What is abuse/neglect?

The Louisiana Children’s Code provides the following definitions of abuse and neglect by a parent or caretaker:

"Caretaker" means any person legally obligated to provide or secure adequate care for a child, including a parent, tutor, guardian, legal custodian, foster home parent, an employee of a public or private day care center, an operator or employee of a registered family child day care home, or other person providing a residence for the child.

“Abuse” means any one of the following acts which seriously endanger the physical, mental, or emotional health and safety of the child:

• The infliction, attempted infliction, or, as a result of inadequate supervision, the allowance of the infliction or attempted infliction of physical or mental injury upon the child by a parent or any other person.

• The exploitation or overwork of a child by a parent or any other person, including but not limited to commercial sexual exploitation of the child.

• The involvement of the child in any sexual act with a parent or any other person, or the aiding or toleration by the parent, caretaker, or any other person of the child's involvement in any of the following:

  • Any sexual act with any other person.

  • Pornographic displays.

  • Any sexual activity constituting a crime under the laws of this state.

  • A coerced abortion conducted upon a child.

  • Female genital mutilation as defined by R.S. 14:43.4.

“Neglect” means the refusal or unreasonable failure of a parent or caretaker to supply the child with necessary food, clothing, shelter, care, treatment, or counseling for any injury, illness, or condition of the child, as a result of which the child's physical, mental, or emotional health and safety is substantially threatened or impaired. Neglect includes prenatal neglect. Consistent with Article 606(B), the inability of a parent or caretaker to provide for a child due to inadequate financial resources shall not, for that reason alone, be considered neglect. Whenever, in lieu of medical care, a child is being provided treatment in accordance with the tenets of a well-recognized religious method of healing which has a reasonable, proven record of success, the child shall not, for that reason alone, be considered to be neglected or maltreated. However, nothing herein shall prohibit the court from ordering medical services for the child when there is a substantial risk of harm to the child's health or welfare.

"Prenatal neglect" means exposure to chronic or severe use of alcohol or the unlawful use of any controlled dangerous substance, or in a manner not lawfully prescribed, which results in symptoms of withdrawal in the newborn or the presence of a controlled substance or a metabolic thereof in his body, blood, urine, or meconium that is not the result of medical treatment, or observable and harmful effects in his physical appearance or functioning.

The first step in helping abused or neglected children is learning to recognize the signs of child abuse and neglect.  The presence of a single sign does not prove child abuse is occurring in a family; however, when these signs appear repeatedly or in combination you should take a closer look at the situation and consider the possibility of child abuse.

Mandated reporters are any of the following individuals performing their occupational duties:

• “Teaching or child care provider” is any person who provides or assists in the teaching, training and supervision of a child, including any public or private school teacher, teacher's aide, instructional aide, school principal, school staff member, bus driver, coach, professor, technical or vocational instructor, technical or vocational school staff member, college or university administrator, college or university staff member, social worker, probation officer, foster home parent, group home or other child care institution staff member, personnel of a residential home facilities, a licensed or unlicensed daycare provider, or any individual who provides such services to a child in a voluntary or professional capacity.

• Police officers or law enforcement officials.

• "Coach" is any school coach including but not limited to public technical or vocational school, community college, college or university coaches and coaches of intramural or interscholastic athletics.