Text of LA SB 237 (2026)

SLS 26RS-9 ORIGINAL 2026 Regular Session SENATE BILL NO. 237 BY SENATOR BARROW CHILDREN. Provides relative to child welfare. (8/1/26) 1 AN ACT 2 To amend and reenact R.S. 24:525(C)(5), (6), and (13) and (D) through (G), R.S. 3 46:56(F)(1), (2), (8), (9)(e) and (g), and (10)(a), Children's Code Arts. 508, 511(D), 4 609(A)(3), the introductory paragraph of 610(A), the introductory paragraph of 5 610(A)(1), the introductory paragraph of 610(A)(2), 610(A)(3) and (4)(a), and (D) 6 through (H), 612(A), (B), and (C), 619(A)(1), 620(A), and 725.5(A), to enact R.S. 7 17:15.1, R.S. 24:525(C)(14) and (H), R.S. 42:17(A)(12), R.S. 46:51(17), Children's 8 Code Arts. 512(E), 524(B)(13), and 603(17)(p), and to repeal Children's Code Arts. 9 509 and 610(I), relative to child welfare; to require schools to report allegations of 10 child abuse by school employees; to provide for the duties and responsibilities of the 11 state child ombudsman; to provide for the duties and responsibilities of the 12 Department of Children and Family Services; to provide for exceptions to public 13 meetings; to provide for confidentiality; to provide for multidisciplinary investigative 14 teams; to provide for forensic interviews; to provide for definitions; to provide for 15 mandatory reporter training; to provide for child abuse and neglect reporting 16 procedures; to provide for the assignment of reports for investigation and 17 assessment; to provide for instanter custody orders; and to provide for related Page 1 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL 1 matters. 2 Be it enacted by the Legislature of Louisiana: 3 Section 1. R.S. 17:15.1 is hereby enacted to read as follows: 4 §15.1. Reporting allegations of abuse; school employees; requirements 5 A. In addition to the mandatory reporter requirements provided for in 6 Children's Code Article 610, a principal or school administrator shall 7 immediately report to the state Department of Education if an allegation of 8 physical or sexual abuse of a student has been made against a school employee. 9 B. Law enforcement shall notify the state Department of Education of 10 the disposition of any investigation involving an allegation of physical or sexual 11 abuse of a student by a school employee. 12 C. The state Department of Education shall maintain a database of all 13 reports and the disposition of each report received from law enforcement. 14 D. Each school shall check the database prior to hiring any employee to 15 assess whether previous allegations have been made against the prospective 16 employee or if a pattern of allegations exists. 17 E. A person acting in good faith who reports or assists in the 18 investigation of a report or who testifies or otherwise participates in a 19 disciplinary process or judicial proceeding arising from a report shall be 20 immune from civil liability and from criminal liability that might otherwise be 21 incurred or imposed as a result of those actions. 22 F. For purposes of this Section, "school" means a public school, charter 23 school, or private school. 24 Section 2. R.S. 24:525(C)(5), (6), and (13) and (D) through (G) are hereby amended 25 and reenacted and R.S. 24:525(C)(14) and (H) are hereby enacted to read as follows: 26 §525. State child ombudsman; duties 27 * * * 28 C. The state child ombudsman shall have all of the following duties and 29 responsibilities: Page 2 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL 1 * * * 2 (5) Periodically review the facilities and procedures of any institution or 3 residences residence, public or private, where a child has been placed by any state 4 agency or department. 5 (a) For purposes of this Section, the term "residences residence" means 6 congregate care facilities and does not include foster homes. 7 (b) For purposes of this Section, the term "access" means policies and 8 availability of services. 9 (6) Recommend changes in state policies concerning children, including 10 changes in the system of providing juvenile justice, child care childcare assistance, 11 foster care, and access to physical and mental health treatment. 12 * * * 13 (13) Notify the senator and representative who represent the district in 14 which the death of any child whose death or injury is the subject of an alleged 15 child abuse or neglect investigation within twenty-four hours of being notified 16 by the department. The notification shall not include any identifying 17 information. 18 (13)(14) Notify the senator and representative who represent the district in 19 which a child has died as a result of abuse or neglect, within twenty-four hours of his 20 knowledge being notified by the department of the death of the child. The 21 notification shall include the information provided to the state child 22 ombudsman pursuant to Subparagraphs (E)(2)(b) through (f) of this Section. 23 D.(1) Any state agency having responsibility for the custody or care of 24 children shall provide monthly notice to the state child ombudsman of the death of 25 a child in its custody or care. 26 (2)E. The Department of Children and Family Services shall notify the state 27 child ombudsman within three business days of receiving information on the death 28 of any child that had been reported to the department for alleged child abuse or 29 neglect that resulted in a child fatality or near fatality in accordance with the Page 3 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL 1 following:. 2 (1) The Department of Children and Family Services shall notify the 3 state child ombudsman in writing within three business days of receiving 4 information on the death or near fatality of any child whose death or injury is 5 the subject of a child abuse or neglect investigation. The notification shall 6 include: 7 (a) The date of the child's death or near fatality. 8 (b) The age of the child at death or near fatality. 9 (c) The gender of the child. 10 (d) The parish of the child's death or near fatality. 11 (e) Information regarding prior department involvement, including: 12 (i) Whether the child's caretaker had previously been reported to the 13 department for alleged child abuse or neglect of any child. 14 (ii) Whether the child who suffered the near fatality or fatality had 15 previously been the subject of a child abuse or neglect report or investigation. 16 (iii) Whether the child's fatality or near fatality occurred during an 17 active child protective services investigation or an open family services case. 18 (f) The assigned intake identification number. 19 (g) The date on which the report was accepted for investigation. 20 (2) The Department of Children and Family Services shall notify the 21 state child ombudsman within three business days after the conclusion of an 22 investigation into a fatality or near fatality of any child when it has been 23 determined that the death or near fatality was a result of abuse or neglect. The 24 notification shall include: 25 (a) The assigned intake investigation number if one had already been 26 assigned and reported to the ombudsman or provided and indicated as new if 27 one had not been previously provided. 28 (b) The date of the child's death or near fatality. 29 (c) The age of the child at death or near fatality. Page 4 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL 1 (d) The gender of the child. 2 (e) The parish of the child's residence and parish of the child's death or 3 near fatality, if different. 4 (f) Child's name, if previously made public. 5 (g) Circumstances surrounding the child's death. 6 (h) Updated information regarding prior department involvement if such 7 new information is available since the department's reporting pursuant to 8 Subparagraph (1)(e) of this Subsection, including: 9 (i) Whether the child's caretaker or alleged perpetrator had previously 10 been reported to the department for alleged child abuse or neglect of any child. 11 (ii) Whether the child who suffered the near fatality or fatality had 12 previously been the subject of a child abuse or neglect report or investigation. 13 (iii) Whether the child's fatality or near fatality occurred during an 14 active child protective services investigation or an open family services case. 15 (3) The Department of Children and Family Services shall notify the 16 state child ombudsman within three business days after the conclusion of an 17 investigation by the department into a fatality or near fatality of any child when 18 it has been determined by the department that the death or near fatality was not 19 a result of abuse or neglect. The department shall provide the assigned intake 20 identification number provided pursuant to Subparagraph (E)(1)(f) of this 21 Section. 22 E.F. The standing committee of each house of the legislature having 23 responsibility for oversight shall perform a biennial review and evaluation of the 24 state child ombudsman and the provisions of this Section. 25 F.G. Notwithstanding any other provision of law to the contrary and to the 26 extent allowed by federal law, the state child ombudsman shall have unrestricted 27 remote access to departmental computer networks, including access to any and 28 all case management systems, databases and department policy and procedure 29 systems, pertaining to state agencies that provide services to children through Page 5 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL 1 funds provided by the state. The child ombudsman shall not disclose the 2 identifying information concerning an individual who initiated a report or 3 complaint of alleged child abuse or neglect contained within any network or 4 case management system accessed pursuant to this Section. The ombudsman 5 shall, upon request, have permission to view and use documents and records, 6 including audio and video recordings, relevant to the ombudsman's statutory 7 duties. To the extent allowed by federal law, such documents and records shall 8 include but not be limited to the applications and case files of the Louisiana 9 Department of Health and the Department of Children and Family Services except 10 for the name and any identifying information of the reporter of child abuse or neglect 11 and restrictions provided in Title IV-D of the Social Security Act and the Internal 12 Revenue Code, juvenile court judgments and court minute entries, records and 13 reports of children in the custody of or under the supervision of the office of juvenile 14 justice, student records in the possession of the State Department of Education, any 15 parish or city school board, and any elementary or secondary education school, 16 including charter schools. The state child ombudsman shall comply with any and all 17 restrictions imposed by law on documents, data, or information considered 18 confidential or privileged and furnished to the state child ombudsman. 19 G.H. Notwithstanding any other provision of law to the contrary, the state 20 child ombudsman shall not be compelled to be a witness or be deposed in any case 21 where the state child ombudsman is not personally a defendant. 22 Section 3. R.S. 42:17(A)(12) is hereby enacted to read as follows: 23 §17. Exceptions to open meetings 24 A. A public body may hold an executive session pursuant to R.S. 42:16 for 25 one or more of the following reasons: 26 * * * 27 (12) Testimony including identifying information and explicit details 28 related to physical or sexual abuse of children. 29 * * * Page 6 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL 1 Section 4. R.S. 46:56(F)(1), (2), (8), (9)(e) and (g), and (10)(a) are hereby amended 2 and reenacted and R.S. 46:51(17) is hereby enacted to read as follows: 3 §51. Duties of the department 4 The Department of Children and Family Services, through its secretary, shall 5 administer the public assistance and welfare laws of the state as follows: 6 * * * 7 (17) Establish a law enforcement liaison position for each region of the 8 state. Each law enforcement liaison shall have previous law enforcement 9 experience and shall serve as a resource to determine cases that are appropriate 10 for law enforcement referrals and facilitate joint investigations between the 11 department and law enforcement. 