reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2187. Privileged communications and records

RS 46:2187 - Privileged communications and records
A. For purposes of this Section:
(1) "Privileged communication" means a communication made to a representative or employee of a sexual assault center by a victim. It also means a communication not otherwise privileged made by a representative or employee of a sexual assault center to a victim in the course of rendering services authorized by R.S. 46:2186.
(2) "Sexual assault center" means a program established and accredited in accordance with the standards set by the Louisiana Foundation Against Sexual Assault.
(3) "Victim" means a person against whom an act of attempted or perpetrated sexual assault was committed.
B. Notwithstanding any other provision of law, no person shall be required to disclose, by way of testimony or otherwise, a privileged communication, or to produce any records, documentary evidence, opinions, or decisions relating to such privileged communication, in connection with any civil or criminal proceeding.
C. Records relating to a privileged communication maintained by a sexual assault center shall not be public records, but such records may be used for the compilation of statistical data if the identity of the victim and the contents of any privileged communication are not disclosed.
Acts 2015, No. 242, §3.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2200. Transportation assistance for persons who are elderly and persons with disabilities

RS 46:2200 - Transportation assistance for persons who are elderly and persons with disabilities
The Department of Transportation and Development may establish and administer a program to provide assistance to applicants eligible under the provisions of Section 16(b)(2) of the federal Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1612(b)(2)).
Added by Acts 1979, No. 785, §1; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2201. Persons who are elderly and persons with disabilities; capital acquisitions; definitions

RS 46:2201 - Persons who are elderly and persons with disabilities; capital acquisitions; definitions
As used in this Chapter, the terms "persons who are elderly", "persons with disabilities", and "capital acquisitions" shall be defined in accordance with the appropriate federal law and the regulations and definitions in effect thereunder.
Added by Acts 1979, No. 785, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2202. Authorization for matching funds

RS 46:2202 - Authorization for matching funds
The Department of Transportation and Development is authorized to grant matching funds in an amount not to exceed twenty percent for capital acquisitions authorized by the appropriate provisions of the federal Urban Mass Transportation Act,1 as amended, and the regulations adopted pursuant thereto, to eligible applicants. Such grants shall be awarded only to qualified and approved applicants who have met all approved criteria established by the federal Urban Mass Transit Administration and Department of Transportation and Development. The secretary of the Department of Transportation and Development is authorized to enter contractual grant agreements with the federal Urban Mass Transportation Administration and eligible private nonprofit organizations.
Added by Acts 1979, No. 785, §1.
149 U.S.C.A. §1601 et seq.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2203. Coordination of services

RS 46:2203 - Coordination of services
Prior to awarding a grant to any agency, the Department of Transportation and Development shall require the applicant agency to assess and verify the local needs for the special transportation services. Each applicant agency shall also certify that local agencies are coordinating their service plans and that the awarding of the grant will not foster a duplication of services for persons who are elderly and persons with disabilities.
Added by Acts 1979, No. 785, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2204. Eligible private nonprofit organizations

RS 46:2204 - Eligible private nonprofit organizations
All interested organizations shall apply to the secretary of the Department of Transportation and Development for a determination of eligibility. Applicant organizations must certify and show that it is a financially responsible organization capable of meeting the terms of the grant agreement and that the organization is subject to proper management. Each organization receiving a grant shall insure, maintain, and operate the equipment acquired under the program, as required by the federal Urban Mass Transportation Act,1 as amended, and by the Department of Transportation and Development, and shall report to the department as prescribed by the appropriate rules and regulations.
Added by Acts 1979, No. 785, §1.
149 U.S.C.A. §1601 et seq.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2205. Nondiscrimination of policy

RS 46:2205 - Nondiscrimination of policy
All organizations receiving grants under this Chapter shall provide the required transportation services without regard to the race, religion, sex, national ancestry, place of residence or income level of the persons needing the assistance.
Added by Acts 1979, No. 785, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2206. Rules and regulations

