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Terms Used In Louisiana Revised Statutes 14:403.8

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10

            A. It shall be unlawful for a child’s caretaker to fail to report to an appropriate authority the death of a child that occurs while the child is in the physical custody of the caretaker, within one hour of the caretaker’s discovery of the child’s death or one hour of the caretaker learning of the location of the child’s body.

            B. For purposes of this Section:

            (1) “Appropriate authority” includes:

            (a) A state or local law enforcement agency.

            (b) A 911 Public Safety Answering Point as provided in Title 33 of the Louisiana Revised Statutes of 1950.

            (c) The coroner of the parish in which the child’s body is located.

            (d) Emergency medical personnel.

            (2) “Caretaker” means the child’s parent, grandparent, guardian, or any person who, at the time of the child’s death, has physical custody of the child.

            (3) “Child” means any person under the age of seventeen years.

            C. Whoever violates the provisions of this Section shall be fined not more than five thousand dollars and shall be imprisoned, with or without hard labor, for not more than five years.

            D. The period of time in which a caretaker is required to report the death of a child as required by Subsection A of this Section shall be suspended for the period of time in which the caretaker is unable to make a report due to circumstances beyond the caretaker’s control.

            Acts 2012, No. 454, §1; Acts 2012, No. 477, §1, eff. June 3, 2012.