12 * * * 13 §56. Applications and client case records; definitions; confidentiality; waiver; 14 penalty 15 * * * 16 F. The following information shall not be subject to waiver and shall not be 17 released to applicants, recipients, or outside sources, except those outside sources 18 engaged in the administration of the programs of the department or when specifically 19 authorized by law: 20 (1) Records pertaining to foster care of children, investigations of abuse and 21 neglect of children, and other child welfare services. For the purposes of this 22 Paragraph, case records of children in abuse and neglect and foster care cases may 23 be reviewed by the state child ombudsman pursuant to R.S. 24:525, attorneys 24 who are appointed by a court of juvenile jurisdiction to represent the sole interest of 25 the children, and pursuant to court order, such case records may be reviewed by 26 court-appointed special advocates appointed pursuant to Children's Code Article 27 424.1. Prior to a court hearing, the department may provide to such attorneys and 28 court-appointed special advocates copies of the most recent case plan for the child 29 and his family, the most recent court order and court report, and the child's most Page 7 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL 1 recent medical report reports, including but not limited to psychological 2 counseling and behavioral health assessments. Additionally, pursuant to Children's 3 Code Article 616, a judge of a court exercising juvenile jurisdiction may request, in 4 writing to the department, central registry record checks. However, in no instance 5 shall the name or identifying information regarding a complainant in neglect and 6 abuse cases or the case records of the foster parents be subject to such review. The 7 department may, however, provide foster parents all information from the 8 department's records and from other records to which the department has access 9 concerning a child in the foster home, and concerning the child's family, where such 10 information is necessary for the foster parents to properly care for the child. The 11 department may also provide surrogate parents representing the special education 12 interests of children in the department's custody with all information from the 13 department's records and from other records to which the department has access 14 where such information is necessary for the surrogate parents to properly advocate 15 for the children. In any child custody proceeding, after the issue has been raised of 16 the potential existence of a relevant departmental record concerning the abuse or 17 neglect of a child who is the subject of that proceeding, the judge may contact the 18 local child protection unit to determine if such a record exists. If the department has 19 a substantiated report pursuant to Children's Code Article 615(B)(1) through (3), the 20 local child protection unit shall verbally advise the judge that such report is in the 21 possession of the unit. If the court finds that information which may be contained in 22 the report is necessary for an issue before the court, the court may order the release 23 of such information. If the report was unsubstantiated, such records shall be sealed 24 and accessible only pursuant to Children's Code Article 615. 25 (2) Information furnished to the department by persons, governmental 26 agencies, or other legal entities when such furnisher of information is subject to a 27 confidentiality statute or regulation which prohibits release of such information to 28 an outside source, and. 29 * * * Page 8 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL 1 (8)(a) Case records involving investigation of reports of child abuse and 2 neglect shall be confidential in order to protect the rights of the child and his parents 3 or guardians. Information contained in such records shall only be made available as 4 provided in this Section or applicable state or federal laws or regulations. 5 (b) The department shall not disclose identifying information concerning an 6 individual who initiated a report or complaint of alleged child abuse or neglect, 7 except that the department shall disclose such information: 8 (i) To law enforcement involved in the investigation of a report or 9 complaint. 10 (ii) Pursuant pursuant to a court order after such court has reviewed, in 11 camera, the department's case record and finds reason to believe that the reporter 12 knowingly made a false report. 13 (9) Notwithstanding any other provision of this Section, limited public 14 disclosure of summary information contained in the child abuse or neglect records 15 of the Department of Children and Family Services may be made as follows: 16 * * * 17 (e) The department shall not publicly disclose any information concerning the 18 individual initiating a report or complaint. Providing information to law 19 enforcement for purposes of investigating a report or complaint shall not be 20 considered publicly disclosing the information. 21 * * * 22 (g) Nothing in this Paragraph shall limit the authority of the department to 23 disclose requested information to the parent or guardian of an abused or neglected 24 child as otherwise provided by law, unless the parent or guardian is the alleged 25 perpetrator or living with or in a relationship with the alleged perpetrator. 26 * * * 27 (10)(a) Upon written request, the department shall disclose limited 28 information contained in child abuse or neglect records or reports to the following: 29 (i) An examining physician healthcare provider of a child whom he Page 9 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL 1 reasonably believes has been abused or neglected. 2 (ii) A committee or subcommittee of the legislature which has subject matter 3 jurisdiction over child protection legislation according to the rules of the respective 4 house, provided that such information is reviewed in closed session and kept 5 confidential. 6 (iii) The executive director of a day care center an early learning center or 7 residential provider, provided that the use of such information is limited to a 8 confidential employee disciplinary investigation of alleged abuse or neglect of a 9 child within that facility and the employee who is the subject of the disciplinary 10 investigation is the subject of the requested information. However, the department 11 shall have the authority to fine, revoke, or suspend the license of any day care center 12 or residential provider, after due notice and a hearing, if the executive director 13 releases the confidential information to an unauthorized person or persons. The 14 proceedings shall be conducted in accordance with rules and regulations to be 15 promulgated by the department. 16 (iv) The attorney who represents the child, the day care early learning 17 center, or an employee of the day care early learning center. 18 * * * 19 Section 5. Children's Code Arts. 508, 511(D), 609(A)(3), the introductory paragraph 20 of 610(A), the introductory paragraph of 610(A)(1), the introductory paragraph of 610(A)(2), 21 610(A)(3) and (4)(a), and (D) through (H), 612(A), (B), and (C), 619(A)(1), 620(A), and 22 725.5(A) are hereby amended and reenacted and Children's Code Arts. 512(E), 524(B)(13), 23 and 603(17)(p) are hereby enacted to read as follows: 24 Art. 508. Multidisciplinary investigative team; scope of responsibility 25 A. Not later than February 15, 2004, a A multidisciplinary investigative team 26 shall be established for the investigation of child abuse within each judicial district. 27 B. The team shall be responsible for the investigation of all child sexual 28 abuse cases, abuse and neglect cases involving allegations of the commission of a 29 felony-grade crime against a child, and any other case involving trauma to a child, Page 10 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL 1 in accordance with their agency scope of services, which is referred to the team by 2 any member and accepted by the team for investigation in compliance with the 3 interagency protocols developed and instituted in accordance with Articles 509 and 4 Article 510 of this Part. 5 C. Any child that the Department of Children and Family Services or 6 law enforcement has received a report of suspected sexual or serious physical 7 abuse shall be referred to a child advocacy center for a forensic interview. The 8 department or law enforcement agency shall notify the child advocacy center 9 within seventy-two hours of receiving the report and the child advocacy center 10 shall notify members of the appropriate multidisciplinary team within twenty- 11 four hours. Every child advocacy center shall accept referrals from both the 12 department and law enforcement. The multidisciplinary team shall meet to 13 review any case in which a forensic interview has occurred. Law enforcement 14 or the department shall not close a case in which a forensic interview has 15 occurred prior to the multidisciplinary team review. 16 C.D. Each team shall develop and institute interagency protocols in 17 accordance with Articles 509 this Article and Article 510 of this Part and shall 18 update the protocols as necessary. 19 * * * 20 Art. 511. Forensic interviewer; qualifications 21 * * * 22 D. The cost of employing and training the forensic interviewer is to be 23 decided on in the interagency protocols developed and instituted in accordance with 24 Articles 509 and Article 510 of this Part, and is not the responsibility of member 25 agencies unless agreed to in the protocols. 26 Art. 512. Composition of the multidisciplinary investigative team 27 * * * 28 E. Each governmental entity provided for in Paragraph B of this Article 29 shall have a representative in attendance at each multidisciplinary team Page 11 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL 1 meeting. Each child advocacy center shall submit the attendance records for 2 each multidisciplinary team in the center's jurisdiction to the attorney general 3 every six months. The attorney general shall review the records for compliance 4 with this Article and shall notify any agency that is out of compliance. 5 * * * 6 Art. 524. Responsibilities 7 * * * 8 B. A child advocacy center shall be governed and managed so as to provide 9 at a minimum, for the following: 10 * * * 11 (13) Specialized policies for conducting forensic interviews with children 12 with disabilities or children who require special accommodations. 13 * * * 14 Art. 603. Definitions 15 As used in this Title: 16 * * * 17 (17) "Mandatory reporter" is any of the following individuals: 18 * * * 19 (p) A court-appointed supervised visit monitor. 20 * * * 21 Art. 609. Mandatory and permitted reporting; training requirements 22 A. With respect to mandatory reporters: 23 * * * 24 (3)(a) To familiarize mandatory reporters, as defined by Children's Code 25 Article 603, with their legal mandate for reporting suspected child abuse and neglect, 26 such mandatory Mandatory reporters shall be offered complete annual training on 27 the statutory requirements and responsibility of reporting child abuse and neglect 28 and how to identify the signs and symptoms of child neglect and abuse, 29 including sexual abuse and human trafficking. This The training shall be made Page 12 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL 1 available by the child welfare division of the Department of Children and Family 2 Services or any other mechanism as approved by the department as long as it 3 includes information on the reporting procedure and the consequences of failing to 4 report. The department may provide for an annual competency assessment 5 which may be used to satisfy the training requirement. 