(b)(i)(dd) and (2)(a)(vi) and (G), 407.41, and 3996(B)(82) are hereby
27 enacted to read as follows:
28 §8.7. Prohibition against granting an educator credential or teaching authorization
29 to certain persons; appeals
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1 A. The State Board of Elementary and Secondary Education shall not grant
2 an educator credential, a teaching authorization, or a certification of any type to a
3 person who has been convicted of or pled nolo contendere to any crime listed in R.S.
4 15:587.1(C) or who has been placed on the Department of Children and Family
5 Services' state central registry.
6 B. The board may, after a successful appeal, issue an educator credential or
7 other teaching authorization to a person who has been convicted of or has pled nolo
8 contendere to a felony offense, or an offense listed in R.S. 15:587.1(C), who has
9 been found to have submitted fraudulent documentation to the board or the state
10 Department of Education as part of an application for a teaching certificate or other
11 teaching authorization, or who has been found to have facilitated cheating on any
12 state assessment as determined by the board, if all of the following conditions apply:
13 (1) Five years have passed from the date of entry of the person's final
14 conviction, the date of entry of a plea of nolo contendere, or the date of receipt of
15 notification from the board of its determination that the person submitted fraudulent
16 documentation or facilitated cheating on a state assessment.
17 * * *
18 §8.9. Criminal history reviews for certification, teaching permits, or teacher
19 authorizations; state repository
20 A.
21 * * *
22 (2) Except as provided in R.S. 17:8.7(B), the State Board of Elementary and
23 Secondary Education by rule adopted in accordance with the Administrative
24 Procedure Act shall establish requirements and procedures consistent with the
25 provisions of R.S. 15:587.1 under which the state Department of Education shall, for
26 any applicant for or recipient of an educator credential or teaching authorization
27 issued in accordance with state law or board policy, do the following:
28 * * *
29 (c) Request information from the Department of Children and Family
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1 Services concerning whether the person has been placed on the state central
2 registry.
3 (3) The State Board of Elementary and Secondary Education by rule adopted
4 in accordance with the Administrative Procedure Act shall establish requirements
5 and procedures consistent with the provisions of R.S. 15:587.1 under which the
6 board may, for any applicant for or recipient of an educator credential or teaching
7 authorization issued in accordance with state law or board policy, do the following:
8 * * *
9 (c) Request information from the Department of Children and Family
10 Services concerning whether the person has been placed on the state central
11 registry.
12 * * *
13 (5) Neither the board nor the department shall issue an educator credential or
14 teaching authorization to a person who has been convicted of or has pled nolo
15 contendere to a crime listed in R.S. 15:587.1(C) or any felony or has been placed
16 on the Department of Children and Family Services' state central registry.
17 * * *
18 C. Except as provided in R.S. 17:8.7(B), neither the board nor the department
19 shall issue, renew, advance, or otherwise modify an educator credential or teaching
20 authorization for a person who has been convicted of or has pled nolo contendere to
21 a crime listed in R.S. 15:587.1(C) or has been placed on the Department of
22 Children and Family Services' state central registry.
23 D.(1)(a) Upon final conviction of or plea of guilty or nolo contendere to any
24 felony offense or any offense listed in R.S. 15:587.1(C), an administrator, teacher,
25 or other school employee who has an educator credential or teaching authorization
26 issued by the board or the department shall report the fact of the conviction or plea
27 to the department within two business days, exclusive of weekends and holidays, of
28 the conviction or plea.
29 (b) Upon placement on the Department of Children and Family Services'
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1 state central registry, an administrator, teacher, or substitute teacher who has
2 an educator credential or teaching authorization issued by the board or the
3 department shall report the fact of the conviction or plea to the department
4 within two business days, exclusive of weekends and holidays.
5 (2) An administrator, teacher, or school employee who fails to report to the
6 department the conviction or plea or fails to report placement on the Department
7 of Children and Family Services' state central registry shall be fined not more
8 than one thousand dollars or imprisoned for not more than one year, with or without
9 hard labor, or both.
10 (3) The board shall revoke the educator credential or teaching authorization
11 of any person whose criminal history check reveals a conviction of or plea of guilty
12 or nolo contendere to any offense listed in R.S. 15:587.1(C) or any felony offense
13 or placement on the Department of Children and Family Services' state central
14 registry.
15 * * *
16 E. The department shall maintain and make available on its website the
17 identity of any person whose teaching certification or teaching authorization has
18 been denied, suspended, or revoked for any of the following reasons:
19 * * *
20 (2) The person has been placed on the Department of Children and
21 Family Services' state central registry.
22 (2)(3) The person has been found to have submitted fraudulent
23 documentation to the board or the department as part of an application for a
24 Louisiana teaching certificate or other teaching authorization.
25 (3)(4) The person has been found to have facilitated cheating on any state
26 assessment as determined by the board.
27 * * *
28 §15. Criminal history review
29 A.(1)(a) A person who has been convicted of or has pled nolo contendere to
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1 a crime listed in R.S. 15:587.1(C) or who has been placed on the Department of
2 Children and Family Services' state central registry shall not be hired by a city,
3 parish, or other local public school board or a nonpublic school or school system as
4 a bus operator, substitute bus operator, or janitor, or as a temporary, part-time, or
5 permanent school employee of any kind.
6 (b)(i) Except as otherwise provided in this Subparagraph, a city, parish, or
7 other local public school board or a nonpublic school or school system shall not
8 knowingly hire a person as an administrator, teacher, or substitute teacher if the
9 person:
10 * * *
11 (bb) Has been placed on the Department of Children and Family
12 Services' state central registry.
13 (bb)(cc) Has been found to have submitted fraudulent documentation to the
14 State Board of Elementary and Secondary Education or the state Department of
15 Education as part of an application for a Louisiana teaching certificate or other
16 teaching authorization.
17 (cc)(dd) Has been found to have facilitated cheating on any state assessment
18 as determined by the State Board of Elementary and Secondary Education.
19 (ii) A city, parish, or other local public school board or a nonpublic school
20 or school system may hire a person as an administrator, teacher, or substitute teacher
21 who is otherwise prohibited from being hired pursuant to Item (i) Subitem (i)(cc)
22 and (dd) of this Subparagraph if the State Board of Elementary and Secondary
23 Education approves a formal appeal request submitted by the person and issues a
24 teaching certificate or authorization as provided in R.S. 17:8.7(B).
25 * * *
26 (2)(a) A city, parish, or other local public school board shall dismiss:
27 * * *
28 (ii) An administrator, teacher, or substitute teacher who has been placed
29 on the state central registry within the Department of Children and Family
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1 Services.
2 (ii)(iii) An administrator, teacher, or substitute teacher who is found to have
3 submitted fraudulent documentation to the State Board of Elementary and Secondary
4 Education or the state Department of Education as part of an application for a
5 Louisiana teaching certificate or other teaching authorization.
6 (iii)(iv) An administrator, teacher, or substitute teacher who is found to have
7 facilitated cheating on any state assessment as determined by the State Board of
8 Elementary and Secondary Education.
9 (iv)(v) Any other school employee if such the employee is convicted of or
10 pleads nolo contendere to a crime listed in R.S. 15:587.1(C), except R.S. 14:74.