RS 46:2206 - Rules and regulations
The secretary of the Department of Transportation and Development is hereby authorized to adopt and promulgate rules and regulations that the secretary deems necessary to implement the provisions of this Chapter, in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq.
Added by Acts 1979, No. 785, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2251. Short title

RS 46:2251 - Short title
This Chapter may be cited as the "Civil Rights Act for Persons with Disabilities".
Added by Acts 1980, No. 665, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2252. Purpose

RS 46:2252 - Purpose
A. The legislature hereby finds and declares that the state has the responsibility to act to assure that every individual within the state is afforded an equal opportunity to enjoy a full and productive life and that the failure to provide such equal opportunity, whether because of discrimination, prejudice, or intolerance not only threatens the rights and proper privileges of its inhabitants but menaces the institutions, the foundation of a free democratic state, and threatens the peace, order, health, safety, and general welfare of the state and its inhabitants.
B. The opportunity to obtain education, housing, and other real estate and full and equal utilization of public services and programs without discrimination on the basis of a disability is a civil right.
Added by Acts 1980, No. 665, §1; Acts 1997, No. 1409, §2, eff. Aug. 1, 1997; Acts 2014, No. 811, §24, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2255. Construction

RS 46:2255 - Construction
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.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2256. Complaints; filing procedure; compensation

RS 46:2256 - Complaints; filing procedure; compensation
A. When any person with a disability believes that any person has engaged or is engaging in discriminatory practices, as defined in this Chapter, he shall have one year from the date of the alleged discriminatory act to file a complaint in the appropriate civil district court.
B. Persons with disabilities who have been subject to unlawful discrimination as defined in this Chapter shall have the right to any and all remedies available under the law if they prevail in a suit under this Chapter including but not limited to compensatory damages, attorney fees, costs, and any other relief deemed appropriate. Any person who believes he has been discriminated against and intends to pursue court action shall give the person who has allegedly discriminated written notice of this fact at least thirty days before initiating court action and shall detail the discrimination, and both parties shall make a good faith effort to resolve the dispute before court action.
C. Any party filing suit under this Chapter who fails to prevail in his cause of action shall be held responsible for reasonable attorney fees and all court costs at the discretion of the judge.
Added by Acts 1980, No. 665, §1; Acts 1991, No. 563, §1; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2262. Purpose

RS 46:2262 - Purpose
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.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2262.1. Bill of Rights

RS 46:2262.1 - Bill of Rights
In order to ensure that children who are deaf or hard of hearing have the same rights and potential to become independent and self-actualizing as children who are not deaf or hard of hearing, the Deaf Child's Bill of Rights is established so that children who are deaf or hard of hearing are entitled:
(1) To appropriate screening and assessment of hearing and vision capabilities and communication and language needs at the earliest possible age and to the continuation of screening services throughout the educational experience.
(2) To early intervention to provide for acquisition of the language base developed at the earliest possible age.
(3) To their parents' or guardians' full and informed participation in their educational planning.
(4) To adult role models who are deaf or hard of hearing.
(5) To meet and associate with their peers.
(6) To qualified teachers, interpreters, and resource personnel who communicate effectively with the child in the child's mode of communication.
(7) To placement best suited to the child's individual needs, including but not limited to social, emotional, cultural needs, age, hearing loss, academic level, modes of communication, styles of learning, motivational level, and family support.
(8) To individual considerations for free and appropriate education across a full spectrum of educational programs.
(9) To full support services provided by qualified professionals in their educational settings.
(10) To full access to all programs in their educational settings.
(11) To have the public fully informed concerning medical, cultural, and linguistic issues of deafness and hearing loss.
(12) Where appropriate, to have deaf and hard of hearing adults directly involved in determining the extent, content, and purpose of all programs that affect their education.
Acts 1993, No. 395, §1; Acts 2017, No. 146, §11.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2265. Advisory council creation; membership; terms; quorum; compensation

