Amendment vs bill House Floor Amendment, #6320, Berault, Adopted vs Enrolled

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Regular Session ENROLLED SENATE BILL NO.
HFASB237 4465 6320 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS Regular Session Amendments proposed by Representative Berault to Re-Reengrossed Senate Bill No.
237 BY SENATORS BARROW, BARTHELEMY, BOUDREAUX, CARTER, DUPLESSIS, FESI, JENKINS, MIZELL, PRICE AND WHEAT AND REPRESENTATIVESADAMS,BAMBURG,BERAULT,BILLINGS, BOUDREAUX, BOYD, BOYER, BRASS, BROUSSARD, CARPENTER, CARRIER, CARVER, CHASSION, COATES, COX, DEWITT, DICKERSON, DOMANGUE, ECHOLS, EDMONSTON, EGAN, FISHER, FREEMAN, FREIBERG, GLORIOSO, GREEN, HEBERT,JACKSON,MIKEJOHNSON,JORDAN,KERNER,KNOX, LAFLEUR, JACOB LANDRY, TERRY LANDRY, LYONS, MACK, MARCELLE, MCMAKIN, MILLER, OWEN, RISER, SCHLEGEL, SPELL, ST.
237 by Senator Barrow AMENDMENT NO.
BLANC, TAYLOR, VENTRELLA, WRIGHT AND WYBLE AN ACT To amend and reenact R.S.
1 Delete the set of amendments bythe House Committee on Health and Welfare (#5949) AMENDMENT NO.
2 Delete the set of amendments bythe House Committee on Appropriations (#6100) AMENDMENT NO.
3 On page 1, delete lines 2 through 9 in their entirety and insert the following "To amend and reenact R.S.
to provide for the duties and responsibilities of the state child ombudsman;
to provide for the" AMENDMENT NO.
to provide for the duties and responsibilities of the Department of Children and Family Services;
4 On page 1, line 12, after "confidentiality;" delete the remainder of the line AMENDMENT NO.
to provide for exceptions to public meetings;
5 On page 1, line 13, delete "public reporting of fatalities and near fatalities;" AMENDMENT NO.
to provide for confidentiality;
6 On page 2, delete line 1 in its entirety and insert the following:
to provide for a critical incident review team;
"custody orders;
to provide for multidisciplinary investigative teams;
to provide for the re-creation of the Department of Children and Family Services and the statutoryentities made a part of the department by law;
to provide for forensic interviews;
to provide fortheeffectiveterminationdateforallstatutoryauthorityfortheexistenceofsuchstatutory entities;
to provide for definitions;
to provide for mandatory reporter training;
to provide for child abuse and neglect reporting procedures;
to provide for the assignment of reports for investigation and assessment;
to provide for instanter custodyorders;
to provide for the re-creationof the Department of Children and Family Services and the statutory entities made a part of the department by law;
to provide for the effective termination date for all statutory authority for the existence of such statutory entities;
and to provide for related matters.
and to provide for related" AMENDMENT NO.
Be it enacted by the Legislature of Louisiana:
7 On page 2, line 5, change "R.S.
Page 1 of 22 Coding:
24:525(C)(14) and (H) are" to "R.S.
Words which are struck through are deletions from existing law;
24:525(H) is" AMENDMENT NO.
words in boldface type and underscored are additions.
8 On page 2, delete lines 22 through 29 in their entirety and insert the following:
SB NO.
Page 1 of 8 CODING:
237 ENROLLED Section 1.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
R.S.
HFASB237 4465 6320 "(13)(a) Notify the senator and representative who represent the district in which a child has died as a result of abuse or neglect, within twenty-four hours of his knowledgeofthedeathofthechild.Notifyallofthefollowingwithintwenty-four hours of being notified by the department of the fatality or near fatality of a child:
24:525(C)(5),(6), and (13) and (D) through (G) areherebyamended and reenacted and R.S.
(i) The senator and representative who represent the district in which a child who has died, as a resultof abuse orneglect,resided or,if unknown, the district in which the child died.
24:525(H) is herebyenacted to read as follows:
§525.
State child ombudsman;
duties * * * C.
The state child ombudsman shall have all of the following duties and responsibilities:
* * * (5) Periodically review the facilities and procedures of any institution or residences residence, public or private, where a child has been placed by any state agency or department.
(a) For purposes of this Section, the term "residences residence" means congregate care facilities and does not include foster homes.
(b) For purposes of this Section, the term "access" means policies and availability of services.
(6) Recommend changes in state policies concerning children, including changes in the system of providing juvenile justice, child care childcare assistance, foster care, and access to physical and mental health treatment.
* * * (13)(a) Notify the senator and representative who represent the district in whichachildhasdiedasaresultofabuseorneglect,within twenty-fourhoursofhis knowledgeofthedeathofthechild.Notifyallofthefollowingwithintwenty-four hours of being notified by the department of the fatality or near fatality of a child:
(i) The senator and representativewho represent the district in which a child who has died, as a result of abuse or neglect, resided or, if unknown, the district in which the child died.
Page 2 of 22 Coding:
(b) The notification shall include the information provided to the state child ombudsman pursuant to Subparagraphs (E)(1)(a) through (d) of this Section." AMENDMENT NO.