11 (vi) Any other school employee if the employee has been placed on the
12 Department of Children and Family Services' state central registry.
13 * * *
14 D.(1)(a) An administrator, teacher, or other school employee upon his final
15 conviction of or plea of guilty or nolo contendere to any criminal offense, excluding
16 traffic offenses, shall report the fact of his conviction or plea to his employer and to
17 the department within two business days, exclusive of weekends and holidays, of the
18 conviction or plea of guilty or nolo contendere. Upon receiving a report of a final
19 conviction of or plea of guilty or nolo contendere to any criminal offense, excluding
20 traffic offenses, by an employee holding a teaching certificate or teaching
21 authorization issued by the state board, a school or school system shall report the fact
22 of the conviction or plea to the Department of Education within two business days,
23 exclusive of weekends and holidays, of receiving the report of the conviction or plea
24 of guilty or nolo contendere.
25 (b) An administrator, teacher, or other school employee who was placed
26 on the Department of Children and Family Services' state central registry shall
27 report the fact of his placement to his employer and to the department within
28 two business days, exclusive of weekends and holidays. Upon receiving a report
29 of a placement on the registry by an employee holding a teaching certificate or
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1 teaching authorization issued by the state board, a school or school system shall
2 report the fact of placement on the registry to the state Department of
3 Education within two business days, exclusive of weekends and holidays.
4 (2) An administrator, teacher, or substitute teacher who fails to report a
5 conviction or plea of guilty or nolo contendere of any felony offense or fails to
6 report placement on the Department of Children and Family Services' state
7 central registry shall be fined not more than one thousand dollars or imprisoned for
8 not more than one year, with or without hard labor, or both.
9 (3) A school employee other than an administrator, teacher, or substitute
10 teacher who fails to report a conviction or plea of guilty or nolo contendere of any
11 criminal offense listed in R.S. 15:587.1(C)(1) or fails to report placement on the
12 Department of Children and Family Services' state central registry shall be fined
13 not more than five hundred dollars or imprisoned for not more than six months, with
14 or without hard labor, or both.
15 E. The department shall maintain and make available on its website the
16 identity of any school employee who has been convicted of or has pled nolo
17 contendere to a crime listed in R.S. 15:587.1(C) even if adjudication was
18 withheld or a pardon or expungement was granted, or who has been placed on
19 the Department of Children and Family Services' state central registry.
20 E.F.(1) The State Board of Elementary and Secondary Education may assess
21 a civil fine against a school governing authority, equal to the average state yearly
22 compensation for a public school teacher, inclusive of salary and benefits, who
23 knowingly employs a person without requesting the criminal records or verifying
24 placement on the Department of Children and Family Services' state central
25 registry as required by this Section or who knowingly hires a person who has been
26 convicted of or pled nolo contendere to any crime listed in R.S. 15:587.1(C) or who
27 has been placed on the state central registry., and who the State Board of
28 Elementary and Secondary Education has not provided a teaching authorization
29 pursuant to the provisions of R.S. 17:7(10) or who has not completed the formal
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1 appeal process required by the state board and been granted a new teaching
2 certificate or other teaching authorization as provided in R.S. 17:8.7(B).
3 (2) Such The fine shall be levied only after a final judgment is rendered
4 pursuant to an adjudication process conducted in accordance with the provisions of
5 R.S. 49:975 et seq.
6 (3) The state board shall report any such instances of fine assessments to the
7 House Committee on Education and the Senate Committee on Education within
8 thirty days of such assessment. Civil fines collected pursuant to the provisions of this
9 Section shall be deposited immediately into the state treasury. The State Board of
10 Elementary and Secondary Education shall promulgate rules in accordance with the
11 Administrative Procedure Act for implementation of this Subsection.
12 F.G. At the request of his parent or legal guardian, a student shall be removed
13 from the class of any teacher who has a felony conviction and placed in another class
14 if there is another class of a suitable grade or subject available.
15 §16. Reporting of certain arrests; school employees; requirements; failure to report
16 A. Effective January 1, 2012, and thereafter, a school employee shall report
17 his arrest for a violation of R.S. 14:42 through 43.5, 80 through 81.5, any other
18 sexual offense affecting minors, any of the crimes provided in R.S. 15:587.1, or any
19 justified substantiated complaint of child abuse or neglect on file in the central
20 registry pursuant to Article 615 of the Children's Code.
21 * * *
22 §24.8. Prekindergarten programs
23 A.(1) Each city, parish, or other local public school board may develop and
24 offer prekindergarten instruction. The youngest age at which a child may enter
25 prekindergarten provided for by this Subsection shall be four years old by September
26 thirtieth of the year in which the child enrolls in prekindergarten.
27 (2) All public prekindergarten programs shall comply with the child
28 safety and welfare minimum standards provided for in R.S. 17:407.41.
29 B.
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1 * * *
2 (2) The State Board of Elementary and Secondary Education, in consultation
3 with the Nonpublic School Commission, shall adopt rules and regulations to protect
4 the health and safety of three-year-old children who attend prekindergarten at an
5 approved nonpublic elementary school. All nonpublic prekindergarten programs
6 shall be licensed as an early learning center pursuant to Part X-B of Chapter 1
7 of Title 17 of the Louisiana Revised Statutes of 1950.
8 * * *
9 §407.33. Definitions
10 As used in this Part, the following terms have the following meanings unless
11 the context clearly indicates otherwise:
12 * * *
13 (5) "Early learning center" means any child day care center, Early Head Start
14 Center, Head Start Center, or stand-alone nonpublic prekindergarten program not
15 attached to a school.
16 * * *
17 §407.35. Exemptions from licensure requirements
18 A. Public and nonpublic day schools serving children in grades kindergarten
19 and above, including any prekindergarten programs attached thereto to a public day
20 school, as well as camps, and care given without charge, shall be exempt from the
21 provisions of this Part. However, all prekindergarten programs shall comply with
22 the child safety and welfare minimum standards provided for in R.S. 17:407.41.
23 * * *
24 §407.41. Child safety and welfare minimum standards
25 In addition to regulations promulgated by the State Board of Elementary
26 and Secondary Education pursuant to R.S. 17:407.40, all early learning centers
27 and prekindergarten programs shall meet the following minimum standards to
28 ensure the safety and welfare of children:
29 (1) There shall be a minimum of two staff members present at any
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1 facility when more than four children are present.
2 (2) The child to staff ratios shall not exceed the following:
3 (a) Infants and under one year - 5 to 1
4 (b) One year - 7 to 1
5 (c) Two years - 10 to 1
6 (d) Three years - 13 to 1
7 (e) Four years - 15 to 1
8 (f) Five years - 19 to 1
9 (3) The age of the youngest child determines the child to staff ratio when
10 children in a group are of mixed ages.
