RS 9:2800.9
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RS 9:2800.9
§2800.9. Action against a person for abuse of a minor
A.(1) An action against a person for sexual abuse of a minor or for physical abuse of a minor resulting in permanent impairment or permanent physical injury or scarring does not prescribe. "Abuse" has the same meaning as provided in Children's Code Article 603.
(2)An action against a person convicted of a crime against the child does not prescribe and may be filed at any time following conviction. "Crime against the child" has the same meaning as provided in Children's Code Article 603.
B. Every plaintiff twenty-one years of age or older at the time the action is filed shall file certificates of merit executed by the attorney for the plaintiff and by a licensed mental health practitioner selected by the plaintiff declaring, respectively, as follows:
(1)That the attorney has reviewed the facts of the case, that the attorney has consulted with at least one licensed mental health practitioner who is licensed to practice and practices in this state and whom the attorney reasonably believes is knowledgeable of the relevant facts and issues involved in the particular action, and that the attorney has concluded on the basis of that review and consultation that there is reasonable and meritorious cause for the filing of the petition. The person consulted may not be a party to the litigation.
(2)That the mental health practitioner consulted is licensed to practice and practices in this state and is not a party to the action, has interviewed the plaintiff and is knowledgeable of the relevant facts and issues involved in the particular action, and has concluded, on the basis of his knowledge of the facts and issues, that in his professional opinion there is a reasonable basis to believe that the plaintiff has been subject to criminal sexual activity or physical abuse during his childhood as defined in this Section.
(3)That the attorney was unable to obtain the consultation required by Paragraph
(1)because a statute of limitations would impair the action and that the certificates required by Paragraphs
(1)and
(2)could not be obtained before the impairment of the action. If a certificate is executed pursuant to this Paragraph, the certificates required by Paragraphs
(1)and
(2)shall be filed within sixty days after filing the petition.
C. Where certificates are required pursuant to Subsection B of this Section, separate certificates shall be filed for each defendant named in the complaint.
D. A petition filed pursuant to Subsection B of this Section may not name the defendant or defendants until the court has reviewed the certificates of merit filed and has determined, in camera, based solely on those certificates of merit, that there is reasonable and meritorious cause for filing of the action. At that time, the petition may be amended to name the defendant or defendants. The duty to give notice to the defendant or defendants shall not attach until that time.
E. A violation of Subsection B of this Section may constitute unprofessional conduct and may be the grounds for discipline against the attorney.
Acts 1993, No. 694, §1; Acts 1995, No. 503, §1; Acts 2021, No. 322, §1, eff. June 14, 2021; Acts 2022, No. 386, §1, eff. June 10, 2022; Acts 2024, No. 481, §1; Acts 2024, No. 789, §3.
NOTE: See Acts 2024, No. 789, regarding effective date of Acts 2024, No. 481.