reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Children's Code › Art. 412.1. Data collection and remittance

Art. 412.1. Data collection and remittance
A. Each special juvenile court created by law with exclusive original juvenile jurisdiction may biennially report, by respective section or division, to the Louisiana Supreme Court and its local district attorney and sheriff the aggregate number of preadjudication and postadjudication court interventions resulting from taking a child into custody for the alleged commission of a delinquent act for each child who is:
(1) Released to the custody of his parents or other suitable persons.
(2) Placed on probation.
(3) Committed to the custody of the Department of Public Safety and Corrections.
(4) Referred for appropriate placement at detention, shelter, or other treatment facilities.
(5) Referred to an alternative formal processing program.
B. In addition, such courts may also report by respective section or division to the Louisiana Supreme Court and the local district attorney and sheriff the aggregate number of times each statute was allegedly violated by a child, the number of cases in which adjudicated juveniles violated probation, and the number of times a specific term of probation was violated, including but not limited to curfews, ankle bracelets, and house arrests.
C. The Louisiana Supreme Court may develop a form to be used by the courts for such reporting and provide by policy for the uniform definitions of terms so as to allow statistical analysis of the data and information submitted.
D. The local district attorney or sheriff, at his expense, may publish the data received in the official journal of the locality.
Acts 2012, No. 859, §1.
2023 Louisiana Laws › Children's Code › Art. 413. Records; intercourt transfer

Art. 413. Records; intercourt transfer
A. When any court of this state makes a written request, including telegraphic, teletyped or facsimile transmission requests, hereinafter "requesting court", of any other court, hereinafter "responding court", for the arrest, disposition, and other records relating to a juvenile currently within the jurisdiction of the requesting court, the responding court shall promptly comply with such requests by depositing the requested information in the mail, addressed to the requesting court, within ten days exclusive of legal holidays.
B. Failure to comply with the provisions of this Article shall subject the violating court to disciplinary action by the Supreme Court of Louisiana upon receipt by the judicial administrator of the supreme court of a written complaint, subsequently substantiated, by the requesting court.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
2023 Louisiana Laws › Children's Code › Art. 414. Disclosure of records for sentencing

Art. 414. Disclosure of records for sentencing
A. Notwithstanding any provision of law to the contrary, upon written request, reports and records concerning juvenile court proceedings shall be released to the sentencing judge when necessary for sentencing.
B. The request shall be complied with promptly; however, not more than ten days, exclusive of legal holidays, shall lapse after receipt of the request before the requested information is deposited in the mail, addressed to the requesting court. The court may postpone imposition of sentence until the report is received.
C. Except as provided for in Articles 412(G) and 891(D), the sentencing court shall not copy, duplicate, or otherwise reproduce such juvenile records, and the records shall be deposited in the mail, addressed to the issuing court, within three days after sentencing.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1993, No. 840, §1; Acts 1994, 3rd Ex. Sess., No. 23, §2; Acts 2017, No. 362, §1.
2023 Louisiana Laws › Children's Code › Art. 415. Destruction of inactive and closed files

Art. 415. Destruction of inactive and closed files
A. On its own motion, after a contradictory hearing with the district attorney, the court may order the destruction of:
(1) Any reports or records of criminal neglect of family proceedings brought pursuant to Chapter 2 of Title XIII of this Code, which have been inactive or closed for five years.
(2) Any other reports or records concerning matters or proceedings under its juvenile jurisdiction which have been inactive or closed for ten years.
(3) Domestic relations and adoption reports and records provided that the clerk of court has reproduced such records by any method of photorecording, photocopying, microfilming, or other photographic method of reproduction and such reproduction shall be retained permanently by the clerk of court. The film stock used in making photographic or microphotographic copies and the processing of the copies shall comply with the standards of the American National Standard Institute for permanent record photographic microcopying film, and any electronic media used shall comply with the standards of the International Standards Organization for electronic storage of records.
B. Any microfilmed or electronically digitized report or record, when certified by the clerk of court and satisfactorily identified, shall be deemed to be an original itself, and shall be admissible in evidence in all courts or administrative proceedings in any agency, whether the preexisting hard copy of the report or record is in existence or not, and an enlargement or facsimile of such a report or record is likewise admissible in evidence, if the microfilm or electronically digitized report or record is in existence and available for inspection under direction of the court or the administrative agency.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 2008, No. 482, §1.
2023 Louisiana Laws › Children's Code › Art. 416. Service of motion to destroy reports and records

Art. 416. Service of motion to destroy reports and records
A. A motion to destroy reports and records shall be served upon all of the following:
(1) The district attorney.
(2) The clerk of the court whose records are sought to be destroyed.
(3) The head of any agency whose reports and records are sought to be destroyed.
B. Service shall be in the manner provided for service of a petition.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 417. Judgment ordering destruction of reports and records