11 (4) The number of students in any class shall not exceed twenty. The
12 provisions of this Paragraph shall not apply to recess, physical education, arts,
13 and field trips.
14 (5) When the nature of a child with special health care needs or the
15 number of children with special health care needs warrants added care, the
16 center shall add sufficient staff as necessary.
17 (6) Only staff members directly providing care, supervision, or guidance
18 to children shall be counted in the child to staff ratio. The same staff members
19 shall not be used to meet the ratio requirements for two different groups of
20 children at the same time.
21 (7) Sufficient staffing needed to satisfy child to staff ratios shall be
22 present on the premises during rest time and available to assist as needed.
23 Children ages one and older may be grouped together at rest time with one staff
24 member in each room supervising the resting children.
25 (8) Information regarding required child-to-staff ratios and a phone
26 number to file complaints regarding supervision with the Department of
27 Education shall be posted in each classroom in a location that is visible to
28 parents.
29 (9) Children shall be supervised at all times including on the playground,
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1 on field trips, and on nonvehicular excursions.
2 (10) Children shall not be left alone in any room, outdoors, or in vehicles,
3 even momentarily, without staff present. The provisions of this Paragraph shall
4 not apply to restroom use as provided in this Section or when a child is being
5 provided services by therapeutic professionals.
6 (11) A staff person shall be assigned to supervise specific children whose
7 names and whereabouts that staff person shall know and with whom the staff
8 person shall be physically present. Staff shall be able to state how many children
9 are in their care at all times.
10 (12) While supervising a group of children, staff shall devote their time
11 to supervising the children, meeting the needs of the children, and participating
12 with them in their activities.
13 (13) Staff duties that include cooking, housekeeping, or administrative
14 functions shall not interfere with the supervision of children.
15 (14) Children who are developmentally able may be permitted to go to
16 the restroom independently, provided that:
17 (a) A staff member is in proximity to and can see the children to ensure
18 immediate intervention to safeguard a child from harm while in the restroom.
19 (b) Individuals who are not staff members may not enter the restroom
20 area while in use by any child other than their own child.
21 (15) If a prekindergarten program or early learning center is part of a
22 school with children in kindergarten or older, there shall be designated separate
23 restrooms for the children enrolled in the prekindergarten program or early
24 learning center.
25 (16) When children are at the play yard, the supervising staff member
26 must be able to summon another adult staff member without leaving the
27 children unsupervised.
28 §407.42. Review of criminal history information and state central registry of child
29 abuse and neglect
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1 A.
2 * * *
3 (2) No individual whose name is recorded on the state central registry within
4 the Department of Children and Family Services as a perpetrator for a justified
5 substantiated finding of abuse or neglect of a child or in any other state's child
6 abuse and neglect registry or repository shall own or operate a licensed early learning
7 center or shall be hired by a licensed early learning center as an employee or
8 volunteer of any kind, including any therapeutic professionals, extracurricular
9 personnel, and other independent contractors, or shall be hired by the department in
10 a position whose duties include the performance of licensing inspections.
11 B.(1) The State Board of Elementary and Secondary Education shall establish
12 by regulation, requirements and procedures under which the department shall, for
13 any owner, volunteer, applicant, or employee of any kind, including contractors, of
14 an early learning center or an applicant or employee of the department in a position
15 whose duties include the performance of licensing inspections:
16 * * *
17 (b) Request information from the Department of Children and Family
18 Services as to whether the person is listed on the state central registry as a perpetrator
19 for a justified substantiated finding of abuse or neglect of a child.
20 * * *
21 §407.46. Operating in violation of regulations; penalties and fines
22 A.(1) For violations related to supervision, criminal history record checks,
23 the state central registry disclosure form, staff-to-child ratios, motor vehicle checks,
24 or failure to report critical incidents, the department may issue a written warning that
25 includes a corrective action plan, in lieu of revocation, upon any person or entity
26 violating these requirements if such condition or occurrence does not pose an
27 imminent threat to the health, safety, rights, or welfare of a child. Failure to
28 implement a corrective action plan issued pursuant to this Section may result in
29 either the assessment of a civil fine or license revocation or may result in both
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1 actions being taken by the department. Such civil fine shall not exceed two hundred
2 fifty dollars per day for each assessment; however, the aggregate fines assessed for
3 violations determined in any consecutive twelve-month period shall not exceed two
4 thousand dollars. The department shall publish all violations of this Paragraph
5 on its website.
6 * * *
7 §407.71. Grounds for revocation or refusal to renew registration; criminal activities;
8 lack of CPR or first aid training
9 A.(1) No person who has been convicted of or pled nolo contendere to a
10 crime listed in R.S. 15:587.1(C), whose name is recorded on the state registry within
11 the Department of Children and Family Services as a perpetrator for a justified
12 substantiated finding of abuse or neglect of a child, whose name is on any other
13 state's child abuse and neglect registry or repository, whose name is on the Louisiana
14 Sex Offender and Child Predator Registry, whose name is on any other state's sex
15 offender registry, or whose name is on the National Crime Information Center's
16 National Sex Offender Registry may be a registered family child care provider, be
17 employed in the residence or on the property of the residence where the care is
18 provided by the registered family child care provider, or live in the residence where
19 care is provided by the registered family child care provider. The cost of any
20 criminal background check which may be required by the department as proof of
21 compliance with this Subsection shall be the responsibility of the family child care
22 provider.
23 (2) No person who has been convicted of or pled nolo contendere to a crime
24 listed in R.S. 15:587.1(C), whose name is recorded on the state registry within the
25 Department of Children and Family Services as a perpetrator for a justified
26 substantiated finding of abuse or neglect of a child, whose name is on any other
27 state's child abuse and neglect registry or repository, whose name is on the Louisiana
28 Sex Offender and Child Predator Registry, whose name is on any other state's sex
29 offender registry, or whose name is on the National Crime Information Center's
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1 National Sex Offender Registry may be a registered in-home child care provider, be
2 an adult employed in the home or on the property of the home where care is provided
3 by the registered in-home child care provider, or be any adult living in the home
4 where care is provided by the registered in-home child care provider who is not a
5 caregiver. For the purposes of this Paragraph, the term "caregiver" shall mean any
6 person legally obligated to provide or secure care for a child, including a parent,
7 legal custodian, foster home parent, or other person providing a residence for the
8 child. The cost of any criminal background check which may be required by the
9 department as proof of compliance with this Subsection shall be the responsibility
10 of the in-home provider.
11 * * *
12 §443. Discipline of teachers; procedure; right of review
13 * * *
14 B.(1) A teacher with tenure shall not be disciplined except upon written and
15 signed charges by the superintendent or his designee of poor performance, willful
16 neglect of duty, incompetency, dishonesty, immorality, or of being a member of or
17 contributing to any group, organization, movement, or corporation that is by law or
18 injunction prohibited from operating in the state of Louisiana, and then only if
19 furnished with a copy of such written charges and given the opportunity to respond.
