reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:231.6. Termination of eligibility; twenty-four-month limit; refusal of employment

RS 46:231.6 - Termination of eligibility; twenty-four-month limit; refusal of employment
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D, E. Repealed by Acts 2013, No. 285, §2, eff.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.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:231.12. Employment, education, and related services for FITAP participants; responsibilities of the secretary, agencies, and participants

RS 46:231.12 - Employment, education, and related services for FITAP participants; responsibilities of the secretary, agencies, and participants
A.(1) The department shall develop and implement STEP as the employment program for work-eligible recipients of cash assistance in accordance with the provisions of the Federal Welfare Reform Act. The Louisiana Workforce Commission may collaborate with the department to identify and coordinate employment services for the program.
(2) The employment services provided for in this Subsection may be delivered pursuant to performance-based contracts between the department and the Louisiana Workforce Commission, other government agencies, or any community partner. The services may include but shall not be limited to the following:
(a) Job readiness, job preparation, and job search.
(b) Workplace literacy and related assessments.
(c) Applicable skill-based training, employer-based training, and other employment activities designed to meet the needs of Louisiana employers with a preference towards demand occupations.
(d) Temporary and permanent job placements.
(e) Subsidized employment services.
(f) On-the-job training.
B. In order to receive cash assistance, an applicant who is work-eligible as defined in R.S. 46:231 shall fulfill each requirement set forth in his Family Success Agreement and shall participate in the employment program provided for in Subsection A of this Section.
C. Prior to receipt of cash assistance, a work-eligible participant shall be notified in writing of program expectations and participant responsibilities. When possible, notification may be delivered via e-mail or other electronic means, and notification delivered in this manner shall be deemed to satisfy the written notification requirement established in this Subsection.
D. Within the limits of appropriation therefor, the secretary shall establish and administer STEP, which shall include the allowable work activities as provided in the Federal Welfare Reform Act, for work-eligible recipients of FITAP.
E. Subject to appropriation, the department may provide support services and transitional services to facilitate progress by FITAP recipients toward self-sufficiency and sustainable employment.
F. The secretary shall promulgate in accordance with the Administrative Procedure Act any rules necessary to implement the provisions of this Section.
G. Repealed by Acts 2021, No. 209, §2, eff. June 11, 2021.
Acts 2013, No. 285, §1, eff. June 14, 2013; Acts 2021, No. 209, §§1, 2, eff. June 11, 2021.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:231.13. Retailer fees for access to cash assistance benefits

RS 46:231.13 - Retailer fees for access to cash assistance benefits
Retailers participating in the cash assistance electronic benefits transfer system are not prohibited from charging or assessing a fee against cash assistance recipients who are accessing benefits for the sole purpose of obtaining cash. Such fee shall not exceed the retailer's normal and customary check cashing fee assessed against the general public. Retailers shall not establish maximum limits for recipient access to cash assistance benefits.
Acts 1997, No. 1155, §1, eff. July 1, 1997.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:232. Investigations and reports

RS 46:232 - Investigations and reports
A. If any person has knowledge that any dependent child is dependent upon the public for support, or that the interest of the public requires that the child be granted aid, the person may bring the fact to the notice of the parish office of the Department of Children and Family Services of the parish in which the child resides, which department shall make an investigation and examination of the circumstances of the child before the granting of aid.
B. A report of the investigation, examination, and visit shall be made in writing and become a part of the record in the case.
Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:233. Eligibility for assistance; amount and conditions of aid

RS 46:233 - Eligibility for assistance; amount and conditions of aid
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.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:233.1. Recovery of overpayments

