Louisiana Revised Statutes 40:2405.9 – A. The Council on Peace Officer Standards and Training shall develop guidelines and provide training for law enforcement agencies on identifying and ensuring the safety of minor or d
Terms Used In Louisiana Revised Statutes 40:2405.9
- Arrest: Taking physical custody of a person by lawful authority.
- Dependent: A person dependent for support upon another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Peace officer: means any employee of the state, a municipality, a sheriff, or other public agency, whose permanent duties actually include the making of arrests, the performing of searches and seizures, or the execution of criminal warrants, and is responsible for the prevention or detection of crime or for the enforcement of the penal, traffic, or highway laws of this state, but not including any elected or appointed head of a law enforcement department. See Louisiana Revised Statutes 40:2402
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
A. The Council on Peace Officer Standards and Training shall develop guidelines and provide training for law enforcement agencies on identifying and ensuring the safety of minor or dependent children upon the arrest of the child’s parent or guardian.
B. The guidelines and training shall include all of the following:
(1) Procedures to ensure that law enforcement officers inquire or otherwise ascertain whether an arrested person has a minor or dependent under his care, custody, or control at the time of the arrest.
(2) Procedures for the proper arrangement of temporary care for children to ensure their safety and well-being with a priority on placing children with supportive family members and trusted adults.
(3) Education on how witnessing a violent crime or other event causes emotional harm to children and how law enforcement can assist in mitigating the long-term effects of the trauma.
(4) Procedures for reporting on the number of instances requiring a referral to a partner organization or transportation of the child to a child advocacy center when the child is unable to be placed with a family member.
(5) Procedures to ensure law enforcement officers receive annual training as mandatory reporters of child abuse or neglect in accordance with Children’s Code Article 609.
C. The council shall work in conjunction with and receive input from appropriate nongovernmental organizations and other relevant organizations that are invested in the rights of children with incarcerated parents to develop and establish the guidelines and training program required by this Section.
D. Nothing in this Section shall preclude a law enforcement officer’s responsibility as a mandatory reporter to report suspected child abuse or neglect in accordance with Children’s Code Article 603.
Acts 2021, No. 126, §1.