Note:

Changes in the laws, rules and regulations since the 2001 edition of the LSBEP Directory and Statutory Reference book appear in boldface type in this 2002 edition.

Child Abuse, LA. R.S. 14:403 (Supp. 1988)

§ 403. Abuse of children; missing or abused children; reports; immunity; central registry; investigations; definitions; waiver of privilege; penalties

         A. Purpose. The purpose of this Section is to protect children whose physical or mental health and welfare are substantially at risk of harm by abuse, neglect, or sexual abuse, and may be further threatened by the conduct of those responsible for their care and protection or by any other person, by providing for either mandatory or permissive reporting by certain persons having reasonable cause to believe that any child is so endangered. It is the intention to provide professional screening of these reports which will minimize unnecessary interference with family privacy and yet, will authorize the protective and preventative intervention needed to safeguard and enhance the health and well being of the children. This Section shall be administered and interpreted to provide the greatest possible protection as promptly as possible for such children.

         B. Definitions. For the purpose of this Section, the following terms shall mean:

                (1) For the purpose of reporting, “abuse” is the infliction, by a caretaker or any other person, of physical or mental injury or the causing of the deterioration of a child, including, but not limited to, such means as sexual abuse, sexual exploitation, or the exploitation or overwork of a child to such an extent that his health, moral or emotional well being is endangered.

                (2) “Caretaker” is any person legally obligated to provide or secure adequate care for a child, including a parent, a paramour of the child’s parent residing in the same home as the child, tutor, guardian, legal custodian, foster home parent, an employee of a public or private day care center, or other person providing residential care.

                (3) “Child” is any individual under the age of eighteen years.

                (4) “Mandatory reporter” is any of the following individuals performing their occupational duties:

                        (a) “Health practitioner” is any individual who provides health care services, including a physician, surgeon, physical therapist, dentist, resident, intern, hospital staff member, podiatrist, chiropractor, licensed nurse, nursing aide, dental hygienist, any emergency medical technician, paramedic, optometrist, medical examiner, or coroner, who diagnoses, examines, or treats a child or his family.

                        (b) “Mental health/social service practitioner” is any individual who provides mental health care or social service diagnosis, assessment, counseling, or treatment, including a psychiatrist, psychologist, marriage or family counselor, social worker, aide, priest, rabbi, duly ordained minister, Christian Science practitioner, or other individual who provides counseling services to a child or his family. However, when a priest, rabbi, duly ordained minister or Christian Science practitioner has acquired knowledge of abuse or neglect from a person during a confession or other sacred communication, he shall encourage that person to report but shall not be a mandated reporter of that information given in confession or sacred communication.

                        (c) “Teaching or child care provider” is any person who provides training and supervision of a child, including any public or private teacher, teacher’s aide, instructional aide, school principal, school staff member, social worker, probation officer, foster home parent, group home or other child care institution staff member, personnel of residential home facilities, a licensed or unlicensed day care provider, or any other individual who provides such services to a child. (d) Police officers or law enforcement officials.

                        (e) “Commercial film and photographic print processor” is any person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides for compensation.

                (5) For the purpose of reporting, “neglect” is the failure by a caretaker to provide for a child the proper or necessary support or medical, surgical, or any other care necessary for his well-being. Whenever, in lieu of medical care, a child is being provided treatment in accordance with the tenets of a well-recognized religious method of healing which has a reasonable proven record of success, the child shall not for that reason alone be considered to be neglected or abused.

                (6) For the purpose of reporting, “person” or “persons” is any individual, partnership, association, agency, or corporation, and specifically shall include city, parish, or state law enforcement agencies, and a parish or city school board or a person employed by a parish or city school board.

                (7) For the purpose of reporting, “sexual abuse” is the involvement, use, aiding, tolerating, employment, persuasion, inducement, enticement, sexual exploitation, or coercion of any child to engage in, or having a child assist any other person to engage in, any sexual activity which is a crime under the laws of this state or which is for the purpose of producing any visual depiction of such conduct.

                (8) For the purpose of reporting, “child pornography” is visual depiction of a child engaged in actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse or lewd exhibition of the genitals.                         

         C. Mandatory and Permissive Reporting.

                (1) Any mandatory reporter who has cause to believe that a child’s physical or mental health or welfare is endangered as a result of abuse or neglect or sexual abuse or that abuse or neglect or sexual abuse was a contributing factor in a child’s death shall report in accordance with Subsection D of this Section.