6 (b) Each mandatory reporter may obtain mandatory reporting training as each 7 mandatory reporter believes to be necessary in accordance with Subsubparagraph (a) 8 or (d) of this Subparagraph. 9 (c)(b) The appropriate state regulatory department, board, commission, or 10 agency for each category of mandatory reporter may shall provide continuing 11 education credit for the completion of the training pursuant to this Paragraph. 12 (d) Any entity, including but not limited to hospitals, educational and 13 religious institutions, and nonprofits, may provide its employees, volunteers, or 14 educational attendees with equivalent training pursuant to Subsubparagraph (a) of 15 this Subparagraph. 16 * * * 17 Art. 610. Reporting procedure; reports to the legislature and the United States 18 Department of Defense Family Advocacy Program 19 A. A reporter shall immediately report to the Department of Children and 20 Family Services as provided in Subparagraph (4) of this Paragraph suspected 21 child abuse or neglect or that child abuse or neglect was a contributing factor in a 22 child's death. in the following ways: 23 (1) To the Department of Children and Family Services The department 24 shall initiate and conduct an investigation pursuant to Article 612 if the reporter 25 has reason to believe indicates that the perpetrator is any of the following: 26 * * * 27 (2) To a The department shall send the report to the appropriate local or 28 state law enforcement agency pursuant to Paragraph E of this Article and the 29 appropriate law enforcement agency shall initiate and conduct an investigation Page 13 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL 1 if the reporter has reason to believe indicates that the perpetrator is any of the 2 following: 3 * * * 4 (3) Dual reporting to both the department and the local or state law 5 enforcement agency is permitted. However, the agency who receives a report 6 pursuant to Subparagraph (1) or (2) of this Paragraph shall be the agency responsible 7 for accepting and acting on the report and shall ensure referral to other agencies as 8 necessary. 9 (4) Reports to the department shall be made as follows: 10 (a) A mandatory reporter shall make a report of suspected abuse or neglect 11 requiring immediate assistance via the designated state child protection reporting 12 hotline telephone number. A report of suspected abuse or neglect which is of a 13 nonemergency nature may be reported via the Louisiana Department of Children and 14 Family Services Mandated Reporter Portal. Reports may also be made in person at 15 any child welfare office. In receiving any report of child abuse or neglect, the 16 department or law enforcement agency shall clearly inform the reporter that, 17 unless the reporter requests anonymity, that the department or law enforcement 18 agency may contact the reporter directly to obtain further information during 19 the investigation. 20 * * * 21 D. If the initial report was in oral form by a mandatory reporter, it shall be 22 followed by a written report made within five days via the online Mandated Reporter 23 Portal of the department or by mail to the centralized intake unit of the department 24 at the address provided on the website of the department; or, if necessary, to the local 25 law enforcement agency. The reporter may use a form for the written report, which 26 shall be developed, approved, and made available by the Department of Children and 27 Family Services. The form is optional and may be available electronically on the 28 department's website. 29 E.D.(1) All reports made to any local or state law enforcement agency Page 14 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL 1 involving abuse or neglect in which an individual provided for in Subparagraph 2 (A)(1) of this Article is believed responsible shall be reported to the department 3 within twenty-four hours in accordance with Paragraph A of this Article. 4 (2)(a) All reports made to the department involving abuse or neglect in which 5 someone other than an individual provided for in Subparagraph (A)(1) of this Article 6 is believed to be responsible shall be reported to the appropriate law enforcement 7 agency within twenty-four hours by telephone. The department shall notify the 8 reporter of the specific law enforcement agency where the report was referred. 9 (b) The department also shall report all cases of child death which involve 10 a suspicion of abuse or neglect as a contributing factor in the child's death to the 11 local and state law enforcement agencies, the office of the district attorney, the state 12 child ombudsman, and the coroner. 13 (3) Reports involving a felony-grade crime against a child shall be promptly 14 communicated to the appropriate law enforcement authorities as part of the 15 interagency protocols for multidisciplinary investigations of child abuse and neglect 16 in each judicial district as provided in Articles 509 and Article 510. 17 (4) The department shall communicate as soon as possible all reports 18 involving alleged child victims of sex trafficking to the Louisiana State Police for 19 referral to the appropriate local law enforcement agency for investigation or other 20 action as appropriate. 21 F.E. Any commercial film or photographic print processor who has 22 knowledge of or observes, within the scope of this professional capacity or 23 employment, any film, photograph, video tape, negative, or slide depicting a child 24 who he knows or should know is under the age of seventeen years, which constitutes 25 child pornography or child sexual abuse materials as defined in Article 603, shall 26 report immediately to the local law enforcement agency having jurisdiction over the 27 case. The reporter shall provide a copy of the film, photograph, videotape, negative, 28 or slide to the agency receiving the report. 29 G.F.(1) If a physician has cause to believe that a newborn was exposed in Page 15 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL 1 utero to an unlawfully used controlled dangerous substance, as defined by R.S. 2 40:961 et seq., the physician shall order a toxicology test upon the newborn, without 3 the consent of the newborn's parents or guardian, to determine whether there is 4 evidence of prenatal neglect. If the test results are positive, the physician shall issue 5 a report, as soon as possible, in accordance with this Article. If the test results are 6 negative, all identifying information shall be obliterated if the record is retained, 7 unless the parent approves the inclusion of identifying information. Positive test 8 results shall not be admissible in a criminal prosecution. 9 (2) If there are symptoms of withdrawal in the newborn or other observable 10 and harmful effects in his physical appearance or functioning that a physician has 11 cause to believe are due to the chronic or severe use of alcohol by the mother during 12 pregnancy or are the effects of fetal alcohol spectrum disorder, the physician shall 13 issue a report in accordance with this Article. 14 H.G.(1) All instances of alleged child abuse that occur in a school setting 15 shall be immediately reported by the school to the child's parent or legal guardian 16 and to local or state law enforcement the Department of Children and Family 17 Services, regardless of the alleged perpetrator. 18 (2) If more than one child is involved in the allegations, the school shall 19 immediately report to the parent or legal guardian of all involved children. 20 (3) The Department of Children and Family Services shall immediately 21 notify law enforcement if the alleged perpetrator is any individual identified in 22 Subparagraph (A)(2) of this Article. Law enforcement shall begin an investigation 23 of the allegations within forty-eight hours of receiving the report. 24 (4) If more than one child is involved in the allegations, law enforcement 25 shall interview the parent or legal guardian of all children involved. 26 (5) Any sexual abuse cases in which the alleged perpetrator is a child shall 27 be referred to accepted by the Department of Children and Family Services. The 28 department shall assess the family of the child victim and the alleged child 29 perpetrator to ensure child safety and well-being in accordance with Children's Code Page 16 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL 1 Article 612(A)(3). 2 (6) For purposes of this Article, the following definitions shall apply: 3 (a) "School setting" means in a school building, on school grounds, in school 4 vehicles, or at any activities sponsored by a public, private, or charter school. 5 (b) "Sexual abuse" means the perpetration or attempted perpetration of R.S. 6 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. 7 I.H.(1) The provisions of this Paragraph shall be known and may be cited as 8 The Alfred C. Williams Child Protection Act. 9 * * * 10 Art. 612. Assignment of reports for investigation and assessment 11 A. (1) Upon receiving a report of abuse or neglect of a child who is not in the 12 custody of the state, the local child protection unit of the department shall promptly 13 immediately assign a level of risk to the child based on the information provided by 14 the reporter. 15 (2) Reports of high and intermediate levels of risk shall be immediately 16 investigated promptly. This investigation shall include a preliminary investigation 17 as to the nature, extent, and cause of the abuse or neglect and the identity of the 18 person actually responsible for the child's condition. This preliminary investigation 19 shall include an inquiry as to whether there is reason to know that the child is an 20 Indian child. This preliminary investigation shall also include an interview with the 21 child and the child's parents or other caretaker and shall include consideration of all 22 available medical information provided to the department pertaining to the child's 23 condition. If the report is of sexual abuse, the preliminary interview with the 24 child shall only be to assess the immediate safety of the child and a forensic 25 interview at a child advocacy center shall be scheduled immediately. This 26 preliminary investigation shall also include an immediate assessment of any existing 27 visitation or custody order or agreement involving the alleged perpetrator and the 28 child. The department shall request a temporary restraining order pursuant to Article 29 617, a protective order pursuant to Article 618, or an instanter safety plan order Page 17 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL 1 pursuant to Article 619 or 620 if the department determines that any previously 2 ordered visitation or custody would put the child's health, welfare, and safety at risk. 3 Admission of the investigator on school premises or access to the child in school 4 shall not be denied by school personnel. However, the request for a temporary 5 restraining order or a protective order in accordance with this Article shall not 6 independently confer exclusive jurisdiction on the juvenile court in accordance with 7 Article 303. 8 (3) In lieu of an investigation, reports of low levels of risk and reports from 9 law enforcement of child sexual abuse as provided for in Article 610 may be 10 assessed promptly through interviews with the family to identify needs and available 11 match to community resources. If during this assessment, it is determined that a child 12 is at immediate substantial risk of harm, the local child protection unit shall promptly 13 immediately conduct or participate in an intensive investigation. 14 (4) Any reports of sexual abuse in which the alleged perpetrator shall be 15 assessed immediately through interviews with family of the child victim and the 16 alleged child perpetrator to identify needs and available match to community 17 resources. If during this assessment, it is determined that a child is at immediate 18 substantial risk of harm, the local child protection unit shall immediately 19 conduct an intensive investigation. 