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Words which are struck through are deletions from existing law;
9 On page 3, delete lines 1 and 2 in their entirety AMENDMENT NO.
words in boldface type and underscored are additions.
10 On page 3, delete lines 6 through 29 in their entirety and insert the following:
SB NO.
"(2) E.(1) The Department of Children and Family Services shall notify the state child ombudsman in writing within three business days of receiving a report of information on the death a fatality or near fatality of any child that had been reportedtothedepartmentforallegedwhosefatalityornearfatality is thesubject of a child abuse or neglect investigation.
237 ENROLLED (b) The notification shall include the information provided to the state child ombudsman pursuant to Subparagraphs (E)(1)(a) through (d) of this Section.
The notification shall include all of the following:
D.(1) Any state agency having responsibility for the custody or care of children shall provide monthly notice to the state child ombudsman of the death of a child in its custody or care.
(2) E.(1) The Department of Children and Family Services shall notify the state child ombudsman in writing within three business days of receiving informationon thedeathareportof afatalityornearfatalityofanychildthathad been reported to the department for alleged whose fatality or near fatality is the subjectofachildabuseorneglectinvestigation.Thenotificationshallincludeall of the following:
(iv)Whetherthefatalityornearfatalityoccurredduringanactivechild Page 3 of 22 Coding:
(iv)Whetherthefatalityornearfatalityoccurredduringanactivechild protective services investigation or an open family services case.
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
237 ENROLLED protective services investigation or an open family services case.
(ii) A statement that the report was not substantiated.
(ii) A statement that the report was not substantiated." AMENDMENT NO.
E.F.
11 Delete page 4 in its entirety Page 2 of 8 CODING:
The standing committee of each house of the legislature having responsibility for oversight shall perform a biennial review and evaluation of the state child ombudsman and the provisions of this Section.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
F.G.
HFASB237 4465 6320 AMENDMENT NO.
Notwithstanding any other provision of law to the contrary and to the extent allowed by federal law, the state child ombudsman shall have unrestricted remoteaccesstodepartmentalcomputernetworks,including accesstoanyand allcasemanagementsystems,databases,anddepartmentpolicyandprocedure systems, pertaining to state agencies that provide services to children through funds provided by the state.
12 On page 5, delete line 1 in its entirety AMENDMENT NO.
The child ombudsman shall not have the ability to add to, edit, delete,alter, reproduce, or distribute any data or documentin any department's system.
13 On page 5, delete line 11 and 12 in their entiretyand insert the following:
The child ombudsman may publish reports, findings, or recommendations,oraggregateorde-identifieddataderivedfrominformation accessed in accordance with this Subsection provided that no confidential or personalidentifyinginformationisdisclosedinviolationofstateorfederallaw.
"add to, edit, delete, alter, reproduce, or distribute any data or document in any department's system.
Thechildombudsmanshallnotdisclosetheidentifyinginformationconcerning an individual who initiated a report or complaint of alleged child abuse or neglect contained within any network or case management system accessed pursuant to this Section.
The child ombudsman may publish reports, findings, or recommendations, or aggregate or de-identified data derived from information accessed in accordancewith this Subsection provided that no confidential or personal identifying information is disclosed in violation of state or federal law.
The ombudsman shall, upon request, have permission to view and use physical documents and records, including audio and video recordings, relevant to the ombudsman's statutoryduties.
The child ombudsman shall not disclose the identifying information" AMENDMENT NO.
To the extent allowed by federal law, such documents and records shall include but not be limited to the applications and case files of the Louisiana Department of Health and the DepartmentofChildrenandFamilyServicesexceptforthenameandanyidentifying informationofthereporterofchildabuseorneglectandrestrictionsprovidedinTitle IV-D of the Social Security Act and the Internal Revenue Code, juvenile court Page 4 of 22 Coding:
14 On page 5, line 16, after "use" and before "documents" insert "physical" AMENDMENT NO.
Words which are struck through are deletions from existing law;
15 On page 6, between lines 11 and 12, insert the following:
words in boldface type and underscored are additions.
"Section 3.
SB NO.
237 ENROLLED judgments and court minute entries, records and reports of children in the custody of or under the supervision of the office of juvenile justice, student records in the possession of the State Department of Education, any parish or city school board, and any elementary or secondary education school, including charter schools.
The statechildombudsmanshallcomplywith anyandallrestrictionsimposed bylawon documents,data,orinformationconsideredconfidentialorprivilegedandfurnished to the state child ombudsman.
G.H.
Notwithstanding any other provision of law to the contrary, the state child ombudsman shall not be compelled to be a witness or be deposed in anycase where the state child ombudsman is not personally a defendant.
Section 2.
42:17(A)(12) is hereby enacted to read as follows:
44:4.1(B)(32) is herebyamended and reenacted to read as follows:
§17.
Exceptions to open meetings A.
A public body may hold an executive session pursuant to R.S.
42:16 for one or more of the following reasons:
* * * (12) Testimony including identifying information and explicit details related to physical or sexual abuse of children.
* * * Section 3.
R.S.
44:4.1(B)(32) is hereby amended and reenacted to read as follows:
Exceptions * * * B.Thelegislaturefurtherrecognizesthatthereexistexceptions,exemptions, and limitations to the laws pertaining to public records throughout the revised statutesandcodesofthisstate.Therefore,thefollowingexceptions,exemptions,and limitations are hereby continued in effect by incorporation into this Chapter by citation:
Exceptions * * * B.
