La. Rev. Stat. § 46:460.83 — LA Code / Code revised-statutes / Title 46 / Section 460.83
Independent review; judicial appeal
Status: in_force

Within sixty calendar days of an independent reviewer's decision, either party to the dispute may file suit in any court having jurisdiction to review the independent reviewer's decision and to recover any funds awarded by the independent reviewer to the other party. Any claim concerning an independent reviewer's decision not brought within sixty calendar days of the decision shall be barred indefinitely. Suits filed pursuant to this Section shall be conducted in accordance with applicable provisions of the Code of Civil Procedure, and the review by the court will be de novo without regard to the independent reviewer's decision. The independent reviewer and any person who assisted the independent reviewer in reaching a decision shall be prohibited from testifying at the court proceeding considering the independent reviewer's decision. Venue shall be proper in the district court for the parish where either the healthcare provider or the managed care organization is domiciled, and the district court for that parish has exclusive jurisdiction thereof. If the dispute between the parties is not fully resolved prior to the entry of a final decision by the court initially hearing the dispute, then the prevailing party shall be entitled to an award of reasonable attorney fees and expenses from the nonprevailing party. For purposes of this Section, "reasonable attorney fees" means the number of hours reasonably expended on the dispute multiplied by a reasonable hourly rate, and shall not exceed ten percent of the total monetary amount in dispute or five hundred dollars, whichever amount is greater.

Acts 2017, No. 349, §2.
La. Rev. Stat. § 46:438.5 — LA Code / Code revised-statutes / Title 46 / Section 438.5
Civil monetary penalty
Status: in_force

A. In a civil action instituted in the courts of this state pursuant to the provisions of this Part, the secretary or the attorney general may seek a civil monetary penalty provided in R.S. 46:438.6(C) from any of the following:

(1) A health care provider or other person sanctioned by order pursuant to an administrative adjudication.

(2) A health care provider or other person determined by a court to have violated any provision of this Part.

(3) A health care provider or other person who has violated a settlement agreement entered into pursuant to this Part.

(4) A health care provider or other person who has been charged with a violation of R.S. 14:70.1, R.S. 14:133, or R.S. 46:114.2.

(5) A health care provider or other person who has been found liable in a civil action filed in federal court pursuant to 18 U.S.C. 1347, et seq., 42 U.S.C. 1359nn(h)(6), or 42 U.S.C. 1320a-7(b).

(6) A health care provider or other person who has pled guilty to, pled nolo contendere to, or has been convicted in federal court of criminal conduct arising out of circumstances which would constitute a violation of this Part.

B.(1) If a health care provider is sanctioned by order pursuant to an administrative adjudication and if judicial review of the order is sought, a civil suit may be filed for imposition and recovery of the civil monetary penalty during the pendency of such judicial review. The reviewing court may consolidate both actions and hear them concurrently.

(2) If judicial review of an order is sought, the secretary or the attorney general shall file the action for recovery of the civil monetary penalty within one year of service on the secretary of the petition seeking judicial review of the order.

(3) If no judicial review of an order is sought, the secretary or the attorney general may file the action for recovery of the civil monetary penalty within one year of the date of the order.

(4) Any action brought under the provisions of this Subsection shall be filed in the Nineteenth Judicial District Court for the parish of East Baton Rouge.

C. In the instance of a state criminal action, the action for recovery of the civil monetary penalty may be brought as part of the criminal action or shall be brought within one year of the date of the criminal conviction or final plea.

D.(1) In the case of a civil judgment rendered in federal court, the action for recovery of the civil monetary penalty may be brought once the judgment becomes enforceable and no later than one year after written notification to the secretary of the enforceable judgment.

(2) In the case of a criminal conviction or plea in federal court, the action under this Section may be brought once the conviction or plea is final and no later than one year after written notification to the secretary of the rendering of the conviction or final plea.

(3) Any action brought under the provisions of this Subsection shall be filed in the Nineteenth Judicial District Court for the parish of East Baton Rouge.

E. If an action is brought pursuant to this Part, the request for the imposition of a civil monetary penalty shall only be considered if made part of the original or amended petition.

F. Nothing in this Section shall limit the rights of a qui tam plaintiff who brings a qui tam action in accordance with Subpart C of this Part.

Acts 1997, No. 1373, §1; Acts 2025, No. 206, §1.
La. Rev. Stat. § 46:978.3 — LA Code / Code revised-statutes / Title 46 / Section 978.3
Application for approval
Status: in_force

A. In accordance with the authority granted in R.S. 36:254(A)(6)(a), the department is hereby authorized to apply to the Centers for Medicare and Medicaid Services, Department of Health and Human Services, for any approval necessary to implement the provisions of this Chapter.

B. In the event approval from the Centers for Medicare and Medicaid Services is not attained to implement this Chapter, the department shall implement elements of this Chapter that are feasible and within the state's current authority.

C. Prior to submission of any waiver application or state plan amendment to the Centers for Medicare and Medicaid Services to effect the provisions of this Chapter, the department shall submit the waiver plan or the proposed state plan amendment to the Senate Committee on Health and Welfare and the House Committee on Health and Welfare, meeting jointly, for review and approval. If approved by the committees on health and welfare, the waiver plan or the proposed state plan amendment and cost estimates for a minimum of five years shall be submitted to the Joint Legislative Committee on the Budget for review and approval. If the waiver plan or the proposed state plan amendment is approved by the Joint Legislative Committee on the Budget, the department shall submit the waiver application or the state plan amendment to the Centers for Medicare and Medicaid Services for approval.

Acts 2007, No. 243, §1.
La. Rev. Stat. § 46:460.1 — LA Code / Code revised-statutes / Title 46 / Section 460.1
Submission of quarterly reports to the legislature
Status: in_force

The Department of Children and Family Services shall submit copies of the federal quarterly ACF-196 and ACF-696 reports to the House and Senate committees on health and welfare, the House Committee on Appropriations, and the Senate Committee on Finance at the time these reports are submitted to the federal government. Upon request, the department shall submit copies of any other report the legislature deems necessary.

NOTE: §460.1 as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.

§460.1. Submission of quarterly reports to the legislature

Louisiana Works shall submit copies of the federal quarterly ACF-196 and ACF-696 reports to the House and Senate committees on health and welfare, the House Committee on Appropriations, and the Senate Committee on Finance at the time these reports are submitted to the federal government. Upon request, the department shall submit copies of any other report the legislature deems necessary.

Acts 2001, No. 918, §1; Acts 2018, No. 206, §5; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
La. Rev. Stat. § 46:1952 — LA Code / Code revised-statutes / Title 46 / Section 1952
Definitions
Status: in_force

As used in this Chapter:

(1) "Housing accommodations" means any immovable property, or portion thereof, which is used or occupied or is intended, arranged, or designed to be used or occupied as the home, residence, or sleeping place of one or more human beings, but shall not include any single family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.

(2) "Person with a disability" means a person who has a physical or mental impairment that substantially limits one or more of such person's major life activities and who has a record of such impairment or who is regarded as having such an impairment, including military veterans with traumatic brain injury or post traumatic stress disorder.

(3) "Service dog" means a dog who has been trained or is being trained to do work or perform a task for a person with a disability. "Service dog" refers to a dog trained as any of the following:

(a) A hearing dog.

(b) A guide dog.

(c) A seizure alert dog.

(d) A mobility dog.

(e) An autism service dog.

(f) A dog providing assistance during a medical crisis.

(g) A service dog providing assistance to persons, including veterans with traumatic brain injury or post traumatic stress disorder.

Acts 1982, No. 518, §1; Acts 1993, No. 482, §1; Acts 1993, No. 763, §2; Acts 2014, No. 492, §1; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §7; Acts 2022, No. 271, §5.

NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
La. Rev. Stat. § 46:2553 — LA Code / Code revised-statutes / Title 46 / Section 2553
Report
Status: in_force

The state superintendent of education, the secretary of the Department of Children and Family Services, and the secretary of the Louisiana Department of Health, jointly, shall submit a written report of their findings and recommendations, including proposed legislation if necessary, for a comprehensive strategy to reduce the rate of teen pregnancy and prevent the spread of HIV and other sexually transmitted diseases among the youth of Louisiana on an annual basis to the legislature not later than sixty days prior to the commencement of the regular legislative session. Any recommendations made by the state superintendent of education, the secretary of the Department of Children and Family Services, and the secretary of the Louisiana Department of Health shall be in accordance with the provisions of R.S. 17:281.

Acts 2014, No. 534, §1.
La. Rev. Stat. § 46:233.3 — LA Code / Code revised-statutes / Title 46 / Section 233.3
Individuals convicted of certain felonies; eligibility for assistance
Status: in_force

As authorized by 21 U.S.C. 862a(d)(1), this state hereby exempts all individuals domiciled in the state from the application of the prohibition provided in 21 U.S.C. 862a(a) on eligibility for the following assistance programs and benefits:

(1) Cash benefits under any state program funded under Part A of Title IV of the Social Security Act.

(2) Benefits under the Supplemental Nutrition Assistance Program as defined in Section 3 of the Food and Nutrition Act of 2008 or any state program carried out under that Act.

Acts 2017, No. 265, §1, eff. Oct. 1, 2017.
La. Rev. Stat. § 46:236 — LA Code / Code revised-statutes / Title 46 / Section 236
Administration of emergency assistance to needy families with children
Status: in_force

In order to extend and improve services, aid, and care to needy children and needy families with children in this state, and in order to take full advantage of existing federally funded programs on a matched basis, the Department of Children and Family Services shall be the agency of the state of Louisiana to cooperate with the United States and to administer Title IV-A, Sections 403 and 406 of the Social Security Act (42 U.S.C. 603 and 606) or any amendments thereto, relating to emergency assistance to needy families with children, and to receive and expend federal moneys for these services.

NOTE: §236 as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.

§236. Administration of emergency assistance to needy families with children

In order to extend and improve services, aid, and care to needy children and needy families with children in this state, and in order to take full advantage of existing federally funded programs on a matched basis, Louisiana Works shall be the agency of the state of Louisiana to cooperate with the United States and to administer Title IV-A, Sections 403 and 406 of the Social Security Act, 42 U.S.C. 603 and 606, or any amendments thereto, relating to emergency assistance to needy families with children, and to receive and expend federal moneys for these services.

Added by Acts 1974, No. 655, §1. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2018, No. 206, §5; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
La. Rev. Stat. § 46:1953 — LA Code / Code revised-statutes / Title 46 / Section 1953
Use of public facilities; equal accommodations; service dogs
Status: in_force

A. Every person with a disability shall have the same right as a person who is able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places.

B. Every person with a disability shall be entitled to full and equal accommodations, advantages, facilities, and privileges in the following, subject only to the conditions and limitations established by law and applicable alike to all persons:

(1) Common carriers, including taxis, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation operated on land or water, in the air, or any stations and terminals thereof.

(2) Educational institutions, including but not limited to kindergartens, primary and secondary schools, trade or business schools, high schools, academies, colleges, and universities.

(3) Hotels, lodging places, restaurants, theaters, places of public accommodation, amusement, or resort.

(4) Other places to which the general public is invited.

C. Every person with a disability may be accompanied by a service dog, especially trained to aid such person, in any of the places provided in Subsection B of this Section without being required to pay an extra charge for such dog. However, he shall be liable for any damage done to the premises, facilities, operators, or occupants by such dog.

D.(1) A public entity may ask a person with a disability to remove his service dog from a premises if either of the following is present:

(a) The service dog is out of control, and the person with a disability accompanying the service dog does not take effective action to control it.

(b) The service dog is not housebroken.

(2) If the service dog is properly excluded, the public entity shall give the person with a disability the opportunity to enter without the service dog.

E.(1) A public entity shall not ask about the nature or extent of a person's disability, but may make the following two inquiries to determine whether such a dog qualifies as a service dog:

(a) A public entity may ask if the service dog is required because of a disability.

(b) A public entity may ask what work or task the service dog has been trained to perform.

(2) A public entity shall not require documentation for proof the service dog has been certified, trained, or licensed as a service dog.

F. Nothing in this Section shall require any person who owns, leases, or operates any public conveyance or modes of transportation, educational institutions, hotels, restaurants, theaters, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, to modify his property or facility in any way or provide a higher degree of care for a person with a disability than for a person who does not have a disability.

Acts 1982, No. 518, §1; Acts 1993, No. 482, §1; Acts 1993, No. 763, §2; Acts 2014, No. 492, §1; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §5.

NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
La. Rev. Stat. § 46:977.6 — LA Code / Code revised-statutes / Title 46 / Section 977.6
Promulgation of rules
Status: in_force

The department shall promulgate rules in accordance with the Administrative Procedure Act, which shall include but not be limited to:

(1) Hardship provisions.

(2) Annual renewals of eligibility for the program.

(3) Reenrollment, grace period, notice requirements, and hearing procedures.

(4) Determining the availability and affordability of private or employer-sponsored health insurance, with consideration of such factors as the percentage of income needed to purchase individual or family health insurance, the availability of employer subsidies, and other relevant factors.

Acts 2007, No. 407, §1, eff. July 10, 2007.
La. Rev. Stat. § 46:153.1 — LA Code / Code revised-statutes / Title 46 / Section 153.1
Appropriation to state agencies
Status: in_force

Any state agency may, with the approval of the division of administration, transfer to the Louisiana Department of Health any portion of its appropriation that may be available for federal matching funds in accordance with the medical assistance program established by the department.

Added by Acts 1970, No. 248, §1, emerg. eff. July 7, 1970, at 1:00 P.M. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
La. Rev. Stat. § 46:1903 — LA Code / Code revised-statutes / Title 46 / Section 1903
Purpose
Status: in_force

It is the purpose of this Chapter to improve, intensify, and coordinate efforts by state and local public agencies, in cooperation with voluntary agencies and organizations, citizens groups, and concerned individuals, to:

(1) Preserve the unity of the family to the fullest extent possible.

(2) Prevent children from becoming delinquent.

(3) Prevent children and the public from suffering the consequences of criminal behavior by substituting therefor programs for their supervision, care and rehabilitation, consistent with public interest and safety.

(4) Provide for coordination, planning, technical expertise, resources and adequate financial assistance for services and facilities for the rehabilitation of delinquent children to the end that they may become and remain law-abiding, productive citizens.

(5) Repealed by Acts 1984, No. 567, §9, eff. Jan. 1, 1985.

Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1976, No. 401, §1. Acts 1984, No. 567, §9, eff. Jan. 1, 1985.
La. Rev. Stat. § 46:2606 — LA Code / Code revised-statutes / Title 46 / Section 2606
Construction; local governing authorities
Status: in_force

Nothing in this Chapter shall be construed to limit the authority of a local governing authority to create a children's cabinet or an advisory board to coordinate programs and services for children and families within the authority's jurisdiction and to provide for the powers, duties, and functions of such cabinet or advisory board.

Acts 1997, No. 883, §1, eff. July 10, 1997; Acts 1998, 1st Ex. Sess., No. 5, §§2, 3, eff. April 24, 1998.
La. Rev. Stat. § 46:1131 — LA Code / Code revised-statutes / Title 46 / Section 1131
Parish hospitals and hospital service districts; nursing and allied health scholarship program; establishment; administration; funding
Status: in_force

A. The board of commissioners of each hospital or hospital service district, hereinafter referred to as the board or the board of commissioners, is authorized to establish and administer a scholarship program for the purpose of increasing the educational opportunities available to nursing and allied health students who will practice in an area of the hospital district approved by the board of commissioners. Each board which establishes a program may award scholarships to individuals who are admitted or engaged in the study of nursing or allied health at an accredited school of nursing or allied health and who contract to practice nursing or an allied health profession in the district or parish, as provided in this Chapter. Each scholarship shall be awarded for the purpose of defraying the costs of tuition, fees, and other related expenses and cost for attendance at nursing or allied health school. The board may, at any time and in its discretion, determine not to grant a scholarship under the program.

B. The provisions of this Chapter shall apply solely to monies generated by the respective boards through their facilities, and upon the initiation of such a program, the program shall become a part of the annual hospital budget.

C. For the purpose of this Chapter, the following definitions shall apply:

(1) "Allied health" means any generally recognized medical profession or vocation including but not limited to occupational, respiratory, vocational, physical, and other therapies; medical, radiologic, and other technologists; pharmacists, social workers, athletic trainers, and other similar professions and vocations.

(2) "Nursing" means nursing as practiced by an individual who has graduated from an accredited school of nursing, passed the licensing examination, and been issued a license to practice as a registered nurse in this state by the Louisiana State Board of Nursing or a license to practice as a practical nurse in this state by the Louisiana State Board of Practical Nurse Examiners.

Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
La. Rev. Stat. § 46:437.12 — LA Code / Code revised-statutes / Title 46 / Section 437.12
Provider agreement requirements
Status: in_force

A. In addition to the requirements specified in R.S. 46:437.11, the provider agreement developed by the department shall require the health care provider to comply with the following:

(1) At the time of signing the provider agreement, have in his possession a valid professional or facility license or certificate pertinent to the goods, services, or supplies being provided, as required by applicable federal and state laws and rules, and maintain such license or certificate in good standing with the department throughout the effective period of the provider agreement.

(2) Maintain medical assistance programs-related records in a systematic and orderly manner that the department requires and determines are relevant to the goods, services, or supplies being provided.

(3) Retain medical assistance programs-related records for a period of five years to satisfy all necessary inquiries by the department.

(4) Safeguard the use and disclosure of information pertaining to current or former recipients and comply with federal and state laws and rules pertaining to confidentiality of patient information.

(5) Permit the department, the attorney general, the federal government, and any authorized agent of each of these entities access to all medical assistance programs-related records pertaining to goods, services, or supplies billed to the medical assistance programs, including access to all patient records and other health care provider information if the health care provider cannot easily separate records for recipients from other records.

(6) Bill other insurers and third parties, including the Medicare program, before billing the medical assistance programs, if after reasonable inquiry it is known that the recipient is eligible for payment for health care or related services from another insurer or person, and comply with all applicable federal and state laws and rules in regard to this billing.

(7) Report and refund any monies received in error or in excess of the amount to which the health care provider is entitled from the medical assistance programs.

(8) Be liable for and indemnify, defend, and hold the department harmless from any cause of action or recovery arising out of the negligence or omission of the health care provider in the course of providing goods, services, or supplies to a recipient or a person believed to be a recipient.

(9) At the option of the department, provide proof of liability insurance and maintain such insurance in effect for any period of time during which goods, services, or supplies are furnished to recipients.

