Cross-Reporting Among Agencies That Respond to Child Abuse and Neglect - Louisiana

Cross-Reporting Between Child Protective Services and Law Enforcement

Citation: Children's Code Art. 610(E)

All reports made to any local or State law enforcement agency involving abuse or neglect in which the child's parent or caregiver, a person who maintains an interpersonal dating or engagement relationship with the parent or caregiver, or a person living in the same residence with the parent or caregiver as a spouse, whether married or not, is believed responsible shall be communicated promptly to the Department of Social Services through the designated State child protection reporting hotline telephone number in accordance with a written working agreement developed between the local law enforcement agency and the department.

The department shall promptly communicate cases of abuse or neglect not involving a parent, caregiver, or occupant of the household to the appropriate law enforcement agency in accordance with the written working agreement developed between the department and law enforcement agency. The department also shall report all cases of child death that involve a suspicion of abuse or neglect as a contributing factor in the child's death to the local and State law enforcement agencies, the Office of the District Attorney, and the coroner.

Reports involving a felony-grade crime against a child shall be communicated promptly to the appropriate law enforcement authorities as part of the interagency protocols for multidisciplinary investigations of child abuse and neglect in each judicial district, as provided in Children's Code articles 509 and 510.

Other Reporting Requirements

Citation: Children's Code Art. 610(A)(2); 624; 624.1

In an investigation of a report of abuse or neglect allegedly committed by a person responsible for a child's care, custody, or welfare, the department shall determine whether the person is an active duty member of the U.S. Armed Forces or the spouse of a member on active duty. If the department determines the person is an active duty member of the U.S. Armed Forces or the spouse of a member on active duty, the department shall notify the U.S. Department of Defense Family Advocacy Program at the closest active duty military installation of the investigation.

If a child is not released to the care of his parents, a hearing shall be held by the court within 3 days after the child's removal or entry into custody. At the commencement of the hearing, on the record, the court shall ask each person before the court whether he or she knows or has reason to know that the child is an Indian child. Each person before the court shall be instructed to inform the court if he or she subsequently discovers information indicating that the child is an Indian child. At this hearing, the State has the burden of proving the existence of a ground for continued custody or the continued implementation of a safety plan pursuant to article 626.

A court has reason to know that a child in a continued custody hearing or other child custody proceeding is an Indian child if any of the following occurs:

• A person before the court, an officer of the court involved in the proceeding, an Indian Tribe, an Indian organization, or an agency informs the court that the child is an Indian child.
• A person before the court, an officer of the court involved in the proceeding, an Indian Tribe, an Indian organization, or an agency informs the court that it has discovered information indicating that the child is an Indian child.
• The child who is the subject of the proceeding gives the court reason to know that he or she is an Indian child.
• The court is informed that the domicile or residence of the child, the child's parent, or the child's Indian custodian is on a reservation or in an Alaska Native village.
• The court is informed that the child is or has been a ward of a Tribal court.
• The court is informed that either parent or the child possesses an identification card indicating membership in an Indian Tribe.

If the court makes a finding that there is reason to know that the child is an Indian child, the court may enter any order for placement in accordance with article 627, but the court shall thereafter proceed as if the child is an Indian child.