RS 46:2265 - Advisory council creation; membership; terms; quorum; compensation
A. There is hereby created an advisory council for the program of early identification of deaf or hard of hearing infants. The council shall consist of fourteen members as follows:
(1) An otolaryngologist or otologist.
(2) An audiologist with extensive experience in evaluating infants.
(3) A neonatologist.
(4) A pediatrician.
(5) A deaf person.
(6) A hospital administrator.
(7) A speech and language pathologist.
(8) A school teacher or administrator certified in education of the deaf.
(9) A parent who chose the oral method for his deaf or hard of hearing child.
(10) A parent of a deaf or hard of hearing child utilizing total communication.
(11) A representative of the state Department of Education designated by the superintendent of education.
(12) A representative of the office designated by the assistant secretary of the office.
(13) A representative from the Louisiana Commission for the Deaf.
(14) A representative from the Louisiana Association of the Deaf.
B. Members of the council in accordance with Paragraphs (A)(1) through (10), (13), and (14) shall be appointed by the governor, subject to Senate confirmation. Other members are not subject to Senate confirmation.
C. Members of the council representing offices and departments of state government shall serve four-year terms concurrent with that of the governor. Other members shall serve three-year terms, except that in making the initial appointments, four members shall be appointed for a one-year term, four shall be appointed for two-year terms, and four shall be appointed for three-year terms. No member may serve more than two consecutive terms.
D. Each member shall serve without compensation.
E. A majority of the members of the council shall constitute a quorum for the transaction of all business.
F. The members of the council shall elect from their membership a chairman and a vice chairman.
Acts 1992, No. 417, §1; Acts 2017, No. 146, §11.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2266. Powers, duties, functions of the advisory council

RS 46:2266 - Powers, duties, functions of the advisory council
The advisory council shall:
(1) Advise and recommend risk factors or criteria for infants who are likely deaf or hard of hearing and infants who may develop a progressive hearing loss.
(2) Advise the office as to hearing screening, setting standards for the program, monitoring and reviewing the program, and providing quality assurance for the program.
(3) Advise the office as to integrating the program for early identification of deaf or hard of hearing infants with existing medical, audiological, and early infant education programs.
(4) Advise the office as to materials to be distributed to the public concerning deaf or hard of hearing infants.
(5) Advise the office on the implementation of the program for early identification and follow-up of infants susceptible to a hearing disability, deaf or hard of hearing infants, and infants who are at risk of developing progressive hearing loss.
Acts 1992, No. 417, §1; Acts 2017, No. 146, §11.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2267. Effective date; rules and regulations

RS 46:2267 - Effective date; rules and regulations
The office of public health shall, by July 1, 2000, adopt rules and regulations necessary to implement the program in accordance with the Administrative Procedure Act.
Acts 1992, No. 417, §1; Acts 1999, No. 653, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2301. Creation; personnel

RS 46:2301 - Creation; personnel
An agency of the state to be known as the "Governor's Office of Indian Affairs" is hereby created and established in the office of the governor. Said office shall exercise the powers and duties hereinafter set forth or otherwise provided by law. The office shall be administered by an executive director, who shall be appointed by the governor to serve at his pleasure. The executive director shall employ necessary staff to carry out the duties and functions of the office as otherwise provided in this Chapter, or as otherwise provided by law.
Added by Acts 1980, No. 702, §2, eff. July 24, 1980; Acts 1987, No. 213, §1; Acts 1993, No. 275, §2, eff. July 1, 1993.
{{NOTE: SEE ACTS 1987, NO. 213, §§3, 4, 5, 6, and 7.}}
{{NOTE: SEE ACTS 1993, NO. 275, §3.}}
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2302. Powers, duties, functions