(10)(a) Accept payment from the medical assistance programs as payment in full, and prohibit the health care provider from billing or collecting any additional amount from the recipient or the recipient's responsible party except, and only to the extent the department permits or requires, a co-payment, coinsurance, or a deductible to be paid by the recipient for the goods, services, or supplies provided.

(b) The payment-in-full policy shall not apply to goods, services, or supplies provided to a recipient if the goods, services, or supplies are not covered by the medical assistance programs or the recipient is determined not to be covered by medical assistance programs.

(11) Agree to be subject to claims review.

B. A provider agreement shall provide that, if the health care provider sells or transfers a business interest or practice that substantially constitutes the entity named as the health care provider in the provider agreement, or sells or transfers a facility that is of substantial importance to the entity named as the health care provider in the provider agreement, the health care provider shall maintain and make available to the department medical assistance programs-related records that relate to the sale or transfer of the business interest, practice, or facility in the same manner as though the sale or transaction had not taken place, unless the health care provider enters into an agreement with the purchaser of the business interest, practice, or facility to fulfill this requirement and provides a copy of this agreement to the department.

C. A provider agreement shall provide that any sale, merger, consolidation, or other disposition of a health care provider shall be subject to any and all outstanding debts and liabilities owed or which may be owed to the medical assistance programs.

D. A provider agreement shall provide that, if the department withholds payment or is entitled to recovery, such withholding or assessment of recovery may be imposed on any and all provider numbers in which the health care provider has an interest or in which he may have an interest.

Acts 1997, No. 1142, §2.
La. Rev. Stat. § 46:2693 — LA Code / Code revised-statutes / Title 46 / Section 2693
Medicaid Trust Fund for Addiction Recovery
Status: in_force

A.(1) There is hereby established a permanent trust fund in the state treasury designated the "Medicaid Trust Fund for Addiction Recovery", hereinafter referred to in this Chapter as the "fund". After allocation of money to the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana, the treasurer shall deposit in and credit to the fund all money that is received from any source, including but not limited to intergovernmental transfers and all income on investment of monies in the fund.

(2) Monies in the fund shall be invested by the treasurer in the same manner as monies in the state general fund, and interest earned on the investment of these monies shall be credited to the fund. All unencumbered and unexpended monies in the fund at the end of the fiscal year shall remain in the fund.

(3) Monies in the fund may be used as the source of state matching funds for Medicaid funds to make enhanced payments to addiction providers.

(4) For the purposes of this Chapter, "addiction provider" means a Louisiana licensed healthcare provider that provides any of the following services:

(a) Inpatient and residential substance use treatment.

(b) Substance use intensive outpatient treatment.

(c) Withdraw management.

B.(1) After July 1, 2025, self- assessed fees, federal grant allocations, or any other source shall not be subject to appropriation unless authorized by a joint resolution approved by two-thirds of the elected members of each house of the legislature and except to provide for:

(a) The re-basing of reimbursement rates for addiction providers in accordance with the approved state Medicaid plan.

(b) The development and funding of a reimbursement system for the Medicaid addiction provider program.

(c) The reimbursement of any monies deposited into the fund as a result of over payments of federal funds.

(2) Upon completion of the initial intergovernmental transfer, addiction providers will be re-based in accordance with the approved state Medicaid plan. In ensuing years, re-basing in accordance with the approved state Medicaid plan may come from the principal in the trust, but shall be limited to earnings on investment from the fund.

(3) Only earnings on investment from the fund may be appropriated each fiscal year for services of the state Medicaid program in the following order of priority:

(a) For providing for a wage enhancement for direct care personnel working in Medicaid certified addiction provider settings in accordance with a plan established by the Louisiana Department of Health and representatives of the addiction provider industry. The plan shall provide for a direct pass-through of the costs of such wage enhancement in a manner to ensure that the addiction provider rate is adjusted to reflect the full costs of such wage enhancement.

(b) For appropriations solely and exclusively for services of the state Medicaid program that are subject to federal financial participation in matching funds.

(4) Monies in the fund shall not be used to displace, replace, or supplant appropriations from the state general fund for the Medicaid program below the amount of state general fund appropriations for the Medicaid program for the 2025-2026 Fiscal Year unless the official forecast of recurring monies available for appropriation which is utilized by the legislature in its adoption of the state budget for the ensuing fiscal year as provided in R.S. 39:26 indicates that revenues for such year will be insufficient to fund the state budget at the same level as the previous year.

C.(1) The Louisiana Department of Health is hereby authorized to adopt and impose fees for healthcare services provided by the Medicaid program on addiction providers if and when such fees are eligible to be utilized for federal funding matching requirements. The amount of any fee shall not exceed the total cost to the state of providing the healthcare service subject to such fee.

(2) Any fee authorized by and imposed pursuant to this Section shall be considered an allowable cost for purposes of insurance or other third party reimbursements and shall be included in the establishment of reimbursement rates.

(3) Subject to the exceptions contained in Article VII, Section 9(A) of the Constitution of Louisiana, all fees collected pursuant to the authority granted in this Section shall be paid into the state treasury and shall be credited to the Bond Security and Redemption Fund. Out of the funds remaining in the Bond Security and Redemption Fund after a sufficient amount is allocated from that fund to pay all obligations secured by the full faith and credit of the state which become due and payable within any fiscal year, the treasurer shall deposit the fees into the Medicaid Trust Fund for Addiction Recovery an amount equal to the total amount of such fees collected.

D. The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act necessary to administer the fees imposed herein, including but not limited to rules and regulations regarding the collection and payment of the fees and the records necessary to be maintained and made available by the providers on whom the fees are imposed.

E. The governor, by executive order, may designate any agency, department, or division of state government to collect the fees authorized herein.

Acts 2025, No. 392, §1, eff. June 20, 2025.
La. Rev. Stat. § 46:236.6 — LA Code / Code revised-statutes / Title 46 / Section 236.6
Failure to pay support; procedure, penalties and publication
Status: in_force

A.(1) If a defendant violates the terms of a court order, issued pursuant to the provisions of R.S. 46:236.1.1 et seq. and 236.2, Children's Code Article 1301.1 et seq., or R.S. 13:4241, requiring him to pay child support to the Department of Children and Family Services, a representative of the child support collection agency as set forth in R.S. 46:236.1.8 may issue and serve on the defendant a summons ordering him to appear and show cause before the proper court of competent jurisdiction, on a date which shall be specified by the court, why he should not be held in contempt of court. Prior to or at the hearing, the Department of Children and Family Services or the district attorney shall file with the court any summons served and a rule for contempt which shall be served in open court on the defendant, setting forth the terms of the original court order for child support and all modifications thereof, along with the allegations purporting to place the defendant in contempt. If the defendant denies the allegations or offers a defense to the rule, the court may, upon motion of either party or on its own motion, continue the hearing.

(2) In the alternative, a representative of the child support collection agency as set forth above may serve on the defendant a rule to show cause why he should not be held in contempt for failing to abide by the previous orders of the court, with the rule setting forth the same terms as in a rule for contempt, if the representative does not serve a summons on the offender. The rule shall contain a specific time, place, and date where the offender is to appear and show cause in answer to the rule. Hearings tried on rules for contempt or rules to show cause shall be tried in a summary manner.

(3) Any rule served on the defendant under Paragraph (1) or (2) of this Subsection shall inform the defendant that his ability to pay child support will be a critical issue in the contempt proceeding.

(4) The court may find a defendant in contempt if the court expressly finds that the defendant is in arrears, had knowledge of the child support order, and any of the following apply:

(a) The court is satisfied that the defendant had the capacity to pay out of currently available resources all or some portion of the amount due under the support order.

(b) The court is satisfied that by the exercise of diligence the defendant could have obtained the capacity to pay all or some portion of the amount due under the support order and that the defendant failed or refused to do so.

(c) The defendant has willfully failed to participate in an approved plan for parental participation of support under R.S. 46:236.12.

B. If at the hearing of such rule the court finds the accused guilty of contempt for failure to comply with the previous judgment, the contempt shall be deemed constructive contempt under Code of Civil Procedure Article 224(2) and the defendant may be punished as follows:

(1) For a finding of contempt of court, the court shall impose a sentence of imprisonment for not more than ninety days or a fine of not more than five hundred dollars, or both. At the discretion of the court, the sentence may be suspended upon payment of all of the following:

(a) The amount of the order for unpaid support.

(b) The total amount of unpaid support accruing since the date of the order.

(c) The amount of all attendant court costs.

(2) Upon recommendation of the state attorney or the representative of the child support collection agency, or both, all or part of the sentence at or after imposition may be suspended upon payment of a lesser amount plus attendant court costs. Such payment shall apply toward but not extinguish the total amount due. If, upon any finding of contempt, the court imposes a period of incarceration without suspension and renders a money judgment against the defendant, the incarceration will not relieve the defendant from his obligation to pay the amount of arrears after release from incarceration.

(3) In any instance where the court imposes a period of incarceration, the defendant may purge himself of contempt and be released from jail upon paying the full amount of arrearages owed. Upon receipt of payment, the child support collection agency shall immediately notify the appropriate court that the full amount of arrearages have been paid, and the court shall direct an order to the proper authorities requiring the defendant's release forthwith.

(4) It is a defense as provided by R.S. 9:311.1 to a charge of contempt of court for failure to comply with a court order of child support if an obligor can prove that he was incarcerated during the period of noncompliance. This defense applies only to the time period of actual incarceration.

(5) The court shall consider the defendant's present ability to comply before imposing any sentence under Paragraph (1) or (2) of this Subsection.

C. In addition to any other penalty provided for in this Section, the court shall render judgment in favor of the applicable payee for the amount of unpaid support plus attendant court costs. The judgment shall have the same force and effect as a final judgment for money damages against the defendant. This judgment shall become executory upon its rendition, subject to the delays for filing a motion for new trial or appeal, and may be registered with any Louisiana court of competent jurisdiction on petition of the Department of Children and Family Services, the district attorney's office, or the applicable payee.

D. The court may order the defendant to post a bond to ensure his subsequent appearance or payment of future child support. Should he not pay the support which the court has ordered, the court may order the forfeiture of the bond and enforcement thereof by execution. The sum recovered shall be paid in whole or in part to the applicable payee. However, should the court order both the forfeiture of the bond and at the same time order the defendant to pay all unpaid support under the sentence for contempt, the amount of unpaid support plus attendant court costs and fines shall be the maximum payable.

E. The termination of a court order issued pursuant to the provisions of R.S. 46:236.1.1 et seq. and 236.2, Children's Code Article 1301.1 et seq., or R.S. 13:4241, requiring a defendant to pay child support to the Department of Children and Family Services does not abate the power of any court or the department to collect any overdue and unpaid support or arrearage owed under the terminated support order or the power of the court to punish any person for a failure to comply with, or to pay any support as ordered in, the terminated court order.

F. The provisions and remedies provided by this Section shall be construed as an addition to, and not in substitution for, any other remedy otherwise available to obtain or enforce an order for support. Relief under this Section shall not be denied, delayed, or otherwise affected because of the availability of other remedies, nor shall relief under any other statute be delayed or denied because of the availability of the remedies provided by this Section.

G.(1) Upon request of any representative of a newspaper and to the extent permitted by federal law, the Department of Children and Family Services shall supply a list of names and addresses of all persons who have been found guilty of criminal neglect of family as provided in R.S. 14:74 et seq. or who have been found in contempt of court for failure to comply with a support order enforced by the Department of Children and Family Services. The newspaper may publish such a list or any part of this list it considers necessary.

(2) The Department of Children and Family Services may adopt rules governing the publication of the names of persons who are delinquent in the payment of child support obligations under orders which are enforced by the department and the publication of information which is related to those delinquent payments. The rules shall be adopted in accordance with the Administrative Procedure Act and shall establish the criteria for the selection of the individuals whose names may be published, the criteria for the determination of the types and amount of related information which may be published, and the criteria for the determination of the types of media and individual media outlets in which the names and related information may be published. The department may publish the names and related information at the expense of the department or may release the names and related information for publication on a public service basis.

Acts 1989, No. 741, §1; Acts 1999, No. 519, §1; Acts 2003, No. 1068, §9, eff. July 2, 2003; Acts 2010, No. 605, §1, eff. June 25, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2017, No. 264, §4, eff. Aug. 1, 2019; Acts 2018, No. 136, §1, eff. May 11, 2018; Acts 2018, No. 206, §5; Acts 2019, No. 277, §2; Acts 2020, No. 149, §1.
La. Rev. Stat. § 46:1064.1 — LA Code / Code revised-statutes / Title 46 / Section 1064.1
Hospital Service District No. 1 of Terrebonne Parish; sale or lease of hospital
Status: in_force

A.(1) Sale of hospital. Notwithstanding any provision of law to the contrary, the sale of Terrebonne General Medical Center, hereinafter the "hospital", by Hospital Service District No. 1 of Terrebonne Parish, hereinafter the "district", shall be in accordance with the provisions of this Subsection. The provisions of this Subsection shall apply to the sale of the hospital pursuant to authority granted by R.S. 33:4341 and R.S. 46:1053(M) and any other authority granted by law.

(2) In order to be eligible for consideration by the board of commissioners of the district, hereinafter the "district governing authority", an offer for the purchase of the hospital shall meet all of the following requirements:

(a) The offer shall be in writing and shall be signed by the person or entity making the offer.

(b) The offer shall contain a complete and detailed statement of all terms and provisions of the sale and shall identify the offeror by giving the full name, address, and type of business entity of the offeror.

(c) The offer shall be accompanied by a certified check for one hundred thousand dollars, as a guaranty of good faith, which check shall be forfeited to the district if the proposed sale is approved but the proponent does not consummate the sale.

(3) When an offer is submitted to the district governing authority in accordance with Paragraph (2) of this Subsection, the affirmative vote of not less than two-thirds of the full membership of the district governing authority shall be required for the district governing authority to accept the offer, which acceptance shall be conditioned upon the approval of the parish governing authority and the voters of the district as provided for in this Subsection. If the district governing authority so votes to accept the offer, it shall recommend the sale of the hospital to the governing authority of the parish for approval. The district governing authority may convene in executive session to consider an offer if the district governing authority determines that such consideration is part of its strategic marketing plan and therefore an executive session is authorized by R.S. 46:1073.

(4) When an offer is submitted to the parish governing authority in accordance with Paragraph (3) of this Subsection, the following shall apply:

(a) Notwithstanding the provisions of R.S. 42:11 et seq. or any other law to the contrary, the parish governing authority may convene in executive session for the sole purpose of considering the approval of the acceptance of the offer.

(b) The parish governing authority shall not vote to place a proposition on the ballot until the parish governing authority holds a public hearing on the question. If an executive session is held pursuant to Subparagraph (a) of this Paragraph, the public hearing shall be held no sooner than two weeks after the first such executive session on the question.

(c) The question of acceptance of the offer shall not be submitted to the district voters pursuant to Subparagraph (d) of this Paragraph unless submission is approved by vote of not less than two-thirds of the full membership of the parish governing authority.

(d) If the parish governing authority votes in the affirmative to approve the acceptance of the offer by not less than two-thirds of its full membership, the parish governing authority shall submit a proposition to approve the sale of the hospital to the voters of the district in an election held for that purpose.

(5) The district shall sell the hospital in accordance with the offer only if the proposed sale is approved by a majority of the qualified electors of the district voting on the proposition at an election held for that purpose and conducted in accordance with the Louisiana Election Code and at which election voter turnout in the district is not less than fifty percent of the registered voters.

B.(1) Lease of hospital. Notwithstanding any provision of law to the contrary, no lease of the controlling interest of the hospital by the district shall be authorized unless all of the provisions of this Subsection have been complied with.

(2) In order to be eligible for consideration by the district governing authority, an offer for the lease of the controlling interest of the hospital shall meet all of the following requirements:

(a) The offer shall be in writing and shall be signed by the person or entity making the offer.

(b) The offer shall contain a complete and detailed statement of all terms and provisions of the lease and shall identify the offeror by giving the full name, address, and type of business entity of the offeror.

(c) The offer shall be accompanied by a certified check for one hundred thousand dollars as a guaranty of good faith, which check shall be forfeited to the district if the proposed lease is approved but the proponent does not consummate the lease.

(3) When an offer is submitted to the district governing authority in accordance with Paragraph (2) of this Subsection, the affirmative vote of not less than two-thirds of the full membership of the district governing authority shall be required for the district governing authority to accept the offer, which acceptance shall be conditioned upon the approval of the governing authority of the parish as provided for in this Subsection. If the district governing authority so votes to recommend acceptance of the offer, it shall recommend the lease to the governing authority of the parish for approval. The district governing authority may convene in executive session to consider the offer if the district governing authority determines that such consideration is part of its strategic marketing plan and therefore an executive session is authorized by R.S. 46:1073.

(4) When an offer is submitted to the parish governing authority for approval in accordance with Paragraph (3) of this Subsection, the following procedures shall be followed:

(a) Notwithstanding the provisions of R.S. 42:11 et seq. or any other law to the contrary, the parish governing authority may convene in executive session for the sole purpose of considering the approval of the offer.

(b) The parish governing authority shall not vote to approve a proposition for the lease of the controlling interest of the hospital until it holds a public hearing on the question. If an executive session is held pursuant to Subparagraph (a) of this Paragraph, the public hearing shall be held no sooner than two weeks after the first such executive session on the matter.

(c) The acceptance by the district of the offer to lease the hospital shall not be approved by the parish governing authority unless the approval is concurred in by a majority of the full membership of the parish governing authority.

(5) The provisions of this Subsection shall not apply to the lease of property by the district which constitutes less than the controlling interest of the hospital, and shall not apply to the lease of incidental property for the provision of incidental, integral, or supplemental functions such as treatment modalities, food services, or concession areas, nor shall it preclude the lease of medical office buildings and facilities associated with such buildings pursuant to and in accordance with R.S. 46:1074.

C.(1) Proceeds. All proceeds from a sale or lease of Terrebonne General Medical Center shall be placed in a permanent endowment trust. The proceeds of the sale or lease shall constitute the principal of such trust and shall remain permanently endowed, in perpetuity, and shall not be removed from trust for any purpose except by a two-thirds vote of the district governing authority and a two-thirds vote of the parish governing authority to purchase Terrebonne General Medical Center or to build a hospital or medical center consistent with the objects and purposes of the hospital service district as set forth in R.S. 46:1051 et seq.

(2) The endowed sale or lease proceeds described in Paragraph (1) of this Subsection shall constitute the principal of the trust, and the sole principal beneficiary of such trust shall be Hospital Service District No. 1 of Terrebonne Parish. All income which accrues on such principal during the first four years following the sale or lease of Terrebonne General Medical Center shall be added to the principal, or corpus, of the trust and shall be endowed and disposed of only in accordance with the provisions of Paragraph (1) of this Subsection.

