LOUISIANA

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WHO:        (1) ANY person MAY report who has cause to believe that a child’s health is endangered as a result of abuse or neglect. [Children’s Code Art. 609(B)]

These are mandatory (MUST report): • Health practitioners, including physicians, surgeons, physical therapists, dentists, residents, interns, hospital staff, podiatrists, chiropractors, nurses, nursing aides, dental hygienists, emergency medical technicians, paramedics, optometrists, medical examiners, or coroners • Mental health/social service practitioners, including psychiatrists, psychologists, marriage or family counselors, social workers, members of the clergy, or aides • Members of the clergy, including priests, rabbis, duly ordained clerical deacons or ministers, Christian Science practitioners, or other similarly situated functionaries of a religious organization • Teaching or child care providers, including public or private teachers, teacher’s aides, instructional aides, school principals, school staff members, bus drivers, coaches, professors, technical or vocational instructors, technical or vocational school staff members, college or university administrators, college or university staff members, social workers, probation officers, foster home parents, group home or other child care institutional staff members, personnel of residential home facilities, daycare providers, or any individual who provides such services to a child in a voluntary or professional capacity • Police officers or law enforcement officials • Commercial film and photographic print processors • Mediators • Parenting coordinators • Court-appointed special advocates • Organizational or youth activity providers, including administrators, employees, or volunteers of any day camp, summer camp, youth center, or youth recreation programs or any other organization that provides organized activities for children • School coaches, including, but not limited to, public technical or vocational school, community college, college, or university coaches and coaches of intramural or interscholastic athletics.  [Children’s Code Art. 603(17)]

·       NOTE: Except concerning newborns at birth, the mandates are not limited by observations made at work: they concern observations made at any time.

·       STANDARDS:  [Children’s Code Art. 603(6); 609(A)(1),(B); 610(F),(G)]  Child means under age 18 and not emancipated judicially or by marriage.

                              (1)      Any mandatory reporter: cause to believe that (a) a child's physical or mental health or welfare is endangered as a result of abuse or neglect OR (b) abuse or neglect was a contributing factor in a child's death.

                              (2)      Commercial film & photo processor: knows or observes child porn in any film, photo, video, negative, or slide; and knows (or should) that the child is age <17.

                              (3)      Physician (I): cause to believe that during pregnancy a newborn was exposed to an unlawfully used controlled dangerous substance. [Must order lab tests].

                              (4)      Physician (II): observing a newborn’s withdrawal symptoms or other harmful effects due to the mother’s suspected chronic / severe prenatal alcohol use. 

                              (5)      Any reporter (permissive): cause to believe that a child’s health is endangered as a result of abuse or neglect.

·       PRIVILEGE: (1) Clergy-penitent privilege; (2) Attorney-client privilege, as to judicial proceedings; (3) Mental health / social service practitioner, IF: (a) the child’s attorney engaged them; (b) the reportable info arises in that context; AND (c) the practitioner documents reportable info [it must be retained until 1 year after the child’s age of majority]. But (4) there is NO privilege at all if there is cause to believe that abuse or neglect endangers the child’s physical health or welfare, or contributed to the child’s death.  [Children’s Code Art. 603(17)(b),(c); 609(A)(1); Rev. Stat. 14 § 403(B)]

WHEN:      For mandatory reporters: (1) IMMEDIATE oral or written report; (2) written report within 5 DAYS if the original report was oral.  [Children’s Code Art. 609; 610(D)]

WHERE & HOW:  Reports are made by the type of reporter, incident, and perpetrator.

EMERGENCIES:                                                        Dial 911;

Some Louisiana law enforcement agencies also accept child abuse and neglect reports at 911. If the local dispatcher does not, report afterward in the usual way.