RS 46:2302 - Powers, duties, functions
The office shall have the following powers and duties:
(1) To administer the programs relative to Louisiana Indians.
(2) To collect facts and statistics and conduct special studies of conditions pertaining to the employment, health, education, financial status, recreation, social adjustment, or other conditions affecting the welfare of the Indian people.
(3) To provide for a mutual exchange of ideas and information on national, state, and local levels.
(4) To make recommendations to the governor and to the legislature for needed improvements and additional resources to promote the welfare of the Indians in the state.
(5) To coordinate the services of all agencies in the state serving the Indians and to require reports from such state agencies and institutions.
(6) To serve as the official negotiating agent of the state upon which federally recognized tribes in the state of Louisiana may serve notice of any request to negotiate state tribal compacts.
(7) To make recommendations to the governor for the composition of the negotiating team for the state.
(8) To make recommendations regarding proposed compacts and submit them to the governor for his approval and signature.
(9) To prepare and submit an annual report to the legislature and to the governor.
(10) To adopt and promulgate rules and regulations that are deemed necessary to implement the provisions of this Chapter in accordance with the provisions of the Administrative Procedure Act.
Added by Acts 1980, No. 702, §2, eff. July 24, 1980; Acts 1987, No. 213, §1; Acts 1993, No. 275, §2, eff. July 1, 1993.
{{NOTE: SEE ACTS 1993, NO. 275, §3.}}
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2303. State/tribal compacts; authority of governor

RS 46:2303 - State/tribal compacts; authority of governor
The governor may enter into and sign state/tribal compacts with federally recognized tribes on behalf of the state.
Added by Acts 1980, No. 702, §2, eff. July 24, 1980. Amended by Acts 1982, No. 99, §1; Acts 1993, No. 275, §2, eff. July 1, 1993.
{{NOTE: SEE ACTS 1993, NO. 275, §3.}}
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2304. Tribal-State Class III gaming compact; notice prior to signing

RS 46:2304 - Tribal-State Class III gaming compact; notice prior to signing
A. Within fifteen days of the initiation or commencement of negotiations regarding a Tribal-State Class III gaming compact for an Indian casino at a specific location, the governor and the Indian tribe shall notify the parish governing authority and the legislative delegation where the proposed gaming facility is to be located and gaming is to be conducted and the parish governing authority and legislative delegation of each parish adjoining that parish. The notice required by this Section shall be made by certified mail.
B. For the purposes of this Section, the following terms shall have the following meanings:
(1) "Class III gaming" shall have the same meaning as set forth in 25 U.S.C 2703(8).
(2) "Indian tribe" shall have the same meaning as set forth in 25 U.S.C. 2703(5).
Acts 2004, No. 909, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2351. Definitions

RS 46:2351 - Definitions
As used in this Chapter, the following definitions apply:
(1) "Board" means the group of individuals named or appointed to inform and support the work of the Louisiana Commission for the Deaf pursuant to R.S. 46:2352.
(2) ''Commission'' means the Louisiana Commission for the Deaf.
(3) "Deaf" means a condition of or person with some or complete absence of auditory sensitivity, regardless of when the hearing loss occurred, and is most often represented with a lowercase letter "d". Methods of communication may include American Sign Language or spoken English. The term "Deaf", when written or expressed with an uppercase letter "D", specifically refers to a group of deaf individuals who identify as a cultural and linguistic minority with specific languages, namely visual or tactile methods of communication, and social mores.
(4) "DeafBlind" means a condition of or person with concomitant visual and auditory sensitivity to the extent that it causes extreme difficulty in gaining independence in daily life activities, achieving psychosocial adjustments, or obtaining a vocation.
(5) "Department" means the Louisiana Department of Health.
(6) "Hard of hearing" means a condition of or person with total or partial inability to hear sound, but not to the extent that the person must rely primarily on visual communication.
(7) "Hearing" means any person who has average to above hearing levels.
(8) "Interpreter" means an individual involved in the process of interpreting or transliterating between the English language and American Sign Language or any communication modes used by d/Deaf, DeafBlind, or hard of hearing persons. Communication modes may include but are not limited to cued speech and tactile sign.
(9) "Secretary" means the secretary of Louisiana Department of Health.
Acts 2022, No. 128, §1.
NOTE: Former R.S. 46:2351 redesignated as R.S. 46:2352 by Acts 2022, No. 128, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2354. Employees