(3) Beginning with the fifth year of the existence of the trust and every year thereafter twenty-five percent of all income earned by the endowed principal shall be added to the endowed principal of the trust.

(4)(a) Beginning with the fifth year of the existence of the trust, and every year thereafter, the district governing authority acting as a board of trustees for the endowment trust may expend available funds for projects and undertakings within the hospital service district which are consistent with the objects and purposes of the district as set forth in R.S. 46:1051 et seq.

(b) The district governing authority, with a two-thirds vote, may expend up to five percent of available revenues for emergencies affecting the parish governing authority, the parish school board, the Terrebonne Parish Levee and Conservation District, or any levee district with jurisdiction completely within the parish if such expenditure is pursuant to a cooperative endeavor between the district governing authority and the appropriate political subdivision.

(c) Any available funds not used for stated purposes within three years shall be returned to the endowment fund and added to the principal of the trust.

Acts 1997, No. 1083, §2.
La. Rev. Stat. § 46:504 — LA Code / Code revised-statutes / Title 46 / Section 504
Investment of funds
Status: in_force

The governing authority of the parish or city councils of the cities may draw from its treasury the sum to invest it for the account of the "alms fund", in interest bearing bonds of the United States, of the State of Louisiana, and of the bonds paving certificates or approved obligations of the parish or cities having control of the funds.
La. Rev. Stat. § 46:2710 — LA Code / Code revised-statutes / Title 46 / Section 2710
Other remedies
Status: in_force

Remedies available under this Chapter are in addition to any other remedies or procedures under any other provision of law that may be available to an aggrieved party.

Acts 2001, No. 1164, §1.
La. Rev. Stat. § 46:1958 — LA Code / Code revised-statutes / Title 46 / Section 1958
Exemption from license fee; service dog
Status: in_force

Service dogs, as defined in R.S. 46:1952, shall be exempt from any state or local license fee.

Acts 1993, No. 482, §1; Acts 2014, No. 492, §1.

NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
La. Rev. Stat. § 46:446.4 — LA Code / Code revised-statutes / Title 46 / Section 446.4
Payment for dependent children; reimbursement
Status: in_force

In the case of any services covered by Medicaid which are provided to an individual on whose behalf child support enforcement is being carried out by the state, the department shall:

(1) Make payment for such service in accordance with the usual payment schedule under Medicaid for such services without regard to any third-party liability for payment for such services, if such third-party liability is derived through insurance or otherwise from the parent whose obligation to pay support is being enforced by such agency, if payment has not been made by such third party within thirty days after such services are furnished.

(2) Seek reimbursement from such third party in accordance with R.S. 46:446.2(C)(2).

Acts 1995, No. 616, §1.
La. Rev. Stat. § 46:977.22 — LA Code / Code revised-statutes / Title 46 / Section 977.22
Definitions
Status: in_force

For purposes of this Part, the following terms have the meaning ascribed in this Section:

(1) "Department" means the Louisiana Department of Health.

(2) "Medicaid" means the medical assistance program provided for in Title XIX of the Social Security Act.

(3) "Secretary" means the secretary of the Louisiana Department of Health.

(4) "TEFRA option" means the program authorized under Section 134 of the Tax Equity and Fiscal Responsibility Act of 1982 (P.L. 97-248), and provided for more specifically in this Part, which furnishes Medicaid benefits to children with disabilities who are otherwise ineligible for such benefits because the income of their household exceeds state-established limits for Medicaid eligibility.

Acts 2019, No. 421, §1.
La. Rev. Stat. § 46:56 — LA Code / Code revised-statutes / Title 46 / Section 56
Applications and client case records; definitions; confidentiality; waiver; penalty
Status: in_force

NOTE: Subsection A and Paragraph (B)(1) eff. until Oct. 1, 2027. See Acts 2025, No. 478.

A. Applications for assistance and information contained in case records of clients of the Louisiana Department of Health, the Department of Children and Family Services, or the office of elderly affairs, for the purpose of adult protective services, shall be confidential and, except as otherwise provided, it shall be unlawful for any person to solicit, disclose, receive, make use of, or to authorize, knowingly permit, participate in, or acquiesce in the use of applications or client case records or the information contained therein for any purpose not directly connected with the administration of the programs of the department.

B.(1) For the purposes of this Section, "department" means the Louisiana Department of Health, the Department of Children and Family Services, and the adult protection agency as provided in R.S. 15:1503. It is the express intent of this Section that the Louisiana Department of Health, the Department of Children and Family Services, and, for the purpose of adult protective services, the office of elderly affairs share access to each other's case records to the extent that such access is not prohibited by any contrary provision of federal law or regulation.

NOTE: Subsection A and Paragraph (B)(1) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.

A. Applications for assistance and information contained in case records of clients of the Louisiana Department of Health, the Department of Children and Family Services, Louisiana Works, or the office of elderly affairs, for the purpose of adult protective services, shall be confidential and, except as otherwise provided, it shall be unlawful for any person to solicit, disclose, receive, make use of, or to authorize, knowingly permit, participate in, or acquiesce in the use of applications or client case records or the information contained therein for any purpose not directly connected with the administration of the programs of the department.

B.(1) For the purposes of this Section, "department" means the Louisiana Department of Health, the Department of Children and Family Services, Louisiana Works, and the adult protection agency as provided in R.S. 15:1503. It is the express intent of this Section that the Louisiana Department of Health, the Department of Children and Family Services, Louisiana Works, and, for the purpose of adult protective services, the office of elderly affairs share access to each other's case records to the extent that such access is not prohibited by any contrary provision of federal law or regulation.

(2) For the purposes of this Section, "case records" are assistance records, social service records, records of the Supplemental Nutrition Assistance Program or any predecessor, medical services records, probation and parole records, records pertaining to the adoption of children, records of foster care services, records and investigative reports on abuse or neglect of children or adults, and records of other child welfare services administered by the department, including services for children with disabilities, nutrition, immunization, and other medical and public health services records pertaining to children or adults and where such records are in the custody of parish health units, and regional and central offices of the office of public health of the Louisiana Department of Health.

(3) Notwithstanding any provision of law to the contrary, including but not limited to the provisions of this Section, all offices, bureaus, and agencies within the Department of Children and Family Services are hereby expressly authorized to share access to each other's case records as necessary for the administration of their respective programs, except as prohibited by federal law or regulation.

C. Publication of lists or names of clients or applicants is prohibited, except as provided in this Section.

D. Subject to the exceptions enumerated in R.S. 44:17 and Subsections E, F, and M of this Section, confidential information may be released to an outside source not directly connected with the administration of the programs of the department only upon written request of the outside source and only after written waiver by the applicant, client, or his legal representative. Governmental authorities, the courts, and law enforcement agencies shall be considered the same as any other outside source, except as provided in R.S. 44:17 and Subsections E and F.

E.(1) Upon request of any authorized person, the most recent address and place of employment of any absent parent shall be provided if such information is available, notwithstanding any other provisions of this Section. For the purposes of this Subsection, the term "authorized person" shall mean:

(a) Any agent or attorney of any state agency which has the duty or authority to seek to recover any amounts owed as child support;

(b) Any court of competent jurisdiction which has authority to issue an order against an absent parent for the support and maintenance of a child, or any agency of such court; and

(c) Any resident parent, legal guardian, attorney, or agent of any child, except a child currently receiving aid to dependent children, without regard to the existence of any court order against an absent parent who has a duty to support and maintain any such child.

(2) Information of the department pertaining to financial assistance programs may be released in accordance with the federal laws and regulations governing the release of information of the financial assistance programs.

F. The following information shall not be subject to waiver and shall not be released to applicants, recipients, or outside sources, except those outside sources engaged in the administration of the programs of the department or when specifically authorized by law:

(1) Records pertaining to foster care of children, investigations of abuse and neglect of children, and other child welfare services. For the purposes of this Paragraph, case records of children in abuse and neglect and foster care cases may be reviewed by attorneys who are appointed by a court of juvenile jurisdiction to represent the sole interest of the children, and pursuant to court order, such case records may be reviewed by court-appointed special advocates appointed pursuant to Children's Code Article 424.1. Prior to a court hearing, the department may provide to such attorneys and court-appointed special advocates copies of the most recent case plan for the child and his family, the most recent court order and court report, and the child's most recent medical report. Additionally, pursuant to Children's Code Article 616, a judge of a court exercising juvenile jurisdiction may request, in writing to the department, central registry record checks. However, in no instance shall the name or identifying information regarding a complainant in neglect and abuse cases or the case records of the foster parents be subject to such review. The department may, however, provide foster parents all information from the department's records and from other records to which the department has access concerning a child in the foster home, and concerning the child's family, where such information is necessary for the foster parents to properly care for the child. The department may also provide surrogate parents representing the special education interests of children in the department's custody with all information from the department's records and from other records to which the department has access where such information is necessary for the surrogate parents to properly advocate for the children. In any child custody proceeding, after the issue has been raised of the potential existence of a relevant departmental record concerning the abuse or neglect of a child who is the subject of that proceeding, the judge may contact the local child protection unit to determine if such a record exists. If the department has a substantiated report pursuant to Children's Code Article 615(B)(1) through (3), the local child protection unit shall verbally advise the judge that such report is in the possession of the unit. If the court finds that information which may be contained in the report is necessary for an issue before the court, the court may order the release of such information. If the report was unsubstantiated, such records shall be sealed and accessible only pursuant to Children's Code Article 615.

(2) Information furnished to the department by persons, governmental agencies, or other legal entities when such furnisher of information is subject to a confidentiality statute or regulation which prohibits release of such information to an outside source, and

(3) Information contained in applications for assistance and case records that is furnished to law enforcement agencies or courts to aid in the prosecution of criminal offenses related to any program.

(4)(a) For the purpose of this Subsection, those outside sources engaged in the administration of the programs of the department pertaining to child welfare services shall be local child service agencies, including but not limited to hospitals, clinics, schools, and counterpart agencies in other states engaged in delivering family and children's services; local, state, and federal law enforcement agencies, including but not limited to military authorities, probation officers, district attorneys, and coroners; the Louisiana State Board of Dentistry; and the Louisiana State Board of Medical Examiners. The department may release information to a child abuse citizens' review panel or a state child fatality review panel only to the extent that the requested information is consistent with the purpose of the requesting panel as provided by state law or regulation. Information may be released by the department only to an agency engaged in rendering services or treatment to a recipient or former recipient of the department's services and only for the purpose of furthering the services or treatment; or to an agency engaged in enforcing or prosecuting violators of the child abuse and neglect law or perpetrators of acts against children in violation of the criminal statutes of this state or of another state or of federal criminal statutes. The requesting agency shall request the information in writing and state the purpose for which the information is being requested.

(b) In addition, the department may release information to other agencies of state government that are engaged in rendering services or treatment to a department recipient or former recipient. The agency receiving the information from the department under this Paragraph shall be bound by the same confidentiality standard as prescribed in this Section with regard to release of this information to the recipient, the client's legal representative, or an outside source. The Louisiana Department of Health, the Department of Children and Family Services, and, for the purpose of adult protective services, the office of elderly affairs may release information to each other for the purpose of furthering services or treatment to clients or recipients of services of either department. Information subject to release under this Section that is covered by federal statutes or regulations restricting release of the information shall be released only in accordance with the federal statutes or regulations.

(c) Following any investigation by the department of a public or private day care center, registered family child day care home, or residential provider, the department may inform the parent or guardian of any child being cared for at the center, home, or residence or the parent or guardian of any child who has applied for placement in the center, home, or residence of a substantiated finding of child abuse, neglect, or exploitation occurring at the center, home, or residence upon the request of the parent or legal guardian. The department may also advise such parent or legal guardian of a substantiated finding when it becomes necessary for the department to take adverse action against a center, home, or facility in the interest of the safety and welfare of the children. The department may release to the Department of Education limited information concerning a substantiated finding of child abuse, neglect, or exploitation occurring at a family child day care home that is registered by that department. These circumstances shall constitute authorized disclosures under the provisions of R.S. 14:403(A)(2).

(5)(a) The department may release the information described in Paragraph (1) of this Subsection, except names and any other identifying information, to a professional person or professor or graduate student of a college or university who is engaged in bona fide professional, academic, or scholarly research in the field of child welfare services or to a duly authorized person conducting an audit of the department.

(b) Upon written approval of the department and of the child through his representative, when required by federal law, the information described in Paragraph (1) of this Subsection may be released, including names and other identifying information, except identifying information regarding complainants in neglect and abuse cases, to researchers whose proposed research in the field of child welfare services has been reviewed and approved by an institutional review board confected in accordance with and operating under the standards provided for in the United States Department of Health and Human Services' Policy for the Protection of Human Subjects, provided that access to that information is essential to the research. The researcher shall furnish to the department a written certification from the institutional review board confirming the board's compliance with the applicable standards and its review and approval of the research consistent with those standards. The certification shall also describe the board's future oversight responsibilities and specific procedures for assuring that the confidentiality of identifying information is strictly preserved. The department is authorized to develop a standardized certification form and other procedures as needed to facilitate its review and authorization of research requests consistent with its child welfare administrative responsibilities under state and federal law.

(c) The person receiving the information from the department under this Paragraph shall be bound by the same confidentiality standard and subject to the same penalties for improper disclosure as prescribed in this Section with regard to release of this information to the recipient, the client's legal representative, or an outside source. Any paper, report, thesis, dissertation, or other document resulting in whole or in part from the research or audit shall not contain the name or any identifying information regarding an applicant, recipient, or client, or other person to whom the records pertain.

(6) Research proposals which request access to clients or former clients of the department may be approved, but only after a determination that the following criteria are met:

(a) Contact with the client and the nature of the research will not have a detrimental effect on the client;

(b) The client or his legal guardian has consented in writing to such research; and

(c) The research will be of value to the department.

(7)(a) The department may release, upon written request or consent of a former foster child or his legal tutor, the information described in Paragraph (1) of this Subsection to the former foster child, his legal tutor, or to a designee who is engaged in rendering services, treatment, or an assessment of services previously provided to the child, if in its discretion it believes the release of such information to be in the best interest of the former foster child. Such information shall not include any information regarding the identity of the birth parents or birth siblings of a former foster child who was subsequently adopted or any information regarding the identity of the reporter in a case of abuse or neglect.

(b) The department, upon written request, shall release to a former foster child or his legal tutor, non-identifying medical or genetic information that may be contained in any record maintained by the department without the necessity of filing a petition for disclosure from the department as required by the provisions of Chapter 5 of Title XII of the Children's Code.

(c) The department or a department contractor, with the written consent of the former foster child, may release information described in Paragraph (1) of this Subsection for the purpose of the education and training of foster children and former foster children or to assist the former foster child in providing his perspective or foster care experience, to the extent the department in its discretion believes that the release of such information is in the best interest of the former foster child and is allowed by federal law. The information shall not include the identity of the birth parents or birth siblings of a former foster child or any information regarding the identity of the reporter in the case of abuse or neglect.

(8)(a) Case records involving investigation of reports of child abuse and neglect shall be confidential in order to protect the rights of the child and his parents or guardians. Information contained in such records shall only be made available as provided in this Section or applicable state or federal laws or regulations.

(b) The department shall not disclose identifying information concerning an individual who initiated a report or complaint of alleged child abuse or neglect, except that the department shall disclose such information pursuant to a court order after such court has reviewed, in camera, the department's case record and finds reason to believe that the reporter knowingly made a false report.

(9) Notwithstanding any other provision of this Section, limited public disclosure of summary information contained in the child abuse or neglect records of the Department of Children and Family Services may be made as follows:

(a) When there has been a child fatality or near fatality in which abuse or neglect was medically determined by an examining physician to be a contributing factor in the cause of death or near fatality. For purposes of this Paragraph, "near fatality" means an act as certified by the physician who examined the child which placed the child in serious or critical condition.

(b) To confirm, clarify, or correct information concerning a case of child abuse or neglect not involving a child fatality, or near fatality that has been made public by sources outside the department. Any release of information shall be made in a manner respectful of the parties' right to privacy and be specifically limited to the information already made public.

(c) To the individual who initiated the report if that individual is a mandatory reporter as defined by Children's Code Article 603. The person receiving the information under this Subparagraph shall be bound by the confidentiality standard and subject to the penalties for improper disclosure, as prescribed in this Section.

(d) This Paragraph shall not apply when the local district attorney requests that certain information not be released due to its potential to compromise a pending criminal investigation or prosecution or when, in the judgment of the department, disclosure may compromise the integrity of a child protection investigation. However, all information, including but not limited to the departmental case records, shall be available to the local district attorney for inspection.

(e) The department shall not publicly disclose any information concerning the individual initiating a report or complaint.

(f) Notwithstanding any other provision of this Paragraph, the confidentiality of the department's records shall be maintained by the department as required by federal law as a condition of the allocation of federal monies to the state.

(g) Nothing in this Paragraph shall limit the authority of the department to disclose requested information to the parent or guardian of an abused or neglected child as otherwise provided by law.

(h) Notwithstanding the provisions of Subsection B of this Section, references in this Paragraph to the term "department" shall only mean the Department of Children and Family Services.

(10)(a) Upon written request, the department shall disclose limited information contained in child abuse or neglect records or reports to the following:

(i) An examining physician of a child whom he reasonably believes has been abused or neglected.

(ii) A committee or subcommittee of the legislature which has subject matter jurisdiction over child protection legislation according to the rules of the respective house, provided that such information is reviewed in closed session and kept confidential.

(iii) The executive director of a day care center or residential provider, provided that the use of such information is limited to a confidential employee disciplinary investigation of alleged abuse or neglect of a child within that facility and the employee who is the subject of the disciplinary investigation is the subject of the requested information. However, the department shall have the authority to fine, revoke, or suspend the license of any day care center or residential provider, after due notice and a hearing, if the executive director releases the confidential information to an unauthorized person or persons. The proceedings shall be conducted in accordance with rules and regulations to be promulgated by the department.

(iv) The attorney who represents the child, the day care center, or an employee of the day care center.

(b) The information disclosed pursuant to this Paragraph shall be limited to the following:

(i) Whether or not the department has a substantiated report, pursuant to Children's Code Article 615, in its possession concerning the child or person who is the subject of the information request.

(ii) The status of the investigation, the determination made by the department, and any action taken by the department.

(c) Nothing in this Paragraph shall authorize release of any information concerning an individual initiating a report or complaint of abuse or neglect or authorize access to any information which is prohibited by federal law.

