Child Abuse and Neglect
Reporting Procedures
Louisiana State Statutes
La. Children's Code Ann. art. 603(13) (West, WESTLAW through all 2001 Reg. & Ex. Sess.); 609(A)(1) (West 1995); 610(F) (West Supp. 1999)
Who Must Report:
Any of the following individuals performing their occupational duties:
§ Health practitioners, including, but not limited to, physicians, surgeons, physical therapists, dentists, residents, interns, hospital staff members, podiatrists, chiropractors, licensed nurses, nursing aides, dental hygienists, emergency medical technicians, paramedics, optometrists, coroners, or medical examiners;
§ Mental health or social service practitioners, including psychiatrists, psychologists, marriage or family counselors, social workers, aides, or other individuals who provide counseling services to children and their families;
§ Teachers or child care providers, including, but not limited to, school principals, teacher's aides, school staff members, foster home parents, or group home or other child care institutional staff members; personnel of residential home facilities, day care providers, or any individuals who provide such services to children;
§ Police officers, law enforcement officials, probation officers;
§ Commercial film or photographic print processors;
§ Mediators.
Circumstances
§ When they have cause to believe that:
-A child's physical or mental health or welfare is endangered as a result of abuse or neglect; or
-Abuse or neglect was a contributing factor in a child's death;
§ Commercial film or photographic print processors must report when they have knowledge of or observe, within the scope of their professional capacities or employments, any film, photograph, videotape, negative, or slide depicting a child who they know or should know is under the age of 17 years which constitutes child pornography.
Privileged Communications
La. Children's Code Ann. art. 603(13)(b) (West, WESTLAW through all 2001 Reg. & Ex. Sess.)
When a priest, rabbi, duly ordained minister, or Christian Science practitioner has acquired knowledge of abuse or neglect from a person during a confession or other sacred communication, he shall encourage that person to report but shall not be a mandatory reporter of that information given in confession or sacred communication.
La. Children's Code Ann. art. 609(A)(1) (West 1995)
Notwithstanding any claim of privileged communication, any mandatory reporter who has cause to believe that a child's physical or mental health or welfare is endangered as a result of abuse or neglect or that abuse or neglect was a contributing factor in a child's death shall report in accordance with the reporting laws.
Mandatory Reporters of Child Abuse and Neglect
Professions that must report:
▪ Clergy
▪ Health Care Professionals
▪ Mental Health Professionals
▪ Social Work Professionals
▪ Education/Child Care Professionals
▪ Law Enforcement Professionals
Others:
▪ Commercial film or photographic print processors
▪ Mediators
Standard:
▪ Have cause to believe
Privileged Communications:
▪ Clergy/penitent
▪ Christian Science practitioner
HOW TO REPORT ABUSE
Website provided by Crime Victims Assistance funds—subgrant C97-8-011 from the LA Commission on Law Enforcement.
What To Do If You Suspect Child Abuse or Neglect
If you have reason to believe that a child is being abused or neglected, and that the abuse is by a parent or caretaker, call your local Office of Community Services. If you believe the abuse is by someone other than the parent or other caretaker, call your local police or sheriff.
Telephone numbers for the Office of Community Services in the eight civil parishes that comprise the Diocese of Lafayette are as follows: (consult your telephone directory for local police/sheriff department numbers.)
Acadia Parish 788-7503
Evangeline Parish 363-6011
Iberia Parish 373-0026
Lafayette Parish 262-5901
St. Landry Parish 942-0050
St. Martin Parish 394-6081
St. Mary Parish 828-5278
Vermilion Parish 898-1430
Information Needed for Report
If known, provide:
▪ Name, address, age, sex, and race of child
▪ Nature, extent and cause of child’s injuries or endangered condition including any previously known or suspected abuse to the child or to the child’s siblings
▪ Name and address of child’s parent or caretaker
▪ Child's family composition
▪ Names and ages of all other members of the child’s household
▪ Account of how this child came to the reporter’s attention
▪ Any explanation of the cause of the child’s injury or condition offered by the child, caretaker or any other person
▪ Any other information which the reporter believes might be important
▪ The report shall also name the person or persons who are thought to have caused or contributed to the child’s condition, if known, and the report shall contain the name of such person if he is named by the child.
Remember:
▪ Your report is a request for an investigation, not an accusation.
▪ Information you share is confidential.
▪ You should report EACH incident of suspected abuse.
Louisiana’s Children’s Code
The Louisiana Children’s Code, established in 1992, provides definitions of abuse and neglect and contains laws pertaining to child abuse and neglect reports and investigations. The purpose of the Children’s Code is to protect children whose physical or mental health and welfare are substantially at risk of harm by physical abuse, sexual abuse, emotional maltreatment, or neglect and may be further threatened by the conduct of those responsible for their care and protection.