Art. 417. Judgment ordering destruction of reports and records
A. A judgment ordering destruction of reports and records shall be in writing and shall be served upon all of the following:
(1) The district attorney.
(2) The clerk of the court whose reports and records are to be destroyed.
(3) The head of the agency whose reports and records are to be destroyed.
B. Service shall be in the manner provided for service of a petition.
C. The judgment shall specify the manner and time within which the destruction is to be effected and shall also specify the limitations of Paragraph E of this Article.
D. The judgment may require the custodian of records to submit an affidavit to the court attesting that the reports and records have been destroyed.
E. Although the custodian of the records or report may keep a copy of the judgment ordering destruction, he shall not disclose the fact that such judgment is maintained or that the destroyed reports or records previously existed to anyone except upon written order of the court.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 418. Juvenile court; juvenile judge

CHAPTER 4. COURT PERSONNEL
Art. 418. Juvenile court; juvenile judge
When another statute uses the term "juvenile court" or "juvenile judge" for purposes of proceedings under this Code, those terms shall be construed to mean "court" or "judge" as defined in Article 116.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 419. Court personnel

Art. 419. Court personnel
A. The judge of the court may employ such stenographic, secretarial, and other personnel deemed necessary to make the functions of the court effective and provide adequate service.
B. The employment of such persons shall be at the expense of the court and, unless otherwise provided by law, shall be paid by the respective parishes.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 420. Law clerks

Art. 420. Law clerks
Each judge of the juvenile court is hereby authorized to employ a law clerk, provided funds are available, to perform such research duties as the judge who employs the law clerk may assign. The salary of each such law clerk shall be fixed and paid on the warrant of the employing judge.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 421. Probation officers

Art. 421. Probation officers
A. The judge of the court shall have the authority to commission probation officers, one of whom may be designated as chief probation officer or director of probation.
B. Probation officers shall have the power and authority to make arrests, serve notices, orders, subpoenas, and writs, and to execute all orders and perform any other duties incident to their office. Nothing herein contained shall be construed to relieve the sheriff from the duties as set forth in R.S. 13:5539.
C. Employment of such personnel by any court for its exclusive service shall in no wise be affected by or limit the court in availing itself of the services of such officers or other employees as may be provided by the state.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 422. Juvenile traffic referee

Art. 422. Juvenile traffic referee
A. The judge, or a majority of the judges of a court, may appoint persons to serve as juvenile traffic referees to adjudicate and dispose of traffic violations, when authorized by local rule of court under Article 401. The adjudication and disposition shall be held in the parish where the juvenile is domiciled with his parent or tutor or the parish in which the child is residing. If the violation occurred in a different parish, the court in that parish shall transfer the case to the juvenile court in the parish where the child is domiciled or resides for adjudication and disposition.
B. Any person appointed to serve as a juvenile traffic referee shall have been admitted to the practice of law in this state for at least five years prior to his appointment and shall be domiciled in the district or parish in which the court is located.
C. Any person who is serving and, since September 6, 1985, has served as a juvenile traffic referee without having had the qualifications set forth in this Article may continue to serve in that capacity and all acts performed by such a person in that capacity from and after September 6, 1985, are hereby ratified, confirmed, and validated.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1993, No. 684, §1.
2023 Louisiana Laws › Children's Code › Art. 424. Court-appointed special advocates (CASA); purpose

Art. 424. Court-appointed special advocates (CASA); purpose
The purpose of CASA is to advocate for timely placement of children in permanent, safe, and stable homes.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1997, No. 904, §1, eff. July 10, 1997; Acts 1999, No. 275, §1, eff. July 1, 1999.
2023 Louisiana Laws › Children's Code › Art. 424.1. CASA; appointment

Art. 424.1. CASA; appointment
A. The court is authorized in child in need of care proceedings, or in any certification for adoption proceedings, and adoption proceedings arising from a child in need of care proceeding, or a safe haven relinquishment, to appoint a CASA program as defined in Article 116 to assist the court in fulfilling its duties and responsibilities to children brought into court.
B. Except as otherwise ordered by the court, the appointment of a CASA program for a child shall include subsequent proceedings through permanent placement of the child as defined by Article 603, including families in need of services or delinquency proceedings.
C. Upon appointment, the CASA program shall designate the individual CASA volunteer for assignment to the child. The CASA volunteer shall have as his special duty and responsibility the advocacy of the best interests of the child involved in the juvenile proceeding in which he is assigned.
D. CASA volunteers serve without compensation and at the pleasure of the court exercising juvenile jurisdiction. The judge of the court will first satisfy himself of the volunteer's qualifications, training, and ability to serve as a CASA volunteer, including his ability to represent and advocate the best interest of children assigned to him. No volunteer shall be assigned until a comprehensive criminal background check has been conducted.
E. All CASA volunteers shall:
(1) Be sworn by a judge of the court.
(2) Swear or affirm to abide by all laws, regulations, and orders of court.
(3) Swear or affirm to advocate what he perceives to be in the best interest of the child for whom he is assigned in all matters pending before the court.
Acts 1999, No. 275, §1, eff. July 1, 1999; Acts 2003, No. 609, §1; Acts 2008, No. 394.
2023 Louisiana Laws › Children's Code › Art. 424.2. CASA; order of assignment

