Originally published: . Volume 6, No. 5. Source pages: 7.
HB 385 would amend the Children’s Code and provide an exception to the definition of mandatory reporter for mental health and social service practitioners who are serving as part of an attorney's team rendering legal services to a client. The change was recommended by the Louisiana State Law institute, and bill authored by Representative Nancy Landry.
According to the legislative digest, present law defines "mandatory reporter" to include a mental health/social service practitioner who provides mental health care or social service diagnosis, assessment, counseling, or treatment, including a psychiatrist, psychologist, marriage or family counselor, social worker, member of the clergy, aide, or other individual who provides counseling services to a child or his family.
Proposed law further adds an exception to the definition for mental health/social service practitioners serving as part of the legal team rendering legal services to a client.
“Notwithstanding any other provision of law to the contrary, a mental health/social service practitioner shall not be considered a mandatory reporter under the following limited circumstances: (i) when the practitioner is engaged by an attorney to assist in the rendition of professional legal services to a client and (ii) when the knowledge that would serve as the basis for reporting arises in furtherance of facilitating the rendition of those professional legal services to that client.”
Proposed law also adds behavioral health professional to the definition.
The measure was approved by the Committee on Health and Welfare, with amendments and a 14 to 0 favorable report, on April 22. Scheduled for floor debate on May 4.
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