(11) Upon written request of a caregiver, the department shall disclose limited information contained in child abuse or neglect records or reports to an employer or prospective employer of a person who will be exercising supervisory authority over that employer's minor children or other dependent person as part of that person's employment as a caregiver. The information disclosed pursuant to this Paragraph shall be limited to cases in which the department has determined that the allegations from which such information has been developed are substantiated pursuant to Children's Code Article 615. The provisions of this Paragraph shall not be interpreted to authorize the release of or access to any information protected under federal law.

(12)(a) Notwithstanding any other provision of this Section, including without limitation Subsection K or of any other law to the contrary, the department shall disclose case records involving an investigation of a report of child abuse or neglect to an immediate family member who initiated the report or complaint of alleged child abuse or neglect when the child who was the subject of the report or complaint died and abuse or neglect was medically determined by an examining physician or a coroner to be a contributing factor in the cause of death. For the purposes of this Paragraph, "immediate family member" means the child's parent or grandparent; however, if any such person is the accused abuser of the child, such person shall not be considered to be an immediate family member for the purposes of this Paragraph.

(b) Any immediate family member who requests and receives the case record involving an investigation of a report of child abuse or neglect shall agree in writing to hold the department harmless for any damages, special or general, which may result from the information contained in the case record of the investigation.

G. Notwithstanding any other provision of this Section, information pertaining to adoption of children shall be strictly confidential and shall only be released to courts of competent jurisdiction in accordance with existing laws.

H.(1) Information pertaining to foster care of children, reports and investigations on abuse or neglect of children, and records of other child welfare services administered by the department, including but not limited to children's special health services, nutrition, immunization, and other medical and public health services records pertaining to children and where such records are in the custody of parish health units or regional and central offices of the office of public health of the Louisiana Department of Health, shall not be subject to discovery or subpoena in any civil suit in which the department is not a party.

(2) In the event of the issuance of a subpoena or subpoena duces tecum served upon the custodian of case records or other qualified witness or employee of the department in a civil action in which the department is not a party, or in any criminal proceeding, and such subpoena requires production for trial or discovery of any or all of the department's records, it shall be sufficient compliance if the custodian or other qualified employee delivers by registered mail or by hand a true and correct copy of all records described in such subpoena to the clerk of court or other tribunal, together with an affidavit of their authenticity, to be sealed by the court and made available only to the litigants, after an in camera inspection by the court for a determination of relevance and/or discoverability, who shall be bound by the limits of confidentiality. Under no circumstances shall said production include the name of any confidential informant, in accordance with R.S. 14:403(B). Production of said records as described in this Section shall be deemed timely if made any time prior to the requested date or date of trial, provided that the subpoena duces tecum is served at least five days prior to the requested date or date of trial.

(3) No subpoena for testimony shall issue to any employee or representative of the department in such a civil suit if the department's records are available for production pursuant to R.S. 46:56(H)(2). If the court, after the in camera inspection of the department's records as described in R.S. 46:56(H)(2), determines that good cause exists for testimony by a department employee or representative, said employee or representative may be permitted to testify in chambers.

I. Any person who violates any of the provisions of this Section shall be fined not more than two thousand five hundred dollars or imprisoned for not more than two years in the parish jail, or both, nor less than five hundred dollars or ninety days on each count.

J. Notwithstanding the foregoing provisions of this Section, the department shall maintain in each parish or district office a current monthly roster or listing by category of recipients of public assistance showing the names and amounts received by each. Such roster shall not contain information pertaining to nutrition assistance benefits or the Medicaid Program (Title XIX of the Social Security Act). The roster shall be kept available in the reception room or some conspicuous place during regular office hours of each parish office, to any person wishing to view the contents. The department shall supply the parish or district offices with forms, one of which shall be filled out, dated, and signed by each person wishing to avail himself of the provisions of this Subsection. However, it shall be unlawful to use its contents for political or commercial purposes.

K. Notwithstanding the foregoing provisions of this Section, this Section shall not be construed in any manner inconsistent with the provisions enumerated in Children's Code Article 616.

L. Notwithstanding the foregoing provisions of this Section, in any hearing before the State Civil Service Commission, Equal Employment Opportunity Commission, and any office in Louisiana Works in its capacity of administering Louisiana Employment Security Law, or in any civil or criminal judicial proceeding, wherein the work performance or conduct of an employee of the department is at issue, client case records relevant to said work performance or conduct shall be admissible. However, prior to admission into evidence, the client case records shall have client names and identifying data obliterated. The department shall provide to the employee the relevant case records with names and other identifying data obliterated, except that where an employee is disciplined as a result of allegations made by the guardian, parents, family members, or tutor of the client, the names of the accuser shall not be withheld so as to deny the employee the right of confrontation granted to him by the constitution and laws of the United States of America and the state of Louisiana.

M.(1) Notwithstanding the foregoing provisions of this Section, payment histories on child or spousal support obligations maintained by the department in conformity with the provisions of Title IV-D of the Social Security Act or by the department's child support enforcement section may be released to a consumer reporting agency upon its application in writing and payment of a fee covering the department's actual costs for duplicating, copying, or transmitting the information. Payment histories shall not be released without the removal or obliteration of any confidential information contained therein, including but not restricted to the payee's address or receipt of Aid to Families with Dependent Children, or any successor to that program, or other state assistance.

(2) For purposes of this Subsection, "consumer reporting agency" means any person who, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers to furnish consumer reports to third parties and who uses any means or facility of interstate commerce to prepare or furnish consumer reports.

N. Notwithstanding any provisions of this Section or any other law to the contrary and to the extent allowed by federal law, the department shall, upon request, provide copies of applications and case files to the state child ombudsman for the purposes of carrying out the ombudsman's statutory duties. Any such documents provided to the state child ombudsman shall remain confidential and otherwise subject to the provisions of this Section concerning any subsequent disclosures.

Acts 1992, No. 447, §4, eff. June 20, 1992; Acts 1993, No. 625, §1, eff. June 15, 1993; Acts 1993, No. 892, §1, eff. June 23, 1993; Acts 1995, No. 521, §3, eff. Jan. 1, 1996; Acts 1997, No. 79, §1; Acts 1997, No. 903, §1, eff. July 10, 1997; Acts 1997, No. 1129, §1, eff. July 14, 1997; Acts 1997, No. 1172, §7, eff. June 30, 1997; Acts 1997, No. 1463, §1; Acts 1999, No. 750, §1, eff. July 2, 1999; Acts 1999, No. 1217, §1, eff. July 9, 1999; Acts 1999, No. 1326, §1, eff. July 12, 1999; Acts 2001, No. 732, §1, eff. June 25, 2001; Acts 2003, No. 483, §1; Acts 2004, No. 260, §1, eff. June 15, 2004; Acts 2005, No. 333, §1, eff. June 30, 2005; Acts 2007, No. 119, §1, eff. June 25, 2007; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2010, No. 861, §20; Acts 2012, No. 255, §7; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 160, §1, eff. May 15, 2018; Acts 2018, No. 206, §5; Acts 2019, No. 400, §2, eff. June 19, 2019; Acts 2024, No. 507, §4; Acts 2025, No. 409, §6; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
La. Rev. Stat. § 46:324 — LA Code / Code revised-statutes / Title 46 / Section 324
Workforce training and education program; creation; functions
Status: in_force

A. A workforce training and education program is hereby created within SNAP for the purpose of improving employment opportunities for nonworking SNAP customers and enhancing workforce readiness. The department shall administer the program in accordance with the provisions of this Subpart.

B. The department shall establish the program in a parish with a population of more than one hundred thousand and less than one hundred fifty thousand according to the latest federal decennial census and in which is located the main campus of a public four-year college or university.

C. Customers to be served by the program shall include, exclusively, all ABAWDs residing in the parish who are not exempted by any federal or state policy, other than through a waiver of such a policy, from the limitation on SNAP benefits established pursuant to 7 CFR 273.24.

D.(1) As a necessary precondition for implementing the program, the department shall ensure that the limitation on duration of the receipt of SNAP benefits by nonexempt ABAWDs provided in 7 CFR 273.24 is effective in the parish in which the program is established.

(2) If nonexempt ABAWDs in the parish in which the program is established are not subject to any limitation on duration of eligibility for receipt of SNAP benefits as a result of a waiver granted to the state by FNS, then the department shall cause the waiver to be rescinded, cancelled, or otherwise rendered null and without effect for that parish.

(3) Nothing in this Subsection shall be construed to require or prohibit the continuation or cancellation of any waiver granted to the state by FNS in any parish other than the parish in which the program is established.

E. As its essential function, the program shall provide to each customer, at the time of benefits eligibility redetermination, a six-month extension of SNAP benefits conditioned upon submission of sufficient documentation, as determined by the department, of any of the following:

(1) The customer meets any of the following criteria relative to educational advancement:

(a) In the previous six months, the customer satisfied requirements established by the department in rule relative to enrollment in an accredited postsecondary education institution that grants associate or baccalaureate degrees.

(b) In the previous six months, the customer satisfied requirements established by the department in rule relative to enrollment in an educational program designed to lead to a high school diploma.

(c) In the previous six months, the customer satisfied requirements established by the department in rules relative to enrollment in a general education development test preparation course.

(d) The customer earned a high school diploma or a general education development certificate.

(2) The customer meets criteria relative to workforce readiness as required by the department in rule. Such criteria may include but shall not be limited to the following:

(a) Participating for a specified minimum number of hours in an approved job-training program.

(b) Applying for a specified minimum number of jobs.

Acts 2014, No. 622, §1; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.
La. Rev. Stat. § 46:2603 — LA Code / Code revised-statutes / Title 46 / Section 2603
Children's Cabinet; powers and duties
Status: in_force

A. In order to carry out the purposes of this Chapter and the purposes for which it is created, the Children's Cabinet shall:

(1) Develop and implement a framework for decision making to assure that all services for children meet the goals and objectives of the cabinet.

(2) Monitor indicators of child well-being, as determined by the cabinet, and utilize these data for evaluation and planning.

(3) Adopt and implement provisions for a children's budget, as more specifically provided in R.S. 46:2604.

(4) Submit an annual report to the governor, the Senate Committee on Health and Welfare, the House Committee on Health and Welfare, and any other legislative committee that requests a copy of the annual report, by January thirty-first summarizing the accomplishments of the past year, providing an evaluation of individual programs and the delivery of services, and indicating specific goals and budget priorities for the next fiscal year.

(5) Adopt and promulgate rules and regulations and formulate all necessary policies, procedures, and rules of administration and operation necessary to carry out the purposes of this Chapter, all subject to the Administrative Procedure Act. Legislative oversight of the cabinet, pursuant to the Administrative Procedure Act, shall be the responsibility of the Senate Committee on Health and Welfare and the House Committee on Health and Welfare.

(6) Do all the things reasonably necessary to accomplish the purposes for which the cabinet is created.

(7) Administer the Children's Trust Dedicated Fund Account provided for in R.S. 46:2401 et seq.

B. In addition to the duties and responsibilities provided in Subsection A of this Section, in order to carry out its purposes and functions, the cabinet may:

(1) Request data and assistance from state departments or agencies of the state. When the cabinet requests a state department or agency to provide needed data or assistance, the department or agency shall give priority to such request and shall provide such data or assistance as requested. The cabinet shall maintain the confidentiality of any information or records provided to it, as required by laws relative to such records and information.

(2) Create and appoint such advisory committees or task forces to act in an advisory capacity to the cabinet to assist in its studies, composed of such representatives of the public and private sectors, as it shall deem appropriate.

(3) Enter into such contracts in accordance with applicable law that may be necessary and proper to carry out the provisions of this Chapter relating to the coordination of the delivery of services to children and families.

Acts 1992, No. 971, §2; Acts 1993, No. 424, §1, eff. June 9, 1993; Acts 1995, No. 945, §1; Acts 1998, 1st Ex. Sess., No. 5, §§2, 3, eff. April 24, 1998; Acts 2003, No. 245, §1, eff. June 5, 2003; Acts 2003, No. 1225, §6; Acts 2008, No. 780, §§1, 2; Acts 2017, No. 237, §2; Acts 2018, No. 206, §5; Acts 2021, No. 114, §18, eff. July 1, 2022.
La. Rev. Stat. § 46:1806 — LA Code / Code revised-statutes / Title 46 / Section 1806
Application; requirements; confidentiality
Status: in_force

A.(1)(a) An application for reparations shall be filed in writing with the board within one year after the date of the personal injury, death, or catastrophic property loss or within such longer period as the board determines is justified by the circumstances. The application shall be valid only if reasonable documentation of the crime resulting in the personal injury, death, or catastrophic property loss is submitted with the application.

(b) For the purposes of this Subsection, "reasonable documentation" means any of the following:

(i) A police report documenting the commission of the crime.

(ii) Court records evidencing the criminal prosecution of a crime relevant to the application.

(iii) A certification of the crime signed under oath by any licensed clinical social worker, professional counselor, or healthcare provider that conducted an examination of the injuries resulting from the commission of the crime.

(iv) A certification of the crime signed under oath by a prosecuting attorney or investigating law enforcement officer who has personal involvement in the prosecution or investigation of any criminal case relative to the application.

(v) Any other documentation the board deems sufficient to show the commission of a crime relevant to the application.

(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection and except as provided in Subparagraph (b) of this Paragraph, an application filed by a dependent or legal representative of a deceased victim of a homicide offense, or filed by a claimant as defined in R.S. 46:1802(4), shall be filed within five years after the date on which the judgment of conviction becomes final or within five years after the date on which the supreme court denies the defendant's first application for appeal.

(b) Notwithstanding the provisions of Paragraph (1) of this Subsection, when the death of the offender occurs prior to a conviction for a homicide offense, an application filed by a dependent or legal representative of a deceased victim of a homicide offense, or filed by a claimant as defined in R.S. 46:1802(4), shall be filed within five years after the date of the death of the offender.

B.(1) An application for reparations related to a sexually oriented criminal offense shall be filed in writing with the board within one year after the date on which the personal injury, death, or catastrophic property loss occurred or within such longer period as the board determines is justified by the circumstances.

(2) A victim of a sexually oriented criminal offense shall not be required to report a sexually oriented criminal offense to any law enforcement officer for purposes of a claimant filing a valid application for reparations pursuant to this Subsection.

(3) A claimant that files an application for reparations for personal injury or death resulting from a sexually oriented criminal offense shall submit certification from a healthcare provider or coroner that a forensic medical examination of the victim was conducted and an itemized billing statement for all related services provided by the healthcare provider or coroner.

(4) The coroner shall provide certification to the healthcare provider that a forensic medical examination was conducted.

(5) The healthcare provider shall submit certification to the board that a forensic medical examination was conducted when requested by a claimant.

C. Application shall be made on a form prescribed and provided by the board, which shall contain at least the following:

(1) A description of the date, nature, and circumstances of the act or acts resulting in the physical injury, death, or catastrophic property loss, and of the crime, if known.

(2) A complete financial statement, including the cost of medical care or funeral, burial, or cremation expenses, the loss of wages or support, and the extent of the property loss, if any, which the claimant has incurred or will incur and the extent to which the claimant has been indemnified for these expenses from any collateral source.

(3) Where appropriate, a statement indicating the extent of any disability resulting from the injury incurred.

(4) An authorization permitting the board or its representatives to verify the contents of the application.

(5) Such other information as the board may require.

D. The following information, when submitted to the board as part of an application, shall be confidential:

(1) Documents submitted by a claimant which relate to medical treatment including any itemized billing statements.

(2) Law enforcement investigative reports.

(3) Forensic medical examination.

E. Records, documents, and information in the possession of the board received pursuant to a law enforcement investigation or a verification of application by a law enforcement agency shall be considered investigative records of a law enforcement agency as described in R.S. 44:3 and shall not be disseminated under any condition without the permission of the agency providing the record or information to the board.

F. A victim who was owed restitution as a condition of an offender's parole pursuant to R.S. 15:574.4.2(C)(1)(a) but whose restitution payments were directed to the Crime Victims Reparations Fund pursuant to R.S. 15:574.4.2(C)(1)(b) may file an application for recovery of the restitution in a written format developed by the board.

Added by Acts 1982, No. 250, §1, eff. July 17, 1982. Acts 1986, No. 121, §1; Acts 1995, No. 421, §1; Acts 2010, No. 772, §1; Acts 2012, No. 396, §1; Acts 2015, No. 229, §4, eff. June 23, 2015; Acts 2017, No. 53, §2; Acts 2022, No. 487, §2.
La. Rev. Stat. § 46:282 — LA Code / Code revised-statutes / Title 46 / Section 282
Investigation of foster and adoptive parent applicants
Status: in_force

A. The Department of Children and Family Services, office of children and family services, shall investigate the background of each person who applies to be a foster or adoptive parent of a child in foster care. The investigation required by this Section shall include but shall not be limited to a determination of whether the applicant or any adult member of the applicant's household has been charged with a crime and, if so, the disposition of those charges. The office shall require each applicant and adult family member to provide fingerprints and such authorization as is necessary to conduct state and national criminal history record checks and to obtain any other information required to complete the investigation. The department is authorized to promulgate regulations as may be necessary to conduct the criminal history record checks authorized in this Section.

B. The office of children and family services shall request such information and assistance from federal, state, or local governmental agencies as is necessary to complete the investigation required by this Section. Only information which bears a reasonable relation to the performance of the duties of a foster parent shall be requested.

C. The office of children and family services shall not require an applicant to provide any physical identity materials other than photographs or fingerprints. Such materials shall be returned to the applicant upon completion of the investigation, and no copy of such materials may be retained by the office or by any agency to which such identity materials were transmitted.

D. All inquiries from persons wishing to contract to care for foster children shall be responded to within three working days of the inquiry. The response shall either be the mailing of application forms or the scheduling and notification of a foster parent orientation meeting to be held within twenty-one days of the inquiry. Upon receipt of a completed application form, the background and fitness investigation concerning the prospective foster parents shall be completed and a determination regarding fitness made within ninety days of the receipt of a properly completed application, provided that the department may extend the investigatory period for the purpose of allowing potential foster parents to come into compliance with program standards. The applicants shall be notified of the determination within ten days of its completion.