Art. 424.2. CASA; order of assignment
To accomplish the assignment of a CASA volunteer, the court shall issue an order of assignment which shall grant the CASA volunteer the authority to review all relevant documents pursuant to Article 424.6 and to interview all parties and witnesses involved in the proceeding in which he is appointed. The court may also grant the CASA volunteer access to the home in which the child is placed.
Acts 1999, No. 275, §1, eff. July 1, 1999; Acts 2018, No. 320, §1.
2023 Louisiana Laws › Children's Code › Art. 424.3. CASA; duties

Art. 424.3. CASA; duties
Under the supervision of the CASA program, it shall be the duty of a CASA volunteer to:
(1) Provide independent, factual information to the court regarding the children and cases to which they are assigned.
(2) Advocate on behalf of the children involved in the cases in which they are assigned what they perceive to be in the best interest of the children.
(3) Monitor proceedings in cases in which they have been assigned and advise and assist the court in its determination of the best interest of the children involved.
Acts 1999, No. 275, §1, eff. July 1, 1999.
2023 Louisiana Laws › Children's Code › Art. 424.4. CASA; notice

Art. 424.4. CASA; notice
A. The CASA volunteer shall be notified by the court of all court proceedings and hearings of any kind pertaining to a child for whom he is assigned.
B. The CASA volunteer shall be notified by the department and shall be entitled to attend all administrative review hearings and family team meetings concerning the case to which he has been assigned, unless the parent objects.
Acts 1999, No. 275, §1, eff. July 1, 1999; Acts 2018, No. 320, §1.
2023 Louisiana Laws › Children's Code › Art. 424.5. CASA; appearance; witness

Art. 424.5. CASA; appearance; witness
A. The CASA volunteer shall be entitled to attend all court proceedings and hearings of any kind pertaining to a child for whom he is assigned.
B. The CASA volunteer may be called as a witness in the proceedings by any party or by the court and may request of the court the opportunity to appear as a witness.
Acts 1999, No. 275, §1, eff. July 1, 1999.
2023 Louisiana Laws › Children's Code › Art. 424.6. CASA; access to records; confidentiality

Art. 424.6. CASA; access to records; confidentiality
A. The CASA volunteer shall be given access to all portions of the court record relating to proceedings pertaining to a child for whom he is assigned and to the child's family.
B. Upon application to the court and notice to all parties, the court shall grant the CASA volunteer access to other information, including the department records as provided in R.S. 46:56, relating to the child and his family and to other matters involved in the proceeding in which he is appointed.
C. All records and information requested or reviewed by the CASA volunteer in the course of his assignment shall be deemed confidential and shall not be disclosed by him except pursuant to court order. Such material will only be disclosed as directed by court order and will be subject to whatever protective order the court deems appropriate.
Acts 1999, No. 275, §1, eff. July 1, 1999.
2023 Louisiana Laws › Children's Code › Art. 424.7. CASA; reports

Art. 424.7. CASA; reports
A. The CASA program shall submit reports to the court. Except as provided in Paragraph B, it shall distribute a copy of such reports, prior to or at the same time it is submitted to the court, to all counsel of record, any unrepresented party, and the department.
B. CASA reports may be subject to a protective order upon the request of the CASA volunteer, a party or party's attorney, or by the action of the judge.
Acts 1999, No. 275, §1, eff. July 1, 1999; Acts 2001, No. 567, §1.
2023 Louisiana Laws › Children's Code › Art. 424.8. CASA; request for hearing

Art. 424.8. CASA; request for hearing
The CASA volunteer may request a hearing before the court for any of the following reasons:
(1) The case plan on behalf of the child is not being implemented or adhered to by any party.
(2) The plan is not meeting the child's needs.
(3) Other reasons in the best interests of the child.
Acts 1999, No. 275, §1, eff. July 1, 1999.
2023 Louisiana Laws › Children's Code › Art. 424.10. CASA; immunity