RS 46:2354 - Employees
The secretary of the Louisiana Department of Health shall employ a director who shall be the executive officer of the commission. The secretary shall consider the recommendations of the board in the hiring and termination processes of the director. The director shall be a trained professional, having experience with d/Deaf, DeafBlind, or hard of hearing individuals, and skilled in the use of American Sign Language or other commonly used methods of communication. The director may be either a deaf person or a hearing person, but preference shall be given to a deaf person. The secretary of the Louisiana Department of Health shall employ any other employees necessary to carry out the provisions of this Chapter.
Added by Acts 1980, No. 629, §2. Acts 1995, No. 924, §1; Acts 2010, No. 939, §8, eff. July 1, 2010; Acts 2022, No. 128, §1; Redesignated from R.S. 46:2353.
NOTE: Former R.S. 46:2354 redesignated as R.S. 46:2355 by Acts 2022, No. 128, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2355. Funds

RS 46:2355 - Funds
The commission may receive monies from any source, including federal funds, grants, and gifts, which shall be expended for the purposes designated in this Chapter. Immediately upon receipt, the secretary of the Louisiana Department of Health shall remit revenues collected to the treasurer. 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 Telecommunications for the Deaf Fund the monies remitted by the secretary for the administration of programming of the commission in accordance with R.S. 47:1061.
Added by Acts 1980, No. 629, §2; Acts 2022, No. 128, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2361. Purpose

RS 46:2361 - Purpose
It is the policy of this state to secure the rights of persons with hearing loss who cannot readily understand or communicate in spoken languages and who consequently cannot equally participate in or benefit from proceedings, programs, and activities of the courts, legislative bodies, administrative agencies, licensing commissions, departments, and boards of the state and its subdivisions unless qualified interpreters/transliterators are available to facilitate communication.
Added by Acts 1982, No. 135, §1; Acts 2017, No. 146, §11.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2362. Definitions

RS 46:2362 - Definitions
As used in this Chapter:
(1) "Appointing authority" means the presiding officer or similar official of any court, board, commission, authority, department, agency, legislative body or of any proceeding of any nature where a qualified interpreter/transliterator is required pursuant to this Chapter.
(2) "Intermediary interpreter/transliterator" means any person, including any person who is deaf or hard of hearing, who is able to assist in providing an accurate interpretation between spoken English and sign language or between variants of sign language by acting as an intermediary between a person who is deaf or hard of hearing and a qualified interpreter/transliterator. The intermediary interpreter/transliterator may be needed for non-manual persons who are deaf or hard of hearing and shall be provided.
(3) "Interpreter/transliterator" means a facilitator of communication among persons with hearing and persons who are deaf or hard of hearing as provided in R.S. 46:2365 and 2368.
(4) A "person who is deaf or hard of hearing" means a person who, because of hearing loss, has difficulty understanding the communication occurring.
(5) "Qualified interpreter/transliterator" means any person certified by the Registry of Interpreters for the Deaf, or in the event an interpreter/transliterator so certified is not available, one whose qualifications are such that he is able to accurately communicate with and convey information to and from the person who is deaf or hard of hearing.
(6) "Quasi-judicial proceeding" means any proceeding of a public administrative office or body which is required to investigate facts, ascertain the existence of facts, hold hearings, and draw conclusions from them as a basis for their official action, and to exercise discretion of a judicial nature.
Added by Acts 1982, No. 135, §1; Acts 2017, No. 146, §11.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2363. Waiver

RS 46:2363 - Waiver
The right of a person who is deaf or hard of hearing to the services of an interpreter/transliterator may not be waived except by a person who is deaf or hard of hearing who requests a waiver. The failure of the person who is deaf or hard of hearing to request the services of an interpreter/transliterator is not deemed a waiver of that right.
Added by Acts 1982, No. 135, §1; Acts 2017, No. 146, §11.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2365. Determination of interpreter's/transliterator's qualifications