Added by Acts 1978, No. 741, §1. Acts 1983, No. 710, §1; Acts 1997, No. 1349, §2; H.C.R. 115, 2001 R.S.
La. Rev. Stat. § 46:102.1 — LA Code / Code revised-statutes / Title 46 / Section 102.1
Maximum assistance grants; legislature to approve increases or decreases
Status: in_force

The department shall not increase the regular maximum grant for any category of public assistance over and above that which was authorized by law or by rules and regulations of the former State Department of Public Welfare in effect on July 1, 1961, if any portion of the increase is payable out of state funds, without legislative approval therefor. Such legislative approval shall be obtained only in one of the following ways:

(1) By a vote of a majority of the elected members of each house obtained while the legislature is in session, or

(2) If the legislature is not in session, by a vote of a majority of the elected members of each house obtained by mail ballot duly certified and promulgated by the commissioner of administration. In such case the proposal to be submitted to the members of the legislature shall be prepared by the commissioner of administration from information furnished by the department and he shall immediately thereafter distribute the ballots to the members, together with instructions that all ballots must be returned to him within thirty days after the date on which mailed in order to be counted. The commissioner of administration shall tabulate all ballots received within said thirty day period and promulgate the results thereof, and he shall, immediately upon completion of his tabulation, notify the secretary of the results.

Added by Acts 1961, No. 10, §1. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
La. Rev. Stat. § 46:1608 — LA Code / Code revised-statutes / Title 46 / Section 1608
Senior centers; appropriation; allocation of funds; parish-specific provisions
Status: in_force

A. The legislature shall appropriate annually to the office of elderly affairs, hereinafter referred to as the "office", for distribution by the executive director of the office to the various voluntary parish councils on aging, except in Rapides Parish to a corporation or organization which has provided senior center services for a minimum of two years and which is hereinafter referred to as the "Rapides Parish area agency", for the operation of senior centers throughout the state, funds sufficient to allocate to each parish council on aging, except in Rapides Parish to the Rapides Parish area agency, a sum equal to fifty thousand dollars, plus five dollars and eighteen cents per person above a base population of three thousand persons age sixty years or older who are residents of the parish, as shown by the latest official census estimate, but in no case less than fifty thousand dollars. The office shall include funds in their annual budget request for increases in funding based on the number of elderly as estimated in the census estimate.

B. Funds appropriated by the legislature pursuant to Subsection A of this Section shall be distributed by the executive director of the office and shall be allocated to each parish council on aging, except in Rapides Parish to the Rapides Parish area agency, in the amount of a sum equal to fifty thousand dollars, plus five dollars and eighteen cents per person above a base population of three thousand persons age sixty years or older who are residents of the parish as shown by the latest official census estimate, but in no case less than fifty thousand dollars. The sums so allocated shall be distributed quarterly during the first thirty days of each quarter of the fiscal year. In appropriating funds pursuant to this Section, the legislature shall specifically provide for the allocation of funds to the respective parish councils, except in Rapides Parish to the Rapides Parish area agency, in accordance with the provisions of this Section.

C. The executive director of the office shall distribute the funds appropriated pursuant to this Section and allocated to particular parish councils, except in Rapides Parish to the Rapides Parish area agency, to each parish council, except in Rapides Parish to the Rapides Parish area agency, which has filed its charter and its articles of incorporation with the office and with the secretary of state, provided such council, except in Rapides Parish the Rapides Parish area agency, is in compliance with all budgetary and fiscal requirements of law. Such funds shall be distributed in the amounts as provided by the legislature in accordance with this Section.

D. Funds appropriated pursuant to this Section shall not be in lieu of and shall not in any way replace any other funds appropriated, or to be appropriated, to or for the voluntary parish councils on aging, except in Rapides Parish to the Rapides Parish area agency, including those appropriated pursuant to Title III of the Older Americans Act (42 U.S.C. 3021 et seq.) or other funds allocated pursuant to the Older Americans Act, and any other funds presently appropriated, allocated, or otherwise made available or any funds hereafter appropriated, allocated, or otherwise made available for use by the voluntary parish councils on aging, except in Rapides Parish to the Rapides Parish area agency. The balance of any funds appropriated pursuant to this Section which are not allocated to a particular parish council, except in Rapides Parish to the Rapides Parish area agency, pursuant to the formula provided in this Section shall be allocated to the parish councils of the parishes of Beauregard, Bienville, Cameron, Iberville, Natchitoches, Plaquemines, Pointe Coupee, St. John, Vernon, and Winn in an amount equal to the amount necessary to maintain program operations at the 1982-1983 funding level. The remaining portion thereof shall be divided in equal amounts between the parish councils of the parishes of Orleans and Ouachita.

E. The provisions of this Section shall be administered in accordance with policies and procedures established by the office of elderly affairs in accordance with the Administrative Procedure Act.

F. The executive director may reallocate funds between parish councils on aging, or in Rapides Parish, to or from the Rapides Parish Area Agency, to provide for an increase or decrease in Louisiana residents age sixty or over in such parish due to a disaster. Such allocation shall be subject to review and approval of the Joint Legislative Committee on the Budget. For the purposes of this Subsection "disaster" means a disaster declared by the governor by executive order or proclamation pursuant to the Louisiana Homeland Security and Emergency Assistance and Disaster Act (R.S. 29:721 et seq.).

G. The Jefferson Council on Aging shall allocate services in accordance with the provisions of R.S. 46:1608.1 among centers in the parish of Jefferson at which activities and services for residents age sixty or over are provided.

Added by Acts 1983, No. 690, §1. Acts 1988, No. 1007, §1, eff. July 1, 1988; Acts 1992, No. 574, §1; Acts 1997, No. 1182, §1; Acts 2006, No. 693, §1, eff. June 29, 2006; Acts 2017, No. 215, §1; Acts 2023, No. 100, §1, eff. June 6, 2023.
La. Rev. Stat. § 46:2169.1 — LA Code / Code revised-statutes / Title 46 / Section 2169.1
Powers and duties
Status: in_force

The office shall have the following powers and duties:

(1) To collect all relevant information including facts and statistics related to human trafficking.

(2) To conduct studies of human trafficking activity in Louisiana.

(3) To identify and make available to state agencies and other stakeholders the information on the best practices related to human trafficking activities and the prevention thereof in Louisiana and throughout the nation.

(4) To develop and implement a comprehensive strategic plan to prevent human trafficking and address the needs of human trafficking victims, which shall be provided to the legislature, the Department of Children and Family Services, and any entity required to submit a report under the provisions of R.S. 46:2161(C) and Children's Code Article 725.2(B) by February 1, 2022.

(5) To assist state agencies in reducing duplication of effort in the prevention of human trafficking and the provision of services to human trafficking victims.

(6) To monitor availability of funds from federal and other sources for financing the provision of services to and programs for human trafficking victims and seek funding where appropriate.

(7) To assist state departments and agencies and other stakeholders in drafting plans to maximize the impact of the use of funds identified in Paragraph (6) of this Section.

(8) To maintain a current list of public and private stakeholders providing services to and programs for human trafficking victims.

(9) To monitor and evaluate the effectiveness and efficiency of programs that provide services to and programs for human trafficking victims, and annually report its findings and recommendations to the legislature, the Department of Children and Family Services, and any entity required to submit a report under the provisions of R.S. 46:2161(C) and Children's Code Article 725.2(B).

(10) To provide the leadership and clerical, administrative, and technical assistance and support necessary for the Louisiana Human Trafficking Prevention Commission and the Human Trafficking Prevention Commission Advisory Board to fulfill their duties.

(11) To create and submit reports as required by law.

(12) To compile and submit data to the legislature as provided by law.

(13) To perform all functions reasonably necessary to accomplish the purposes for which the office is created.

Acts 2021, No. 352, §2, eff. June 17, 2021; Acts 2022, No. 271, §5.
La. Rev. Stat. § 46:460.90 — LA Code / Code revised-statutes / Title 46 / Section 460.90
Procedure for independent review of dental claims
Status: in_force

The following procedure shall govern the process for independent review of an adverse determination taken against a dentist by a dental coordinated care network:

(1) Prior to submitting a request for independent review, a dentist shall submit a written request for appeal or reconsideration to the dental coordinated care network, as provided for by the dental coordinated care network and in accordance with applicable rules of the department, any claim that meets either of the following criteria:

(a) The claim has been denied either partially or totally.

(b) More than sixty days have elapsed since the claim was submitted and the dentist has received no remittance advice or other written or electronic notice from the dental coordinated care network either partially or totally denying the claim.

(2) The dental coordinated care network shall acknowledge in writing its receipt of an appeal or reconsideration request within five calendar days after receipt of the request. The dental coordinated care network shall render a final decision and provide a response to the dentist within forty-five calendar days from the date of receipt of the request for appeal or reconsideration, unless a longer time to completely respond is agreed upon in writing by the dentist and the dental coordinated care network.

(3)(a) Pursuant to the appeal or reconsideration request, if the dental coordinated care network upholds the adverse determination or does not respond to the request within the time frames allowed in this Section, then the dentist may file a written notice with the department requesting the adverse action be submitted to an independent reviewer as provided for in this Subpart. The notice requesting an independent review shall be received by the department within sixty days from either the date the dentist receives notice of the decision of the appeal or reconsideration request or, if the dental coordinated care network does not respond to the appeal or reconsideration request within the time frames allowed in this Section, within ten days of the last date of the time period allowed for the dental coordinated care network to respond.

(b) The department shall provide by rule for the appropriate address to be used by the dentist for submission of the notice required by this Section. The dentist shall include a copy of the written request for appeal or reconsideration with the request for an independent review.

(c) If the dental coordinated care network reverses the adverse determination pursuant to an appeal or request for reconsideration, payment of the claim or claims in dispute shall be paid no later than twenty days from the date of the decision.

(4)(a) Upon receipt of a notice of request for independent review and all required supporting information and documentation for a claim denied by a dental coordinated care network, the department shall refer the adverse determination to the dental claims review panel. The panel shall use best efforts to refer an equal proportion of the total number of disputed claims to each eligible independent reviewer.

(b) Subject to approval by the independent reviewer, a dentist may aggregate multiple adverse determinations involving the same dental coordinated care network when the specific reason for nonpayment of the claims aggregated involve a dispute regarding a common substantive question of fact or law. The sole fact that a claim is not paid does not create a common substantive question of fact or law unless the dentist has received no remittance advice or other written or electronic notice from a dental coordinated care network either partially or totally denying the claims from the dental coordinated care network as of the time the dentist submits the request for independent review and the claims involve a common substantive question of fact or law.

(5)(a) Within fourteen calendar days of receipt of the request for independent review, the independent reviewer shall request in writing that both the dentist and the dental coordinated care network provide the reviewer all information and documentation regarding the disputed claim or claims. The independent reviewer shall request the dentist and dental coordinated care network to identify all information and documentation that have been submitted by the dentist to the dental coordinated care network regarding the disputed claim or claims. Further, the independent reviewer shall advise the dental coordinated care network and the dentist that he will not consider any information or documentation not received within thirty calendar days of receipt of his request or any information submitted by the dentist that was not submitted to the dental coordinated care network as part of the appeal or request for reconsideration.

(b) If a dentist elected to aggregate his claims, the independent reviewer may, upon request, allow for up to an additional thirty days for both the dentist and dental coordinated care network to provide relevant information related to the independent review requests.

(6)(a) If the independent reviewer determines that guidance on an administrative issue from the department is required to make a decision, then the reviewer shall refer the specific issue to the department for review and response unless the department designates a different contact for this function by rule. Administrative issues requiring referral may include the matter of whether a dental benefit is a covered service under the Medicaid program.

(b) The department shall provide a concise response to the request within thirty calendar days after receipt.

(7)(a) Upon receipt of the information requested from the dentist and dental coordinated care network or the lapse of the time period for the dental coordinated care network and dentist to submit information along with receipt of any applicable responses from the department for guidance on an administrative issue, the independent reviewer shall examine all materials submitted and render a decision on the dispute within sixty calendar days. However, the independent reviewer may request in writing an extension of time from the Dental Claims Review Panel to resolve the dispute. If an extension of time is granted by the panel, then the independent reviewer shall provide notice of the extension of time to both the dentist and the dental coordinated care network involved in the dispute.

(b) In reaching a decision, the independent reviewer shall not consider any information or documentation from the dentist that the dentist did not submit to the dental coordinated care network during the dental coordinated care network's review of the dentist's appeal or request for reconsideration of the adverse determination.

(8) Upon rendering a decision, the independent reviewer shall send to the dental coordinated care network, the dentist, and the department a copy of the decision. Once the independent reviewer renders a decision requiring a dental coordinated care network to pay any claim or portion of a claim, then the dental coordinated care network shall send the payment in full along with interest back to the date the claim was originally denied or recouped to the dentist within twenty calendar days of the date of the reviewer's decision.

Acts 2018, No. 284, §1.
La. Rev. Stat. § 46:2121.1 — LA Code / Code revised-statutes / Title 46 / Section 2121.1
Definitions
Status: in_force

As used in this Part:

(1) "Family or household members" means spouses, former spouses, parents, children, stepparents, stepchildren, foster parents, and foster children. "Family or household members" also means grandparents or their grandchildren.

(2) "Family violence" means any assault, battery, or other physical abuse which occurs between family or household members, who reside together or who formerly resided together.

(3) "Victim of family violence" means the family or household member abused and his or her children who might be in danger if left in the domicile.

Added by Acts 1983, 1st Ex. Sess., No. 60, §1, eff. March 1, 1983; Acts 1985, No. 772, §2, eff. July 19, 1985; Acts 1986, No. 1056, §1, eff. Sept. 1, 1986; Acts 1995, No. 765, §1; Acts 1997, No. 1156, §7.
La. Rev. Stat. § 46:444 — LA Code / Code revised-statutes / Title 46 / Section 444
Cooperation with administrative agencies relative to interchange of information
Status: in_force

The Department of Children and Family Services is hereby authorized to provide for interchange of such information necessary in providing for work training experiences as required by Public Law 90-248, as the secretary of the United States Department of Health, Education and Welfare, or its successor department, may require for federal matching purposes.

NOTE: §444 as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.

§444. Cooperation with administrative agencies relative to interchange of information

Louisiana Works is hereby authorized to provide for interchange of such information necessary in providing for work training experiences as required by P.L. 90-248, as the secretary of the United States Department of Health, Education and Welfare, or its successor department, may require for federal matching purposes.

Added by Acts 1968, No. 167, §1. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2018, No. 206, §5; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.
La. Rev. Stat. § 46:1255 — LA Code / Code revised-statutes / Title 46 / Section 1255
Funds
Status: in_force

The Department of Public Safety and Corrections is hereby authorized to expend whatever funds that may be necessary to carry out the provisions of this Chapter.

Added by Acts 1952, No. 118, §5. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1984, No. 567, §2, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1988, No. 607, §2, eff. July 14, 1988.
La. Rev. Stat. § 46:1404 — LA Code / Code revised-statutes / Title 46 / Section 1404
Requirement of licensure
Status: in_force

A. All specialized providers, including facilities owned or operated by any governmental, profit, nonprofit, private, or church agency, shall be licensed. Specialized provider licenses shall be of two types: Type I and Type IV.

B. Child-placing agencies within the Department of Children and Family Services shall be exempt from the provisions of this Chapter. The department is authorized and mandated to perform its child-placing functions in accordance with the standards promulgated by the department for licensed child-placing agencies.

Acts 1985, No. 286, §1; Acts 2004, No. 915, §1; Acts 2009, No. 400, §2, eff. July 7, 2009; Acts 2010, No. 64, §1, eff. Oct. 1, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
La. Rev. Stat. § 46:233 — LA Code / Code revised-statutes / Title 46 / Section 233
Eligibility for assistance; amount and conditions of aid
Status: in_force

Assistance shall be granted to or on behalf of any child found to be in necessitous circumstances as defined by regulations for eligibility of the state agency responsible for administering the assistance program.

Amended by Acts 1950, No. 165, §1; Acts 1952, No. 67, §1; Acts 1954, No. 474, 1; Acts 1959, No. 42, §1; Acts 1960, No. 251, §1; Acts 1960, No. 306, §1; Acts 1960, No. 487, §1; Acts 1962, No. 28, §1; Acts 1964, No. 367; Acts 1966, No. 531, §1; Acts 1967, No. 121, §2; Acts 1974, No. 583, §§1, 2.
La. Rev. Stat. § 46:1442.1 — LA Code / Code revised-statutes / Title 46 / Section 1442.1
Definitions
Status: in_force

As used in this Chapter, the following definitions shall apply unless the context clearly states otherwise:

(1) "Child care facilities" means those facilities regulated pursuant to the Child Care Facility and Child-Placing Agency Licensing Act (R.S. 46:1401-1424).

(2) "Department" means the Department of Children and Family Services.

(3) "Office" means the office of children and family services, Department of Children and Family Services.

(4) "Public assistance" means subsidized child care assistance.

(5) "Senior worker" means any person fifty-five years of age or older.

Acts 1990, No. 1087, §1.
La. Rev. Stat. § 46:1822 — LA Code / Code revised-statutes / Title 46 / Section 1822
Forensic medical exams; reimbursement
Status: in_force

A. The board shall reimburse a healthcare provider who performs a forensic medical exam in the amount of six hundred dollars. The board shall reimburse the healthcare facility at which a forensic medical exam was conducted for the cost of performing the exam in the amount of one thousand dollars.

B. In order to be reimbursed for the costs of performing a forensic medical exam, the healthcare provider or the healthcare facility seeking reimbursement shall submit to the board an attestation that a forensic medical exam was conducted. The attestation shall contain only sufficient information to identify the victim, the date that the exam was performed, and the address to which payment can be made for the healthcare provider or healthcare facility. The board shall not require any billing documentation or medical records from the healthcare provider or the healthcare facility as a condition of payment under the provisions of this Section.

C. A request for reimbursement by a healthcare provider or healthcare facility for the performance of a forensic medical exam shall not constitute reparations and therefore shall be immediately payable and not require approval from the board as a condition of payment. The board shall direct payment to be made to a healthcare provider or healthcare facility no later than thirty calendar days from the date that the attestation is submitted to the board by the healthcare provider or healthcare facility.

Acts 2022, No. 487, §2; Acts 2023, No. 193, §3.
La. Rev. Stat. § 46:438.4 — LA Code / Code revised-statutes / Title 46 / Section 438.4
Illegal acts regarding eligibility and recipient lists
Status: in_force

A. No person shall knowingly make, use, or cause to be made or used a false, fictitious, or misleading statement on any form used for the purpose of certifying or qualifying any person for eligibility for the medical assistance programs or to receive any good, service, or supply under the medical assistance programs which that person is not eligible to receive.

B. No unauthorized person, or no authorized person for an unauthorized purpose, shall obtain a recipient list, number, name, or any other identifying information, nor shall that person use, possess, or distribute such information.

C. An action brought pursuant to the provisions of this Section shall be instituted within one year of when the department knew that the prohibited conduct occurred.

Acts 1997, No. 1373, §1.
La. Rev. Stat. § 46:1831.16 — LA Code / Code revised-statutes / Title 46 / Section 1831.16
Termination of fund
Status: in_force

Unless otherwise extended, the provisions of this Chapter shall be null, void, and without effect and shall cease to exist on August 1, 2027.