Art. 424.10. CASA; immunity
No cause of action shall exist against any CASA volunteer, director, employee, staff, or volunteer who in good faith makes a report, cooperates in an investigation by an agency, or participates in judicial proceedings. Each such person shall have immunity from civil or criminal liability that might otherwise be incurred or imposed. This immunity from liability shall not extend to:
(1) An alleged principal, conspirator, or accessory to an offense involving the abuse or neglect or sexual exploitation of a child.
(2) A person who makes a report known to be false or with reckless disregard for the truth of the report.
(3) The unauthorized divulging of confidential information occasioned by the CASA volunteer's gross fault or gross neglect.
Acts 1999, No. 275, §1, eff. July 1, 1999.
2023 Louisiana Laws › Children's Code › Art. 427. Clerks; duties; authority

CHAPTER 5. DUTIES OF COURT CLERKS
Art. 427. Clerks; duties; authority
A. Court clerks shall perform all duties generally required by law of clerks and all duties specifically required under the provisions of this Code.
B. Court clerks shall have all powers and authority granted by law.
Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 436. Definitions

Art. 436. Definitions
(1) "Approved register" means the register of qualified mediators prepared and maintained by the Alternative Dispute Resolution Section of the Louisiana State Bar Association.
(2) "Mediation" is a procedure in which a mediator facilitates communication between the parties concerning the matters in dispute and explores possible solutions to promote reconciliation, understanding, and settlement.
(3) "Mediation parties" means:
(a) In a child in need of care proceeding, a representative of the Department of Children and Family Services, the parent, and the child.
(b) In a delinquency proceeding, the alleged victim and offender.
(c) In a families in need of services proceeding, the parent and the child and any other person involved in the complaint including, in truancy cases, a school representative, and, in offense cases, the alleged victim.
(4) "Mediator" is a third-party neutral who assists the parties in attempting to reach an agreement and who lacks the authority to impose any particular agreement upon them or to recommend any particular disposition of the case to the court.
Acts 1999, No. 894, §1.
2023 Louisiana Laws › Children's Code › Art. 437. Referral for mediation

Art. 437. Referral for mediation
A. At any time the court may order the referral for mediation in any proceeding authorized by this Code, except domestic abuse assistance proceedings brought pursuant to Chapter 8, Title XV.
B. The referral order shall recite that while the parties must attend a scheduled mediation session and must attempt to mediate in good faith, they are not required to reach an agreement.
Acts 1999, No. 894, §1; Acts 2007, No. 396, §1; Acts 2017, No. 359, §§1, 4, special eff. date.
2023 Louisiana Laws › Children's Code › Art. 438. Selection and appointment of mediator; disclosure; revocation

Art. 438. Selection and appointment of mediator; disclosure; revocation
A. Once an order referring a case for mediation has been signed, the parties are encouraged to mutually agree upon a person to be appointed as the mediator from among those qualified in accordance with Article 439. Upon such agreement, the parties shall submit the mediator's name to the court and the court shall enter an order of appointment.
B. A mediator may decline a proposed appointment.
C. If the parties fail to agree upon a mediator within fifteen days after the signing of the referral order or if a mediator has declined appointment, the court may appoint a mediator who meets the qualifications of Article 439 and who is willing to serve or the court may return the case to the docket for further proceedings.
D. Upon notice of appointment, a mediator must disclose to the parties and the court any representation, consultation, or any other professional or personal relationship with any party or counsel that might reasonably raise a question about the mediator's impartiality. The burden of disclosure rests on the mediator. After appropriate disclosure, the mediator may serve if both parties so desire with the approval of the court. If the mediator believes or perceives that there is a clear conflict of interest, he should withdraw, irrespective of the expressed desires of the parties.
E. At any time during the pendency of the proceedings the court may revoke the mediator's appointment upon motion of any party on grounds of the mediator's lack of qualifications or lack of impartiality.
Acts 1999, No. 894, §1; Acts 2001, No. 567, §1.
2023 Louisiana Laws › Children's Code › Art. 439.1. Duties of mediator

Art. 439.1. Duties of mediator
A. The mediator shall assist the parties in formulating an agreement to mediate. The agreement shall be in writing, dated, and signed by the parties. It shall identify the controversies between the parties, affirm the parties' intent to resolve these controversies through mediation, and specify the circumstances under which the mediation may continue.
B. A mediator shall not knowingly assist the parties in reaching an agreement which would be unenforceable for reasons such as fraud, duress, overreaching, the absence of bargaining ability, or unconscionability.
C. Prior to signing such an agreement, the mediator shall advise the parties that each of them may obtain review by an attorney of any agreement reached as a result of the mediation.
D. The mediator shall at all times be impartial.
Acts 2001, No. 567, §1.
2023 Louisiana Laws › Children's Code › Art. 441. Confidentiality