20 The teacher shall have ten calendar days from written notice of the charges to
21 respond, in person or in writing. Following review of the teacher's response, the
22 superintendent may take interim disciplinary action, which may include placing the
23 teacher on administrative leave. The teacher shall not be placed on administrative
24 leave without pay unless the teacher has been arrested for a violation of any of the
25 following: R.S. 14:42 through 43.5, 80 through 81.5, any other sexual offense
26 affecting minors, any of the crimes provided in R.S. 15:587.1, or any justified
27 substantiated complaint of child abuse or neglect on file in the central registry
28 pursuant to Children's Code Article 615. Within ten calendar days after written
29 notice of the interim disciplinary action or within ten calendar days after receipt of
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1 the teacher's response if no interim disciplinary action is taken, a teacher may request
2 a hearing before a disciplinary hearing officer. If the teacher fails to timely request
3 a hearing, the disciplinary action becomes final.
4 * * *
5 §493. Removal of bus operators; procedures; right to appeal
6 * * *
7 C.(1) The superintendent shall have ten calendar days to review the school
8 bus operator's response and to provide written notice to the bus operator of the
9 interim disciplinary action, if any. A superintendent may take interim disciplinary
10 action, which may include placing the bus operator on administrative leave. A
11 permanent bus operator shall not be placed on administrative leave without pay
12 unless the bus operator has been arrested for a violation of the following: R.S. 14:42
13 through 43.5, 80 through 81.5, any other sexual offense affecting minors, any of the
14 crimes provided in R.S. 15:587.1, or any justified substantiated complaint of child
15 abuse or neglect on file in the central registry pursuant to Children's Code Article
16 615.
17 * * *
18 §3996. Charter schools; exemptions; requirements
19 * * *
20 B. Notwithstanding any state law, rule, or regulation to the contrary and
21 except as may be otherwise specifically provided for in an approved charter, a
22 charter school established and operated in accordance with the provisions of this
23 Chapter and its approved charter and the school's officers and employees shall be
24 exempt from all statutory mandates or other statutory requirements that are
25 applicable to public schools and to public school officers and employees except for
26 the following laws otherwise applicable to public schools with the same grades:
27 * * *
28 (28) Reporting by a school employee employed by the governing authority
29 of a public elementary or secondary school of his arrest for one or more of the
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1 specified offenses relative to sexual morality affecting minors, R.S. 17:16, any of the
2 crimes provided in R.S. 15:587.1, or any justified complaint substantiated
3 allegation of child abuse or neglect on file in the central registry pursuant to Article
4 615 of the Children's Code.
5 * * *
6 (82) Child health and safety minimum standards, R.S. 17:407.41.
7 Section 4. R.S. 40:2008.10(A)(3) and 2019(F)(3)(b) are hereby amended and
8 reenacted to read as follows:
9 §2008.10. Therapeutic group homes licensed by the Louisiana Department of
10 Health; state central registry of child abuse and neglect; criminal
11 background checks
12 A.
13 * * *
14 (3) The therapeutic group home shall request information from the
15 Department of Children and Family Services as to whether the individual's name is
16 recorded on the state central registry as a perpetrator for a justified substantiated
17 finding of abuse or neglect of a child.
18 * * *
19 §2019. Child death investigation
20 * * *
21 F. Records; confidentiality; prohibited disclosure and discovery.
22 * * *
23 (3)
24 * * *
25 (b) No information, document, or record obtained by the state panel or any
26 local or regional panel or its agent from the Department of Children and Family
27 Services involving a report which results in an inconclusive, not justified, or invalid
28 or unsubstantiated finding pursuant to Children's Code Article 615 shall be
29 included or referenced in any manner in any report or other document issued or
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1 published by or on behalf of the panel.
2 * * *
3 Section 5. R.S. 46:51.2(A)(1)(b), 56(F)(1), (4)(c), (10)(b)(i), and (11), and 1414.1(A)
4 are hereby amended and reenacted to read as follows:
5 §51.2. Criminal history and central registry information
6 A.(1) No person shall be hired by the department whose duties include the
7 investigation of child abuse or neglect, supervisory or disciplinary authority over
8 children, direct care of a child, or performance of licensing surveys, until both the
9 following conditions are met:
10 * * *
11 (b) The department has conducted a search of the state central registry of
12 justified substantiated abuse or neglect, hereafter referred to as "central registry",
13 reports and has determined that the individual's name is not recorded therein. The
14 search shall be limited to those names recorded on the state central registry
15 subsequent to January 1, 2010. If the individual's name is or was entered on the state
16 central registry that individual may make a formal written request to the division of
17 administrative law for an administrative appeal of the justified substantiated
18 determination, in accordance with Children's Code Article 616.1.1 and the
19 procedures promulgated by the department.
20 * * *
21 §56. Applications and client case records; definitions; confidentiality; waiver;
22 penalty
23 * * *
24 F. The following information shall not be subject to waiver and shall not be
25 released to applicants, recipients, or outside sources, except those outside sources
26 engaged in the administration of the programs of the department or when specifically
27 authorized by law:
28 (1) Records pertaining to foster care of children, investigations of abuse and
29 neglect of children, and other child welfare services. For the purposes of this
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1 Paragraph, case records of children in abuse and neglect and foster care cases may
2 be reviewed by attorneys who are appointed by a court of juvenile jurisdiction to
3 represent the sole interest of the children, and pursuant to court order, such case
4 records may be reviewed by court-appointed special advocates appointed pursuant
5 to Children's Code Article 424(D). Prior to a court hearing, the department may
6 provide to such attorneys and court-appointed special advocates copies of the most
7 recent case plan for the child and his family, the most recent court order and court
8 report, and the child's most recent medical report. Additionally, pursuant to
9 Children's Code Article 616, a judge of a court exercising juvenile jurisdiction may
10 request, in writing to the department, central registry record checks. However, in no
11 instance shall the name or identifying information regarding a complainant in neglect
12 and abuse cases or the case records of the foster parents be subject to such review.
13 The department may, however, provide foster parents all information from the
14 department's records and from other records to which the department has access
15 concerning a child in the foster home, and concerning the child's family, where such
16 information is necessary for the foster parents to properly care for the child. The
17 department may also provide surrogate parents representing the special education
18 interests of children in the department's custody with all information from the
19 department's records and from other records to which the department has access
20 where such information is necessary for the surrogate parents to properly advocate
21 for the children. In any child custody proceeding, after the issue has been raised of
22 the potential existence of a relevant departmental record concerning the abuse or
23 neglect of a child who is the subject of that proceeding, the judge may contact the
24 local child protection unit to determine if such a record exists. If a determination has
25 been made that such report appears justified the department has a substantiated
26 report pursuant to Children's Code Article 615(B)(1) through (3), the local child
27 protection unit shall verbally advise the judge that such report is in the possession
28 of the unit. If the court finds that information which may be contained in the report
29 is necessary for an issue before the court, the court may order the release of such
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1 information. If a determination was made that such the report was unsubstantiated
2 unjustified or inherently improbable, such records shall be sealed and accessible only
3 pursuant to Children's Code Article 616(A)(2).