Acts 2023, No. 451, §2.

NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
La. Rev. Stat. § 46:116 — LA Code / Code revised-statutes / Title 46 / Section 116
Prima facie proof of pleadings
Status: in_force

Pleadings filed on behalf of the Department of Children and Family Services or the Louisiana Department of Health in actions to recover the value of ineligible public financial assistance payments or benefits shall be accompanied by an itemized statement of the amount of overissuance or overpayment together with the amount to which the recipient was entitled, if any. When accompanied by an affidavit of the assistant secretary of the office administering such payments or benefits to the correctness thereof as to the truth of the facts alleged to the best of the affiant's knowledge and belief, such itemized statement shall be accepted as prima facie proof of the disbursement and receipt of said payments and the amount thereof.

NOTE: §116 as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.

§116. Prima facie proof of pleadings

Pleadings filed on behalf of Louisiana Works or the Louisiana Department of Health in actions to recover the value of ineligible public financial assistance payments or benefits shall be accompanied by an itemized statement of the amount of overissuance or overpayment together with the amount to which the recipient was entitled, if any. When accompanied by an affidavit of the assistant secretary of the office administering such payments or benefits to the correctness thereof as to the truth of the facts alleged to the best of the affiant's knowledge and belief, such itemized statement shall be accepted as prima facie proof of the disbursement and receipt of said payments and the amount thereof.

Added by Acts 1981, No. 811, §1; Acts 2025, No. 478, §12, eff. Oct. 1, 2025, §13, eff. Oct. 1, 2027.
La. Rev. Stat. § 46:1807 — LA Code / Code revised-statutes / Title 46 / Section 1807
Powers and duties of board; staff
Status: in_force

A. The board shall administer the provisions of this Chapter and Chapter 21-A of this Title and shall be responsible, in accordance with this Chapter and Chapter 21-A of this Title, for determining all matters pertaining to applications for reparations, investigations, and determinations based upon its findings, the granting or rejecting of claims, and fixing the amounts of the grants or payments and the methods of their payment.

B. In the performance of its powers and duties, the board shall:

(1) Prescribe, distribute, and otherwise make available forms for use in making application for reparations and, where appropriate, recovery of restitution funds directed to the Crime Victims Reparations Fund pursuant to R.S. 15:574.4.2(C)(1)(b).

(2) Prepare and distribute pamphlets, informational materials, and application forms, and otherwise assist in making the residents of the state aware of the provisions of this Chapter.

(3) Receive, verify, and process applications for reparations and, where appropriate, recovery of restitution funds directed to the Crime Victims Reparations Fund pursuant to R.S. 15:574.4.2(C)(1)(b).

(4) Hold such hearings, take such testimony, and make such investigations as are necessary with respect to any application received by it.

(5) Make a written decision with respect to each application received by it and order payment of reparations or, where appropriate, recovery of restitution funds to victims in accordance with this Chapter.

(6) Take such other actions and perform such other functions as are required by this Chapter or necessary to accomplish its purposes.

(7) Develop, adopt, and promulgate rules in the manner provided in the Administrative Procedure Act and in accordance with the provisions of R.S. 46:1806(B). The rules shall contain specific guidelines which shall establish the reasonable costs to be reimbursed for all healthcare services or expenses ancillary to a forensic medical examination.

(8) Take actions and perform other functions as are required by Chapter 21-A of this Title or necessary to perform its purposes.

C. The board also may:

(1) Promulgate rules and regulations necessary to carry out its business or the provisions of this Chapter.

(2) Through its chairman or acting chairman administer oaths or affirmations to persons appearing before it, send for papers, documents, and records, and subpoena witnesses.

(3) Appoint committees, including advisory committees.

(4) Use the services, personnel, facilities, and information, including recommendations, estimates, and statistics, of federal agencies and those of state and local public agencies and private institutions, with or without reimbursement therefor.

(5) Request such information, data, and reports from any federal agency as the board may require and as may be produced consistent with law.

D.(1) The Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall provide the office space and personnel necessary to carry out the functions of the board and effectuate the purposes of this Chapter. In addition, to the extent that funds are appropriated or otherwise available therefor, the board may employ personnel including experts required in connection with particular applications before it.

(2) The sheriff of each parish and the criminal sheriff of the parish of Orleans shall carry out the policies, decisions, and orders of the board and shall provide the office space and personnel in their respective parishes necessary to effectuate the purposes of this Chapter.

E. Upon request of the board, each state agency or institution shall make available, to the greatest practical extent, its services, equipment, personnel, facilities, and information, including recommendations, estimates, and statistics.

F. The board shall maintain a current record of the laws relating to crime victims reparations in other states and territories of the United States. The board need not keep a current record of laws in other countries. Upon request, the board shall assist Louisiana residents to determine if they meet the criteria specified in R.S. 46:1802(10)(b).

Added by Acts 1982, No. 250, §1, eff. July 17, 1982. Acts 1984, No. 844, §2, eff. July 13, 1984; Acts 1989, No. 258, §1; Acts 2015, No. 229, §4, eff. June 23, 2015; Acts 2017, No. 53, §2; Acts 2023, No. 193, §3; Acts 2023, No. 451, §2.
La. Rev. Stat. § 46:51.1 — LA Code / Code revised-statutes / Title 46 / Section 51.1
Contribution to cost of foster care by parent
Status: in_force

A. When making a recommendation for parental contribution to the costs of care and treatment in accordance with Children's Code Article 685, the department shall calculate an amount in accordance with the provisions of the Louisiana Administrative Code, Title 67, Part V, Subpart 5, Chapter 35, §3501.

B. Assistance from the natural or adoptive parent or tutor will only be made to aid in defraying the cost of such contracts, plus amounts and benefits available to the foster child or through his natural or adoptive parent or tutor from other sources, including such sources as social security, veterans administration, private insurance, Louisiana Department of Health, Department of Education, including special education and vocational rehabilitation.

Added by Acts 1978, No. 508, §1; Acts 2008, No. 392, §2.
La. Rev. Stat. § 46:2371 — LA Code / Code revised-statutes / Title 46 / Section 2371
Privileged communications
Status: in_force

No interpreter/transliterator for the deaf is permitted, without consent of the person making the communication, to disclose any communication made in confidence by one seeking situation specific service, or any information that may have been obtained by reason of being such interpreter/transliterator.

Added by Acts 1982, No. 135, §1. Acts 1988, No. 922, §1.
La. Rev. Stat. § 46:460.85 — LA Code / Code revised-statutes / Title 46 / Section 460.85
Independent reviewer selection panel; procedure
Status: in_force

A. The Independent Reviewer Selection Panel is hereby created within the department. The duties of the panel shall pertain to the independent review of claims except those reviewed in accordance with R.S. 46:460.90. The panel shall consist of the secretary or his duly designated representative and the following members appointed by the secretary:

(1) Two provider representatives.

(2) Two managed care organization representatives.

B. All decisions of the panel shall be made by a majority vote. The panel shall meet at least twice per year. Panel members shall serve without compensation.

C. The panel shall:

(1) Select a chairperson.

(2) Select and identify an appropriate number of independent reviewers and determine a uniform rate of compensation per review to be paid to each reviewer.

(3) Continually review the number and outcome of requests for reconsideration and independent reviews on an aggregated basis. The panel shall not be provided any patient-identifying information for any reason.

D. The secretary shall report to the panel the name of any provider who submits ten or more requests for independent review along with the percentage of adverse determinations that are overturned.

Acts 2017, No. 349, §2; Acts 2018, No. 284, §1.
La. Rev. Stat. § 46:288.6 — LA Code / Code revised-statutes / Title 46 / Section 288.6
Jurisdiction; findings; closure of court case
Status: in_force

A. The court has jurisdiction to review the written report and make a determination whether it is in the youth's best interest to continue in extended foster care in a voluntary placement.

B. Upon filing of the written report set forth in R.S. 46:288.5, the court shall open an extended foster care case for the purpose of determining whether continuing in extended foster care in a voluntary placement is in the youth's best interest. The court shall make a determination no later than twenty-one days after the date the report was filed.

C. Following the court's determination of whether continuing in extended foster care in a voluntary placement is in the youth's best interest, the court shall close the extended foster care case and the department shall provide extended foster care services to the youth in accordance with this Subpart.

Acts 2019, No. 400, §2, eff. June 19, 2019.
La. Rev. Stat. § 46:2722 — LA Code / Code revised-statutes / Title 46 / Section 2722
Intergovernmental transfer program
Status: in_force

A. The Louisiana Department of Health shall, as soon as practicable, have prepared for submission an application to the United States Department of Health and Human Services for the implementation of an intergovernmental transfer program. The application shall be submitted to the Centers for Medicare and Medicaid Services, United States Department of Health and Human Services by the department on a date to be determined by the Joint Legislative Committee on the Budget based on the recommendations of the Intergovernmental Transfer Subcommittee established pursuant to R.S. 46:2692(A)(2). The application shall facilitate a single provider organization as may be requested by the local school boards only if such facilitation is allowed by the Centers for Medicare and Medicaid Services. The Centers for Medicare and Medicaid Services must approve the cost allocation plan and methodology, time study frequency, and state match certification concepts prior to the drawing of any federal funds.

B. Subject to such recommendations and approval, the department shall make application to the United States Department of Health and Human Services for the implementation of an intergovernmental transfer program. The application shall include a detailed explanation of the department's plan to utilize the plan funds for the reimbursement of Medicaid school-based services and administrative claiming as allowed by law.

C. The Louisiana Department of Health is hereby authorized to adopt such rules as are necessary to conduct the intergovernmental transfer program in accordance with the provisions of this Chapter.

Acts 2001, No. 776, §1, eff. June 26, 2001; Acts 2018, No. 206, §5.
La. Rev. Stat. § 46:2262 — LA Code / Code revised-statutes / Title 46 / Section 2262
Purpose
Status: in_force

A. The purpose of the program for early identification of hearing loss is to identify deaf or hard of hearing infants at the earliest possible time so that medical treatment, early audiological evaluation, selection of amplification, and early educational intervention can be provided.

B. Early educational intervention and early audiological services are required under the Education of the Handicapped Act, Amendments of 1986, Public Law 99-457.

C. Early identification and management of the deaf or hard of hearing infant are essential if that infant is to acquire the vital language and speech skills needed to achieve maximum potential educationally, emotionally, and socially.

D. Appropriate screening and identification of newborns and infants with hearing loss will therefore serve the public purpose of promoting the healthy development of children and reducing public expenditures for health care, special education, and related services.

Acts 1992, No. 417, §1; Acts 1999, No. 653, §1; Acts 2017, No. 146, §11.
La. Rev. Stat. § 46:2622 — LA Code / Code revised-statutes / Title 46 / Section 2622
Definitions
Status: in_force

As used in this Chapter, the following terms shall have the following meanings:

(1) "Bona fide medication sample" means a drug, chemical, or medication packaged by the original manufacturer thereof in such quantity as does not exceed a reasonable therapeutic dosage for a period in excess of one week and provided at no cost to a physician for administration or dispensation to a patient at no cost to the patient.

(2) Repealed by Acts 2009, No. 438, §9(B).

(3) "Department" means the Louisiana Department of Health.

(4) "Dispensing physician" means any physician in the state of Louisiana who has registered as a dispensing physician with the Louisiana State Board of Medical Examiners and who dispenses to his patients any drug, chemical, or medication, except a bona fide medication sample.

(5) "Fund" means the Louisiana Medical Assistance Trust Fund.

(6) "Intermediate care facility for people with developmental disabilities" means a facility which is licensed as an intermediate care facility for people with developmental disabilities in accordance with R.S. 28:421 et seq. by the Louisiana Department of Health.

(7) "Medicaid program" means the medical assistance program as established in Title XIX of the Social Security Act and as administered in the state of Louisiana by the Louisiana Department of Health.

(8) "Medical transportation provider" means any natural person, firm, corporation, partnership, or other juridical person who is engaged in delivering transportation to or from a medical service and who is paid for such delivery.

(9) "Nursing facility" means a facility which is licensed as a nursing home in accordance with R.S. 40:2009.3 et seq. by the Louisiana Department of Health.

(10) "Out-of-state pharmacist" means any natural person who is licensed or registered as a pharmacist by a state other than Louisiana, who is a resident of and domiciled in a state other than Louisiana, and who fills, compounds, or dispenses out-of-state prescriptions.

(11) "Out-of-state pharmacy" means any natural person, firm, corporation, partnership, or other juridical person, that is permitted as a pharmacy by a state other than Louisiana, and that, through or by out-of-state pharmacists, sells at retail, fills, dispenses, or furnishes out-of-state prescriptions.

(12) "Out-of-state prescription" means a physician's order, written or oral, for a drug, chemical, medicine, device, or a combination thereof, that is filled, compounded or dispensed by an out-of-state pharmacist at a location outside the state of Louisiana, provided that the person for whom the physician issued the order is a resident of and domiciled in the state of Louisiana.

(13) "Out-patient prescription" means a prescription dispensed to an individual who is not an in-patient of a facility licensed by the Louisiana Department of Health as a hospital.

(14) "Pharmacist" means any natural person who is licensed or registered as a pharmacist by the state of Louisiana, who is a resident of and domiciled in the state of Louisiana, and who fills, compounds, or dispenses prescriptions.

(15) "Pharmacy" means any natural person, firm, corporation, partnership, or other juridical person that is permitted as a pharmacy by the state of Louisiana, that is located within the state of Louisiana, and that through or by pharmacists, sells at retail, fills, dispenses, or furnishes prescriptions.

(16) "Physician" means any licensed medical doctor, dentist, or other licensed practitioner authorized to prescribe or order any drug, chemical, medicine, device, or a combination thereof, to be filled, compounded, or dispensed by a pharmacist.

(17) "Prescription" means a physician's order, written, oral, or electronically transmitted for a drug, chemical, medicine, device, or a combination thereof, that is filled, compounded, or dispensed by a licensed or registered pharmacist or dispensing physician.

(18) "Secretary" means the secretary of the Louisiana Department of Health.

Acts 1992, No. 260, §1, eff. June 10, 1992; Acts 2006, No. 163, §3; Acts 2009, No. 438, §9(B); Acts 2011, No. 155, §2; Acts 2019, No. 404, §1, eff. July 1, 2020.
La. Rev. Stat. § 46:285 — LA Code / Code revised-statutes / Title 46 / Section 285
Required training for child protection and foster care workers
Status: in_force

A. No employee of the Department of Children and Family Services, office of children and family services, with direct responsibility for cases dealing with families and children after January 1, 1984, shall exercise responsibility for any cases until that employee has completed a training program consisting of at least thirty-two hours of instruction, addressing such appropriate topics as:

(1) Causes and effects of child abuse and neglect.

(2) Legal aspects of child protection and foster care including the legal duties of the representatives, which may consist of various methods of informing such representatives of such duties, in order to protect the constitutional and statutory rights and safety of children and families from the initial time of contact during investigation through treatment.

(3) Treatment of abused and neglected children.

(4) Treatment of abusive and neglectful parents.

(5) Permanency planning for children.

(6) Training to ensure that workers are knowledgeable in best practices for promoting collaboration with families and that they are fully aware of the extent and the limits of their legal authority and the legal rights of parents in carrying out such investigations. Training shall include legal duties of workers to protect the constitutional and statutory rights of children and families from the initial time of contact during investigation through treatment.

B. All representatives or employees of the Department of Children and Family Services shall, at the initial time of contact with the individual subject to a child abuse and neglect investigation, advise the individual of the specific complaints or allegations made against the individual in a manner that is consistent with laws protecting the rights of the informant.

C. Any employee hired on or after July 1, 2010, who has graduated from a Council on Social Work Education accredited program of social work certifying that the employee has completed course work and demonstrated competency in the core areas of effective child welfare practice, including successful completion of a child welfare specific internship, shall be deemed to have met the thirty-two hour training requirement specified in Subsection A of this Section and may begin exercising responsibility for cases under agency supervision. The Department of Children and Family Services in partnership with the Louisiana University Child Welfare Workforce Alliance shall define the core competencies, which shall include but not be limited to the competencies set forth in Subsection A of this Section, of effective child welfare practice. The Department of Children and Family Services shall be specifically authorized to promulgate rules and regulations, pursuant to the Administrative Procedure Act, which may be necessary to effect the provisions of this Section.

D. Within six months following the commencement of responsibility for cases, each employee designated in Subsection A of this Section shall complete a training program consisting of thirty-two hours of job-related instruction in addition to the training required in Subsection A of this Section.

E. Notwithstanding the provisions of Subsections A and D of this Section, employees of the office of children and family services shall be permitted to exercise responsibility for cases on an emergency basis prior to the completion of required training if the unavailability of these employees pending such training would result in the agency's inability to meet the needs of abused or neglected children or to satisfy legal mandates, provided that appropriate training may not be delayed beyond sixty days.

F. Within the second and third full year of employment, each child protection caseworker and supervisor or foster care caseworker or supervisor as designated in Subsection A of this Section, shall receive thirty-two hours of in-service training annually, relevant to providing child welfare services.

G. Following completion of three full years of child welfare casework experience, each employee as designated in Subsection A of this Section, shall receive at least twenty hours of in-service training annually, relevant to providing child welfare services.

H. The Department of Children and Family Services shall provide such training through its own personnel, partnerships with universities, or by contracting with outside persons or agencies.

I. The Department of Children and Family Services may continue incentive pay schedules established by the Department of State Civil Service to compensate social work personnel with selected graduate degrees at a higher rate than other persons without such specialized advanced degrees as provided by the Department of State Civil Service and the State Civil Service Commission.

Added by Acts 1983, No. 710, §1; Acts 1990, No. 432, §1, eff. July 18, 1990; Acts 1995, No. 696, §1, eff. June 21, 1995; Acts 2004, No. 729, §1; Acts 2010, No. 76, §1, eff. June 1, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2018, No. 206, §5.
La. Rev. Stat. § 46:2151 — LA Code / Code revised-statutes / Title 46 / Section 2151
Dating violence
Status: in_force

A. A victim of a dating partner, as defined in Subsection B of this Section, shall be eligible to receive all services, benefits, and other forms of assistance provided by Chapter 28 of this Title.

B. For purposes of this Section, "dating partner" means any person who is involved or has been involved in a sexual or intimate relationship with the offender characterized by the expectation of affectionate involvement independent of financial considerations, regardless of whether the person presently lives or formerly lived in the same residence with the offender. "Dating partner" shall not include a casual relationship or ordinary association between persons in a business or social context.

C. For purposes of this Section, "dating violence" includes but is not limited to physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injury and defamation, committed by one dating partner against the other.