20 (4)(5) During the investigation of a report from a treating health care 21 practitioner of physical or sexual abuse of a child who is not in custody of the state, 22 at the request and expense of the child's parent or caregiver, the department shall 23 provide copies of all medical information pertaining to the child's condition or 24 treatment obtained during the investigation to a board certified child abuse 25 pediatrician for purposes of conducting an independent review of the information. 26 Any resulting report shall be provided to the department and to the child's parent or 27 caretaker and shall be utilized in the department's ongoing assessment of risk and to 28 determine what action may be necessary to protect the health, welfare, and safety of 29 the child. Nothing in this Subparagraph shall be construed to prohibit granting an Page 18 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL 1 instanter removal order pursuant to Article 615(B). 2 B. All persons, including without limitation mandatory and permissive 3 reporters, shall cooperate fully with investigative procedures, including independent 4 investigations and psychological evaluations of the child initiated by the parent on 5 behalf of the child. The provisions of this Paragraph shall not require the disclosure 6 of any communications between an attorney and his client or any confession or other 7 sacred communication between priest, rabbi, duly ordained minister, or Christian 8 Science practitioner and his communicant. 9 C. All interviews of the child or his parents conducted in the course of a child 10 protective investigation shall be tape-recorded, if requested by the parent or parents. 11 * * * 12 Art. 619. Instanter custody orders; instanter safety plan orders 13 A.(1) A peace officer, district attorney, or employee of the local child 14 protection unit of the department may file a verified complaint alleging facts 15 showing that there are reasonable grounds to believe that the child is in need of care 16 and that emergency removal or the implementation of a safety plan is necessary to 17 secure the child's health, welfare, and safety. The department shall request 18 instanter custody of any child that is in the custody of another state and located 19 in Louisiana until the child can be returned to the state of original jurisdiction. 20 * * * 21 Art. 620. Oral instanter orders 22 A.(1) In exceptional circumstances, the facts supporting the issuance of an 23 instanter order and the exceptional circumstances may be relayed orally, including 24 telephonically, to the judge, and the order directing that a child be taken into custody 25 or, upon request by the state, that an instanter safety plan order be implemented may 26 be issued orally. 27 (2) An oral instanter order may be executed if the department requests 28 instanter custody of any child that is in the custody of another state and located 29 in Louisiana until the child can be returned to the state of original jurisdiction. Page 19 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL 1 * * * 2 Art. 725.5. Duties of the Department of Children and Family Services 3 A. The department shall be responsible for investigating reports of abuse or 4 neglect where the abuser is believed to be a parent or caretaker, a person who 5 maintains an interpersonal dating or engagement relationship with the parent or 6 caretaker, or a person living in the same residence with the parent or caretaker as a 7 spouse whether married or not as provided for in Article 610. 8 * * * 9 Section 6. Children's Code Article 509 and 610(I) are hereby repealed. 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 237 Original 2026 Regular Session Barrow Title 17 Proposed law requires a principal or school administrator to immediately report to the state Dept. of Education if an allegation of physical or sexual abuse of a student has been made against a school employee. Proposed law requires law enforcement to notify the state Dept. of Education of the disposition of any investigation involving an allegation of physical or sexual abuse of a student by a school employee. Proposed law requires the state Dept. of Education shall maintain a database of all reports and the disposition of each report received from law enforcement and requires each school to check the database prior to hiring any employee to assess whether previous allegations have been made against the prospective employee or if a pattern of allegations exists. Proposed law provides immunity for a person acting in good faith who reports or assists in the investigation of a report or who testifies or otherwise participates in a disciplinary process or judicial proceeding arising from a report pursuant to proposed law. Title 24 Present law provides for the duties and responsibilities of the state child ombudsman, including the duty to notify the senator and representative who represent the district in which a child has died as a result of abuse or neglect. Proposed law requires the state child ombudsman to also notify the senator or representative when a child in their district is the subject of an alleged child abuse or neglect investigation. Proposed law further requires that the notification shall not include any identifying information. Present law requires the Dept. of Children and Family Services (DCFS) to notify the state Page 20 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL child ombudsman of the death of any child that had been reported to the department for alleged child abuse or neglect. Proposed law requires DCFS to provide notification to the state child ombudsman upon DCFS receiving information of the death or near fatality of any child whose death or injury is the subject of a child abuse or neglect investigation and after the conclusion of the investigation. Proposed law further provides for specific information to be included in the notification. Present law authorizes the state child ombudsman to have permission, upon request, to view and use documents and records relevant to the ombudsman's statutory authority. Proposed law retains present law and additionally authorizes the ombudsman to have unrestricted remote access to department computer networks and systems for any state agency that provides services to children through state funds. Proposed law further prohibits the ombudsman from disclosing identifying information of a reporter of alleged child abuse or neglect contained within any network or system. Title 42 Present law provides for reason in which a public body may hold executive session. Proposed law adds testimony including identifying information and explicit details related to physical or sexual abuse of children as an allowable reason to hold executive session. Title 46 Present law provides for the duties of DCFS. Proposed law requires the department to establish a law enforcement liaison position for each region of the state and provide for qualification and responsibilities for the position. Present law provides relative to access of records pertaining to foster care of children, investigations of abuse and neglect of children, and other child welfare services and provides instances where the records may be reviewed. Proposed law allows the state child ombudsman to review the records. Present law provides that case records involving investigation of reports of child and abuse and neglect are confidential and prohibits the disclosure of identifying information concerning an individual who reported alleged abuse or neglect except pursuant to certain court orders. Proposed law authorizes DCFS to disclose identifying information of the reporter to law enforcement that is involved in the investigation of a report or complaint. Present law authorizes DCFS to disclose requested information to the parent or guardian of an abused or neglected child. Proposed law provides that DCFS's authority to share the information with the parent or guardian is limited if either is the alleged perpetrator or is living with or in a relationship with the alleged perpetrator. Proposed law updated terminology and references to DCFS licensure of day care centers. Children's Code Present law requires the establishment of a multidisciplinary investigative team (MDT) for the investigation of child abuse in each judicial district and provides for the referral of cases Page 21 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL to the team in accordance with interagency protocols developed and instituted pursuant to present law. Proposed law requires DCFS and law enforcement to refer any child that the department or agency has received a report of suspected sexual or serious physical abuse to a child advocacy center (CAC) for a forensic interview. Proposed law further requires DCFS or the law enforcement agency to notify the CAC within 72 hours of receiving the report and requires the CAC to notify the MDT within 24 hours. Proposed law requires every CAC to accept referrals from both DCFS and law enforcement. Proposed law requires the MDT to meet to review any case in which a forensic interview has occurred and prohibits DCFS or law enforcement from closing any case in which a forensic interview has occurred prior to the MDT review. Present law provides for a drafting committee to confect interagency protocols for the MDTs in each judicial district no later than Aug. 15, 2006. Proposed law repeals present law. Present law provides for the composition of MDT teams including the following governmental entities: DCFS, the district attorney, the sheriff and other law enforcement agencies having responsibility in the district for the investigation of child abuse, the coroner or his designee who is a licensed medical professional with experience in the investigation of child abuse or the evalution of child victims. Proposed law provides that each governmental entity is required to have a representative at each MDT meeting. Proposed law further requires each CAC to submit the attendance records for each MDT in the CAC's jurisdiction to the attorney general every six months and requires the attorney general to review the records for compliance and notify any agency that is out of compliance. Present law provides for the responsibilities and minimum standards for each CAC. Proposed law required each CAC to have specialized policies for conducting forensic interviews with children with disabilities or who require special accommodations. Present law defines "mandatory reporter". Proposed law adds court-appointed supervised visit monitors as a mandatory reporter. Present law requires mandatory reporters to be offered training made available by DCFS on the statutory requirements and responsibility of reporting child abuse and neglect and allows mandatory reporters to obtain training as the reporter believes is necessary. Present law further allows any entity, including but not limited to hospitals, educational and religious institutions, and nonprofits to provide its employees, volunteers, or educational attendees with training that is equivalent to the DCFS training. Proposed law repeals present law and requires all mandatory reporters to complete annual training provided by DCFS and requires the training to include the statutory requirements and responsibility of reporting child abuse and neglect and how to identify signs and symptoms of child neglect and abuse, including sexual abuse and human trafficking. Proposed law further authorizes DCFS to provide for an annual competency assessment which may be used to satisfy the training requirement. Present law requires reporters to report suspected child abuse or neglect to DCFS if the reporter believes the perpetrator is a parent, caretaker, or other individual identified in Page 22 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 237 