Thelegislaturefurtherrecognizesthatthereexistexceptions,exemptions, and limitations to the laws pertaining to public records throughout the revised statutesandcodesofthisstate.Therefore,thefollowingexceptions,exemptions,and limitations are hereby continued in effect by incorporation into this Chapter by citation:
46:52.2, 56, 123(K), 236.1.1 through 238, 284, 286.1, 439.1,446.1,1073,1355,1806,1831.5,1844,1862,1923,2124.1,2134,2187,2356, 2416, 2597, 2603, 2625 Page 5 of 22 Coding:
46:52.2, 56, 123(K), 236.1.1 through 238, 284,286.1, 439.1,446.1,1073,1355,1806,1831.5,1844,1862,1923,2124.1,2134,2187,2356, 2416, 2597, 2603, 2625 * * *" AMENDMENT NO.
Words which are struck through are deletions from existing law;
16 On page 6, line 12, change "Section 3." to "Section 4." AMENDMENT NO.
words in boldface type and underscored are additions.
17 On page 6, line 13, change "52.2, and 52.3" to "and 52.2" AMENDMENT NO.
SB NO.
18 On page 6, delete lines 18 and 19 and insert the following:
237 ENROLLED * * * Section 4.
"(7) "Near fatality" means an act that, as certified by a physician, places the child in serious or critical condition." AMENDMENT NO.
R.S.
19 On page 6, line 25, delete "each region of" Page 3 of 8 CODING:
46:56(F)(1), (2), (8), (9)(a), (e), and (g), and (10)(a) are hereby amended and reenacted and R.S.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
46:1(7), 51(17) and (18), and 52.2 are hereby enacted to read as follows:
HFASB237 4465 6320 AMENDMENT NO.
§1.
20 On page 6, line 26, change "Each" to "The" AMENDMENT NO.
Definitions As used in this Title, the following definitions shall apply:
21 On page 7, line 1, delete "the chief medical director as the" and insert "an" AMENDMENT NO.
* * * (7) "Near fatality" means an act that, as certified by a physician, places the child in serious or critical condition.
22 On page 7, line 4, after"R.S.
* * * §51.
24:525" insert a period "." and delete the remainderof the line AMENDMENT NO.
Duties of the department TheDepartmentofChildrenandFamilyServices,throughitssecretary,shall administer the public assistance and welfare laws of the state as follows:
23 On page 7, delete lines 5 and 6 in their entirety AMENDMENT NO.
* * * (17) Establish a law enforcement liaison position for the state.
24 On page 7, delete lines 8 through 29 in their entirety AMENDMENT NO.
The law enforcement liaison shall have previous law enforcement experience and shall serve as a resource for law enforcement referrals and to facilitate joint investigations between the department and law enforcement, as necessary.
25 Delete pages 8 and 9 in their entirety AMENDMENT NO.
(18) Designate an employee primarily responsible for overseeing all matters regarding child fatalities and near fatalities, including but not limited tochilddeathnotificationtothestatechildombudsmaninaccordancewithR.S.
26 On page 10, delete lines 1 through 15 in their entirety and insert the following:
24:525.
"§52.2.
* * * §52.2.
Critical incident review team A.
Critical incident review team A.Eachchild fatalityand nearfatalitysubstantiated bythedepartment as being the result of abuse or neglect shall be reviewed by the critical incident review team, hereinafter referred to as the review team.
Eachchildfatalityandnearfatalitysubstantiatedbythedepartment as being the result of abuse or neglect shall be reviewed by the critical incident review team, hereinafter referred to as the review team.
Page 6 of 22 Coding:
B.
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
237 ENROLLED B.
(9)Aquality-improvementorcontinuous-improvementemployeeofthe Department of Children and Family Services with training in safety science or human-factors analysis appointed by the secretary of the department.
(9) Aquality-improvementorcontinuous-improvementemployeeofthe Department of Children and Family Services with training in safety science or human-factors analysis appointed by the secretary of the department.
C.(1)The representativeof the Department of Justice designated by the attorney general shall serve as the chair of the review team.
C.(1) TherepresentativeoftheDepartmentofJusticedesignatedbythe attorney general shall serve as the chair of the review team.
(2) The representative of the chair shall direct and coordinate meetings of the review team.
(2) The representativeof the chairshall directand coordinatemeetings of the review team.
(3) The review team shall hold regular meetings at least quarterly and shall hold special meeting as determined by the chair.
Page 4 of 8 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
HFASB237 4465 6320 (3) The review team shall hold regular meetings at least quarterly and shall hold special meeting as determined by the chair.
Page 7 of 22 Coding:
(1) Evaluate means by which a fatality or near fatality might have been prevented.
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
237 ENROLLED (1) Evaluate means by which a fatality or near fatality might have been prevented.
F.(1) The review team, in order that it may perform its functions and duties as provided in this Section, shall have access to any information, documents,orrecordsin thepossession of any representedorganization which are pertinent to a fatality or near fatality selected for review.
F.(1) The review team, in order that it may perform its functions and duties as provided in this Section, shall have access to any information, documents, or recordsin thepossession of any representedorganization which are pertinent to a fatality or near fatality selected for review.