Art. 441. Confidentiality
A. All oral and written communications and records made during the mediation of a juvenile proceeding are not subject to disclosure and may not be used as evidence in any judicial or administrative proceeding unless:
(1) The communication or record presented in the course of mediation is otherwise subject or is otherwise admissible if based on proof independent of the mediation.
(2) All parties and the mediator specifically agree in writing to waive confidentiality.
(3) Whenever the mediator has cause to believe that a child's physical or mental health or welfare is endangered by abuse or neglect, he shall report and refer the charges to the local child protection unit of the Department of Children and Family Services in accordance with Article 610.
(4) Disclosure is permitted by Paragraph B of this Article.
B. The mediator, parties, counsel, and other participants shall not be required to testify or otherwise make disclosure through discovery and are not subject to subpoena except:
(1) The mediator may report to the court whether the parties appeared as ordered, whether mediation took place, and whether a settlement resulted.
(2) The mediator may maintain records of mediation cases and may use data for research, training, or statistical reports to the court, provided all individual identifying information about the clients is removed.
(3) The court may compel testimony or documents in a contempt proceeding alleging that a party failed to comply with a court order referring the case for mediation; however, the disclosure of any communications and records made during the course of the mediation shall be strictly limited to the issue of noncompliance with the court's order.
(4) A court or administrative tribunal may compel testimony in a proceeding concerning the professional competence or ethics of the mediator or otherwise if necessary to prevent fraud or manifest injustice.
C. In any judicial or administrative proceeding in which disclosure is sought, the court shall determine in camera whether the facts, circumstances, and context of the communications or records warrant a breach of confidentiality in accordance with this Article.
D. The confidentiality protections of this Article are in addition to other provisions governing the confidentiality of juvenile court proceedings contained in this Code.
Acts 1999, No. 894, §1.
2023 Louisiana Laws › Children's Code › Art. 442. Termination of mediation

Art. 442. Termination of mediation
A. Either party may withdraw and terminate further participation in mediation at any time.
B. The mediator shall terminate mediation when:
(1) The mediator concludes that the participants are unable or unwilling to participate meaningfully in the process or that an agreement is unlikely.
(2) The mediator concludes that a party lacks the capacity to perceive and assert his own interests to the degree that a fair agreement cannot be reached.
Acts 1999, No. 894, §1.
2023 Louisiana Laws › Children's Code › Art. 443. Preparation of agreement; court approval

Art. 443. Preparation of agreement; court approval
A. If any agreement is reached by the parties, the mediator shall prepare a written document that contains the details of the agreement between or among the parties.
B. A proposed consent judgment incorporating the agreement shall be prepared by the mediator, signed by the parties, and submitted to the court for its consideration. If approved, the judgment shall be signed and filed in the record.
C. If no agreement has been reached, the mediator shall report that fact to the court without violating the policy of confidentiality of Article 441.
Acts 1999, No. 894, §1; Acts 2001, No. 567, §1.
2023 Louisiana Laws › Children's Code › Art. 444. Judicial oversight; periodic evaluation; contempt proceedings

Art. 444. Judicial oversight; periodic evaluation; contempt proceedings
A. The court has the continuing responsibility for monitoring the conduct of any mediator to whom the court has referred a case. In fulfilling that responsibility to ensure quality control, the court shall order the mediator to prepare regular statistical reports regarding cases referred for mediation. The court shall also seek evaluations of mediator competence from the parties, counsel, or other participants.
B. For the violation of the provisions of this Chapter, the court may institute proceedings for contempt against a mediator, party, counsel, or other participants.
Acts 1999, No. 894, §1.
2023 Louisiana Laws › Children's Code › Art. 501. Legislative findings

TITLE V
SERVICES TO FAMILIES
CHAPTER 1. PROTECTION OF CHILDREN
IN ABUSE INVESTIGATIONS
PART I. GENERAL PROVISIONS
Art. 501. Legislative findings
The legislature finds that the use of a multidisciplinary investigative team response to the investigation and disposition of allegations of child sex abuse or allegations of other serious physical abuse and the use of child advocacy centers will encourage agency cooperation, expedite the resolution of allegations, minimize the trauma to children and their families, and otherwise serve the best interests of the children of Louisiana. In accordance with Article V, Section 27 of the Constitution of Louisiana, nothing in this Title will in any way preclude the sheriff, as the chief law enforcement officer of the parish, from taking any action deemed necessary in cases of alleged child abuse or neglect.
Acts 1994, 3rd Ex. Sess., No. 69, §1, eff. July 7, 1994; Acts 1995, No. 1305, §1, eff. June 29, 1995; Acts 2003, No. 749, §1.
2023 Louisiana Laws › Children's Code › Art. 507. Purpose