FOR NON-MANDATORY (“PERMITTED”) REPORTERS  [Children’s Code Art. 610(A)(1)]

o    Hotline (toll-free, 24/7, confidential):             1-855-452-5437  (1-855-4LA-KIDS)

o    In-person at any child welfare office (Dept. of Children & Family/ies [Services]):     

(a)   See directory and links at:      http://www.dcfs.louisiana.gov/directory

MANDATED REPORTS TO LAW ENFORCEMENT 

o    Non-caregiver:  Report IMMEDIATELY to LOCAL or STATE law enforcement if a perpetrator is believed to be a non-caregiver, and the caregiver is thought to have no responsibility for it.  (Redundant reports to the hotline are permitted.)  [Children’s Code Art. 610(A)(1)]

o    Child porn:  Commercial film & photo processors report child porn (under age 17) IMMEDIATELY to the LOCAL law enforcement agency, and MUST provide a copy of the film, photo, video, negative, or slide.  [Children’s Code Art. 610(F)]

o    For local law enforcement, see directory:                 https://www.usacops.com/la/ 

o    For Louisiana State Police, see directory:            http://www.lsp.org/contact.html  

or LSP HQ general information:                     1-225-925-6006

MANDATED REPORTS TO DEPARTMENT OF CHILD & FAMILY SERVICES (DCFS)           

o    Abuse or neglect by a caregiver or co-resident: (a) a caregiver, (b) their fiancée or date, or (c) anyone else residing with the child.  [Children’s Code Art. 610(A)]

(a)   Mandated initial reports are immediate, oral or in writing. If oral, a written (i.e., online or mailed) report follows within 5 days.  [Children’s Code Art. 610(D)]

(b)   If abuse or neglect by a caregiver or co-resident is suspected for a child’s DEATH, reports are made to DCFS as for others. [Children’s Code Art. 610(A)]

o    Prenatal substance abuse:  [Children’s Code Art. 610(G); 1086.11(A); 40.961 ff.]

(a)   Physicians must fax a notice for a newborn’s withdrawal symptoms or harmful effects on physical appearance or functioning on Form 102, in PDF (manual) or MS Word with instructions, at http://www.dcfs.louisiana.gov/page/481 ; forms should be faxed to “DCFS Centralized Intake” at (225) 342-7768.

(b)   Physicians must ALSO report on the hotline if: (a) lab tests are positive for prenatal controlled substance abuse; (b) the hospital discharges the newborn before lab results are known; or (c) the newborn exhibits withdrawal symptoms or other harmful effects from the mother’s chronic or severe alcohol use.

o    Hotline (toll-free, 24/7, confidential):             1-855-452-5437  (1-855-4LA-KIDS)

o    Online reporting (allowed for mandated reporters in non-emergencies):            

(a)   https://mr.dcfs.la.gov/c/MR_PortalApp.app

(b)   This must NOT be used for an initial report on: (a) a child fatality; (b) drug-exposed newborn; (c) human trafficking; (d) life-threatening injury; (e) safe haven (for dropping off children age < 60 days); (f) sexual abuse with perpetrator access in the home; or (g) emergencies.

o    Mail-in reports [non-emergencies]: uses optional CPI-2 form (print and fill in) that is linked at http://www.dcfs.louisiana.gov/page/556#intake . Mail the report to:

(a)   DCFS Centralized Intake, P.O. Box 3318, Baton Rouge, LA 70821

o    Faxes to DCFS do NOT fulfill a duty to report.  [Children’s Code Art. 610(A)(3)]

o    More Info:  http://www.dcfs.louisiana.gov/page/reporting-child-abuse-neglect

o    Online Training for mandatory reporters: https://moodle.lcwta.org/login/index.php   and questions can be emailed to support@lcwta.org .

OTHER INFORMATION

·       REPORT DETAILS: MUST contain, if known for the child: (1) name, address, age, sex, and race; (2) nature and extent of injuries or endangered condition, with previous known or suspected abuse of him/her or siblings; (3) names and addresses of parents or other caregivers; (4) names and ages of all other household members; (5) reporter’s name and address; (6) how s/he came to the reporter’s attention; (7) explanations of the injury or condition by him/her, the caregiver, or others; (8) how many times the reporter has reported on him/her or siblings; (9) other info the reporter believes may be important or relevant; (10) person(s) thought to have caused or contributed to the condition, and anyone the child names;.  [Children’s Code Art. 610(B),(C)]

