Regulation detail

La. R.S. 15:1504

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Adult Protective Services Act

Jurisdiction: LA Agency: Louisiana State Legislature
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This provision of Louisiana's Adult Protective Services Act establishes mandatory reporting requirements for any person who has cause to believe an adult has been or may be subjected to abuse, neglect, or exploitation, requiring them to report to the appropriate agency. It also provides civil and criminal immunity to good-faith reporters, investigators, and participants in related judicial proceedings, while excluding from immunity those who are perpetrators, make knowingly false reports, or commit contempt or perjury.

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RS 15:1504

§1504. Mandatory reports and immunity

A. Any person, including but not limited to a health, mental health, and social service practitioner, having cause to believe that an adult's physical or mental health or welfare has been or may be further adversely affected by abuse, neglect, or exploitation shall report in accordance with R.S. 15:1505.

B. No cause of action shall exist against any person who in good faith makes a report, cooperates in an investigation by an adult protective agency, or participates in judicial proceedings authorized under the provisions of this Chapter, or any adult protective services caseworker who in good faith conducts an investigation or makes an investigative judgment or disposition, and such person shall have immunity from civil or criminal liability that otherwise might be incurred or imposed. This immunity shall not be extended to:

(1) Any alleged principal, conspirator, or accessory to an offense involving the abuse or neglect of the adult.

(2) Any person who makes a report known to be false or with reckless disregard for the truth of the report.

(3) Any person charged with direct or constructive contempt of court, any act of perjury as defined in Subpart C of Part VII of Chapter 1 of Title 14, or any offense affecting judicial functions and public records as defined in Subpart D of Part VII of Chapter 1 of Title 14.

Acts 2008, No. 181, §2, eff. June 13, 2008.

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