The Children’s Code authorizes the court to provide protection for children. While the State respects the bond between a parent or guardian and child, it asserts the right to intervene for the general welfare of the child when there is clear and present danger to the child’s health, welfare, and safety.
Criminal laws are separate from the Children’s Code. Criminal laws provide for the prosecution of perpetrators in certain cases of child abuse involving sexual assault, physical abuse, and homicide. The investigation into violations of criminal laws is the responsibility of law enforcement.
Legal Definitions
▪ Abuse, as defined by law, is any one of the following acts which seriously endanger the physical, mental, or emotional health of the child
▪ The infliction, attempted infliction, or as a result of inadequate supervision, the allowance of the infliction or attempted infliction of physical or mental injury upon the child by a parent or any other person.
▪ The exploitation or overwork of a child by a parent or any other person.
▪ The involvement of the child in any sexual act with a parent or any other person, or the aiding or toleration by the parent or the caretaker of the child’s sexual involvement with any other person or of the child’s involvement in pornographic displays, or any other involvement of a child in sexual activity constituting a crime under the laws of this state.
▪ Neglect is the refusal or willful failure of a parent or caretaker to supply the child with necessary food, clothing, shelter, care, treatment, or counseling for any injury, illness or condition of the child, as a result of which the child’s physical, mental or emotional health is substantially threatened or impaired.
The following are not considered neglect:
▪ The inability of a parent or caregiver to provide for a child due to inadequate financial resources shall not, for that reason alone, be considered neglect.
▪ When, in lieu of medical care, a child is being provided treatment in accordance with the tenets of a well-recognized religious method of healing which has a reasonable, proven record of success, the child shall not, for that reason alone, be considered neglected or maltreated. Nothing shall prohibit the court from ordering medical services for the child when there is substantial risk of harm to the child’s health or welfare.
▪ Emotional Maltreatment is behavior by a parent(s) such as the failure or inability to nurture, protect, or provide appropriate guidance for the child to the extent that their emotional well being and functioning are seriously impaired.
Caretaker is any person legally obligated to provide or secure adequate care for a child. This includes:
parent, tutor, guardian, legal custodian, foster parent, employee of a public or private day care, or any other person providing a residence for the child.
Child is any person under age eighteen (18) who has not been emancipated either judicially or by marriage.
Reporting Abuse and Neglect
Certain individuals are mandated by law to report child abuse and neglect if they have reason to believe a child in their care is being abused or neglected. Mandatory reporters are in a position to identify children who are at risk from abuse and neglect. The Children’s Code names the following as mandatory reporters:
▪ Health Practitioners, including any individual who provides health care services
▪ Mental Health/Social Service Practitioners, including any person who provides mental health care or social service diagnosis, assessment, counseling or treatment
▪ Teaching or Child Care Providers, including any person who provides training and supervision of a child
▪ Police Officers/Law Enforcement Officials
▪ Commercial Film and Photographic Print Processors
All other individuals are “permitted” reporters. Individuals who report in good faith are immune from prosecution. Reporting should be considered a request for an investigation into a suspected incident of abuse or neglect, not an accusation. Reporters can remain anonymous and, if they chose to give their name, that information will remain confidential. Due to confidentiality laws, and in order to protect the family’s right to privacy, no confidential information about cases can be shared.
If a report of abuse or neglect involves a perpetrator who is not legally defined as a caretaker, it is law enforcement’s responsibility to conduct the investigation. If a report involves a perpetrator who is legally defined as a caretaker, it is the responsibility of Child Protection Services, within the Office of Community Services (Department of Social Services), to conduct the investigation.
Criteria for Acceptance of a Report
Not all reports of suspected child abuse or neglect are accepted for investigation. Reports must meet the following criteria:
▪ an alleged child victim under age 18
▪ alleged abuse or neglect by a caretaker
▪ the reporter has reason to believe that there is substantial risk of harm to the child’s welfare
Such as:
▪ Abuse or neglect have already occurred and the child’s physical, mental, or emotional health is seriously damaged by the action or inaction of the caretaker
▪ The reporter has either observed first hand the abuse or neglect or has first hand knowledge of the abuse or neglect.
For more information on the Louisiana Children’s Code, call the phone number for child protection in your area, or to talk with someone, please call the HELPLINE AT 1.800.348.KIDS
Information adapted from the Office of Community Services` Understanding Child Protection in Louisiana.
For additional information, go to http://www.calib.com/nccanch/statutes/stats02/mandatory/la.cfm and http://www.calib.com/nccanch/statutes/statutes/tblManda_searchresults.cfm
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Rev. 08/04