(4) The furnishing of confidential information, documents, and reports inaccordancewiththisSectionbyanyperson,agency,orentityfurnishingsuch information, documents, and reports shall not expose such person, agency, or entity to liability and shall not be considered a violation of any privileged or confidential relationship if the participant has acted in good faith in the reporting as required in this Section.
(4) The furnishing of confidential information, documents, and reports inaccordancewiththisSectionbyanyperson,agency,orentityfurnishingsuch information, documents, and reports shall not expose such person, agency, or entity to liability and shall not be considered a violation of any privileged or confidential relationship, if the participant has acted in good faith in the reporting as required in this Section." AMENDMENT NO.
* * * §56.
27 On page 13, line 28, change "Section 4." to "Section 5." and after "609(A)(3),"delete the remainder of the line AMENDMENT NO.
Applications and client case records;
28 On page 13, delete line 29 in its entirety AMENDMENT NO.
definitions;
29 On page 14, line 1, delete "610(A)(3) and (4)(a)," and insert "610(A)(4)(a)" AMENDMENT NO.
confidentiality;
30 On page 14, line 3, delete "603(17)(p)" and insert "603(17)(p) and (33)" AMENDMENT NO.
waiver;
31 On page 14, line 14, change "that" to "for whom" AMENDMENT NO.
penalty * * * Page 8 of 22 Coding:
32 On page 14, line 15, after "sexual" delete the remainder of the line and insert "abuse or severe physical" Page 5 of 8 CODING:
Words which are struck through are deletions from existing law;
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
words in boldface type and underscored are additions.
HFASB237 4465 6320 AMENDMENT NO.
SB NO.
33 On page 14, line 16, after "interview" and before the period "." insert "in accordance with interagency protocols" AMENDMENT NO.
237 ENROLLED F.
34 On page 15, after line 29, add the following:
The following information shall not be subject to waiver and shall not be released to applicants, recipients, or outside sources, except those outside sources engagedintheadministrationoftheprogramsofthedepartmentorwhenspecifically authorized by law:
"(33) "Near fatality" means an act that, as certified by a physician, places the child in serious or critical condition.
(1) Records pertainingto foster care of children, investigations of abuse and neglect of children, and other child welfare services.
* * *" AMENDMENT NO.
For the purposes of this Paragraph, case records of children in abuse and neglect and foster care cases may be reviewed by the state child ombudsman pursuant to R.S.
35 On page 16, delete lines 28 and 29 and on page 17, delete lines 1 through 17 and insert the following:
24:525, attorneys who areappointed bya court of juvenile jurisdiction to represent the sole interest of the children, and pursuant to court order, such case records may be reviewed by court-appointed special advocates appointed pursuant to Children's Code Article 424.1.
"A.Areportershallimmediatelyreportsuspectedchildabuseorneglectorthatchild abuse or neglect was a contributing factor in a child's death in the following ways:
Prior to a court hearing, the department may provide to such attorneys and court-appointed special advocates copies of the most recent case plan for the child and his family, the most recent court order and court report, and the child's most recent medical report reports, including but not limited to psychological counselingandbehavioralhealthassessments.Additionally,pursuanttoChildren's Code Article 616, a judge of a court exercising juvenile jurisdiction mayrequest, in writing to the department, central registry record checks.
* * *" AMENDMENT NO.
However, in no instance shall the name or identifying information regarding a complainant in neglect and abuse cases or the case records of the foster parents be subject to such review.
36 On page 17, line 26, delete "that" AMENDMENT NO.
The department may, however, provide foster parents all information from the department's records and from other records to which the department has access concerninga child in the fosterhome,andconcerningthechild's family, wheresuch information is necessary for the foster parents to properly care for the child.
37 On page 18, line 16, after "telephone." delete the remainder of the line and delete line 17 in its entirety AMENDMENT NO.
The department may also provide surrogate parents representing the special education interests of children in the department's custody with all information from the department's records and from other records to which the department has access where such information is necessary for the surrogate parents to properly advocate for the children.
38 On page 19, delete lines 25 and 26 in their entiretyand insert the following:
In any child custody proceeding, after the issue has been raised of the potential existence of a relevant departmental record concerning the abuse or Page 9 of 22 Coding:
"and to local or state law enforcement, regardless of the alleged perpetrator." AMENDMENT NO.
Words which are struck through are deletions from existing law;
39 On page 19, delete line 29 in its entirety AMENDMENT NO.
words in boldface type and underscored are additions.
40 On page 20, delete lines 1 and 2 in their entiretyand insert the following:
SB NO.
"(3) Law enforcement shall begin an investigation" AMENDMENT NO.
237 ENROLLED neglect of a child who is the subject of that proceeding, the judge may contact the local child protection unit to determine if such a record exists.
41 Onpage20, deleteline7 in itsentiretyandinsert"bereferredtotheDepartmentofChildren and Family Services.
If the department has asubstantiatedreportpursuanttoChildren'sCodeArticle615(B)(1)through(3),the local child protection unit shall verbally advise the judge that such report is in the possession of the unit.
The" AMENDMENT NO.
If the court finds that information which maybe contained in the report is necessaryfor an issue before the court, the court may order the release of such information.
42 On page 21, line 24 change "shall" to "may" AMENDMENT NO.
If the report was unsubstantiated, such records shall be sealed and accessible only pursuant to Children's Code Article 615.