PART II. MULTIDISCIPLINARY INVESTIGATIONS OF
ALLEGATIONS OF CHILD ABUSE AND NEGLECT
Art. 507. Purpose
The purpose of this Part is to protect children whose physical or mental health and welfare is substantially at risk of harm by sexual abuse, other physical abuse, neglect, or exploitation and who may be further threatened by the conduct of others, by providing a formal, comprehensive, integrated, multidisciplinary response to the investigation and disposition of cases of child abuse; by expediting and improving the validation or invalidation of such allegations for the benefit of the child, his family and any accused perpetrator; by encouraging the use of collaborative decisionmaking and case management thereby reducing to a minimum the number of times a child victim is questioned and examined, thus preventing further trauma to the child; by coordinating a therapeutic services program thereby providing safety and treatment for a child victim and his family; by developing communication and case coordination among community professionals and agencies who are involved in child protection; by collecting data needed to continually improve cooperative interagency investigations; and, by maintaining the confidentiality of agency records, to ensure the protection of the privacy of the child, his family and any accused perpetrator.
Acts 2003, No. 749, §1.
2023 Louisiana Laws › Children's Code › Art. 508. Multidisciplinary investigative team; scope of responsibility

Art. 508. Multidisciplinary investigative team; scope of responsibility
A. Not later than February 15, 2004, a multidisciplinary investigative team shall be established for the investigation of child abuse within each judicial district.
B. The team shall be responsible for the investigation of all child sexual abuse cases, abuse and neglect cases involving allegations of the commission of a felony-grade crime against a child, and any other case involving trauma to a child, in accordance with their agency scope of services, which is referred to the team by any member and accepted by the team for investigation in compliance with the interagency protocols developed and instituted in accordance with Articles 509 and 510 of this Part.
C. Each team shall develop and institute interagency protocols in accordance with Articles 509 and 510 of this Part.
Acts 2003, No. 749, §1.
2023 Louisiana Laws › Children's Code › Art. 509. Development of interagency protocols; drafting committee membership; meetings; compliance deadline

Art. 509. Development of interagency protocols; drafting committee membership; meetings; compliance deadline
A. In each judicial district, the district attorney or his designee shall establish a child abuse protocol committee and convene its meetings.
B. At a minimum, each committee shall include the following members:
(1) A representative of the office of children and family services, Department of Children and Family Services.
(2) The district attorney or his designee.
(3) The coroner or his designee who has responsibility in the district for the investigation of child abuse cases or expertise in the evaluation of child victims.
(4) A representative of the sheriff and of any other law enforcement agency having responsibility in the district for the investigation of child abuse.
(5) A licensed mental health professional who is experienced in the evaluation of child victims.
(6) A licensed medical professional who is experienced in the evaluation of child victims.
(7) A representative of a child advocacy center that is serving the district or if there is no child advocacy center, a child advocate who is appointed by the juvenile court, or if there is no juvenile court, a child advocate appointed by the division of the district court that hears juvenile cases.
(8) A representative of any other community agency which in the opinion of other team members would contribute to the development of comprehensive and integrated protocols.
C. The committee shall confect protocols in accordance with Article 510 of this Part and shall meet as often as needed to complete that task no later than August 15, 2006. Thereafter, the committee shall be convened upon the request of any team member in order to consider any proposed modifications to the existing protocols.
Acts 2003, No. 749, §1.
2023 Louisiana Laws › Children's Code › Art. 510. Contents of protocols; formal requirements

Art. 510. Contents of protocols; formal requirements
A. The interagency protocols for the multidisciplinary investigation of allegations of child abuse shall include but not be limited to agreement about the following issues:
(1) Identification of cases in which joint investigations are necessary or appropriate in accordance with Article 508 of this Part.
(2) Identification of community agencies and professions that should be permanent or ad hoc members of the multidisciplinary investigative team in accordance with Article 512 of this Part.
(3) Procedures for conducting joint investigations in emergency and nonemergency cases, including notification of team members about an investigation and a description of each agency's role and responsibilities.
(4) Procedures for ensuring that interviews of the child victim are conducted in a neutral, legally sound manner and by a qualified forensic interviewer, except when the circumstances of the particular case justify the assignment of another interviewer.
(5) Procedures for reducing the risk of harm to child victims, including ensuring that the child is in a safe surrounding, and when necessary the removal of the alleged perpetrator.
(6) Procedures for reducing the number of interviews of the child victim and the use, if available, of a child advocacy center.
(7) Procedures for developing a service and treatment plan for the child victim and his family.
(8) Procedures for respecting the confidentiality of agency records and information, and a policy identifying the conditions for the sharing of information.
(9) Administrative procedures, including the scheduling of team meetings and the designation of leadership roles.
(10) Any other procedures to avoid duplication of fact-finding efforts and interviews of the child.
B. The interagency protocols shall be in writing and signed by each member of the committee and by any other person with authority to bind a represented organization. A copy shall be filed with the juvenile courts, or if there is no juvenile court, with the division of the district court that hears juvenile cases, and also furnished to every agency involved in the investigation of child abuse or treatment of child victims.
C. No agreement made pursuant to this Article shall relieve any public agency of any obligation or responsibility otherwise imposed upon it by law, except that actual and timely performance by an intergovernmental legal entity created to perform joint intergovernmental functions by an agreement made under this Article may be offered in satisfaction of the obligation or responsibility.
Acts 2003, No. 749, §1.
2023 Louisiana Laws › Children's Code › Art. 511. Forensic interviewer; qualifications