RS 46:233.1 - Recovery of overpayments
A. The department shall establish procedures to accomplish the requirements of this Section in accordance with the Louisiana Administrative Procedure Act.
B. The department will promptly take all necessary steps to correct any overpayment, including collection, or underpayment of assistance under the state public assistance program, and, in the case of:
(1) An overpayment to or on behalf of an individual who is a current recipient of such assistance, including a current recipient whose overpayment occurred during a prior period of eligibility, recovery shall be made by repayment by the individual or by reducing the amount of any future assistance payable to or on behalf of the family of which he is a member.
(2) An overpayment to or on behalf of any individual who is no longer receiving assistance, recovery may be made by appropriate action against the income or resources of the individual or the family.
C. The department shall promptly take all necessary steps to correct any overpayment, including collection, or underpayment of child support to individuals to whom the department is providing services pursuant to R.S. 46:236.1.1 et seq., and, in the case of:
(1) An overpayment to an individual who is currently receiving services, including any individual whose overpayment occurred during a prior period of services, recovery shall be made by repayment by the individual or by reducing the amount of any future child support payable to the family of which he is a member.
(2) An overpayment to any individual who is no longer receiving services, recovery may be made by appropriate action against the income or resources of the individual or the family.
D. The department will promptly take all necessary steps to correct any overpayment, including collection, or underpayment of child care assistance provided under the Child Care and Development Block Grant and in the case of:
(1) An overpayment to or on behalf of an individual who is a current recipient of child care assistance, including a current recipient whose overpayment occurred during a prior period of eligibility, recovery will be made by repayment by the individual or provider who is at fault or by reducing the amount of any future child care assistance payable to or on behalf of the family of which the recipient at fault is a member or on behalf of the provider at fault.
(2) An overpayment to or on behalf of any individual who is no longer receiving child care assistance, recovery may be made by appropriate action against the income or resources of the individual at fault or his or her family, or if the provider of services is at fault, against the provider of services.
Acts 1997, No. 1155, §1, eff. July 1, 1997.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:233.3. Individuals convicted of certain felonies; eligibility for assistance

RS 46:233.3 - Individuals convicted of certain felonies; eligibility for assistance
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.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:234. Judicially appointed curator

RS 46:234 - Judicially appointed curator
In lieu of selecting a payee to receive assistance, the Department of Children and Family Services, pursuant to federal regulations, may require the referral of the case to the district court for a judicially appointed curator. The court is authorized to appoint a capable, interested, and willing third person, irrespective of whether he is related to the child within any of the degrees of relationship set forth in Section 406(a) of Title IV of the Social Security Act, to receive the payments and use them in the best interest of the child. The curator shall be accountable at whatever intervals are specified by the court and the court shall require a bond or whatever other security is deemed necessary by the court to ensure the faithful performance of the curator's duties. The curator, upon being appointed, shall take the oath and letters of authority may be issued to him. In those instances in which the department requires the case be referred to the court for the appointment of a curator, each local governing authority shall have the option in any case to provide compensation to the curator.
Acts 1962, No. 28, §2. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:234.1. Disposition of undeliverable assistance checks

RS 46:234.1 - Disposition of undeliverable assistance checks
Assistance checks representing bonus amounts paid pursuant to 42 U.S.C. 657 and such checks representing refunds paid pursuant to 42 U.S.C. 657 in those cases in which the payee of such checks cannot be found, shall revert to the state and federal treasuries in proportion to the rate of state-federal match applicable to the assistance program. Such amounts will revert to the government only after sixty days have elapsed since the date such checks became invalid and a diligent search by the agency administering the assistance program has failed to ascertain the whereabouts of the payee.
Added by Acts 1978, No. 553, §1, eff. July 12, 1978; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:234.2. Receipt of assistance payments

RS 46:234.2 - Receipt of assistance payments
All assistance payments for aid for dependent children shall be mailed so as to reasonably assure that they will be received on the date due. If the due date falls on a weekend or a holiday, then the assistance payment shall be mailed so as to reasonably assure its receipt on the last regular banking date immediately preceding the due date.
Added by Acts 1981, No. 571, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:236. Administration of emergency assistance to needy families with children

RS 46:236 - 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, 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.
Added by Acts 1974, No. 655, §1. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:236.1. Redesignated as R.S. 46:301 by Acts 2014, No. 533, §2(B) and Acts 2014, No. 622, §2(B), eff. Aug. 1, 2014.

RS 46:236.1 - Redesignated as R.S. 46:301 by Acts 2014, No. 533, §2(B) and Acts 2014, No. 622, §2(B), eff. Aug. 1, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:236.1.3. Family and child support programs; authority of the secretary

RS 46:236.1.3 - Family and child support programs; authority of the secretary
A. The secretary of the department shall have the authority to promulgate rules and regulations and take such action as may be necessary to carry out the provisions of R.S. 46:236.1.2(A), provided that such rules and regulations and action are consistent with and in conformity with the provisions of Title IV-D and Title IV-A of the Social Security Act, as amended.
B. The secretary of the department may secure information from criminal records, including those of the Louisiana Bureau of Criminal Identification and Information, records of the Department of Public Safety and Corrections, records of the Department of Revenue, and records under the Louisiana Employment Security Law, which may be necessary to carry out the provisions of R.S. 46:236.1.2(A), and shall have access to any system used by the state for purposes relating to motor vehicles or law enforcement, to carry out the provisions of R.S. 46:236.1.2(A).
C. In addition, the secretary shall utilize other records, not otherwise confidential, and may secure information from other records or sources which may be specifically required to be utilized by the provisions of Title IV-D and Title IV-A of the Social Security Act, as amended, and the regulations promulgated thereunder.
D. Upon request of the secretary of the department or his designee, all departments, boards, bureaus, and agencies of the state shall provide to the department any information which may be necessary to carry out the provisions of R.S. 46:236.1.2(A), including but not limited to the address and social security number of the person designated by the department as an absent parent. In addition, upon the request of the secretary of the department or his designee, any private employer or payor of any income to a person designated by the department as an absent parent shall provide to the department verification of employment or payment and the address and social security number of the person so designated. All such records and information secured shall be confidential and shall not be used for any purposes other than those specified by this Subpart.
Acts 2003, No. 1068, §2, eff. July 2, 2003.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:236.1.6. Family and child support programs; records