·       REPORTER PROTECTION:  (1) The reporter MUST provide his/her name & address.  [Children’s Code Art. 610(B)]  (2) DCFS must not disclose his/her identity except by a court order after reason to believe the report was false.  [Rev. Stat. § 46:56(F)(8)(b)]  (3) Reporters in good faith are immune from civil and criminal liability; but there is no immunity for: (a) alleged principals, conspirators or accessories, or (b) reports that are knowingly false or recklessly disregarding truth.  [Children’s Code Art. 611(A),(B)] 

WHY:        (1) Knowing, willfully failing to make a mandated report has a < $500 fine and/or < 6 months imprisonment.  BUT, (2) Failing to make a mandated report of sexual abuse, serious bodily injury, neurological impairment, or death of the child has a < $3,000 fine and/or < 3 years imprisonment with or without hard labor. AND (3) ANYONE aged 18 or more who witnesses sexual abuse of a child but knowingly, willfully fails to report it to law enforcement or DCFS as required by law has a < $10,000 fine and/or < 5 years imprisonment with or without hard labor.  (4) A knowingly false report of child abuse, neglect, or sexual abuse to DCFS or any law enforcement agency has a < $500 fine  and/or < 6 months imprisonment.  [Children’s Code Art. 609(A)(2),(C); Rev. Stat. § 14:403]

·        Serious bodily injury includes but is not limited to: (a) protracted, obvious disfigurement;  (b) protracted loss or impairment of function of a bodily member, organ, or mental faculty; (c) substantial risk of death; or (d) injury by starvation or malnutrition.

WHAT:      Louisiana defines child abuse as: inflicting serious physical, mental or emotional danger; exploitation (including sexual and nonsexual labor); overwork; and sexual abuse (including coerced abortion). Louisiana defines child neglect as non-provision; this includes prenatal substance abuse and encompasses abandonment.   [Ch. Code Art. 603(2),(18)]    

Initial Screening Criteria: (1) cause to believe that a (2) substantial risk of harm (3) seriously endangers a child’s physical, mental, or emotional health OR that abuse or neglect already happened.  [Children’s Code Art. 612; Admin. Code tit. 67, § 1301(A),(B)]

·        EXAMPLES of sufficient cause include: (a) first-hand info on an injury; and (b) other evidence of an injury by photos, witness names, medical reports, or police reports.

·        DCFS investigates information or other evidence that the child’s caregiver’s action or inaction was responsible; law enforcement investigates other suspected perpetrators.

Reportable: (1) anyone for physical or mental or emotional abuse, exploitation (for sexual or nonsexual labor), overwork, sexual abuse, coerced abortion, female genital mutilation, or sexual trafficking; (2) a parent or caretaker for most neglect and for abandonment; or (3) the birth mother for prenatal substance abuse.  [Children’s Code Art. 603(2),(18)] 

·        Caretaker (= caregiver) means any person legally obligated to provide or secure adequate care for a child, including: parent; tutor; guardian; legal custodian; foster parent; public or private daycare center employee; registered family daycare home operator or employee; or other person housing the child.  [Children’s Code Art. 603(4)] 

Abuse means any of the following (a) acts that (b) seriously endanger (c) a child’s (d) physical, mental, or emotional health and safety:  [Children’s Code Art. 603(2)]  Here mental abuse is an act and mental injury is an effect. The terms mental and emotional are treated as separate for health and safety but are not distinguished.

(A)     Physical or mental abuse: (a) a parent or anyone else (b) inflicts, attempts, or (by inadequate supervision) allows (c) physical or mental injury upon (d) the child.

(B)     Exploitation: (a) a parent or anyone else (b) exploits or overworks (including but not limited to commercial sexual exploitation) (c) the child.