SLS 26RS-9 ORIGINAL present law and to report to law enforcement if the suspected perpetrator is a school employee or other individual not under DCFS's investigative jurisdiction. Proposed law requires reporters to report all suspected child abuse or neglect to DCFS and requires DCFS to either investigate or refer the report to law enforcement. Proposed law requires DCFS or law enforcement to clearly inform the reporter that the department or agency may contact the reporter directly to obtain further information during the investigation, unless the reporter requests anonymity. Proposed law requires that if a mandatory reporter makes an initial report in oral form, the reporter shall follow up with a written report on the online Mandated Reporter Portal within five days. Proposed law repeals present law. Present law requires DCFS to notify law enforcement with 24 hours of reports made to the department in which the suspected perpetrator is an individual that is not under the investigative jurisdiction of DCFS. Proposed law requires DCFS to notify the reporter of the specific law enforcement agency where the report was referred. Present law requires all instances of alleged child abuse that occur in a school setting to be reported to the child's parent and legal guardian and to local or state law enforcement. Proposed law adds that the school is required to make the reports and changes the required reporting from local or state law enforcement to DCFS and for DCFS to immediately notify law enforcement if the alleged perpetrator is an individual under the investigative jurisdiction of law enforcement. Present law provides for the reports of high and intermediate levels of risk as determined by DCFS to be promptly investigated and include a preliminary investigation. Proposed law changes "promptly" to "immediately" and requires that preliminary interviews for reports of sexual abuse shall only be to assess the immediate safety of the child and a forensic interview at a CAC shall be immediately scheduled. Present law authorizes peace officers, district attorneys, and employees of the local child protection unit of DCFS to request an instanter order for emergency removal or the implementation of a safety plan for a child in need of care. Proposed law requires DCFS to request an instanter order of any child that is in the custody of another state and located in Louisiana until the child can be returned to the state of original jurisdiction and provides that the an oral instanter order may be executed in those situations. Effective August 1, 2026. (Amends R.S. 24:525(C)(5), (6), and (13) and (D)-(G), R.S. 46:45(F)(1), (2), (8), (9)(e) and (g), and (10)(a), Ch.C. Arts. 508, 511(D), 609(A)(3), 610(A)(intro para), 610(A)(1)(intro para), 610(A)(2)(intro para), 610(A)(3) and (4)(a), and (D)-(H), 612(A), (B), and (C), 619(A)(1), 620(A), and 725.5(A); adds R.S. 17:15.1, R.S. 24:525(C)(14) and (H), R.S. 42:17(A)(12), R.S. 46:51(17), Ch.C. Arts. 512(E), 524(B)(13), and 603(17)(p); repeals Ch.C. Arts. 509 and 610(I)) Page 23 of 23 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.

2026 Regular Session ENROLLED SENATE BILL NO. 237 BY SENATORS BARROW, BARTHELEMY, BOUDREAUX, CARTER, DUPLESSIS, FESI, JENKINS, MIZELL, PRICE AND WHEAT AND REPRESENTATIVES ADAMS, 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, MIKE JOHNSON, JORDAN, KERNER, KNOX, LAFLEUR, JACOB LANDRY, TERRY LANDRY, LYONS, MACK, MARCELLE, MCMAKIN, MILLER, OWEN, RISER, SCHLEGEL, SPELL, ST. BLANC, TAYLOR, VENTRELLA, WRIGHT AND WYBLE 1 AN ACT 2 To amend and reenact R.S. 24:525(C)(5), (6), and (13) and (D) through (G), R.S. 3 44:4.1(B)(32), R.S. 46:56(F)(1), (2), (8), (9)(a), (e), (g), and (10)(a), Children's Code 4 Arts. 508, 511(D), 609(A)(3), 610(A)(4)(a) and (D) through (H), 612(A), (B), and 5 (C), 619(A)(1), 620(A), and 725.5(A), to enact R.S. 24:525(H), R.S. 42:17(A)(12), 6 R.S. 46:1(7), 51(17) and (18), 52.2, R.S. 49:191(2)(h) and Children's Code Arts. 7 512(E), 524(B)(13), and 603(17)(p) and (33), and to repeal R.S. 49:191(1)(h) and 8 Children's Code Arts. 509 and 610(I), relative to child welfare; to provide for the 9 duties and responsibilities of the state child ombudsman; to provide for the duties 10 and responsibilities of the Department of Children and Family Services; to provide 11 for exceptions to public meetings; to provide for confidentiality; to provide for a 12 critical incident review team; to provide for multidisciplinary investigative teams; 13 to provide for forensic interviews; to provide for definitions; to provide for 14 mandatory reporter training; to provide for child abuse and neglect reporting 15 procedures; to provide for the assignment of reports for investigation and 16 assessment; to provide for instanter custody orders; to provide for the re-creation of 17 the Department of Children and Family Services and the statutory entities made a 18 part of the department by law; to provide for the effective termination date for all 19 statutory authority for the existence of such statutory entities; to provide for 20 implementation; to provide for effectiveness; and to provide for related matters. 21 Be it enacted by the Legislature of Louisiana: ACT No. 960 Page 1 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 1 Section 1. R.S. 24:525(C)(5), (6), and (13) and (D) through (G) are hereby amended 2 and reenacted and R.S. 24:525(H) is hereby enacted to read as follows: 3 §525. State child ombudsman; duties 4 * * * 5 C. The state child ombudsman shall have all of the following duties and 6 responsibilities: 7 * * * 8 (5) Periodically review the facilities and procedures of any institution or 9 residences residence, public or private, where a child has been placed by any state 10 agency or department. 11 (a) For purposes of this Section, the term "residences residence" means 12 congregate care facilities and does not include foster homes. 13 (b) For purposes of this Section, the term "access" means policies and 14 availability of services. 15 (6) Recommend changes in state policies concerning children, including 16 changes in the system of providing juvenile justice, child care childcare assistance, 17 foster care, and access to physical and mental health treatment. 18 * * * 19 (13)(a) Notify the senator and representative who represent the district in 20 which a child has died as a result of abuse or neglect, within twenty-four hours of his 21 knowledge of the death of the child. Notify all of the following within twenty-four 22 hours of being notified by the department of the fatality or near fatality of a 23 child: 24 (i) The senator and representative who represent the district in which a 25 child who has died, as a result of abuse or neglect, resided or, if unknown, the 26 district in which the child died. 27 (ii) The speaker pro tempore of the House of Representatives. 28 (iii) The president pro tempore of the Senate. 29 (iv) The chairs of the House and Senate committees on health and 30 welfare. Page 2 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 1 (b) The notification shall include the information provided to the state 2 child ombudsman pursuant to Subparagraphs (E)(1)(a) through (d) of this 3 Section. 4 D.(1) Any state agency having responsibility for the custody or care of 5 children shall provide monthly notice to the state child ombudsman of the death of 6 a child in its custody or care. 7 (2) E.(1) The Department of Children and Family Services shall notify the 8 state child ombudsman in writing within three business days of receiving 9 information on the death a report of a fatality or near fatality of any child that had 10 been reported to the department for alleged whose fatality or near fatality is the 11 subject of a child abuse or neglect investigation. The notification shall include all 12 of the following: 13 (a) The date of the child's death. 14 (b) The age of the child. 15 (c) The biological sex of the child. 16 (d) The child's parish of residence. 17 (e) The identification number assigned to the report. 18 (f) The date on which the report was accepted for investigation. 19 (2) The Department of Children and Family Services shall notify the 20 state child ombudsman in writing within three business days after the 21 conclusion of an investigation into a fatality or near fatality of any child. 22 (a) When the determination is that the report is substantiated the 23 notification shall include all of the following: 24 (i) The identification number assigned to the report. 25 (ii) Whether the perpetrator had previously been reported to the 26 Department of Children and Family Services for alleged child abuse or neglect 27 of any child. 28 (iii) Whether the child had previously been the subject of a child abuse 29 or neglect report or investigation. 30 (iv) Whether the fatality or near fatality occurred during an active child Page 3 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 1 protective services investigation or an open family services case. 2 (b) When the determination is that the report is inconclusive or 3 unsubstantiated the notification shall include all of the following: 4 (i) The identification number assigned to the report. 5 (ii) A statement that the report was not substantiated. 6 E.F. The standing committee of each house of the legislature having 7 responsibility for oversight shall perform a biennial review and evaluation of the 8 state child ombudsman and the provisions of this Section. 9 F.G. Notwithstanding any other provision of law to the contrary and to the 10 extent allowed by federal law, the state child ombudsman shall have unrestricted 11 remote access to departmental computer networks, including access to any and 12 all case management systems, databases, and department policy and procedure 13 systems, pertaining to state agencies that provide services to children through 14 funds provided by the state. The child ombudsman shall not have the ability to 15 add to, edit, delete, alter, reproduce, or distribute any data or document in any 16 department's system. The child ombudsman may publish reports, findings, or 17 recommendations, or aggregate or de-identified data derived from information 18 accessed in accordance with this Subsection provided that no confidential or 19 personal identifying information is disclosed in violation of state or federal law. 20 The child ombudsman shall not disclose the identifying information concerning 21 an individual who initiated a report or complaint of alleged child abuse or 22 neglect contained within any network or case management system accessed 23 pursuant to this Section. The ombudsman shall, upon request, have permission 24 to view and use physical documents and records, including audio and video 25 recordings, relevant to the ombudsman's statutory duties. To the extent allowed by 26 federal law, such documents and records shall include but not be limited to the 27 applications and case files of the Louisiana Department of Health and the 28 Department of Children and Family Services except for the name and any identifying 29 information of the reporter of child abuse or neglect and restrictions provided in Title 30 IV-D of the Social Security Act and the Internal Revenue Code, juvenile court Page 4 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 1 judgments and court minute entries, records and reports of children in the custody 2 of or under the supervision of the office of juvenile justice, student records in the 3 possession of the State Department of Education, any parish or city school board, 4 and any elementary or secondary education school, including charter schools. The 5 state child ombudsman shall comply with any and all restrictions imposed by law on 6 documents, data, or information considered confidential or privileged and furnished 7 to the state child ombudsman. 