Acts 2001, No. 1180, §1; Acts 2003, No. 750, §6; Acts 2017, No. 84, §3.
La. Rev. Stat. § 46:438.7 — LA Code / Code revised-statutes / Title 46 / Section 438.7
Reduced damages
Status: in_force

If requested by the secretary or the attorney general, the court may reduce to not less than twice the actual damages or any recovery required to be imposed under the provisions of this Subpart if all of the following extenuating circumstances are found to be applicable:

(1) The violator furnished all the information known to him about the specific allegation to the secretary or attorney general no later than thirty days after the violator first obtained the information.

(2) The violator cooperated fully with all federal or state investigations concerning the specific allegation.

(3) At the time the violator furnished the information concerning the specific allegation to the state, no criminal prosecution, civil action, or administrative action had been commenced as to the alleged violation, and the violator did not have actual knowledge of the existence of an investigation into such a violation.

Acts 1997, No. 1373, §1; Acts 2011, No. 185, §1; Acts 2025, No. 206, §1.
La. Rev. Stat. § 46:2413 — LA Code / Code revised-statutes / Title 46 / Section 2413
Guidelines for appointment; terms; removal of members; chairman and vice-chairman; place and frequency of meetings
Status: in_force

A. Each local citizen review board shall be appointed according to the following guidelines:

(1) Members of each local citizen review board shall be recruited from the professions of law, medicine, psychology, social work, and education, from foster and adoptive parents, and from other groups with special knowledge and interest. All members of each local citizen review board shall have a demonstrated interest in foster care or child welfare.

(2) Members of each local citizen review board shall, as far as practicable, represent the various socioeconomic and ethnic groups of the area served.

(3) No person employed by the department, by any private agency regulated by the department, or by any juvenile court shall serve on any local citizen review board.

(4) Of the initial appointees to each local citizen review board, one member shall be appointed to serve a term of one year, two members shall be appointed to serve terms of two years, and two members shall be appointed to serve terms of three years. All subsequent local citizen review board members shall serve terms of three years, except that if a vacancy occurs, a successor shall be appointed to serve the unexpired term. The term of each member shall expire on August first of the appropriate year. Members may be reappointed and shall continue to serve until a successor is appointed.

B. Local citizen review board members may be removed by the state board or by a majority of local citizen review board members, pursuant to rules established by the state board, for nonparticipation or for other cause. The appointing court may remove local citizen review board members for cause.

C. Each local citizen review board shall annually elect from its membership a chairman and a vice-chairman to serve in the absence of the chairman.

D. Each local citizen review board shall meet at a place agreed to by a majority of the board as often as it deems necessary to carry out the duties of the board. A local citizen review board shall meet no less than six times annually.

E. Each local citizen review board shall be domiciled within the judicial district. The local citizen review board shall notify the judicial district court, the department, and the clerk or clerks of court for the judicial district of its mailing address and its officers.

Added by Acts 1983, No. 610, §1; eff. July 1, 1984.
La. Rev. Stat. § 46:2421 — LA Code / Code revised-statutes / Title 46 / Section 2421
Local citizen review board access to records; assistance of court
Status: in_force

A. Each local citizen review board shall have access to any records of the court, the department, and any agency or institution directly responsible for care or placement of the child, which pertain to the child assigned to the local board for review or to his parents, or contain information relevant to planning or providing assistance or services to the child or family.

B. All requested records not already before the local citizen review board, when requested, shall be submitted by the organization in possession of the records within five working days of receipt of the request. Copies may be sent in lieu of originals.

C. Should the local citizen review board be denied access to requested records, it may request the court to hold a hearing, at which time the court shall require the organization in possession of the records to show cause why the records should not be surrendered as provided by this Section.

Added by Acts 1983, No. 610, §1; eff. July 1, 1984.
La. Rev. Stat. § 46:2691 — LA Code / Code revised-statutes / Title 46 / Section 2691
Medicaid Trust Fund for the Elderly
Status: in_force

A.(1) There is hereby established as a permanent trust fund in the state treasury designated the "Medicaid Trust Fund for the Elderly", hereinafter referred to as the "fund". After allocation of money to the Bond Security and Redemption Fund as provided in Article VII, Section 9(B) of the Constitution of Louisiana, the treasurer shall deposit in and credit to the fund the following sources:

(a) All money that is received from any source, including but not limited to an intergovernmental transfer program provided for in this Chapter and all income on investment of monies in the fund.

(b) Repealed by Acts 2019, No. 443, §4, eff. June 25, 2019.

(2) Monies in the fund shall be invested by the treasurer in the manner hereinafter provided. All unencumbered and unexpended monies in the fund at the end of the fiscal year shall remain in the fund.

(3) Monies in the fund may be used as the source of state matching funds for Medicaid funds to make enhanced payments to local government-owned health care facilities.

B.(1) After July 1, 2014, the principal in the fund from proceeds received by the state associated with the Deepwater Horizon oil spill or any other source shall not be subject to appropriation unless authorized by a joint resolution approved by two-thirds of the elected members of each house of the legislature and except to provide for:

(a) The re-basing of nursing homes in accordance with the approved state Medicaid plan.

(b) The development and funding of a case mix reimbursement system for the Medicaid nursing home program.

(c) The payment of all costs of local governments for their participation in the intergovernmental transfer program.

(d) The enhanced payment to any local government-owned health care facilities or health care programs in amounts as required by written agreements between the secretary and the local governments which are recommended by the Intergovernmental Transfer Subcommittee created and established in R.S. 46:2692 and approved by the governor and the Joint Legislative Committee on the Budget.

(e) The reimbursement of the Louisiana Department of Health for costs incurred in preparing the application for and implementing the intergovernmental transfer program established in this Chapter.

(f) The reimbursement of any monies deposited into the fund as a result of over payments of federal funds.

(2) Upon completion of the initial intergovernmental transfer, nursing homes will be re-based in accordance with the approved state Medicaid plan. In ensuing years, re-basing in accordance with the approved state Medicaid plan may come from the principal in the trust, but shall be limited to earnings on investment from the fund.

(3) Only earnings on investment from the fund may be appropriated each fiscal year for services of the state Medicaid program in the following order of priority:

(a) For providing for a wage enhancement for direct care personnel working in Medicaid certified nursing homes in accordance with a plan established by the Louisiana Department of Health and representatives of the nursing facility industry. The plan shall provide for a direct pass-through of the costs of such wage enhancement in a manner to ensure that the nursing home rate is adjusted to reflect the full costs of such wage enhancement.

(b) For appropriations solely and exclusively for services of the state Medicaid program that are subject to federal financial participation in matching funds.

(4) Monies in the fund shall not be used to displace, replace, or supplant appropriations from the state general fund for the Medicaid program below the amount of state general fund appropriations for the Medicaid program for the 1999-2000 Fiscal Year unless the official forecast of recurring monies available for appropriation which is utilized by the legislature in its adoption of the state budget for the ensuring fiscal year as provided in R.S. 39:26 indicates that revenues for such year will be insufficient to fund the state budget at the same level as the previous year.

(5) The state treasurer shall report the status of the fund at least quarterly to the secretary of the Louisiana Department of Health and the Intergovernmental Transfer Subcommittee.

C.(1) The monies deposited in and credited to the fund pursuant to Subsection A of this Section shall be invested by the state treasurer.

(2) The state treasurer is hereby authorized and directed to invest the monies deposited in and credited to the fund that are available for investment in the investments permitted for the Louisiana Education Quality Trust Fund, also known as the Kevin P. Reilly, Sr. Louisiana Education Quality Trust Fund, as set forth in R.S. 17:3803(B), (D), and (E). In establishing investment goals and policies for monies in the Medicaid Trust Fund for the Elderly, the state treasurer shall consult no less frequently than semiannually with the secretary of the Louisiana Department of Health as to the anticipated cash withdrawals from the fund during the next twelve months.

(3) The earnings on investment from the fund shall be available to pay expenses incurred for outside investment managers for the investment and management of the fund and for other custody, investment, and disbursement costs directly attributable to the fund, and as otherwise provided for in this Section.

(4) Expenses attributable to the state treasurer exercising responsibility for the custody, investment, and disbursement of the monies in the fund are administrative costs properly paid out of the earnings on investment from the fund and shall be paid by appropriation from such earnings. Such costs include those costs attributable to fees charged by any financial institution for providing custodial services, which shall not exceed two percent of the amount managed, costs incurred for outside investment managers for the investment and management of the fund, which shall not exceed two percent of the amount managed and other direct costs incurred by the treasurer. Other costs related to the fund shall be paid by appropriation from the state general fund. All appropriations made to, or upon the request of, the state treasurer, related to the management of the fund shall be subject to review of the Intergovernmental Transfer Subcommittee.

(5) The provisions of this Subsection shall be subject to review and approval of the Centers for Medicare and Medicaid Services.

(6) On or before November first of each year, the state treasurer shall prepare and submit to the secretary of the Louisiana Department of Health a report on the performance of the fund during the prior fiscal year. The state treasurer shall also submit a copy of the report to the Joint Legislative Committee on the Budget and to the House Committee on Health and Welfare and the Senate Committee on Health and Welfare.

Acts 2000, 1st Ex. Sess., No. 143, §1, eff. April 19, 2000; Acts 2001, No. 700, §1; Acts 2005, No. 179, §11, eff. June 28, 2005; Acts 2013, No. 56, §3, eff. May 29, 2013; Acts 2013, No. 224, §1, eff. June 12, 2013; Acts 2014, No. 646, §12, eff. July 1, 2014; Acts 2019, No. 443, §4, eff. June 25, 2019.
La. Rev. Stat. § 46:973 — LA Code / Code revised-statutes / Title 46 / Section 973
Adolescent pregnancy and pregnancy prevention program
Status: in_force

The office of public health, Louisiana Department of Health, shall provide a special program of preventive, health, and medical care and health education services for adolescents that concentrates on adolescent pregnancy and pregnancy prevention. The program required by this Section shall include services necessary to prevent or reduce the occurrence of maternal, fetal, and infant deaths, low birth-weight infants, handicapping conditions, unplanned adolescent pregnancies, and births without appropriate intrapartum care.

Acts 1990, No. 731, §1.
La. Rev. Stat. § 46:153.3.2 — LA Code / Code revised-statutes / Title 46 / Section 153.3.2
Medicaid prescription medication for chronic or acute pain; opioid alternatives
Status: in_force

A. Notwithstanding any provision of law to the contrary, a Medicaid managed care organization shall not deny coverage of a nonopioid prescription drug in favor of an opioid prescription drug when a licensed physician has prescribed a nonopioid medication for the treatment of chronic or acute pain.

B. The department shall not establish more restrictive or more extensive utilization controls, including but not limited to more restrictive or more extensive prior authorization or step therapy requirements, for clinically appropriate nonopioid drugs than the least restrictive or extensive utilization controls applicable to any clinically appropriate opioid or narcotic drug.

C. The department shall:

(1) Provide education, awareness, and technical assistance on the advantages of nonopioid alternative drugs.

(2) Collaborate with political subdivisions, nonprofit organizations, and other state agencies to seek funding opportunities for educational and healthcare services related to nonopioid alternatives.

(3) Assist, upon request, political subdivisions that receive opioid grant awards as a result of any money obtained through a settlement or judgment by the attorney general on behalf of this state related to opioid litigation involving pharmaceutical supply chain participants.

Acts 2024, No. 320, §1.
La. Rev. Stat. § 46:231.6 — LA Code / Code revised-statutes / Title 46 / Section 231.6
Termination of eligibility; twenty-four-month limit; refusal of employment
Status: in_force

A. A family shall be ineligible for FITAP benefits, including automatic eligibility for medical assistance under Title XIX of the Social Security Act (Medicaid), if any one of the following applies:

(1) The parent has received FITAP for at least twenty-four months, whether consecutive or not, out of the previous sixty months after January 1, 1997.

(2) A work-eligible parent has declined or refused the opportunity for full-time employment as specified in the participant's Family Success Agreement or has not complied with required work activities as specified in the participant's Family Success Agreement.

B. The provisions of this Section shall not apply to an individual who is incapacitated or has a disability as documented or to such an individual in the recipient's household.

C. The secretary of the department may promulgate rules and regulations which establish exceptions to the time limitations provided in this Section to the extent that funds are available for this purpose; however, any such exception shall be contingent upon the recipient maintaining compliance with the STEP Family Success Agreement pursuant to R.S. 46:231.12.

D, E. Repealed by Acts 2013, No. 285, §2, eff. June 14, 2013.

Acts 1997, No. 1155, §1, eff. July 1, 1997; Acts 2003, No. 58, §1; Acts 2004, No. 110, §1; Acts 2004, No. 675, §1; Acts 2013, No. 285, §§1, 2, eff. June 14, 2013; Acts 2014, No. 811, §24, eff. June 23, 2014.
La. Rev. Stat. § 46:460.77.4 — LA Code / Code revised-statutes / Title 46 / Section 460.77.4
Reimbursement for certain behavioral health services
Status: in_force

A. Subject to approval by the Centers for Medicare and Medicaid Services, the Louisiana Department of Health shall reimburse Medicaid providers for mental health partial hospitalization program services provided at a licensed freestanding inpatient psychiatric hospital. Providers shall be reimbursed at one hundred percent of the Medicare rates.

B. Implementation of this Section is subject to the appropriation of funds by the legislature for this purpose or upon notification by the secretary of the Louisiana Department of Health to the Joint Legislative Committee on the Budget that the department has identified available funds within its existing budget authority for the implementation of the provisions of this Section.

Acts 2025, No. 417, §1, eff. July 1, 2025.
La. Rev. Stat. § 46:972 — LA Code / Code revised-statutes / Title 46 / Section 972
State plan; rules and regulations
Status: in_force

A. The Louisiana Department of Health may establish a state plan for maternal and child health services and enter any orders and make any rules and regulations which are necessary to carry the plan into effect.

B. The plan shall:

(1) Provide for financial participation by the state.

(2) Provide for the administration of the plan or the supervision of the administration of the plan by the department.

(3) Provide the methods of administration which are necessary for the efficient operation of the plan.

(4) Provide that the department will make such reports in the form and containing the information which the secretary of labor of the United States requires, and that the department will comply with the provisions which the secretary of labor finds necessary to assure the correctness and verification of the reports.

(5) Provide for the extension and improvement of local maternal and child health services administered by local health units.

(6) Provide for cooperation with medical, nursing, and welfare groups and organizations.

(7) Provide for the development of demonstration services in needy areas and among groups in special need.

C. This plan may contain any other provisions necessary to carry out the purpose of this Chapter.

Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2018, No. 206, §5.
La. Rev. Stat. § 46:1842 — LA Code / Code revised-statutes / Title 46 / Section 1842
Definitions
Status: in_force

In this Chapter:

(1) "Crime" means an act defined as a felony, misdemeanor, or delinquency under state law.

(2) "Crime lab" means a laboratory that conducts a forensic analysis of physical evidence in criminal matters.

(3) "Crime victim who is a minor" means a person under the age of eighteen against whom any of the following offenses have been committed:

(a) Any homicide or any felony offense defined or enumerated in R.S. 14:2(B).

(b) Any sex offense or human trafficking-related offense as defined or enumerated in R.S. 46:1844(W).

(c) The offenses of vehicular negligent injuring (R.S. 14:39.1) and first degree vehicular negligent injuring (R.S. 14:39.2).

(d) Any offense against the person as defined in R.S. 14:29 through 63.3.

(e) Any offense committed against a family or household member as defined in R.S. 46:2132 or dating partner as defined in R.S. 46:2151.

(f) The offense of violation of protective orders (R.S. 14:79).

(g) The offenses of voyeurism (R.S. 14:283.1), Peeping Tom (R.S. 14:284), and unlawful communications (R.S. 14:285).

(h) Any other offense which is a felony committed against any natural person.

(4) "Critical stage" means any judicial proceeding at which there is a disposition of the charged offense or a lesser offense, or a sentence imposed pursuant thereto.

(5) "Designated family member" means a family member or legal guardian of the victim who is a minor, a homicide victim, or a victim who is unable to exercise his rights pursuant to this Chapter due to a serious disability. The designated family member shall be selected by a majority of the victim's family members, and shall be afforded all of the rights accruing to victims under this Chapter. A substitution of the designated family member may be made upon agreement by the majority of the victim's family members. In specific cases, the court or the district attorney may allow more than one designated family member.

(6) "Forensic medical examination" has the same meaning as provided in R.S. 15:622.

(7) "Healthcare provider" has the same meaning as provided in R.S. 40:1216.1.

(8) "Inmate" means a person convicted of a felony.

(9) "Judicial agency" means the district court and officers thereof, including the judge, the prosecutor, and the clerk of court, the Crime Victims Reparations Board, the Department of Public Safety and Corrections, and the division of probation and parole.

(10) "Judicial proceeding" means any contradictory proceeding held in open court.

(11) "Law enforcement agency" means the sheriff, constable, or police force as defined by law, and the Department of Public Safety and Corrections.

(12) "Registration" means the completion of a form which is filed with the law enforcement agency investigating the offense of which the person is a victim, as specified in R.S. 46:1844(T), which shall include an address, email address, and telephone number at which the victim or designated family member may be notified. Such forms shall be promulgated by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice in accordance with R.S. 46:1844(R).

(13) "Sexual assault advocate" has the same meaning as provided in R.S. 46:2186.

(14) "Sexual assault collection kit" has the same meaning as provided in R.S. 15:624.

(15) "Victim" means a person against whom any of the following offenses have been committed:

(a) Any homicide, or any felony offense defined or enumerated in R.S. 14:2(B).

(b) Any sex offense or human trafficking-related offense as defined or enumerated in R.S. 46:1844(W).

(c) The offenses of vehicular negligent injuring (R.S. 14:39.1) and first degree vehicular negligent injuring (R.S. 14:39.2).

(d) Any offense against the person as defined in R.S. 14:29 through 63.3.

(e) Any offense committed against a family or household member as defined in R.S. 46:2132 or dating partner as defined in R.S. 46:2151.

(f) The offense of violation of protective orders (R.S. 14:79).

(g) The offenses of voyeurism (R.S. 14:283.1), Peeping Tom (R.S. 14:284), and unlawful communications (R.S. 14:285).

(h) Any other offense which is a felony committed against any natural person.

(16) "Victim notice and registration form" means a form promulgated by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice in accordance with R.S. 46:1844(R) and distributed by a judicial or law enforcement agency on which a victim or witness or a family member of a victim or witness may indicate a request that he be afforded the rights prescribed in this Chapter or other criminal statutes relative to a crime of which he or a family member was a victim or witness.