43 On page 21, line 26, after "If" and before "during" insert a comma "," Page 6 of 8 CODING:
(2) Information furnished to the department by persons, governmental agencies, or other legal entities when such furnisher of information is subject to a confidentiality statute or regulation which prohibits release of such information to an outside source, and.
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
* * * (8)(a) Case records involving investigation of reports of child abuse and neglect shall be confidentialinorderto protecttherights ofthe child and his parents or guardians.
HFASB237 4465 6320 AMENDMENT NO.
Information contained in such records shall only be made available as provided in this Section or applicable state or federal laws or regulations.
44 On page 22, delete lines 1 and 2 in their entiretyand insert the following:
(b) The department shall not disclose identifying information concerningan individual who initiated a report or complaint of alleged child abuse or neglect, except that the department shall disclose such information:
"practitionerofphysicalabuseofachildwhoisnotincustodyofthestate,attherequestand expense of the child's parent or caregiver, the department shall" AMENDMENT NO.
(i) To law enforcement involved in the investigation of a report or complaint.
45 On page 22, delete lines 18 and 19 in their entiretyand insert the following:
(ii) Pursuant pursuant to a court order after such court has reviewed, in camera, the department's case record and finds reason to believe that the reporter knowingly made a false report.
"C.
(9) Notwithstanding any other provision of this Section, limited public disclosure of summary information contained in the child abuse or neglect records of the Department of Children and Family Services may be made as follows:
All interviews of the child or his parents conducted in the course of a child protective investigation shall be recorded tape-recorded, if requested by the parent or parents recorded." AMENDMENT NO.
(a) When there has been a child fatality or near fatality in which abuse or neglect was medically determined by an examining physician to be a contributing Page 10 of 22 Coding:
46 On page 23, delete lines 18 through 20 in their entirety and insert the following:
Words which are struck through are deletions from existing law;
"Section 6.
words in boldface type and underscored are additions.
Pursuant to R.S.
SB NO.
49:193, the Department of Children and Family Services and the statutory entities made a part of the department bylaw shall be re-created effective June 30, 2026, and all statutoryauthoritytherefor is continued in accordancewith theprovisionsofPartXIIofChapter1ofTitle49oftheLouisianaRevisedStatutesof1950.
237 ENROLLED factor in the cause of death or near fatality.
Section7.
For purposes of this Paragraph, "near fatality" means an act as certified by the physician who examined the child which placed the child in serious or critical condition.
AllstatutoryauthorityfortheexistenceoftheDepartmentofChildrenand Family Services and the statutory entities made a part of the department as re-created by Section 6 of this Act shall cease as of July 1, 2029, pursuant to R.S.
* * * (e)Thedepartmentshallnotpubliclydiscloseanyinformationconcerningthe individual initiating a report or complaint.
Providing information to law enforcement for purposes of investigating a report or complaint shall not be considered publicly disclosing the information.
* * * (g) Nothing in this Paragraph shall limit the authority of the department to disclose requested information to the parent or guardian of an abused or neglected child as otherwise provided by law, unless the parent or guardian is the alleged perpetrator or living with or in a relationship with the alleged perpetrator.
* * * (10)(a) Upon written request, the department shall disclose limited information contained in child abuse or neglect records or reports to the following:
(i) An examining physician healthcare provider of a child whom he reasonably believes has been abused or neglected.
(ii)Acommitteeorsubcommitteeofthelegislaturewhichhassubjectmatter jurisdiction over child protection legislation according to the rules of the respective house, provided that such information is reviewed in closed session and kept confidential.
(iii) The executive director of a daycare center an early learning center or residential provider, provided that the use of such information is limited to a confidential employee disciplinary investigation of alleged abuse or neglect of a child within that facility and the employee who is the subject of the disciplinary investigation is the subject of the requested information.
However, the department shall have the authorityto fine, revoke,or suspendthelicenseof anydaycarecenter or residential provider, after due notice and a hearing, if the executive director releases the confidential information to an unauthorized person or persons.
The Page 11 of 22 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
237 ENROLLED proceedings shall be conducted in accordance with rules and regulations to be promulgated by the department.
(iv) The attorney who represents the child, the day care early learning center, or an employee of the day care early learning center.
* * * Section 5.
Children's Code Arts.
508, 511(D), 609(A)(3), 610(A)(4)(a) and (D) through(H),612(A),(B),and(C),619(A)(1),620(A),and725.5(A)areherebyamendedand reenactedandChildren'sCodeArts.512(E),524(B)(13),and603(17)(p)and(33)arehereby enacted to read as follows:
Art.
508.
Multidisciplinary investigative team;
scope of responsibility A.NotlaterthanFebruary15,2004,aAmultidisciplinaryinvestigativeteam shall be established for the investigation of child abuse within each judicial district.
B.
The team shall be responsible for the investigation of all child sexual abuse cases, abuse and neglect cases involving allegations of the commission of a felony-grade crime against a child, and any other case involving trauma to a child, in accordance with their agency scope of services, which is referred to the team by any member and accepted by the team for investigation in compliance with the interagencyprotocols developed and instituted in accordance with Articles 509 and Article 510 of this Part.
C.AnychildforwhomtheDepartmentofChildrenandFamilyServices or law enforcement has received a report of suspected sexual abuse or severe physical abuse shall be referred to a child advocacy center for a forensic interview in accordance with interagency protocols.