Art. 511. Forensic interviewer; qualifications
A. In order to serve as a qualified forensic interviewer of children, a person shall:
(1) Possess a relevant educational or experiential background, preferably a college degree, or work experience in a field related to sociology, social work, education, criminal justice, nursing, psychology, counseling, or a similarly applied human services specialty.
(2) Complete a minimum of twenty-five hours of clinical training in interviewing traumatized children.
(3) Complete a minimum of eight hours of interviewing under the supervision of a qualified forensic interviewer of children.
(4) Demonstrate knowledge of investigations of child abuse and neglect, as well as knowledge of child development through coursework, professional training or experience.
(5) Maintain membership in appropriate national professional organizations that report research findings and offer opportunities for other continuing education for the enhancement of its members' knowledge and specialization.
B. In order to remain qualified, a forensic interviewer of children shall complete a minimum of twenty hours of additional clinical training every two years.
C. A forensic interviewer of children shall furnish satisfactory evidence of his qualifications.
D. The cost of employing and training the forensic interviewer is to be decided on in the interagency protocols developed and instituted in accordance with Articles 509 and 510 of this Part, and is not the responsibility of member agencies unless agreed to in the protocols.
Acts 2003, No. 749, §1.
2023 Louisiana Laws › Children's Code › Art. 512. Composition of the multidisciplinary investigative team

Art. 512. Composition of the multidisciplinary investigative team
A. The permanent members of the multidisciplinary investigative team shall include governmental entities and other professions with an expertise in evaluating child abuse.
B. Governmental entities that have responsibilities imposed by law for the investigation of child abuse include:
(1) The office of children and family services, Department of Children and Family Services.
(2) The district attorney.
(3) The sheriff and any other law enforcement agency having responsibility in the district for the investigation of child abuse.
(4) The coroner or his designee who is a licensed medical professional with experience in the investigation of child abuse or the evaluation of child victims.
C. Professionals whose expertise can contribute significantly to the investigation and evaluation of allegations of child abuse or to the provision of services to child victims and their families include:
(1) A licensed medical professional with experience in the investigation of child abuse or the evaluation of child victims.
(2) A licensed mental health professional with experience in the investigation of child abuse or the evaluation of child victims.
(3) A representative of a child advocacy center that serves the judicial district or if no center exists within the district, a child advocate who is appointed by the juvenile court, or if there is no juvenile court, the division of the district court that hears juvenile cases, to ensure that the best interests of children remain at the forefront of planning and decisionmaking.
(4) A representative of any community agency or other professional who is knowledgeable about child abuse and who might contribute to the decisionmaking process involving the investigation, evaluation or treatment of child victims of abuse.
(5) The victim assistance coordinator of the judicial district.
D. As needed for a particular child abuse case, the team may include an ad hoc representative of any other community agency or a professional who can contribute to the investigation of the specific case or types of cases.
Acts 2003, No. 749, §1.
2023 Louisiana Laws › Children's Code › Art. 513. Confidentiality policy

Art. 513. Confidentiality policy
A multidisciplinary team may obtain all information necessary to perform its official duties from any public agency, department or other organization, including material otherwise made confidential or privileged. Any confidential or privileged material or verbal information obtained by a team member during an investigation shall be disclosed only as necessary to other team members, and shall not be disclosed to any agency or individual not represented on the multidisciplinary team unless otherwise required by law.
Acts 2003, No. 749, §1.
2023 Louisiana Laws › Children's Code › Art. 514. Immunity from civil or criminal liability

Art. 514. Immunity from civil or criminal liability
A. In the consideration of any child abuse case, a member of a multidisciplinary team shall not be liable for civil damages while acting in the official scope of his duties if the member, in good faith, refers a report of alleged child abuse for investigation, conducts an investigation, makes an investigative judgment or disposition, or releases or uses information for the purpose of protecting a child.
B. The limitation of civil liability in Paragraph A of this Article does not apply if a multidisciplinary team member acts with gross negligence or in bad faith.
Acts 2003, No. 749, §1.
2023 Louisiana Laws › Children's Code › Art. 521. Purpose