4 * * *
5 (4)
6 * * *
7 (c) Following any investigation by the department of a public or private day
8 care center, registered family child day care home, or residential provider, the
9 department may inform the parent or guardian of any child being cared for at the
10 center, home, or residence or the parent or guardian of any child who has applied for
11 placement in the center, home, or residence of a valid substantiated finding of child
12 abuse, neglect, or exploitation occurring at the center, home, or residence upon the
13 request of the parent or legal guardian. The department may also advise such parent
14 or legal guardian of a valid substantiated finding when it becomes necessary for the
15 department to take adverse action against a center, home, or facility in the interest
16 of the safety and welfare of the children. The department may release to the
17 Department of Education limited information concerning a valid substantiated
18 finding of child abuse, neglect, or exploitation occurring at a family child day care
19 home that is registered by that department. These circumstances shall constitute
20 authorized disclosures under the provisions of R.S. 14:403(A)(2).
21 * * *
22 (10)
23 * * *
24 (b) The information disclosed pursuant to this Paragraph shall be limited to
25 the following:
26 (i) Whether or not the department has a substantiated report, which has been
27 determined to be justified pursuant to Children's Code Article 615, in its possession
28 concerning the child or person who is the subject of the information request.
29 * * *
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1 (11) Upon written request of a caregiver, the department shall disclose
2 limited information contained in child abuse or neglect records or reports to an
3 employer or prospective employer of a person who will be exercising supervisory
4 authority over that employer's minor children or other dependent person as part of
5 that person's employment as a caregiver. The information disclosed pursuant to this
6 Paragraph shall be limited to cases in which the department has determined that the
7 allegations from which such information has been developed are justified
8 substantiated pursuant to Children's Code Article 615. The provisions of this
9 Paragraph shall not be interpreted to authorize the release of or access to any
10 information protected under federal law.
11 * * *
12 §1414.1. State central registry
13 A. Any owner, operator, current or prospective employee, or volunteer of a
14 specialized provider requesting licensure or licensed by the Department of Children
15 and Family Services is prohibited from being employed by the specialized provider
16 if that individual's name is recorded on the state central registry as a perpetrator for
17 a justified substantiated finding of abuse or neglect of a child.
18 * * *
19 Section 6. Children's Code Art. 603(4)(a), (17)(d), and (18), 603.1(B), 610(A), (E)(1)
20 and (2), and (H), 612(A)(3), 615(B)(2), (3), and (5), the introductory paragraph of 615(E)
21 and 615(E)(1) and (4)(a) and (F), 616(B), the introductory paragraph of 616(D), 616(E) and
22 (H), and 616.1.1(A) are hereby amended and reenacted and Children's Code Art. 603(17)(l)
23 through (o) and 610(I) are hereby enacted to read as follows:
24 Art. 603. Definitions
25 As used in this Title:
26 * * *
27 (4)(a) "Caretaker" means any person legally obligated to provide or secure
28 adequate care for a child, including a parent, tutor, guardian, legal custodian, foster
29 home parent, an employee or an operator of an early learning center as defined in
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1 R.S. 17:407.33, an operator or employee of a registered family child day care home,
2 an operator or employee of a residential or treatment facility licensed by the
3 Department of Children and Family Services or the Louisiana Department of
4 Health restrictive care facility, or other person providing a residence for the child.
5 "Caretaker" also means an adult who occupies a residence of a child and has a
6 consistent and continuing responsibility for the care of a child. "Caretaker" shall not
7 include an operator or employee of a correctional facility, detention facility, or
8 nonresidential school, or unlicensed residential or child care provider.
9 * * *
10 (17) "Mandatory reporter" is any of the following individuals:
11 * * *
12 (d) "Teaching or child care provider" is any person who provides or assists
13 in the teaching, training, and supervision of a child, including any public or private
14 teacher, teacher's aide, instructional aide, school principal, school staff member,
15 school resource officer, bus driver, coach, professor, technical or vocational
16 instructor, technical or vocational school staff member, college or university
17 administrator, college or university staff member, social worker, probation officer,
18 foster home parent, group home or other child care institutional staff member,
19 personnel of residential home facilities, an employee or an operator of an early
20 learning center as defined in R.S. 17:407.33, an operator or employee of a
21 registered family child day care home, a licensed or unlicensed day care provider,
22 or any individual who provides these services to a child in a voluntary or
23 professional capacity.
24 * * *
25 (l) A foster parent.
26 (m) A group home or other institutional child care staff member or
27 personnel of residential home facilities.
28 (n) A probation officer.
29 (o) Any employee of the office or juvenile justice or the Department of
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1 Children and Family Services, whose duties include supervisory or disciplinary
2 authority over children.
3 (18) "Neglect" means the refusal or unreasonable failure of a parent or
4 caretaker to supply the child with necessary food, clothing, shelter, care, treatment,
5 or counseling for any injury, illness, or condition of the child, as a result of which the
6 child's physical, mental, or emotional health, welfare, and safety is substantially
7 threatened or impaired. Neglect includes prenatal neglect and the failure to
8 implement and enforce policies that ensure adequate supervision in an early
9 learning center as defined in R.S. 17:407.33. Consistent with Article 606(B), the
10 inability of a parent or caretaker to provide for a child due to inadequate financial
11 resources shall not, for that reason alone, be considered neglect. Whenever, in lieu
12 of medical care, a child is being provided treatment in accordance with the tenets of
13 a well-recognized religious method of healing that has a reasonable, proven record
14 of success, the child shall not, for that reason alone, be considered to be neglected
15 or maltreated. However, nothing in this Subparagraph shall prohibit the court from
16 ordering medical services for the child when there is substantial risk of harm to the
17 child's health, welfare, or safety.
18 * * *
19 Art. 603.1. Required education; reporting child abuse
20 * * *
21 B. Teaching or child care providers as defined by Article 603 shall complete
22 an online training course provided by the Department of Children and Family
23 Services between June first and August thirty-first annually. A record of completion
24 of the course by the teaching or child care provider shall be provided to and retained
25 by each entity at which the teaching or child care provider is employed. The entity
26 at which the teaching or child care provider is employed shall retain a list of all
27 teaching or child care providers who have not complied with the training
28 requirements provided in this Article. No later than September thirtieth of each
29 year and in a manner prescribed by the state Department of Education each
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1 entity at which a teaching or child care provider is employed shall submit a list
2 to the state Department of Education of all teaching and child care providers
3 employed by the entity and identify the employees that have complied with the
4 training requirements and those employees that have not complied. The state
5 Department of Education shall publish the completion rates for each entity on
6 its website.