8 G.H. Notwithstanding any other provision of law to the contrary, the state 9 child ombudsman shall not be compelled to be a witness or be deposed in any case 10 where the state child ombudsman is not personally a defendant. 11 Section 2. R.S. 42:17(A)(12) is hereby enacted to read as follows: 12 §17. Exceptions to open meetings 13 A. A public body may hold an executive session pursuant to R.S. 42:16 for 14 one or more of the following reasons: 15 * * * 16 (12) Testimony including identifying information and explicit details 17 related to physical or sexual abuse of children. 18 * * * 19 Section 3. R.S. 44:4.1(B)(32) is hereby amended and reenacted to read as follows: 20 §4.1. Exceptions 21 * * * 22 B. The legislature further recognizes that there exist exceptions, exemptions, 23 and limitations to the laws pertaining to public records throughout the revised 24 statutes and codes of this state. Therefore, the following exceptions, exemptions, and 25 limitations are hereby continued in effect by incorporation into this Chapter by 26 citation: 27 * * * 28 (32) R.S. 46:56, R.S. 46:52.2, 56, 123(K), 236.1.1 through 238, 284, 286.1, 29 439.1, 446.1, 1073, 1355, 1806, 1831.5, 1844, 1862, 1923, 2124.1, 2134, 2187, 2356, 30 2416, 2597, 2603, 2625 Page 5 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 1 * * * 2 Section 4. R.S. 46:56(F)(1), (2), (8), (9)(a), (e), and (g), and (10)(a) are hereby 3 amended and reenacted and R.S. 46:1(7), 51(17) and (18), and 52.2 are hereby enacted to 4 read as follows: 5 §1. Definitions 6 As used in this Title, the following definitions shall apply: 7 * * * 8 (7) "Near fatality" means an act that, as certified by a physician, places 9 the child in serious or critical condition. 10 * * * 11 §51. Duties of the department 12 The Department of Children and Family Services, through its secretary, shall 13 administer the public assistance and welfare laws of the state as follows: 14 * * * 15 (17) Establish a law enforcement liaison position for the state. The law 16 enforcement liaison shall have previous law enforcement experience and shall 17 serve as a resource for law enforcement referrals and to facilitate joint 18 investigations between the department and law enforcement, as necessary. 19 (18) Designate an employee primarily responsible for overseeing all 20 matters regarding child fatalities and near fatalities, including but not limited 21 to child death notification to the state child ombudsman in accordance with R.S. 22 24:525. 23 * * * 24 §52.2. Critical incident review team 25 A. Each child fatality and near fatality substantiated by the department 26 as being the result of abuse or neglect shall be reviewed by the critical incident 27 review team, hereinafter referred to as the review team. Any child fatality or 28 near fatality that was unsubstantiated by the department as being the result of 29 abuse or neglect may be reviewed by the review team at the discretion of the 30 chair of the review team. Page 6 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 1 B. The review team shall consist of the following members: 2 (1) The secretary of the Department of Children and Family Services, or 3 his designee. 4 (2) The chief medical director of the Department of Children and Family 5 Services, or his designee. 6 (3) A representative of the Department of Justice designated by the 7 attorney general. 8 (4) A representative of the office of state police designated by the 9 superintendent of state police. 10 (5) A representative of the Louisiana Department of Health designated 11 by the secretary of the Louisiana Department of Health. 12 (6) A coroner or forensic pathologist appointed by the president of the 13 Louisiana State Coroner's Association. 14 (7) A representative of a child advocacy center designated by the 15 Louisiana Alliance of Children's Advocacy Centers. 16 (8) The state child ombudsman, or his designee. 17 (9) A quality-improvement or continuous-improvement employee of the 18 Department of Children and Family Services with training in safety science or 19 human-factors analysis appointed by the secretary of the department. 20 C.(1) The representative of the Department of Justice designated by the 21 attorney general shall serve as the chair of the review team. 22 (2) The representative of the chair shall direct and coordinate meetings 23 of the review team. 24 (3) The review team shall hold regular meetings at least quarterly and 25 shall hold special meeting as determined by the chair. 26 D. Each member of the review team shall provide any information 27 created or obtained by their representative organization related to a child 28 fatality or near fatality that is being reviewed within thirty days of being 29 notified that the child fatality or near fatality is being reviewed. 30 E. The review team shall do all of the following: Page 7 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 1 (1) Evaluate means by which a fatality or near fatality might have been 2 prevented. 3 (2) Report its findings to appropriate agencies and make 4 recommendations that may help to reduce the number of child deaths caused 5 by abuse or neglect. 6 (3) Make specific recommendations about policy or procedure needed to 7 address any issues raised in the review of the case and any recommendations for 8 further changes in policies, practices, rules, or statutes to address those issues. 9 F.(1) The review team, in order that it may perform its functions and 10 duties as provided in this Section, shall have access to any information, 11 documents, or records in the possession of any represented organization which 12 are pertinent to a fatality or near fatality selected for review. 13 (2) All records obtained by the review team, in accordance with the 14 provisions of this Section, shall be confidential and shall not be available for 15 subpoena nor shall such information be disclosed, discoverable, or compelled 16 to be produced in any civil, criminal, administrative, or other proceeding nor 17 shall such records be deemed admissible as evidence in any civil, criminal, 18 administrative, or other tribunal or court for any reason. 19 (3) In no instance shall the name or identifying information of the 20 reporter in a case of abuse or neglect be disclosed to the review team. 21 (4) The furnishing of confidential information, documents, and reports 22 in accordance with this Section by any person, agency, or entity furnishing such 23 information, documents, and reports shall not expose such person, agency, or 24 entity to liability and shall not be considered a violation of any privileged or 25 confidential relationship if the participant has acted in good faith in the 26 reporting as required in this Section. 27 * * * 28 §56. Applications and client case records; definitions; confidentiality; waiver; 29 penalty 30 * * * Page 8 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 1 F. The following information shall not be subject to waiver and shall not be 2 released to applicants, recipients, or outside sources, except those outside sources 3 engaged in the administration of the programs of the department or when specifically 4 authorized by law: 5 (1) Records pertaining to foster care of children, investigations of abuse and 6 neglect of children, and other child welfare services. For the purposes of this 7 Paragraph, case records of children in abuse and neglect and foster care cases may 8 be reviewed by the state child ombudsman pursuant to R.S. 24:525, attorneys 9 who are appointed by a court of juvenile jurisdiction to represent the sole interest of 10 the children, and pursuant to court order, such case records may be reviewed by 11 court-appointed special advocates appointed pursuant to Children's Code Article 12 424.1. Prior to a court hearing, the department may provide to such attorneys and 13 court-appointed special advocates copies of the most recent case plan for the child 14 and his family, the most recent court order and court report, and the child's most 15 recent medical report reports, including but not limited to psychological 16 counseling and behavioral health assessments. Additionally, pursuant to Children's 17 Code Article 616, a judge of a court exercising juvenile jurisdiction may request, in 18 writing to the department, central registry record checks. However, in no instance 19 shall the name or identifying information regarding a complainant in neglect and 20 abuse cases or the case records of the foster parents be subject to such review. The 21 department may, however, provide foster parents all information from the 22 department's records and from other records to which the department has access 23 concerning a child in the foster home, and concerning the child's family, where such 24 information is necessary for the foster parents to properly care for the child. The 25 department may also provide surrogate parents representing the special education 26 interests of children in the department's custody with all information from the 27 department's records and from other records to which the department has access 28 where such information is necessary for the surrogate parents to properly advocate 29 for the children. In any child custody proceeding, after the issue has been raised of 30 the potential existence of a relevant departmental record concerning the abuse or Page 9 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 1 neglect of a child who is the subject of that proceeding, the judge may contact the 2 local child protection unit to determine if such a record exists. If the department has 3 a substantiated report pursuant to Children's Code Article 615(B)(1) through (3), the 4 local child protection unit shall verbally advise the judge that such report is in the 5 possession of the unit. If the court finds that information which may be contained in 6 the report is necessary for an issue before the court, the court may order the release 7 of such information. If the report was unsubstantiated, such records shall be sealed 8 and accessible only pursuant to Children's Code Article 615. 9 (2) Information furnished to the department by persons, governmental 10 agencies, or other legal entities when such furnisher of information is subject to a 11 confidentiality statute or regulation which prohibits release of such information to 12 an outside source, and. 13 * * * 14 (8)(a) Case records involving investigation of reports of child abuse and 15 neglect shall be confidential in order to protect the rights of the child and his parents 16 or guardians. Information contained in such records shall only be made available as 17 provided in this Section or applicable state or federal laws or regulations. 18 (b) The department shall not disclose identifying information concerning an 19 individual who initiated a report or complaint of alleged child abuse or neglect, 20 except that the department shall disclose such information: 21 (i) To law enforcement involved in the investigation of a report or 22 complaint. 23 (ii) Pursuant pursuant to a court order after such court has reviewed, in 24 camera, the department's case record and finds reason to believe that the reporter 25 knowingly made a false report. 26 (9) Notwithstanding any other provision of this Section, limited public 27 disclosure of summary information contained in the child abuse or neglect records 28 of the Department of Children and Family Services may be made as follows: 29 (a) When there has been a child fatality or near fatality in which abuse or 30 neglect was medically determined by an examining physician to be a contributing Page 10 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 1 factor in the cause of death or near fatality. For purposes of this Paragraph, "near 2 fatality" means an act as certified by the physician who examined the child which 3 placed the child in serious or critical condition. 4 * * * 5 (e) The department shall not publicly disclose any information concerning the 6 individual initiating a report or complaint. Providing information to law 7 enforcement for purposes of investigating a report or complaint shall not be 8 considered publicly disclosing the information. 