The department or law enforcement agency shall notify the child advocacy center within seventy-two hours of receiving the report and the child advocacy center shall notify members of the appropriate multidisciplinary team within twenty-four hours.
Every child advocacy center shall accept referrals from both the department and law enforcement.Themultidisciplinary teamshall meettoreviewany case inwhichaforensicinterviewhasoccurred.Lawenforcementorthedepartment shall not close a case in which a forensic interview has occurred prior to the Page 12 of 22 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
237 ENROLLED multidisciplinary team review.
C.D.
Each team shall develop and institute interagency protocols in accordance with Articles 509 this Article and Article 510 of this Part and shall update the protocols as necessary.
* * * Art.
511.
Forensic interviewer;
qualifications * * * D.
The cost of employing and training the forensic interviewer is to be decidedon in the interagencyprotocols developed and instituted in accordancewith Articles 509 and Article 510 of this Part, and is not the responsibility of member agencies unless agreed to in the protocols.
Art.
512.
Composition of the multidisciplinary investigative team * * * E.EachgovernmentalentityprovidedforinParagraphBofthisArticle shall have a representative in attendance at each multidisciplinary team meeting.
Each child advocacy center shall submit the attendance records for each multidisciplinary team in the center's jurisdiction to the attorney general everysixmonths.
The attorneygeneralshall reviewtherecordsforcompliance with this Article and shall notify any agency that is out of compliance.
* * * Art.
524.
Responsibilities * * * B.
A child advocacycenter shall be governed and managed so as to provide at a minimum, for the following:
* * * (13)Specializedpoliciesforconductingforensicinterviewswithchildren with disabilities or children who require special accommodations.
* * * Art.
603.
Definitions As used in this Title:
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SB NO.
237 ENROLLED * * * (17) "Mandatory reporter" is any of the following individuals:
* * * (p) A court-appointed supervised visit monitor.
* * * (33)"Nearfatality"meansanactthat,ascertifiedbyaphysician,places the child in serious or critical condition.
* * * Art.
609.
Mandatory and permitted reporting;
training requirements A.
With respect to mandatory reporters:
* * * (3)(a) To familiarize mandatory reporters, as defined by Children's Code Article603,withtheirlegalmandateforreportingsuspectedchildabuseandneglect, such mandatory Mandatory reporters shall be offered training on the statutory requirements and responsibility of reporting child abuse and neglect and how to identify the signs and symptoms of child neglect and abuse, including sexual abuse and human trafficking.
This The training shall be made available by the child welfare division of the Department of Children and Family Services or any other mechanism as approved by the department as long as it includes information on the reporting procedure and the consequences of failing to report.
The department may provide for an annual competency assessment which may be used for training purposes.
(b)Eachmandatoryreportermayobtainmandatoryreportingtrainingaseach mandatoryreporterbelievestobenecessaryinaccordancewithSubsubparagraph(a) or (d) of this Subparagraph.
(c)(b) The appropriate state regulatory department, board, commission, or agency for each category of mandatory reporter may shall provide continuing education credit for the completion of the training pursuant to this Paragraph.
(d)(c) Any entity, including but not limited to hospitals, educational and religious institutions, and nonprofits, may provide its employees, volunteers, or Page 14 of 22 Coding:
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SB NO.
237 ENROLLED educational attendees with equivalent training pursuant to Subsubparagraph (a) of this Subparagraph.
* * * Art.
610.
Reporting procedure;
reports to the legislature and the United States Department of Defense Family Advocacy Program A.
A reporter shall immediately report suspected child abuse or neglect or that child abuse or neglect was a contributing factor in a child's death in the following ways:
* * * (4) Reports to the department shall be made as follows:
(a) A mandatory reporter shall make a report of suspected abuse or neglect requiring immediate assistance via the designated state child protection reporting hotline telephone number.
A report of suspected abuse or neglect which is of a nonemergencynaturemaybereportedviatheLouisianaDepartmentofChildrenand Family Services Mandated Reporter Portal.
Reports may also be made in person at any child welfare office.
In receiving any report of child abuse or neglect, the department or law enforcement agency shall clearly inform the reporter that, unless the reporter requests anonymity, the department or law enforcement agency may contact the reporter directly to obtain further information during the investigation.
* * * D.
If the initial report was in oral form by a mandatory reporter, it shall be followedbyawrittenreportmadewithinfivedaysviatheonlineMandatedReporter Portal of the department or by mail to the centralized intake unit of the department attheaddressprovidedonthewebsiteofthedepartment;or,ifnecessary,tothelocal law enforcement agency.
The reporter mayuse a form for the written report, which shallbedeveloped,approved,andmadeavailablebytheDepartmentofChildrenand Family Services.
The form is optional and may be available electronically on the department's website.
E.D.(1) All reports made to any local or state law enforcement agency Page 15 of 22 Coding:
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SB NO.
237 ENROLLED involving abuse or neglect in which an individual provided for in Subparagraph (A)(1) of this Article is believed responsible shall be reported to the department within twenty-four hours in accordance with Paragraph A of this Article.
(2)(a)Allreportsmadetothedepartmentinvolvingabuseorneglectinwhich someoneotherthananindividualprovidedforinSubparagraph(A)(1)ofthisArticle is believed to be responsible shall be reported to the appropriate law enforcement agency within twenty-four hours by telephone.
