Establishment and Maintenance of Central Registries for Child Abuse or Neglect Reports - Louisiana

Date: May 2018

Establishment

Citation: Children's Code Art. 616; 616.2

The Department of Children and Family Services shall maintain a State repository of all reports of abuse and neglect. Within the State repository, the department shall maintain a State central registry of certain justified reports of abuse and neglect as set forth in rules promulgated by the department.

The Bureau of Identification and Information in the Office of State Police shall maintain a central index registry of all reports of sexual abuse obtained in accordance with article 615.1.

Purpose

Citation: Children's Code Art. 616; 616.2

The purpose of the central repository, among other uses, is to provide information of past reports of abuse or neglect to assist in the proper evaluation of current reports that may include a pattern of incidents.

Upon the written request of the court during its evaluation of an individual applying to work as a court-appointed special advocate (CASA) and with the consent of the applicant, the department shall search the central registry and report to the court any justified report of abuse or neglect alleging that the applicant is a perpetrator.

Information from investigations of reports that are inconclusive may be disclosed, with the applicant's written consent, for the limited purposes of evaluating the applicant to be a CASA volunteer, a foster parent, an adoptive parent, or a caregiver.

The purpose of the central index registry is to provide information of past reports of child sexual abuse to assist in the proper evaluation of current reports of abuse that may include a pattern of incidents and that may prove admissible in a criminal prosecution.

Contents

Citation: Children's Code Art. 616

The State repository shall contain all reports of child abuse and neglect. The State central registry shall contain certain justified reports of abuse and neglect as set forth in rules promulgated by the department.

Effective August 1, 2017, the name of an individual who is determined to be a perpetrator of abuse or neglect shall not be placed on the State central registry until that individual's administrative appeals are exhausted. All decisions rendered by an administrative law judge are final, and the decisions shall exhaust the individual's administrative remedy.

Maintenance

Citation: Children's Code Art. 616

When, after an investigation, the determination is made by the department that the report does appear to be justified, any subsequent adjudication by a court that dismisses petition for a child in need of care involving a report shall be added to the registry. Records shall be maintained during the pendency of any litigation involving those records.