9 * * * 10 (g) Nothing in this Paragraph shall limit the authority of the department to 11 disclose requested information to the parent or guardian of an abused or neglected 12 child as otherwise provided by law, unless the parent or guardian is the alleged 13 perpetrator or living with or in a relationship with the alleged perpetrator. 14 * * * 15 (10)(a) Upon written request, the department shall disclose limited 16 information contained in child abuse or neglect records or reports to the following: 17 (i) An examining physician healthcare provider of a child whom he 18 reasonably believes has been abused or neglected. 19 (ii) A committee or subcommittee of the legislature which has subject matter 20 jurisdiction over child protection legislation according to the rules of the respective 21 house, provided that such information is reviewed in closed session and kept 22 confidential. 23 (iii) The executive director of a day care center an early learning center or 24 residential provider, provided that the use of such information is limited to a 25 confidential employee disciplinary investigation of alleged abuse or neglect of a 26 child within that facility and the employee who is the subject of the disciplinary 27 investigation is the subject of the requested information. However, the department 28 shall have the authority to fine, revoke, or suspend the license of any day care center 29 or residential provider, after due notice and a hearing, if the executive director 30 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 1 proceedings shall be conducted in accordance with rules and regulations to be 2 promulgated by the department. 3 (iv) The attorney who represents the child, the day care early learning 4 center, or an employee of the day care early learning center. 5 * * * 6 Section 5. Children's Code Arts. 508, 511(D), 609(A)(3), 610(A)(4)(a) and (D) 7 through (H), 612(A), (B), and (C), 619(A)(1), 620(A), and 725.5(A) are hereby amended and 8 reenacted and Children's Code Arts. 512(E), 524(B)(13), and 603(17)(p) and (33) are hereby 9 enacted to read as follows: 10 Art. 508. Multidisciplinary investigative team; scope of responsibility 11 A. Not later than February 15, 2004, a A multidisciplinary investigative team 12 shall be established for the investigation of child abuse within each judicial district. 13 B. The team shall be responsible for the investigation of all child sexual 14 abuse cases, abuse and neglect cases involving allegations of the commission of a 15 felony-grade crime against a child, and any other case involving trauma to a child, 16 in accordance with their agency scope of services, which is referred to the team by 17 any member and accepted by the team for investigation in compliance with the 18 interagency protocols developed and instituted in accordance with Articles 509 and 19 Article 510 of this Part. 20 C. Any child for whom the Department of Children and Family Services 21 or law enforcement has received a report of suspected sexual abuse or severe 22 physical abuse shall be referred to a child advocacy center for a forensic 23 interview in accordance with interagency protocols. The department or law 24 enforcement agency shall notify the child advocacy center within seventy-two 25 hours of receiving the report and the child advocacy center shall notify 26 members of the appropriate multidisciplinary team within twenty-four hours. 27 Every child advocacy center shall accept referrals from both the department 28 and law enforcement. The multidisciplinary team shall meet to review any case 29 in which a forensic interview has occurred. Law enforcement or the department 30 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 1 multidisciplinary team review. 2 C.D. Each team shall develop and institute interagency protocols in 3 accordance with Articles 509 this Article and Article 510 of this Part and shall 4 update the protocols as necessary. 5 * * * 6 Art. 511. Forensic interviewer; qualifications 7 * * * 8 D. The cost of employing and training the forensic interviewer is to be 9 decided on in the interagency protocols developed and instituted in accordance with 10 Articles 509 and Article 510 of this Part, and is not the responsibility of member 11 agencies unless agreed to in the protocols. 12 Art. 512. Composition of the multidisciplinary investigative team 13 * * * 14 E. Each governmental entity provided for in Paragraph B of this Article 15 shall have a representative in attendance at each multidisciplinary team 16 meeting. Each child advocacy center shall submit the attendance records for 17 each multidisciplinary team in the center's jurisdiction to the attorney general 18 every six months. The attorney general shall review the records for compliance 19 with this Article and shall notify any agency that is out of compliance. 20 * * * 21 Art. 524. Responsibilities 22 * * * 23 B. A child advocacy center shall be governed and managed so as to provide 24 at a minimum, for the following: 25 * * * 26 (13) Specialized policies for conducting forensic interviews with children 27 with disabilities or children who require special accommodations. 28 * * * 29 Art. 603. Definitions 30 As used in this Title: Page 13 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 1 * * * 2 (17) "Mandatory reporter" is any of the following individuals: 3 * * * 4 (p) A court-appointed supervised visit monitor. 5 * * * 6 (33) "Near fatality" means an act that, as certified by a physician, places 7 the child in serious or critical condition. 8 * * * 9 Art. 609. Mandatory and permitted reporting; training requirements 10 A. With respect to mandatory reporters: 11 * * * 12 (3)(a) To familiarize mandatory reporters, as defined by Children's Code 13 Article 603, with their legal mandate for reporting suspected child abuse and neglect, 14 such mandatory Mandatory reporters shall be offered training on the statutory 15 requirements and responsibility of reporting child abuse and neglect and how to 16 identify the signs and symptoms of child neglect and abuse, including sexual 17 abuse and human trafficking. This The training shall be made available by the 18 child welfare division of the Department of Children and Family Services or any 19 other mechanism as approved by the department as long as it includes information 20 on the reporting procedure and the consequences of failing to report. The 21 department may provide for an annual competency assessment which may be 22 used for training purposes. 23 (b) Each mandatory reporter may obtain mandatory reporting training as each 24 mandatory reporter believes to be necessary in accordance with Subsubparagraph (a) 25 or (d) of this Subparagraph. 26 (c)(b) The appropriate state regulatory department, board, commission, or 27 agency for each category of mandatory reporter may shall provide continuing 28 education credit for the completion of the training pursuant to this Paragraph. 29 (d)(c) Any entity, including but not limited to hospitals, educational and 30 religious institutions, and nonprofits, may provide its employees, volunteers, or Page 14 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 1 educational attendees with equivalent training pursuant to Subsubparagraph (a) of 2 this Subparagraph. 3 * * * 4 Art. 610. Reporting procedure; reports to the legislature and the United States 5 Department of Defense Family Advocacy Program 6 A. A reporter shall immediately report suspected child abuse or neglect or 7 that child abuse or neglect was a contributing factor in a child's death in the 8 following ways: 9 * * * 10 (4) Reports to the department shall be made as follows: 11 (a) A mandatory reporter shall make a report of suspected abuse or neglect 12 requiring immediate assistance via the designated state child protection reporting 13 hotline telephone number. A report of suspected abuse or neglect which is of a 14 nonemergency nature may be reported via the Louisiana Department of Children and 15 Family Services Mandated Reporter Portal. Reports may also be made in person at 16 any child welfare office. In receiving any report of child abuse or neglect, the 17 department or law enforcement agency shall clearly inform the reporter that, 18 unless the reporter requests anonymity, the department or law enforcement 19 agency may contact the reporter directly to obtain further information during 20 the investigation. 21 * * * 22 D. If the initial report was in oral form by a mandatory reporter, it shall be 23 followed by a written report made within five days via the online Mandated Reporter 24 Portal of the department or by mail to the centralized intake unit of the department 25 at the address provided on the website of the department; or, if necessary, to the local 26 law enforcement agency. The reporter may use a form for the written report, which 27 shall be developed, approved, and made available by the Department of Children and 28 Family Services. The form is optional and may be available electronically on the 29 department's website. 30 E.D.(1) All reports made to any local or state law enforcement agency Page 15 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 1 involving abuse or neglect in which an individual provided for in Subparagraph 2 (A)(1) of this Article is believed responsible shall be reported to the department 3 within twenty-four hours in accordance with Paragraph A of this Article. 4 (2)(a) All reports made to the department involving abuse or neglect in which 5 someone other than an individual provided for in Subparagraph (A)(1) of this Article 6 is believed to be responsible shall be reported to the appropriate law enforcement 7 agency within twenty-four hours by telephone. 8 (b) The department also shall report all cases of child death which involve 9 a suspicion of abuse or neglect as a contributing factor in the child's death to the 10 local and state law enforcement agencies, the office of the district attorney, the state 11 child ombudsman, and the coroner. 12 (3) Reports involving a felony-grade crime against a child shall be promptly 13 communicated to the appropriate law enforcement authorities as part of the 14 interagency protocols for multidisciplinary investigations of child abuse and neglect 15 in each judicial district as provided in Articles 509 and Article 510. 16 (4) The department shall communicate as soon as possible all reports 17 involving alleged child victims of sex trafficking to the Louisiana State Police for 18 referral to the appropriate local law enforcement agency for investigation or other 19 action as appropriate. 20 F.E. Any commercial film or photographic print processor who has 21 knowledge of or observes, within the scope of this professional capacity or 22 employment, any film, photograph, video tape, negative, or slide depicting a child 23 who he knows or should know is under the age of seventeen years, which constitutes 24 child pornography or child sexual abuse materials as defined in Article 603, shall 25 report immediately to the local law enforcement agency having jurisdiction over the 26 case. The reporter shall provide a copy of the film, photograph, videotape, negative, 27 or slide to the agency receiving the report. 28 G.F.(1) If a physician has cause to believe that a newborn was exposed in 29 utero to an unlawfully used controlled dangerous substance, as defined by R.S. 30 40:961 et seq., the physician shall order a toxicology test upon the newborn, without Page 16 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 1 the consent of the newborn's parents or guardian, to determine whether there is 2 evidence of prenatal neglect. If the test results are positive, the physician shall issue 3 a report, as soon as possible, in accordance with this Article. If the test results are 4 negative, all identifying information shall be obliterated if the record is retained, 5 unless the parent approves the inclusion of identifying information. Positive test 6 results shall not be admissible in a criminal prosecution. 