(b) The department also shall report all cases of child death which involve a suspicion of abuse or neglect as a contributing factor in the child's death to the localand statelawenforcementagencies,theofficeofthedistrictattorney,thestate child ombudsman, and the coroner.
(3) Reports involving a felony-gradecrime against a child shall be promptly communicated to the appropriate law enforcement authorities as part of the interagencyprotocolsformultidisciplinaryinvestigationsofchildabuseandneglect in each judicial district as provided in Articles 509 and Article 510.
(4) The department shall communicate as soon as possible all reports involving alleged child victims of sex trafficking to the Louisiana State Police for referral to the appropriate local law enforcement agency for investigation or other action as appropriate.
F.E.
Any commercial film or photographic print processor who has knowledge of or observes, within the scope of this professional capacity or employment, any film, photograph, video tape, negative, or slide depicting a child whoheknowsorshouldknowisundertheageofseventeenyears,whichconstitutes child pornography or child sexual abuse materials as defined in Article 603, shall report immediatelyto the local lawenforcementagencyhavingjurisdictionoverthe case.The reportershall provide a copyof the film, photograph, videotape, negative, or slide to the agency receiving the report.
G.F.(1) If a physician has cause to believe that a newborn was exposed in utero to an unlawfully used controlled dangerous substance, as defined by R.S.
40:961 etseq.,thephysicianshallorderatoxicologytest uponthenewborn,without Page 16 of 22 Coding:
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SB NO.
237 ENROLLED the consent of the newborn's parents or guardian, to determine whether there is evidence of prenatal neglect.
If the test results are positive, the physician shall issue a report, as soon as possible, in accordance with this Article.
If the test results are negative, all identifying information shall be obliterated if the record is retained, unless the parent approves the inclusion of identifying information.
Positive test results shall not be admissible in a criminal prosecution.
(2) If there are symptoms of withdrawal in the newborn or other observable and harmful effects in his physical appearance or functioning that a physician has causeto believe aredue to the chronic or severe use of alcohol bythe mother during pregnancy or are the effects of fetal alcohol spectrum disorder, the physician shall issue a report in accordance with this Article.
H.G.(1) All instances of alleged child abuse that occur in a school setting shall be immediately reported by the school to the child's parent or legal guardian and to local or state law enforcement, regardless of the alleged perpetrator.
(2) If more than one child is involved in the allegations, the school shall immediately report to the parent or legal guardian of all involved children.
(3) Law enforcement shall begin an investigation of the allegations within forty-eight hours of receiving the report.
(4) If more than one child is involved in the allegations, law enforcement shall interview the parent or legal guardian of all children involved.
(5) Any sexual abuse cases in which the alleged perpetrator is a child shall bereferredtotheDepartmentofChildrenandFamilyServices.Thedepartmentshall assessthefamilyofthechildvictim and the alleged child perpetratorto ensure child safety and well-being in accordance with Children's Code Article 612(A)(3).
(6) For purposes of this Article, the following definitions shall apply:
(a)"Schoolsetting"meansinaschoolbuilding,onschoolgrounds,inschool vehicles, or at any activities sponsored by a public, private, or charter school.
(b) "Sexual abuse" means the perpetration or attempted perpetration of 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.
I.H.(1) The provisions of this Paragraph shall be known and maybe cited as Page 17 of 22 Coding:
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SB NO.
237 ENROLLED The Alfred C.
Williams Child Protection Act.
* * * Art.
612.
Assignment of reports for investigation and assessment A.(1) Upon receivinga report of abuse or neglect of a child who is not in the custodyofthe state, the local child protection unit of, the department shall promptly immediatelyassignalevelofriskto thechild based ontheinformationprovidedby the reporter.
(2)Reportsofhighriskshallbeinvestigatedimmediatelyandintermediate levels of risk shall be investigated promptly.
This investigation shall include a preliminary investigation as to the nature, extent, and cause of the abuse or neglect and the identity of the person actually responsible for the child's condition.
This preliminary investigation shall include an inquiry as to whether there is reason to know that the child is an Indian child.
This preliminary investigation shall also includeaninterviewwiththechildandthechild'sparentsorothercaretakerandshall include consideration of all available medical information provided to the department pertaining to the child's condition.
If the report is of sexual abuse, the preliminaryinterviewwiththechildshallonlybetoassesstheimmediatesafety of the child and a forensic interview at a child advocacy center shall be scheduled immediately.
This preliminary investigation shall also include an immediate assessment of any existing visitation or custody order or agreement involving the alleged perpetrator and the child.
The department shall request a temporary restraining order pursuant to Article 617, a protective order pursuant to Article 618, or an instanter safety plan order pursuant to Article 619 or 620 if the department determines that any previously ordered visitation or custody would put thechild'shealth,welfare,andsafetyatrisk.Admissionoftheinvestigatoronschool premises or access to the child in school shall not be denied by school personnel.
However, the request for a temporary restraining order or a protective order in accordancewiththisArticleshallnotindependentlyconferexclusivejurisdictionon the juvenile court in accordance with Article 303.
(3) In lieu of an investigation, reports of low levels of risk and reports from Page 18 of 22 Coding:
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SB NO.