RS 46:2365 - Determination of interpreter's/transliterator's qualifications
A. Before appointing an interpreter/transliterator, the appointing authority shall make a preliminary determination based on the needs of the person who is deaf or hard of hearing and upon the recommendation of the Louisiana Commission for the Deaf. If the interpreter/transliterator is not able to facilitate effective communication with the person who is deaf or hard of hearing, the appointing authority shall provide another qualified interpreter/transliterator.
B. Upon request of the person for whom the interpreter/transliterator is appointed, or on the appointing authority's own motion, an interpreter/transliterator may be removed for the inability to communicate with the person who is deaf or hard of hearing, or if, for reasonable cause, another interpreter/transliterator is so desired by the person who is deaf or hard of hearing for whom the interpreter/transliterator is serving.
Added by Acts 1982, No. 135, §1; Acts 2017, No. 146, §11.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2366. Intermediary interpreter/transliterator to be used

RS 46:2366 - Intermediary interpreter/transliterator to be used
If a qualified interpreter/transliterator is unable to render a satisfactory interpretation/transliteration without the aid of an intermediary interpreter/transliterator, the appointing authority shall appoint and pay for an intermediary interpreter/transliterator to assist the qualified interpreter/transliterator, subject to the same provisions that govern a qualified interpreter/transliterator under this Chapter.
Added by Acts 1982, No. 135, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2367. Interpreter/transliterator in full view

RS 46:2367 - Interpreter/transliterator in full view
Whenever an interpreter/transliterator is required to be appointed under this Chapter, the appointing authority shall not commence proceedings until the appointed interpreter/transliterator is in full view of and spatially situated to assure effective communication with the deaf or hard of hearing participant.
Added by Acts 1982, No. 135, §1; Acts 2017, No. 146, §11.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2368. Coordination of interpreter/transliterator requests

RS 46:2368 - Coordination of interpreter/transliterator requests
A. The Louisiana Commission for the Deaf shall establish, maintain, update, and distribute a list of qualified interpreters/transliterators. The commission shall obtain the names of interpreters for this list from the Louisiana Registry of Interpreters for the Deaf and other appropriate sources, such as National Registry of Interpreters for the Deaf, Louisiana School for the Deaf, and Louisiana Association of the Deaf.
B. Whenever an interpreter/transliterator is required pursuant to this Chapter, the appointing authority shall use one of the interpreters/transliterators on the Louisiana Commission for the Deaf list. If none of the listed interpreters/transliterators is available or is able to provide effective communication with the particular person who is deaf or hard of hearing, then the appointing authority shall appoint any other person who is able to accurately communicate with and convey information to and from the particular person involved who is deaf or hard of hearing.
Added by Acts 1982, No. 135, §1; Acts 2017, No. 146, §11.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2369. Oath of interpreter

RS 46:2369 - Oath of interpreter
Before he begins to interpret or transliterate, every interpreter/transliterator appointed under this Chapter shall take an oath that he will make a true interpretation/transliteration in an understandable manner to the best of his skills and judgment.
Added by Acts 1982, No. 135, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2370. Compensation

RS 46:2370 - Compensation
An interpreter/transliterator appointed under this Chapter is entitled to a reasonable fee for his services, including waiting time and reimbursement for necessary travel and subsistence expenses. The Louisiana Commission for the Deaf may pay the fee for such services which shall be based on the fee schedule for interpreters/transliterators established by the commission, however, in any judicial proceeding the fee shall be fixed by the court. Reimbursement for necessary travel and subsistence expenses shall be at rates provided by law for state employees generally.
Added by Acts 1982, No. 135, §1; Acts 1985, No. 1021, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2371. Privileged communications

RS 46:2371 - Privileged communications
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.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2372. Visual recording