7 * * *
8 Art. 610. Reporting procedure; reports to the legislature and the United States
9 Department of Defense Family Advocacy Program
10 A.(1) A reporter shall immediately report suspected child abuse or neglect or
11 that child abuse or neglect was a contributing factor in a child's death in the
12 following ways:
13 (a)(1) To the Department of Children and Family Services if the reporter has
14 reason to believe that the perpetrator is a any of the following:
15 (a) A parent or caretaker as defined in Article 603., a
16 (b) A person who maintains an interpersonal dating or engagement
17 relationship with the parent or caretaker., or a
18 (c) A person living in the same residence with as the parent or caretaker. as
19 a spouse whether married or not.
20 (d) A person, including another child, living in the same residence as the
21 child, or any residence of the child if the child has more than one residence.
22 (e) An employee or an operator of an early learning center as defined in
23 R.S. 17:407.33.
24 (f) An operator or employee of a registered family child day care home.
25 (b)(2) To a local or state law enforcement agency if the reporter has reason
26 to believe that the perpetrator is any of the following: abuse or neglect is being
27 perpetrated by someone other than the individuals provided for in Subsubparagraph
28 (a) of this Subparagraph. Abuse or neglect perpetrated on a student by a teaching or
29 child care provider, as defined by Article 603, shall be immediately reported to local
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1 or state law enforcement,
2 (a) A person other than a person provided for in Subparagraph (1) of
3 this Paragraph.
4 (b) A teacher, instructor, administrator, staff person, school bus driver,
5 teacher aide, paraprofessional, food service worker, or employee of any public
6 or private elementary, secondary, vocational-technical training, special, or
7 postsecondary school, city, parish, or other local public school board, if the
8 abuse or neglect is perpetrated on a student.
9 (c) A child that does not live in the same residence as the victim child.
10 (c)(3) Dual reporting to both the department and the local or state law
11 enforcement agency is permitted.
12 (2)(4) Reports to the department shall be made as follows:
13 (a) A mandatory reporter shall make a report of suspected abuse or neglect
14 requiring immediate assistance via the designated state child protection reporting
15 hotline telephone number. A report of suspected abuse or neglect which is of a
16 nonemergency nature may be reported via the Louisiana Department of Children and
17 Family Services Mandated Reporter Portal online. Reports may also be made in
18 person at any child welfare office.
19 (b) If a report involves alleged sex trafficking, all mandatory reporters shall
20 report via the hotline telephone number to the department regardless of whether there
21 is alleged parental or caretaker culpability.
22 (c) A permitted reporter shall make a report through the designated state child
23 protection reporting hotline telephone number or in person at any child welfare
24 office.
25 (3)(5) If a mandatory reporter is prohibited from immediately making the
26 report required by this Chapter to the department or local or state law enforcement
27 because of an employer's policies or employee manual, the mandatory reporter shall
28 file a complaint with local or state law enforcement. Local or state law enforcement
29 shall investigate the complaint, and an employer violating this Chapter shall be
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1 subject to the penalties provided for in R.S. 14:131.1 and 403. An employer shall not
2 discriminate or retaliate against an employee who is a mandatory reporter for
3 complying with this Article. If an employer is found discriminating or retaliating
4 against an employee for complying with this Article, the employer shall be subject
5 to double the fines provided for in R.S. 14:131.1 and 403.
6 (4)(6) In an investigation of a report of abuse or neglect allegedly committed
7 by a parent or caretaker, the department shall determine whether the person is an
8 active duty member of the United States Armed Forces or the spouse of a member
9 on active duty. If the department determines that the person is an active duty member
10 of the United States Armed Forces or the spouse of a member on active duty, the
11 department shall notify the United States Department of Defense Family Advocacy
12 Program at the closest active duty military installation of the investigation.
13 * * *
14 E.(1) All reports made to any local or state law enforcement agency involving
15 abuse or neglect in which the child's parent or caretaker, a person who maintains an
16 interpersonal dating or engagement relationship with the parent or caretaker, or a
17 person living in the same residence with the parent or caretaker as a spouse whether
18 married or not, an individual provided for in Subparagraph (A)(1) is believed
19 responsible shall be promptly communicated reported to the department within
20 twenty-four hours in accordance with Paragraph A of this Article. through the
21 designated state child protection reporting hotline telephone number in accordance
22 with a written working agreement developed between the local law enforcement
23 agency and the department.
24 (2) The department shall promptly communicate All reports made to the
25 department involving abuse or neglect cases not involving a parent, caretaker, or
26 occupant of the household in which someone other than the individuals provided
27 for in Subparagraph (A)(1) is believed responsible shall be reported to the
28 appropriate law enforcement agency within twenty-four hours by telephone in
29 accordance with a written working agreement developed between the department and
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1 law enforcement agency. The department also shall report all cases of child death
2 which involve a suspicion of abuse or neglect as a contributing factor in the child's
3 death to the local and state law enforcement agencies, the office of the district
4 attorney, and the coroner.
5 * * *
6 H.(1) All instances of suspected child sexual abuse that occur in a school
7 setting shall be immediately reported to the child's parent or legal guardian and
8 to local or state law enforcement, regardless of the suspected perpetrator.
9 (2) If more than one child is involved in the allegations, the school shall
10 immediately report to the parent or legal guardian of all involved children.
11 (3) Law enforcement shall begin an investigation of the allegations within
12 forty-eight hours of receiving the report.
13 (4) If more than one child is involved in the allegations, law enforcement
14 shall interview the parent or legal guardian of all children involved.
15 (5) Any cases in which the alleged perpetrator is a child shall be referred
16 to the Department of Children and Family Services. The department shall
17 assess the family of the victim child and the alleged perpetrator child to ensure
18 child safety and well-being in accordance with Children's Code Article
19 612(A)(3).
20 (6) For purposes of this Paragraph, the following definitions shall apply:
21 (a) "School setting" means in a school building, on school grounds, in
22 school vehicles, or at any activities sponsored by a school.
23 (b) "Sexual abuse" means the perpetration or attempted perpetration of
24 R.S. 14:41, 42, 42.1, 43, 43.1, 43.2, 43.3, 43.4, 80, 81, 81.1, 81.2, 86, 89, or 89.1.
25 H.I.(1) The provisions of this Paragraph shall be known and may be cited as
26 The Alfred C. Williams Child Protection Act.
27 (2) Beginning May 1, 2017, and annually thereafter, the department shall
28 provide to the legislature the following child-specific information regarding reports
29 of child abuse or neglect reported to the department pursuant to the provisions of this
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1 Article:
2 (a) The actual or estimated age, the sex, and the race of each child at the time
3 the latest report was received.
4 (b) The parish location of primary case name of the latest report accepted for
5 investigation received.
6 (c) The categories, levels, and final findings assigned to each allegation
7 contained in reports received for each child.
8 (d) The number of cases accepted for investigation in which the child was an
9 alleged or valid victim during the report year.
10 (e) The number of cases accepted for investigation in which the child was a
11 valid substantiated victim during the report year.
12 (f) The number of reports accepted for investigation prior to report year in
13 which the child was an alleged or valid substantiated victim.
14 (g) The number of other alleged victims in reports accepted for investigation
15 in each child's cases prior to report year.