                (2) Any other person having cause to believe that a child’s physical or mental health or welfare is endangered by abuse or neglect or sexual abuse may report in accordance with Subsection D of this Section.

         D. Reporting Procedure.

                (1) Reports of child abuse, neglect, or sexual exploitation or that such was a contributing factor in a child’s death, where the abuser is believed to be a caretaker shall be made immediately to the local child protection unit of the Department of Social Services. Reports in which the abuser is believed to be someone other than the caretaker and the victim’s caretaker is not believed to have any responsibility for the abuse, neglect, or sexual abuse shall be made immediately to the law enforcement agency.

                (2) The report shall contain the following information if known:

                        (a) The name, address, age, sex, and race of the child.

                        (b) The nature, extent, and cause of the child’s injuries or endangered condition, including any previous known or suspected abuse to this child or the child’s siblings.

                        (c) The name and address of the child’s parent or other caretaker.

                        (d) The child’s family composition.

                        (e )The name and address of the reporter.

                        (f )An account of how this child came to the reporter’s attention.

                        (g) Any explanation of the cause of the child’s injury or condition offered child, the caretaker, or any other person.

                        (h)  Any other information which the reporter believes might be important or relevant.

                (3) The report may also name the person or persons who are thought to have caused or contributed to the child’s condition.

                (4) If the initial report was in oral form by a mandatory reporter, it shall be followed by a written report made within five days to the local child protection unit of the department, or if necessary to the local law enforcement agency.

                (5) All reports received by any local or state law enforcement agency involving abuse, neglect, or sexual abuse in which the child’s caretaker is believed responsible shall be referred to the local child protection unit of the department. A local child protection unit shall refer abuse, neglect, or sexual abuse cases not involving a caretaker to the local and state enforcement agency and also shall report all cases of child death which involve a suspicion of abuse, neglect, or sexual abuse as a contributing factor in the child’s death to the local and state law enforcement agencies, the office of the district attorney, and the corner.

               (6) Any commercial film or photographic print processor who has knowledge of or observes, within the scope of his professional capacity or employment, any film, photograph, video tape, negative, or slide depicting a child who he knows or should know is under the age of seventeen years engaged in actual or simulated sexual intercourse, deviate sexual intercourse, sexual beastiality*,  masturbation, sadomasochistic abuse or lewd exhibition of the genitals shall report immediately to the local law enforcement agency having jurisdiction over the case. The reporter shall provide a copy of the film, photograph, video tape, negative or slide to the agency receiving the report.

         E. Immunity from Civil or Criminal Liability. No cause of action shall exist against any person in good faith who makes a report, cooperates in an investigation by an agency, or participates in judicial proceedings authorized under the provisions of this Section, or any caseworker who in good faith conducts an investigation, makes an investigative judgment or disposition, or releases or uses information contained in the central registry for the purpose of protecting a child and such person shall have immunity from civil or criminal liability that otherwise might be incurred or imposed. This immunity shall not be extended to:

                (1) Any alleged principal, conspirator, or accessory to an offense involving the abuse or neglect or sexual exploitation of the child; or

                (2) Any person who makes a report known to be false or with reckless disregard for the truth of the report.

         F. Suspension of Privileges. In any proceeding concerning the abuse or neglect or sexual abuse of a child or the cause of such condition, evidence may not be excluded on any ground of privilege, except in the case of communications between an attorney and his client or between a priest, rabbi, duly ordained minister or Christian Science practitioner and his communicant, as provided in Subsection B of this Section.

         G. Investigation and Dispostion* of Reports.

                (1) For the purpose of screening and investigation, the following terms shall mean:

                        (a) “Child abuse or neglect” is any condition presenting a substantial risk of harm to a child’s health or welfare as a result of conditions apparently created or tolerated by his parent or caretaker.

                        (b) “Sexual abuse” or “exploitation” is the involvement of the child in any sexual act with a parent or caretaker, or the aiding or toleration by the parent or the caretaker of the child’s sexual involvement with any other person or of the child’s involvement in child pornography or any other involvement of a child in sexual activity which is a crime under the laws of this state.

                (2)   (a) Upon receiving a report of sexual abuse, abuse, or neglect of a child who is not in the custody of the state, the local child protection unit shall promptly make an investigation in order to ascertain whether child abuse or neglect or sexual abuse has occurred.