CHAPTER 2. CHILD ADVOCACY CENTERS
Art. 521. Purpose
The purpose of this Chapter is to protect children whose physical or mental health and welfare is substantially at risk of harm by sexual abuse, other physical abuse, neglect, or exploitation, and who may be further threatened by the conduct of others, by providing for interprofessional and interagency cooperation in the investigation of such allegations; by facilitating the exchange of information among agencies, serving as a meeting place of multidisciplinary investigative teams, and as a place of referral for interviewing child victims; by using a multidisciplinary team and case management approach thereby reducing to a minimum the number of times a child victim is questioned, thus reducing further trauma to the child; by providing for the training and continuing education of skilled professional interviewers of child victims; by collecting data, thereby improving cooperative interagency investigations; by providing the services needed by child victims and their families thereby assisting them in their recovery process; by maintaining the confidentiality of center records, in order to ensure the protection of the privacy of the child, his family, and any accused perpetrator; and by developing community outreach programs, thereby enhancing the community's understanding of child abuse.
Acts 2003, No. 749, §1.
2023 Louisiana Laws › Children's Code › Art. 522. Applicability

Art. 522. Applicability
A. A child advocacy center is established and becomes subject to the provisions of this Chapter when all of the following have been accomplished:
(1) There is a multidisciplinary investigative team that is operational within the judicial district and in full compliance with the requirements of Part II of Chapter 1 of this Title.
(2) An agreement to use the services of a child advocacy center has been executed by representatives of the district attorney, the office of children and family services, Department of Children and Family Services, the coroner, the sheriff, and any other law enforcement agency having responsibility in the district for the investigation of child abuse.
(3) A nonprofit corporation certificate of incorporation has been issued or an agreement to create and assume responsibility for a child advocacy center has been executed by an existing nonprofit corporation or governmental unit.
B. A child advocacy center established before August 15, 2003, has six months from that date in which to revise, if necessary, its policies and procedures to comply with the requirements of this Chapter.
C. A child advocacy center may be established to serve the children and families of one or more judicial districts or parts thereof.
Acts 2003, No. 749, §1.
2023 Louisiana Laws › Children's Code › Art. 523. Governance of child advocacy centers; board of directors; bylaws; staff

Art. 523. Governance of child advocacy centers; board of directors; bylaws; staff
A. A child advocacy center established after August 15, 2003, as an independent nonprofit corporation shall be governed by a child advocacy board of directors, hereafter referred to as a "board", broadly representative of the community and organized in conformity with this Article. If a child advocacy center is a nonprofit corporation established before August 15, 2003, the corporation has until November 13, 2003, in which to revise, if necessary, its policies and procedures to comply with the requirements of this Chapter. All other Child Advocacy Centers under an umbrella of nonprofit corporations shall organize advisory councils or other groups that are broadly representative of the community and organized as nearly practicable in accordance with this Article to advise the corporation.
B. By a majority vote, the board shall adopt a written set of bylaws, multidisciplinary team investigative protocols in accordance with Articles 510 and 512 of this Title, interviewing guidelines and other written policies required by Article 524 of this Title, and a confidentiality policy in accordance with Article 525 of this Title. The board may add other bylaws or protocols as needed from time to time.
C. By a majority vote, the board shall also adopt necessary administrative policies and procedures, including provision for employees' job descriptions, supervision, salary, insurance and other benefits, liability coverage, and a policy of nondiscrimination in hiring or service.
D.(1) The board shall employ a director and such additional administrative and service staff as needed to offer services.
(2) The board shall also cause the sheriff and the Department of Children and Family Services to request that the Louisiana Bureau of Criminal Identification and Information conduct an examination of the criminal history record and identification files of the bureau for any applicant seeking employment at a child advocacy center. The sheriff and the department shall provide a written certificate indicating whether any information was discovered or that no information was found, all in accordance with the applicable rules and regulations promulgated by the department.
(3) The board, to the fullest extent possible, shall strive to hire employees who reflect the diversity of the served community.
E. The board shall have authority to accept any funds appropriated by the state or by any local governmental unit, any funds or grants allocated to it by any agency of the state or local governmental unit, and by any private donations. The board shall also have authority to apply for, receive, and administer any federal or state grants in its own name.
F. Unless specifically provided for by this Article or by the provisions of the bylaws, the board and the operations of a child advocacy center shall be governed by the provisions of Chapter 2 of Title 12 of the Louisiana Revised Statutes of 1950.
Acts 2003, No. 749, §1.