16 (h) The number of reports accepted for investigation prior to the report year
17 in which the child was a valid substantiated victim.
18 (i) The number of other validated substantiated victims in reports accepted
19 for investigation in each child's cases prior to report year.
20 (j) The number of distinct reporter names for all investigations in which the
21 child is an alleged or valid substantiated victim.
22 (3) For purposes of this Paragraph, the following words shall have the
23 following meanings:
24 (a) "Alleged victim" includes a child who is the subject of an investigation
25 and for whom there is an allegation of abuse or neglect.
26 (b) "Valid Substantiated victim" or "validated victim" includes an alleged
27 victim for whom one or more allegations of abuse or neglect have been determined
28 to be justified substantiated pursuant to Article 615.
29 * * *
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1 Art. 612. Assignment of reports for investigation and assessment
2 A.
3 * * *
4 (3) In lieu of an investigation, reports of low levels of risk and reports from
5 law enforcement of child sexual abuse in a school setting as provided for in
6 Children's Code Article 610(H), may be assessed promptly through interviews with
7 the family to identify needs and available match to community resources. If during
8 this assessment, it is determined that a child is at immediate substantial risk of harm,
9 the local child protection unit shall promptly conduct or participate in an intensive
10 investigation.
11 * * *
12 Art. 615. Disposition of reports
13 * * *
14 B. After investigation, the local child protection unit shall make one of the
15 following determinations:
16 * * *
17 (2) The report appears to be justified is substantiated, in that there is
18 evidence of child abuse, or neglect, and a protective order or instanter safety plan
19 order would eliminate the need for removal of the child in order to protect him from
20 further abuse, in which case it may apply for a temporary restraining order or
21 protective order authorized by Article 617 and Article 618, or an instanter safety plan
22 order authorized by Article 619 or Article 620.
23 (3) The report appears to be justified is substantiated, in that there is
24 evidence of child abuse or neglect, in which case it shall report all pertinent
25 information to the district attorney, as soon as possible but in no case more than
26 thirty days after such determination, for evaluation of whether a child in need of care
27 petition should be filed in the court with juvenile jurisdiction.
28 * * *
29 (5) The report does not appear justified is unsubstantiated as the evidence
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1 does not support a finding of child abuse or neglect.
2 * * *
3 E. When after the investigation of a report, the determination is made that the
4 report is inconclusive or not justified unsubstantiated, as provided in Subparagraphs
5 (B)(4) and (5) of this Article, the files, records, and pertinent information regarding
6 the report and investigation shall be strictly confidential, shall not become part of the
7 central registry except as otherwise provided in Subparagraph (1) of this Paragraph
8 or in Article 616(F), shall not be disclosed or ordered to be produced in conjunction
9 with any legal proceeding or other matter except as provided in Subparagraph (4) of
10 this Paragraph, and shall be maintained only for the following purposes:
11 (1) The files, records, and information shall remain unsealed and shall be
12 maintained for the exclusive use of child protective services, to assist in future risk
13 and safety assessments. The Department of Children and Family Services shall
14 maintain all files and records for seven years from the date of the determination,
15 unless a subsequent inconclusive or not justified unsubstantiated report is received
16 during that period. In that case, information from all such reports will be maintained
17 until the youngest child in the alleged victim's family attains the age of eighteen
18 years or seven years from the date of the latest determination, whichever is longer.
19 If information from an inconclusive or not justified unsubstantiated report is used
20 as a part of the basis for a later, related, and justified substantiated report, the earlier
21 report shall become part of the file of the justified substantiated report and shall
22 cease to be a separate report.
23 * * *
24 (4)(a) All files, records, and information regarding a report that has been
25 determined to be inconclusive or not justified unsubstantiated shall be released to
26 local, state, and federal law enforcement agencies, military authorities, prosecuting
27 authorities, and coroners upon request when such entity is in the course of
28 investigations or legal proceedings and the requesting entity has good cause to
29 believe that the files, records, or information contain information which may be
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1 constitutionally required to be disclosed pursuant to Brady v. Maryland, 373 U.S. 83
2 (1963) and its progeny. The requesting agency shall request the information in
3 writing and state the purpose for which the information is being requested.
4 * * *
5 F. The department shall promulgate rules to provide for the disposition,
6 handling, maintenance, and storage of inconclusive and not justified
7 unsubstantiated reports in keeping with this Article.
8 * * *
9 Art. 616. Registry; screening of CASA volunteers, staff, and board members;
10 confidentiality
11 * * *
12 B. Within the state repository, the department shall maintain a state central
13 registry of certain justified substantiated reports of abuse and neglect as set forth
14 in rules promulgated by the department. The name of an individual who was placed
15 on the state central registry as a perpetrator of abuse or neglect prior to the effective
16 date of Children's Code Article 616.1.1 shall not be released outside of the
17 department until that individual's administrative appeals are exhausted. After the
18 effective date of Children's Code Article 616.1.1, the name of an individual who is
19 determined to be a perpetrator of abuse or neglect shall not be placed on the state
20 central registry until that individual's administrative appeals are exhausted. All
21 decisions rendered by an administrative law judge are final, and the decisions shall
22 exhaust the individual's administrative remedy. However, notwithstanding any other
23 provision of law, the department shall provide information involving an investigation
24 from either the repository or the state central registry immediately to the local district
25 attorney's office, or its designee, or to the court, when taking court action is
26 necessary to protect the child from abuse or neglect. The department shall provide
27 information involving an open investigation or a completed investigation determined
28 to be justified substantiated from either the repository or the state central registry
29 to another state's child welfare agency upon written request when the request is made
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1 pursuant to an ongoing child protective services investigation in the other state.
2 * * *
3 D. Upon the written request of the court during its evaluation of any of the
4 following individuals who will have contact with children served by the court-
5 appointed special advocate program, and with the consent of the individual, the
6 department shall search the central registry and report to the court any justified
7 substantiated report of abuse or neglect alleging that the individual is a perpetrator:
8 * * *
9 E. When, after an investigation, the determination is made by the department
10 that the report does appear to be justified substantiated, any subsequent adjudication
11 by a court exercising juvenile jurisdiction which dismisses the child in need of care
12 petition involving this report shall be added to the central registry.
13 * * *
14 H. The department may charge a fee, that shall not exceed twenty-five
15 dollars, to conduct a search of the state central registry of justified substantiated
16 abuse or neglect reports to determine whether an individual's name is recorded
17 therein. A search shall be allowed only when specifically authorized.
18 * * *
19 Art. 616.1.1. Appeal and review; correction of central registry entries; procedure
20 A. When a report alleging abuse or neglect is determined to be justified
21 substantiated by the department, the individual who is or was the subject of the
22 determination may make a formal written request to the division of administrative
23 law for an administrative appeal of the justified substantiated determination, in
24 accordance with the procedures set forth in Title 67 of the Louisiana Administrative
25 Code.
26 * * *
27 Section 7. Civil Code Art. 2315.8 is hereby enacted to read as follows:
28 Art. 2315.8. Liability for damages caused by child sexual abuse in a school
29 setting
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1 Any parent or guardian of a child who is the victim of sexual abuse in a
2 school setting as defined in Children's Code Article 610 may be awarded
3 damages including but not limited to medical expenses incurred as a result of
4 the sexual abuse, behavioral health expenses incurred as a result of the sexual
5 abuse, reimbursement of any tuition paid for attendance at the school if the
6 child is removed from the school, and any other damages allowed by law.