(C)     Sexual abuse: (a) a parent or anyone else (b) involves the child in any sexual act or aids or tolerates anyone else to involve the child in: (i) a sexual act with anyone, (ii) pornographic displays, or (iii) any sexual activity that is a crime in the state.  [Children’s Code Art. 603(8),(9),(9.1),(12)]

(1)     CONTEXT: THE AGE OF CONSENT is 17. But a child age 13, 14, 15, or 16 can consent to a partner in the same age range (13-16) or a partner no more than 2 years older than self. There is an exception for underage spouses. Slight anal, oral, or vaginal penetration consummates the act; no emission is necessary. Not knowing the other’s age is not a defense.  [Rev. Stat. tit. 14, §§ 80; 80.1]

(2)     CONTEXT: INCEST is marriage or sexual intercourse knowing that the partner is one’s: (a) ascendant [sic] or descendant; (b) brother or sister; (c) uncle or niece or aunt or nephew. The relationship is by consanguinity, whether by whole or half blood. Exempt: a couple lawfully married elsewhere, if (at least) one of the persons was not a Louisiana resident, and they moved.  [Rev. Stat. tit. 14, § 89]

(3)     COMMERCIAL SEXUAL EXPLOITATION traffics a child for sexual purposes or any prostitution-related offense, including among others: child porn; computer solicitation of a minor; patronizing a child prostitute; sodomy; or bestiality.

(4)     CHILD PORN depicts: actual or simulated intercourse, deviate intercourse, bestiality, masturbation, sadomasochism, or lewd exhibit of genitals.

(D)     Coerced abortion: conducted upon a child.

(E)     Sexual mutilation: female genital mutilation (knowingly, or allowed by a caretaker, or removing the child from the state for that purpose).

(F)     Other: a Crime against the Child under other federal or state statutes is abuse under Louisiana law: e.g., actual or attempted: a) homicide; (b) battery; (c) assault; (d) rape; (e) sexual battery; (f) kidnapping; (g) criminal neglect; (h) criminal abandonment; (i) carnal knowledge; (j) [deleted]; (k) indecent behavior; (l) child porn; (m) molestation; (n) crime against nature [sodomy; bestiality]; (o) cruelty; (p) contributing to delinquency or dependency; (q) sale of child; (r) human trafficking; (s) sexual trafficking; or (t) female genital mutilation.  [Children’s Code Art. 603(12)] 

Neglect is (a) a parent or caretaker’s (b) refusal or unreasonable failure to supply (c) necessary food, clothing, shelter, care, treatment, or counseling for an injury, illness, or condition of the child, as a result of which (d) his/her physical, mental, or emotional health & safety is substantially threatened or impaired:  [Children’s Code Art. 603(18),(19),(24)]

(A)     Prenatal neglect means: (1) exposure to chronic or severe use of alcohol; (2) unlawful use of a controlled dangerous substance; or (3) use not as lawfully prescribed that results in a newborn’s: (3a) withdrawal symptoms; and/or (3b) body, blood, urine, or meconium having the substance or its metabolic derivative NOT due to medical treatment, and/or (3c) physical appearance with observable harmful effects. Newborn means < 30 days old, as determined by an examining physician.

(B)     Abandonment of a child is a crime against him/her.

(1)     CRIMINAL NEGLECT includes (i) desertion or willful nonsupport by (ii) either parent for (iii) 30 days when (iv) the child is in need.  [Rev. Stat. 14 § 74 at A.,B.]

(2)     CRIMINAL ABANDONMENT includes (i) a parent or legal guardian leaving a (ii) child under age 10 (iii) unattended and to his own care when (iv) evidence demonstrates there was no intent to return or supervise. [Rev. Stat. 14 §§ 79.1]

(a)      Criminal abandonment also concerns older children who have a disability, where a compensated caregiver intentionally physically abandons them.

(b)      Exception: Louisiana has a “Safe Haven” rule that permits handing off an infant < 60 days old to officials provisionally (30-day reclamation option, from local DCFS office), and giving anonymous care info (toll-free, 1-800-CHILDREN (1-800-244-5373)). Authorized intake sites are licensed hospitals, medical clinics, manned fire stations, manned law enforcement stations, etc. A directory link is at http://www.dcfs.louisiana.gov/page/206, or caregivers can call 911 or the hotline above. For more info, see http://www.dss.state.la.us/page/223 .  [Children’s Code Art. 1151 to 1158]

(3)     OTHER EXCEPTIONS:

(a)      Having inadequate funds for provision does NOT constitute neglect.

(b)      Using [prayer] instead of medical care does NOT constitute neglect but a court may intervene for a child at risk. Criteria for prayer: a well-recognized religious method of healing with a reasonable, proven record of success.