7 (2) If there are symptoms of withdrawal in the newborn or other observable 8 and harmful effects in his physical appearance or functioning that a physician has 9 cause to believe are due to the chronic or severe use of alcohol by the mother during 10 pregnancy or are the effects of fetal alcohol spectrum disorder, the physician shall 11 issue a report in accordance with this Article. 12 H.G.(1) All instances of alleged child abuse that occur in a school setting 13 shall be immediately reported by the school to the child's parent or legal guardian 14 and to local or state law enforcement, regardless of the alleged perpetrator. 15 (2) If more than one child is involved in the allegations, the school shall 16 immediately report to the parent or legal guardian of all involved children. 17 (3) Law enforcement shall begin an investigation of the allegations within 18 forty-eight hours of receiving the report. 19 (4) If more than one child is involved in the allegations, law enforcement 20 shall interview the parent or legal guardian of all children involved. 21 (5) Any sexual abuse cases in which the alleged perpetrator is a child shall 22 be referred to the Department of Children and Family Services. The department shall 23 assess the family of the child victim and the alleged child perpetrator to ensure child 24 safety and well-being in accordance with Children's Code Article 612(A)(3). 25 (6) For purposes of this Article, the following definitions shall apply: 26 (a) "School setting" means in a school building, on school grounds, in school 27 vehicles, or at any activities sponsored by a public, private, or charter school. 28 (b) "Sexual abuse" means the perpetration or attempted perpetration of R.S. 29 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. 30 I.H.(1) The provisions of this Paragraph shall be known and may be cited as Page 17 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 1 The Alfred C. Williams Child Protection Act. 2 * * * 3 Art. 612. Assignment of reports for investigation and assessment 4 A.(1) Upon receiving a report of abuse or neglect of a child who is not in the 5 custody of the state, the local child protection unit of, the department shall promptly 6 immediately assign a level of risk to the child based on the information provided by 7 the reporter. 8 (2) Reports of high risk shall be investigated immediately and intermediate 9 levels of risk shall be investigated promptly. This investigation shall include a 10 preliminary investigation as to the nature, extent, and cause of the abuse or neglect 11 and the identity of the person actually responsible for the child's condition. This 12 preliminary investigation shall include an inquiry as to whether there is reason to 13 know that the child is an Indian child. This preliminary investigation shall also 14 include an interview with the child and the child's parents or other caretaker and shall 15 include consideration of all available medical information provided to the 16 department pertaining to the child's condition. If the report is of sexual abuse, the 17 preliminary interview with the child shall only be to assess the immediate safety 18 of the child and a forensic interview at a child advocacy center shall be 19 scheduled immediately. This preliminary investigation shall also include an 20 immediate assessment of any existing visitation or custody order or agreement 21 involving the alleged perpetrator and the child. The department shall request a 22 temporary restraining order pursuant to Article 617, a protective order pursuant to 23 Article 618, or an instanter safety plan order pursuant to Article 619 or 620 if the 24 department determines that any previously ordered visitation or custody would put 25 the child's health, welfare, and safety at risk. Admission of the investigator on school 26 premises or access to the child in school shall not be denied by school personnel. 27 However, the request for a temporary restraining order or a protective order in 28 accordance with this Article shall not independently confer exclusive jurisdiction on 29 the juvenile court in accordance with Article 303. 30 (3) In lieu of an investigation, reports of low levels of risk and reports from Page 18 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 1 law enforcement of child sexual abuse as provided for in Article 610 may be 2 assessed promptly through interviews with the family to identify needs and available 3 match to community resources. If during this assessment, it is determined that a child 4 is at immediate substantial risk of harm, the local child protection unit shall promptly 5 immediately conduct or participate in an intensive investigation. 6 (4) Any reports of sexual abuse in which the alleged perpetrator is a child 7 may be assessed immediately through interviews with family of the child victim 8 and the alleged child perpetrator to identify needs and available matches to 9 community resources. If, during this assessment, it is determined that a child 10 is at immediate substantial risk of harm, the local child protection unit shall 11 immediately conduct an intensive investigation. 12 (4)(5) During the investigation of a report from a treating health care 13 practitioner of physical abuse of a child who is not in custody of the state, at the 14 request and expense of the child's parent or caregiver, the department shall provide 15 copies of all medical information pertaining to the child's condition or treatment 16 obtained during the investigation to a board certified child abuse pediatrician for 17 purposes of conducting an independent review of the information. Any resulting 18 report shall be provided to the department and to the child's parent or caretaker and 19 shall be utilized in the department's ongoing assessment of risk and to determine 20 what action may be necessary to protect the health, welfare, and safety of the child. 21 Nothing in this Subparagraph shall be construed to prohibit granting an instanter 22 removal order pursuant to Article 615(B). 23 B. All persons, including without limitation mandatory and permissive 24 reporters, shall cooperate fully with investigative procedures, including independent 25 investigations and psychological evaluations of the child initiated by the parent on 26 behalf of the child. The provisions of this Paragraph shall not require the disclosure 27 of any communications between an attorney and his client or any confession or other 28 sacred communication between priest, rabbi, duly ordained minister, or Christian 29 Science practitioner and his communicant. 30 C. All interviews of the child or his parents conducted in the course of a child Page 19 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 1 protective investigation shall be recorded tape-recorded, if requested by the parent 2 or parents recorded. 3 * * * 4 Art. 619. Instanter custody orders; instanter safety plan orders 5 A.(1) A peace officer, district attorney, or employee of the local child 6 protection unit of the department may file a verified complaint alleging facts 7 showing that there are reasonable grounds to believe that the child is in need of care 8 and that emergency removal or the implementation of a safety plan is necessary to 9 secure the child's health, welfare, and safety. The department shall request 10 instanter custody of any child that is in the custody of another state and located 11 in Louisiana until the child can be returned to the state of original jurisdiction. 12 * * * 13 Art. 620. Oral instanter orders 14 A.(1) In exceptional circumstances, the facts supporting the issuance of an 15 instanter order and the exceptional circumstances may be relayed orally, including 16 telephonically, to the judge, and the order directing that a child be taken into custody 17 or, upon request by the state, that an instanter safety plan order be implemented may 18 be issued orally. 19 (2) An oral instanter order may be executed if the department requests 20 instanter custody of any child that is in the custody of another state and located 21 in Louisiana until the child can be returned to the state of original jurisdiction. 22 * * * 23 Art. 725.5. Duties of the Department of Children and Family Services 24 A. The department shall be responsible for investigating reports of abuse or 25 neglect where the abuser is believed to be a parent or caretaker, a person who 26 maintains an interpersonal dating or engagement relationship with the parent or 27 caretaker, or a person living in the same residence with the parent or caretaker as a 28 spouse whether married or not as provided for in Article 610. 29 * * * 30 Section 6. Pursuant to R.S. 49:193, the Department of Children and Family Services Page 20 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 1 and the statutory entities made a part of the department by law shall be re-created effective 2 June 30, 2026, and all statutory authority therefor is continued in accordance with the 3 provisions of Part XII of Chapter 1 of Title 49 of the Louisiana Revised Statutes of 1950. 4 Section 7. All statutory authority for the existence of the Department of Children and 5 Family Services and the statutory entities made a part of the department as re-created by 6 Section 6 of this Act shall cease as of July 1, 2029, pursuant to R.S. 49:191. However, the 7 Department of Children and Family Services may be re-created prior to such date in 8 accordance with the provisions of Part XII of Chapter 1 of Title 49 of the Louisiana Revised 9 Statutes of 1950. 10 Section 8. The provisions of R.S. 49:193 are hereby superseded to the extent that 11 those provisions are in conflict with the provisions of this Act. 12 Section 9. R.S. 49:191(2)(h) is hereby enacted to read as follows: 13 §191. Termination of legislative authority for existence of statutory entities; phase- 14 out period for statutory entities; table of dates 15 Notwithstanding any termination dates set by any previous Act of the 16 legislature, the statutory entities set forth in this Section shall begin to terminate their 17 operations on July first of each of the following years, and all legislative authority 18 for the existence of any statutory entity, as defined in R.S. 49:190, shall cease as of 19 July first of the following year, which shall be the termination date: 20 * * * 21 (2) July 1, 2028: 22 * * * 23 (h) The Department of Children and Family Services and all statutory 24 entities made a part of the department by law. 25 * * * 26 Section 10. R.S. 49:191(1)(h) is hereby repealed. 27 Section 11. Children's Code Articles 509 and 610(I) are hereby repealed. 28 Section 12. This Section and Sections 6 through 10 of this Act shall become effective 29 on June 30, 2026; if vetoed by the governor and subsequently approved by the legislature, 30 this Section and Sections 6 through 10 of this Act shall become effective on June 30, 2026, Page 21 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 1 or on the day following such approval by the legislature, whichever is later. 2 Section 13.(A) The provisions of Sections 1 through 5 and 11 of this Act shall 3 become effective January 1, 2027. 4 (B) The provisions of this Section shall become effective upon signature by the 5 governor or, if not signed by the governor, upon expiration of the time for bills to become 6 law without signature by the governor, as provided by Article III, Section 18 of the 7 Constitution of Louisiana. If vetoed by the governor and subsequently approved by the 8 legislature, the provisions of this Section shall become effective on the day following such 9 approval. PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 22 of 22 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.