RS 46:2372 - Visual recording
The appointing authority, on his own motion or on the motion of a party to the proceedings, may order that the testimony of the person who is deaf or hard of hearing and the interpretation/transliteration thereof be electronically or visually recorded for use in verification of the official transcript of the proceedings.
Added by Acts 1982, No. 135, §1; Acts 2017, No. 146, §11.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2401. Purpose; short title

RS 46:2401 - Purpose; short title
A. The legislature hereby declares that the increasing incidence of child abuse and its attendant human and financial cost to the citizens of Louisiana require that the prevention of child abuse and neglect be identified as a priority within the juvenile service system of this state. It is the intent of the legislature that a comprehensive approach to the prevention of child abuse and neglect be developed for the state, and that this planned, comprehensive approach be used as a basis for funding of programs and services for the prevention of child abuse and neglect statewide.
B. This Chapter may be cited as the "Children's Trust Dedicated Fund Account Act".
Acts 1987, No. 932, §1, eff. July 20, 1987; Acts 2021, No. 114, §18, eff. July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2402. Definitions

RS 46:2402 - Definitions
Except where the context clearly indicates otherwise, in this Chapter:
(1) "Account" means the Louisiana Children's Trust Dedicated Fund Account established by R.S. 46:2403.
(2) "Board" means the Louisiana Children's Trust Fund Board.
(3) "Cabinet" means the Children's Cabinet, as provided for in R.S. 46:2601 et seq.
(4) "Child abuse prevention" means services and programs funded through the Children's Trust Dedicated Fund Account which are designed to prevent the occurrence or recurrence of child abuse and neglect as defined in Children's Code Article 603. Except for those provided in this Chapter and except for the purpose of planning and coordination pursuant to the provisions of this Chapter, the services and programs of the Department of Children and Family Services which are mandated by state law or state appropriation, or which are required for receipt of federal funds, shall not be subject to the provisions of this Chapter.
(5) "Director" means the executive director of the Louisiana Children's Trust Fund Board.
(6) "Office" means the office of the governor.
(7) "Primary prevention" means programs and services designed to promote the general welfare of children and families.
(8) "Secondary prevention" means the identification of children who are in circumstances where there is a high risk that abuse will occur and assistance is necessary and appropriate to prevent abuse and neglect from occurring.
(9) "Tertiary prevention" means those services provided after abuse or neglect has occurred which are designed to prevent the recurrence of abuse or neglect.
Acts 1987, No. 932, §1, eff. July 20, 1987; Acts 2013, No. 220, §20, eff. June 11, 2013; Acts 2014, No. 791, §17; Acts 2017, No. 237, §2; Acts 2018, No. 206, §5; Acts 2021, No. 114, §18, eff. July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2405. Louisiana Children's Trust Fund Board; staff; duties

RS 46:2405 - Louisiana Children's Trust Fund Board; staff; duties
A. The board, with the approval of the executive director of the Children's Cabinet, shall appoint an executive director for the board who shall be in the unclassified service and who shall report to the executive director of the Children's Cabinet.
B. Repealed by Acts 2017, No. 237, §3.
C. The executive director of the board shall perform duties and functions as required by the board and under the direction of the executive director of the cabinet.
Acts 1987, No. 932, §1, eff. July 20, 1987; Acts 2013, No. 220, §20, eff. June 11, 2013; Acts 2017, No. 237, §§2, 3.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2406. Comprehensive state plan for child abuse prevention