7 Section 8. The mandatory reporter training report provided for in Children's Code
8 Article 603.1 shall be submitted to the Department of Education beginning with the 2026-
9 2027 school year.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Senate Legislative Services.
The keyword, summary, 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)]
DIGEST
SB 41 Original 2025 Regular Session Barrow
School Employee Background Checks - State Central Registry
Present law prohibits any person convicted of or who has pled guilty or nolo contendere to
certain crimes from owning, operating, or participating in the governance of an early
learning center, residential home, or a residence where in-home child care is provided.
Proposed law extends the prohibition to any person who has been placed on the Dept. of
Children and Family Services' state central registry.
Present law prohibits BESE from issuing an educator credential or teaching authorization
to any person who has been convicted of or pled nolo contendere to certain crimes and
requires the Dept. of Education to publish on its website the name of any person whose
teaching certification or authorization has been revoked due to certain offense.
Proposed law additionally prohibits BESE from issuing an educator credential or teaching
authorization to any person who has been placed on the Dept. of Children and Family
Services' state central registry and requires the Dept. of Education to publish on its website
the name of any person whose teaching certification or authorization has been revoked due
to placement on the registry.
Present law prohibits schools from employing individuals that have been convicted of or
pled nolo contendere to certain crimes.
Proposed law additionally prohibits schools from employing individuals that have been
placed on the Dept. of Children and Family Services' state central registry.
Present law lists murder, manslaughter, feticide, rape, sexual battery, female genital
mutilation, intentional exposure to HIV, kidnapping, crimes involving juveniles, crimes
involving a child sex doll, prostitution, crimes against nature, cruelty to persons with
infirmities, crimes of violence, and other sex offenses as offenses that would prohibit
employment at a school, early learning center, or other positions that include supervision of
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children.
Proposed law adds additional human trafficking offenses and sexual battery of persons with
infirmities to the list of offenses that would prohibit employment at a school, early learning
center, or other positions that include supervision of children.
Proposed law requires the Dept. of Education to maintain a list on its website of all school
employees who have been convicted of a crime listed in R.S. 15:587.1 or who have been
placed on the Dept. of Children and Family Services' state central registry.
Early Learning Centers
Present law defines "early learning center" as any child day care center, Early Head Start
Center, Head Start Center, or stand-alone prekindergarten program not attached to a school.
Proposed law removes the exemption for nonpublic prekindergarten programs that are
attached to a school and requires all nonpublic prekindergarten programs to be licensed by
the Dept. of Education.
Proposed law establishes child safety and welfare minimum standards and requires all
public, nonpublic, and charter school prekindergarten programs to comply with the
minimum standards.
Present law provides for penalties for early learning center violations regarding supervision,
criminal history record checks, the state central registry disclosure form, staff-to-child ratios,
motor vehicle checks, and failure to report critical incidents.
Proposed law requires the Dept. of Education to publish those violations on its website.
Child Abuse and Neglect Reporting and Investigations
Present law requires teaching or child care providers to complete an annual online
mandatory reporter training course and send a record of completion to the school or early
learning center at which the teaching or child care provider is employed.
Proposed law requires all schools and early learning centers to annually report all employees
that have and have not completed mandatory reporter training to the Dept. of Education and
requires the department to post each entity's completion rates, beginning with the 2026-2027
school year.
Proposed law adds certain Dept. of Children and Family Services and office of juvenile
justice employees to the list of mandatory reporters.
Proposed law amends the definitions of "caretaker", "mandatory reporter", "teaching or child
care provider" and "neglect" in the Children's Code.
Proposed law provides for agency responsibility for responding to reports of child abuse and
neglect.
Proposed law provides for agency responsibility for cases in which the perpetrator is a child.
Provides that the Dept. of Children and Family Services is responsible for cases where the
perpetrator child lives with the victim child and law enforcement is responsible for all other
cases involving a child perpetrator.
Proposed law establishes requirements for reporting cases between the Dept. of Children and
Family Services and law enforcement.
Proposed law establishes requirements for law enforcement to respond to reports of child
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sexual abuse in a school setting and to refer certain cases to the Dept. of Children and Family
Services.
Dept. of Children and Family Services Determinations
Present law requires the Dept. of Children and Family Services to make a determination
following an investigation of a report of child abuse or neglect of whether the report was
justified, inconclusive, not justified, or false.
Proposed law changes the determination language from "justified" or "unjustified" to
"substantiated" or "unsubstantiated".
Present law uses the terms "valid" and "invalid" when referring to justified and unjustified
determinations of the Dept. of Children and Family Services.
Proposed law changes the terms "valid" and "invalid" to "substantiated" and
"unsubstantiated".
Liability for Sexual Abuse in a School Setting
Proposed law provides that a parent of guardian of a child who is the victim of sexual abuse
in a school setting may be awarded damages including medical and behavioral health
expenses and reimbursement of tuition paid for attendance at the school if the child is
removed from the school.
Effective August 1, 2025.
(Amends R.S. 14:91.3(A), R.S. 15:587.1(C)(intro para), 587.1(C)(1) and 1110.3(H), R.S.
17:8.7(A), 8.7(B)(intro para), and 8.7(B)(1), 8.9(A)(5), (C), (D)(1), (2), and (3), and (E)(2)
and (3), 15(A)(1)(a), (b)(i)(bb) and (cc), and (b)(ii) and (2)(a)(ii)-(v), (D), (E), and (F),
16(A), 24.8(A) and (B)(2), 407.33(5), 407.35(A), 407.42(A)(2) and (B)(1)(b), 407.46(A)(1),
407.71(A), 443(B)(1), 493(C)(1), and 3996(B)(28), R.S. 40:2008.10(A)(3) and 2019(F)
(3)(b), R.S. 46:51.2(A)(1)(b), 56(F)(1), (4)(c), (10)(b)(i), and (11), and 1414.1(A), Ch.C. Art.
603(4)(a), (17)(d), and (18), 603.1(B), 610(A), (E)(1) and (2), and (H), 612(A)(3),
615(B)(2), (3), and (5), 615(E)(intro para) and 615(E)(1) and (4)(a) and (F), 616(B),
616(D)(intro para), 616(E) and (H), and 616.1.1(A); adds R.S. 17:8.9(A)(2)(c) and (3)(c) and
(E)(4), 15(A)(1)(b)(i)(dd) and (2)(a)(vi) and (G), 407.41, and 3996(B)(82), Ch.C. Art.
603(17)(l)-(o) and 610(I) and C.C. Art. 2315.8)
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