237 ENROLLED law enforcement of child sexual abuse as provided for in Article 610 may be assessedpromptlythroughinterviewswiththefamilytoidentifyneedsandavailable matchtocommunityresources.Ifduringthisassessment,itisdeterminedthatachild isatimmediatesubstantialriskofharm,thelocalchildprotectionunitshallpromptly immediately conduct or participate in an intensive investigation.
(4)Anyreportsofsexualabuseinwhichtheallegedperpetratorisachild maybeassessedimmediatelythroughinterviewswithfamilyofthechild victim and the alleged child perpetrator to identify needs and available matches to community resources.
If, during this assessment, it is determined that a child is at immediate substantial risk of harm, the local child protection unit shall immediately conduct an intensive investigation.
(4)(5) During the investigation of a report from a treating health care practitioner of physical abuse of a child who is not in custody of the state, at the request and expense of the child's parent or caregiver, the department shall provide copies of all medical information pertaining to the child's condition or treatment obtained during the investigation to a board certified child abuse pediatrician for purposes of conducting an independent review of the information.
Any resulting report shall be provided to the department and to the child's parent or caretaker and shall be utilized in the department's ongoing assessment of risk and to determine what action may be necessaryto protect the health, welfare, and safety of the child.
Nothing in this Subparagraph shall be construed to prohibit granting an instanter removal order pursuant to Article 615(B).
B.
All persons, including without limitation mandatory and permissive reporters,shallcooperatefullywithinvestigativeprocedures,includingindependent investigations and psychological evaluations of the child initiated by the parent on behalf of the child.
The provisions of this Paragraph shall not require the disclosure ofanycommunicationsbetweenanattorneyandhisclientoranyconfessionorother sacred communication between priest, rabbi, duly ordained minister, or Christian Science practitioner and his communicant.
C.Allinterviewsofthechildorhisparentsconductedinthecourseofachild Page 19 of 22 Coding:
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SB NO.
237 ENROLLED protective investigation shall be recorded tape-recorded, if requested bythe parent or parents recorded.
* * * Art.
619.
Instanter custody orders;
instanter safety plan orders A.(1) A peace officer, district attorney, or employee of the local child protection unit of the department may file a verified complaint alleging facts showing that there are reasonable grounds to believe that the child is in need of care and that emergency removal or the implementation of a safety plan is necessary to secure the child's health, welfare, and safety.
The department shall request instantercustodyof any child thatisinthecustodyofanotherstateandlocated in Louisiana until thechild canbereturnedto the state of original jurisdiction.
* * * Art.
620.
Oral instanter orders A.(1) In exceptional circumstances, the facts supporting the issuance of an instanter order and the exceptional circumstances may be relayed orally, including telephonically,tothejudge,andtheorderdirectingthatachildbetakeninto custody or, upon request bythe state, thataninstantersafetyplanorderbeimplemented may be issued orally.
(2) An oral instanter order may be executed if the department requests instantercustodyofanychildthatis in thecustody ofanotherstateandlocated in Louisiana until thechild can bereturned to the state of original jurisdiction.
* * * Art.
725.5.
Duties of the Department of Children and Family Services A.
The department shall be responsible for investigating reports of abuse or neglect where the abuser is believed to be a parent or caretaker, a person who maintains an interpersonal dating or engagement relationship with the parent or caretaker, or a person living in the same residence with the parent or caretaker as a spouse whether married or not as provided for in Article 610.
* * * Section6.
Pursuantto R.S.
49:193, theDepartmentofChildrenandFamilyServices Page 20 of 22 Coding:
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SB NO.
237 ENROLLED and the statutory entities made a part of the department by law shall be re-created effective June 30, 2026, and all statutory authority therefor is continued in accordance with the provisions of Part XII of Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950.
Section7.AllstatutoryauthorityfortheexistenceoftheDepartmentofChildrenand Family Services and the statutory entities made a part of the department as re-created by Section 6 of this Act shall cease as of July 1, 2029, pursuant to R.S.
However, the Department of Children and Family Services may be re-created prior to such date in accordancewith theprovisions ofPartXIIofChapter1ofTitle49oftheLouisianaRevised Statutes of 1950.
However, the Department of Children and Family Services may be re-created prior to such date in accordancewith theprovisions ofPartXIIofChapter1ofTitle 49oftheLouisianaRevised Statutes of 1950.
Termination of legislative authority for existence of statutoryentities;
Termination of legislative authorityfor existence of statutoryentities;
* * * (h) The Department of Children and Family Services and all statutory entities made a part of the department by law.
* * * (h) The Department of Children and Family Services and all statutory entities made a part of the department bylaw.
if vetoed by the governor and subsequently approved by the legislature, this Section and Sections 6 through 10 of this Act shall become effective on June 30, 2026, Page 21 of 22 Coding:
if vetoed by the governor and subsequently approved by the legislature, this Section and Sections 6 through 10 of this Act shall become effective on June 30, 2026, or on the day following such approval by the legislature, whichever is later.
Words which are struck through are deletions from existing law;
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SB NO.
HFASB237 4465 6320 Section 13.
237 ENROLLED or on the day following such approval by the legislature, whichever is later.
(A) The provisions of Sections 1 through 5 and 11 of this Act shall become effective January 1, 2027.
Section 13.(A) The provisions of Sections 1 through 5 and 11 of this Act shall become effective January 1, 2027.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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