RS 46:2406 - Comprehensive state plan for child abuse prevention
A. The board shall make recommendations to the cabinet regarding the comprehensive state plan for child abuse prevention programs.
B. The cabinet shall transmit the comprehensive state plan for child abuse prevention programs funded through the Children's Trust Dedicated Fund Account to the governor, the president of the Senate, and the speaker of the House of Representatives every five years beginning on January 1, 2018, and shall review the plan for necessary changes annually.
C. The plan shall include but not be limited to the following:
(1) An analysis of service and program needs.
(2) Specific proposals for plan implementation, including efficient use of the Children's Trust Dedicated Fund Account staff, funds, and resources on the state level and improvement in the coordination and integration of state goals, activities, and funds for programs for child abuse prevention.
D. The board shall recommend rules to the cabinet that establish procedures for preparation and adoption of the plan.
E. Prior to adoption of the state plan, the cabinet shall submit the plan it proposes to adopt to the Senate and House committees on health and welfare for approval as provided in R.S. 49:966. The comprehensive state plan shall be subject to approval as provided in R.S. 49:966.
F. The board shall review the state plan at least biennially and make recommendations to the cabinet regarding any needed revision.
G. The Department of Children and Family Services, the Department of Public Safety and Corrections, and the Department of Education shall participate and cooperate in the development of the state plan as deemed necessary by the cabinet.
Acts 1987, No. 932, §1, eff. July 20, 1987; Acts 2017, No. 237, §2; Acts 2021, No. 114, §18, eff. July 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2407. Funding of Children's Trust Dedicated Fund Account programs

RS 46:2407 - Funding of Children's Trust Dedicated Fund Account programs
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.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2411. Definitions

RS 46:2411 - Definitions
Except where the context clearly indicates otherwise in this Chapter:
(1) "Court" means any court which is exercising juvenile jurisdiction pursuant to the Constitution of Louisiana and the Children's Code. If any court is comprised of separate divisions or sections, each such division or section shall be deemed a court for the purposes of this Chapter. Where applicable, "court" shall refer to the particular court which exercises juvenile jurisdiction over the child whose case is to be reviewed.
(2) "Department" means the Department of Children and Family Services.
(3) "Foster care" means the provision of temporary twenty-four hour care for a child for a planned period of time, when the child is placed away from his parents or other person acting as his parent, and when the child is placed in a foster family home, group home, or other child caring facility, but remains under the supervision of the department.
(4) "Mature child" means a child who is able to understand the circumstances and implications of the situation in which he is involved and is able to participate in the decision-making process without excessive anxiety or fear. A child who is fourteen years of age or older is presumed to be a mature child.
(5) "Parent" means the biological or adoptive parent whose parental rights toward the child have not been terminated.
(6) "Records" means any information in written form, pictures, photographs, charts, graphs, recordings, or documents pertaining to the case being reviewed.
Added by Acts 1983, No. 610, §1, eff. July 1, 1984; Acts 2021, No. 158, §6.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2412. Local foster care review boards; creation; appointment

RS 46:2412 - Local foster care review boards; creation; appointment
In each judicial district there shall be created at least one local citizen review board for every one hundred children referred to in R.S. 46:2417. Each such local citizen review board shall be composed of five members appointed by the court. The court may authorize the creation of additional local citizen review boards as needed.
Added by Acts 1983, No. 610, §1; eff. July 1, 1984.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2413. Guidelines for appointment; terms; removal of members; chairman and vice-chairman; place and frequency of meetings

RS 46:2413 - Guidelines for appointment; terms; removal of members; chairman and vice-chairman; place and frequency of meetings
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.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2414. Compensation; support services

RS 46:2414 - Compensation; support services
A. Members of local citizen review boards shall receive compensation only for mileage costs and to the extent that the legislature appropriates funds for such costs.
B. Secretarial and support services for each local citizen review board shall be provided by the staff of the state citizen review board.
Added by Acts 1983, No. 610, §1; eff. July 1, 1984.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2415. Training of local citizen review boards

RS 46:2415 - Training of local citizen review boards
A. Prior to reviewing cases pursuant to R.S. 46:2420, all persons appointed to serve as local citizen review board members shall participate in a training program established and approved by the state citizen review board or its staff. Each local citizen review board member shall receive at least eight hours of initial training, to be followed by at least eight hours of training for each year thereafter.
B. Training shall be made available to each local citizen review board member within thirty days of the member's appointment.
Added by Acts 1983, No. 610, §1; eff. July 1, 1984.