                        (b)         (i) This investigation shall include a preliminary investigation as to the nature, extent, and cause of the abuse, neglect, or sexual abuse and the identity of the person or persons actually responsible for the child’s condition. The preliminary investigation shall include an interview with the child and his parent or parents or other caretaker.

                                 (ii) If admission to the home, school, or any other place where the child may be cannot be obtained, the investigator shall apply to the court with juvenile jurisdiction for an order authorizing an entry for investigation. Upon affidavit and with good cause shown, the court shall order the parent or other caretaker or the person or persons in charge of any place where the child may be to permit the entry for an interview or other investigation of the report.

*In par. (6) of subsec. D or R.S. 14:403 as set forth in Act 437, “beastiality” is as it appears in the enrolled bill.

*In the heading of subsec. G or R.S. 14:403 as set forth in Act 437, “Dispostion” is as it appears in the enrolled bill.

                                 (iii) All persons, including without limitation mandatory and permissive reporters, shall cooperate fully with investigative procedures. The provisions of this Paragraph shall not require the disclosure of any communications between an attorney and his client or any confession or other sacred communication between a priest, rabbi, duly ordained minister, or Christian Science practitioner and his communicant.

                        (c) Upon determination that there is reason to believe that the child has been abused or neglected or sexually abused by a parent or parents or other caretaker, the local child protection unit shall conduct a more intensive investigation. If necessary, the investigator may also apply for an order from the court with juvenile jurisdiction for a physical, psychological, or psychiatric examination of the child, other children in the home, or the parent, parents, or caretaker to permit such examinations. Upon affidavit and with good cause shown, the court shall order the parent, parents, or caretaker to permit such examination.

                        (d) In determining the disposition of the report, the agency shall take into account, in mitigation, the possibility of accidental injury or condition, or that the injury resulted from what might be considered a reasonable exercise of discipline for the child’s misbehavior.

                        (e) After investigation, the local child protection unit shall make one of the following determinations:

                                 (i) The child appears to be a child in need of care and his immediate removal is necessary for his protection from further abuse or neglect, in which case, whenever such extraordinary justification arises, it shall apply for an emergency removal order authorized by the Code of Juvenile Procedure and shall notify the district attorney as soon as possible.

                                 (ii) The report appears to be justified, in that there is evidence of child abuse or neglect or sexual abuse, in which case it shall report all pertinent information to the district attorney for evaluation of whether a child in need of care petition should be filed in the court with juvenile jurisdiction.

                                 (iii) There is some need for medical, mental health, social, or other services to be provided to the child, his family, or his caretaker, in which case it shall make all appropriate referrals for such services.

                                 (iv) The report is inherently improbable, involves an accidental injury or otherwise does not constitute child abuse or neglect or sexual abuse.

                                 (v) The report was false and the investigation indicates the reporter knowingly made a false report.

                (3) When the report concerns a facility under the supervision of the Department of Social Services, the secretary of the department may assign the duties and powers enumerated in Paragraph (2) of this Subsection to any office within the department to carry out the purposes of this Section or may enter into cooperative agreements with other state agencies to conduct investigations in accordance with Paragraph (2).

         H. Central Registry.

                ( 1 ) The Department of Social Services shall establish and maintain a central registry of all reported cases. Among other uses, the purpose of a central registry is to provide information of past reports of child abuse or neglect or sexual abuse for the proper evaluation of current cases of suspected abuse or neglect or sexual abuse of children and it is also established in order to effect a national registration system.

                 (2) All records of reports of child abuse or neglect are confidential. The department shall promulgate rules regarding the maintenance, deletion, and release of information in the central registry, determined by the types of dispositions made pursuant to R.S. 14:403(G)(2)(e).

         I. Crimes.

                (1) Any person who, under R.S. 14:403(C)(1), is required to report the abuse or neglect or sexual abuse of a child and knowingly and willfully fails to so report shall be guilty of a misdemeanor and upon conviction shall be fined no more than five hundred dollars or imprisoned for not more than six months, or both.

                (2) Any employee of a local child protection unit of the Department of Social Services, any employee of any local law enforcement agency, or any employee or agent of any state department who knowingly and willfully violates the provisions of this Section, or who knowingly and willfully obstructs the procedures for receiving and investigating reports of child abuse or neglect or sexual abuse, or who discloses without authorization confidential information about or contained within such reports shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.