(17) "Victim of sexual assault" means any natural person who presents as a victim of sexual assault as defined in R.S. 46:2184, or the family member of such person if the victim is under eighteen years of age, incompetent, or deceased, provided that in no instance does the term include a family member identified as the perpetrator.

(18) "Victim's family" includes a spouse, parent, child, stepchild, sibling, or legal representative of the victim, except when that person is in custody for an offense, is the defendant, or has been identified as the perpetrator, regardless of whether the person is in custody.

(19) "Witness" means any person who has been or is expected to testify for the prosecution, or who, by reason of having relevant information, is subject to call or likely to be called as a witness for the prosecution, whether or not any action or proceeding has yet been commenced.

Acts 1985, No. 794, §1; Acts 1992, No. 383, §1; Acts 1995, No. 532, §1; Acts 1997, No. 732, §1; Acts 1999, No. 783, §1, eff. Jan. 1, 2000; Acts 2003, No. 750, §6; Acts 2017, No. 337, §1; Acts 2022, No. 411, §1.
La. Rev. Stat. § 46:1923 — LA Code / Code revised-statutes / Title 46 / Section 1923
Restrictions on use of records
Status: in_force

A. With respect to any child for whom care and treatment services are either directly or indirectly provided by the department pursuant to this Chapter to a child alleged or found to be delinquent or in need of supervision, it shall be unlawful, except for purposes directly connected with the administration of this Chapter or upon the consent of such child or the attorney for such child, or upon the specific order of the court pursuant to the provisions of Code of Criminal Procedure Art. 875 and R.S. 13:1564 through R.S. 13:1724, both inclusive, for any individual agency, organization, or facility to knowingly solicit, disclose, receive, or make use of, or authorize, permit, participate in, or acquiesce in the use of any information in or derived from such child's legal, social, medical, or psychological records, or obtained, directly or indirectly, from the records, papers, files, or communication by or to the department or any individual, agency, organization, or facility utilized by the department for the provision of such care and treatment services for such child.

B. Nothing in this Section shall prohibit the interchange of records, reports, or any other information among the various offices of the department and among the various personnel thereof. Additionally, nothing in this Section shall prohibit any judge serving on a court with juvenile jurisdiction from access to all of the records of any child before that court.

Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1984, No. 567, §2, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1988, No. 607, §2, eff. July 14, 1988.
La. Rev. Stat. § 46:2255 — LA Code / Code revised-statutes / Title 46 / Section 2255
Construction
Status: in_force

Nothing in this Act shall be construed to prohibit or alter any program, service, facility, school, or privilege which is afforded, oriented, or restricted to a person because of his disability, from continuing to habilitate, rehabilitate, or accommodate that person.

Added by Acts 1980, No. 665, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.
La. Rev. Stat. § 46:153.4 — LA Code / Code revised-statutes / Title 46 / Section 153.4
Medicaid Estate Recovery, legislative findings
Status: in_force

A. The Legislature of Louisiana finds:

(1) Louisiana has a long tradition of constitutional provisions and legislation preserving the rights of descendants to inherit the immovable property of their ascendants in the first degree. For nearly two hundred years, state laws required a portion of the estate of residents to be inherited by the children of the deceased. In addition, Louisiana has sought to ensure the inviolability of the right of home ownership to citizens of the state through numerous state constitutions since 1864.

(2) Article XII, Section 9 of the Constitution of Louisiana, the substance of which dates back to the Louisiana Constitution of 1879, guarantees an exemption from seizure and sale of a homestead. The constitutionally recognized and statutorily implemented exemption, originally enacted in 1880, provides a fifteen thousand dollar homestead exemption from sale and seizure and provides a full exemption from sale and seizure for debts related to catastrophic illness or injury.

B. The state of Louisiana must establish an estate recovery program in compliance with Subchapter XIX of the Social Security Act, 42 U.S.C. 1396p, as amended.

C. Therefore, the legislature declares that a comprehensive plan should be developed to address the federal requirements for an estate recovery program while at the same time recognizing the state's long tradition of protecting the citizens' rights to home ownership and the state's interest in assuring the transfer of real property within family units.

D. The Louisiana Department of Health shall establish an estate recovery program for the purpose of recovering medical assistance payments made on behalf of individual recipients from the succession estates of those individuals. The department shall seek recovery of medical assistance payments for only those instances mandated by Subchapter XIX of the Social Security Act, 42 U.S.C. 1396p, as amended. For purposes of this Section, the claim of the department shall be considered a privilege on the succession estate, and shall have a priority equivalent to an expense of last illness as prescribed in Civil Code Article 3252 et seq.

E. The department shall not seek recovery against the estate of a deceased recipient of the amount of any benefits paid if the amount of the assistance to be recovered is economically inappropriate in relation to the expenses of the recovery. The department shall not institute estate recovery on the first fifteen thousand dollars or one-half the median value of the homestead in each parish whichever is higher.

F.(1) The estate recovery efforts of the department shall be in accordance with Subchapter XIX of the Social Security Act, 42 U.S.C. 1396p, as amended. The department shall not take any action to recover in the case of undue hardship.

(2) An undue hardship to any heir, as defined by rule, shall exist if an heir’s family income is three hundred percent or less of the applicable federal poverty guideline as published in the Federal Register by the United States Department of Health and Human Services.

(3) The department shall promulgate rules and regulations to implement the provisions of this Section.

G. Such rules and regulations shall be in accordance with Subchapter XIX of the Social Security Act, 42 U.S.C. 1396p, as amended. The department is hereby authorized to compromise, settle, or waive any recovery of medical assistance authorized by this Section upon good cause shown. The department's recovery from the succession estate may be reduced in consideration of reasonable and necessary expenses incurred by the recipient's heirs, subsequent to the recipient's admission to a long-term care facility, in order to maintain the homestead of the recipient, if the homestead is part of the succession estate.

H. To the extent that there is any conflict between the provision of this Section and the standards that are specified by the secretary of the United States Department of Health and Human Services, the federal standard shall prevail.

Acts 2003, No. 226, §1; Acts 2018, No. 206, §5.
La. Rev. Stat. § 46:1097 — LA Code / Code revised-statutes / Title 46 / Section 1097
Commission; powers, duties, responsibilities, limitations
Status: in_force

A. The commission and district shall have all the general powers, duties, functions, and responsibilities of a hospital service district created under Part I of this Chapter. Each commission created under this Part may construct or acquire a new general hospital facility in Orleans Parish or renovate an existing general hospital facility in Orleans Parish and provide for the operation of such facility.

B. Each commission is further authorized to lease any such facility to any state or local agency, department, or other entity.

C. No hospital shall be constructed or acquired pursuant to this Part until a professionally prepared financial feasibility study is completed, the findings of such study have been reported to the committees on health and welfare of the Senate and House of Representatives pursuant to R.S. 40:1094(D), and the report has been approved by the Louisiana Department of Health. Such study shall include an examination of the financial feasibility of staffing such an entity under the then current conditions, the funding of the construction or acquisition, and the costs of annual operation of the hospital. The study shall be conducted by a firm qualified for such purposes by the FHA 242 mortgage program.

D. Nothing in this Part shall be construed to adversely affect the authority of any constitutionally created higher education management board, nor shall any entity created pursuant to this Part regulate any medical facility or higher education facility under the control of a constitutionally created higher education management board.

Acts 2006, No. 830, §1, eff. July 5, 2006; Acts 2011, No. 278, §1, eff. June 28, 2011.
La. Rev. Stat. § 46:1451 — LA Code / Code revised-statutes / Title 46 / Section 1451
Definitions
Status: in_force

As used in this Chapter, the following terms have the meaning ascribed to them in this Section:

(1) "Department" means the Department of Children and Family Services.

(2) "Program" means the continuum of care program established and provided for in this Chapter.

(3) "TANF" means the Temporary Assistance for Needy Families block grant program established pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, and administered in this state by the Department of Children and Family Services.

Acts 2022, No. 561, §1, eff. June 17, 2022.
La. Rev. Stat. § 46:1931 — LA Code / Code revised-statutes / Title 46 / Section 1931
Creation of multiparish juvenile detention homes
Status: in_force

The governing authority of one or more parishes may create a multiparish juvenile detention home district whenever, by joint resolution, they shall deem it in the best interest of the parish or parishes involved.

Added by Acts 1974, No. 700, §1. Amended by Acts 1975, No. 426, §1.
La. Rev. Stat. § 46:1443.1 — LA Code / Code revised-statutes / Title 46 / Section 1443.1
Definitions
Status: in_force

As used in this Chapter, the following terms have the meaning ascribed to them in this Section:

(1) "Administration for Children and Families" and "ACF" mean the division of the United States Department of Health and Human Services which administers the Child Care and Development Block Grant.

(2) "Child Care and Development Fund" and "CCDF" mean the fund and program authorized by the Child Care and Development Block Grant Act and Section 418 of the Social Security Act to assist low-income families in obtaining child care.

(3) "Department" means the Department of Children and Family Services or its successor as administrator of the Child Care and Development Fund program in this state.

(4)(a) "Homeless" means lacking a fixed, regular, and adequate nighttime residence.

(b) For purposes of this Chapter, the term "homeless" shall encompass children and youths experiencing the particular conditions and situations provided for in Subtitle B of Title VII of the McKinney-Vento Education for Homeless Children and Youth Act, 42 U.S.C. §11434a(2).

Acts 2014, No. 787, §2, eff. June 19, 2014.
La. Rev. Stat. § 46:2186 — LA Code / Code revised-statutes / Title 46 / Section 2186
Assistance; clerk of court; sexual assault advocate
Status: in_force

A. The clerk of court shall make forms available for making application for protective orders under this Chapter, provide clerical assistance to the petitioner when necessary, notify indigent applicants of the availability of filing in forma pauperis, provide the necessary forms, as supplied by the judicial administrator's office, Louisiana Supreme Court, and provide the services of a notary, where available, for completion of the affidavit required in R.S. 46:2134(D).

B. Sexual assault advocates may provide clerical assistance to petitioners in making an application for a protective order in accordance with this Chapter.

C. For purposes of this Section, "sexual assault advocate" means a person who is engaged by any office, center, or institution referred to as a sexual assault or rape crisis center or similar program, and who has undergone at least forty hours of training and who is engaged in rendering advice, counseling, advocacy, or assistance to victims.

Acts 2015, No. 242, §3.
La. Rev. Stat. § 46:2353 — LA Code / Code revised-statutes / Title 46 / Section 2353
Duties
Status: in_force

The commission, with the guidance of the board, shall do all of the following:

(1) Promote, coordinate, and facilitate accessibility of all public and private services to d/Deaf, DeafBlind, and hard of hearing people through informing, educating, and advising businesses, industries, and other sectors on effective communication and the needs of d/Deaf, DeafBlind, and hard of hearing individuals to promote and ensure accessibility to public services.

(2) Serve as advocate for the needs and rights of d/Deaf, DeafBlind, and hard of hearing people.

(3) Collect information concerning deafness and provide for the dissemination of this information.

(4) Develop and implement a statewide program to ensure continuity of services to d/Deaf, DeafBlind, and hard of hearing people.

(5) Inform, educate, and advise deaf citizens, parents, and families of the availability of programs and services for d/Deaf, DeafBlind, and hard of hearing adults and children at all levels of state and local government.

(6) Promote the training of interpreters and assist in the establishment of interpreter training programs.

(7)(a) Establish, administer, and promote a statewide program to standardize interpreting services for those who are d/Deaf, DeafBlind, or hard of hearing.

(b) The commission shall do all of the following:

(i) Establish the process and set the criteria for the professional credentialing of interpreters.

(ii) Develop and maintain a registry of credentialed interpreters, including administrative guidelines for the registration process.

(iii) Set administrative guidelines regarding minimum qualifications and registration for interpreters working in educational settings, in conjunction with the Department of Education. The commission shall review for approval applications and renewals of state of Louisiana provisional and ancillary certificates for interpreters working for the department or any of the local educational agencies or special school boards throughout the state under the supervision of the State Board of Elementary and Secondary Education.

(iv) Establish criteria regarding the minimum qualifications and registration of persons who may serve as interpreters during a judicial or quasi-judicial proceeding in this state or its political subdivisions for a person who is d/Deaf, DeafBlind, or hard of hearing that align with and expand upon the rules of the Louisiana Supreme Court. No person shall serve as an interpreter in the courts of this state without the required interpreter certification.

(c) The commission shall promulgate rules for the regulation of interpreters in this state. The rules shall, at a minimum, do all of the following:

(i) Charge reasonable fees to cover the administrative costs of applications, examination of applications, and renewal of registration.

(ii) Accept registration for applicants with valid credentialing from another state, based on the board's recommendation for reciprocity.

(iii) Adopt conditions under which registration will expire.

(iv) Specify procedures outlining grounds for denying, suspending, or revoking an interpreter's registration with the state.

(v) Adopt and specify grievance policy and procedures and the process for disciplining interpreters.

(vi) Provide for a deaf or hard of hearing person's right to choose his interpreter to the extent possible and appropriate.

(vii) Exempt interpreters of religious services or those interpreting on a voluntary basis without compensation from the requirement of registration.

(d) The commission shall establish standards for businesses or organizations providing interpreting services, which may include best practices for provision of services.

(8) Promulgate pursuant to R.S. 49:950 et seq., the procedures, regulations, rules, and criteria and take other action necessary to implement and administer the provisions of this Chapter where not otherwise prohibited by law.

Added by Acts 1980, No. 629, §2; Acts 1985, No. 662, §1, eff. July 16, 1985; Acts 1988, No. 660, §1, eff. Sept. 1, 1988; Acts 1990, No. 529, §1; Acts 1991, No. 895, §1; Acts 1993, No. 1006, §1, eff. June 25, 1993; Acts 1995, No. 924, §1; Acts 1997, No. 213, §1, eff. June 16, 1997; Acts 2008, No. 815, §4; Acts 2010, No. 743, §8(B), eff. July 1, 2010; Acts 2017, No. 146, §11; Acts 2018, No. 206, §5; Acts 2022, No. 128, §1; Redesignated from R.S. 46:2352.

NOTE: Former R.S. 46:2353 redesignated as R.S. 46:2354 by Acts 2022, No. 128, §1.
La. Rev. Stat. § 46:1831.13 — LA Code / Code revised-statutes / Title 46 / Section 1831.13
Report to legislature and governor
Status: in_force

The board shall submit an annual report to the legislature and the governor detailing its activities during the preceding year. The report shall be made available electronically on the website of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice. A sufficient number of copies shall be printed for distribution to the governor, the chairman of the House Committee on Judiciary, the chairman of the Senate Committee on Judiciary C, and to as many others as may be requested.

Acts 2023, No. 451, §2.

NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
La. Rev. Stat. § 46:2407 — LA Code / Code revised-statutes / Title 46 / Section 2407
Funding of Children's Trust Dedicated Fund Account programs
Status: in_force

A. The cabinet shall identify the amount of funds necessary for the implementation of this Chapter.

B. Monies appropriated or otherwise made available to the cabinet to implement the provisions of this Chapter shall be disbursed as follows:

(1) The cabinet shall adopt a formula based on a recommendation by the board for the distribution of funds from the Children's Trust Dedicated Fund Account for programs and services for child abuse prevention which shall provide for the allocation of funds in each state planning district based upon the percentage of the total state reported cases of abuse and neglect reported in the state planning district and the percentage of the total state population under the age of eighteen years and upon the service and program needs of the district and the comprehensive state plan.

(2) Any funds which are not utilized within a state planning district shall be reallocated to the remaining districts in accordance with the formula required by Paragraph (1) of this Subsection.

(3) Ten percent of the amount appropriated to the cabinet may be used for administrative costs of the board.

C. Appropriations made for distribution by the cabinet for programs and services shall be deposited in the account and shall be disbursed by the office in accordance with directives of the cabinet.

D.(1) The board shall develop and, once approved by the cabinet, publish solicitations for grant proposals for grants to be funded from the Louisiana Children's Trust Dedicated Fund Account for child abuse prevention programs and services which are designed to meet identified priorities.

(2) Priorities shall be based upon information contained in the comprehensive state plan.

(3) A priority ranking shall be made based upon the extent to which a proposal meets identified needs, criteria for cost effectiveness, an evaluation component providing outcome data, and a determination that the proposal provides a mechanism for coordinating and integrating preventive services with other services deemed necessary for working effectively with families who are at risk of child abuse or neglect. Priority shall be given to primary and secondary prevention programs and services.

E. The board shall review and evaluate all proposals submitted for funding and services and make recommendations to the cabinet regarding grant awards. The cabinet shall make the final approval of grant awards.

F. All budget requests submitted by any private nonprofit agency to the legislature for funding of programs related to child abuse prevention shall conform to the application process and any subsequent revision of the plan adopted pursuant to the provisions of this Chapter.

Acts 1987, No. 932, §1, eff. July 20, 1987; Acts 2017, No. 237, §2; Acts 2021, No. 114, §18, eff. July 1, 2022.
La. Rev. Stat. § 46:102 — LA Code / Code revised-statutes / Title 46 / Section 102
Powers of the Department of Children and Family Services
Status: in_force

The department shall:

(1) Have full and complete authority to make and promulgate all rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of the public welfare laws; these rules and regulations shall be binding upon all parish offices and governing authorities of the various parishes, and shall be complied with so that the spirit and purposes of the public welfare laws may be achieved and the assistance provided for therein may be administered efficiently throughout the state.

(2) Establish adequate standards for personnel employed in the parish or regional offices in the administration of the public welfare laws and make the necessary rules and regulations to maintain such standards, and

(3) Prescribe the form of and print and supply to the parish offices blanks for applications, reports, affidavits, and such other forms as it may deem necessary and advisable.

(4) Employ such additional personnel as may be necessary to establish audit teams in sufficient numbers to make an intensive investigation of any public assistance applicant or recipient whose initial eligibility or whose continued eligibility is difficult to determine. These audit teams shall work the number of hours per week specified by the Department of State Civil Service, but their working days and hours shall be arranged to obtain the greatest efficiency in accomplishing the purpose described above.

NOTE: §102 as repealed by Acts 2025, No. 478, eff. Oct. 1, 2027.

§102. Repealed by Acts 2025, No. 478, §17, eff. Oct. 1, 2027.

Added by Acts 1960, No. 314, §1. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2025, No. 478, §17, eff. Oct. 1, 2027.
La. Rev. Stat. § 46:111 — LA Code / Code revised-statutes / Title 46 / Section 111
Assistance not assignable
Status: in_force

All assistance shall be inalienable by any assignment or transfer and shall be exempt from levy or execution under the laws of this state.