RS 46:236.1.6 - Family and child support programs; records
All proceedings brought to establish filiation against an alleged biological parent pursuant to R.S. 9:396(B) shall not be open to inspection except on written authorization by the court, and there shall be no publication thereof. Such written authorization shall be granted only upon a showing of compelling reasons. In satisfying the requirement that information shall be revealed only to the extent necessary to satisfy such compelling reasons shown, the court is authorized to use the services of a curator ad hoc appointed pursuant to Code of Civil Procedure Article 5091.2. The court may punish for contempt anyone violating the provisions of this Subpart. All records obtained in connection herewith shall be retained in confidential files, and it shall be unlawful, except in purposes directly connected with the department's responsibilities established in this Subpart, to disclose any information concerning any individual case. Any person who violates the foregoing provision shall be fined not more than five hundred dollars or imprisoned for not more than ninety days, or both.
Acts 2003, No. 1068, §2, eff. July 2, 2003.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:236.1.7. Family and child support programs; liability

RS 46:236.1.7 - Family and child support programs; liability
A. The district attorney, department, and their respective staff acting pursuant to this Subpart and R.S. 9:396(B) shall be immune from civil liability that otherwise might be incurred or imposed. Such immunity shall extend to participation in any judicial proceeding resulting from any actions under this Subpart but shall not limit or otherwise affect the liability of any person for damages resulting from such person's gross negligence or from his reckless, wanton, or intentional misconduct.
B. Any attorney initiating legal proceedings pursuant to this Subpart and Titles IV-D and IV-A of the Social Security Act shall represent the state of Louisiana, Department of Children and Family Services exclusively. An attorney-client relationship shall not exist between the attorney and any applicant or recipient of child support enforcement services for and on behalf of a child or children, without regard to the name in which legal proceedings are initiated. In those cases in which the Department of Children and Family Services is providing child support services, the attorney representing the department shall not represent any party in matters involving custody or visitation. The provisions of this Subsection shall apply to a staff attorney in the child support enforcement section of the Department of Children and Family Services, district attorney, or contract attorney providing support services pursuant to Title IV-D.
C. In the course of carrying out the provisions of this Subpart, no employees of the state shall be exempt from civil liability.
Acts 2003, No. 1068, §2, eff. July 2, 2003; Acts 2012, No. 255, §7.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:236.1.8. Family and child support programs; additional authorized employee actions

RS 46:236.1.8 - Family and child support programs; additional authorized employee actions
A. In cases in which the person responsible for the support of an individual agrees to support such individual, the department through the SES administrator may enter into a written agreement with that person to secure support for the individual. Such agreement shall designate the department as payee, may be enforced as an ordinary contract, and may provide for the legal rate of interest on any amounts due and not paid.
B. For purposes of initiating prosecutions under R.S. 14:74 for criminal neglect of family, the support enforcement officer handling a given support case may execute an affidavit alleging that offense pursuant to Code of Criminal Procedure Article 385, provided that the individual or his caretaker refuses to initiate such prosecution.
C. No department employee shall supervise or provide services to an individual as provided in R.S. 46:236.1.2(B) until the department has received an application for support services in that case and has received any application fee assessed.
D. The support services authorized by this Subpart shall be provided by the office of children and family services, child support enforcement section. Field officers responsible for supplying these services shall be designated by the secretary. Such officers shall have the power and authority to make arrests, supervise the probation of offenders, serve notices, orders, subpoenas, summonses, citations, motions, and writs, and to execute all warrants and orders and to perform any other duties incident to their office. All such officers are hereby authorized to carry weapons and arms, concealed or openly, while in the actual performance of any duty or while under assignment to any duty, but under no circumstances shall officers be authorized to carry weapons unless they have been trained in the proper carrying and use of firearms by a recognized firearm training program.
E. In addition, department support personnel shall possess full notarial powers in connection with any document required in the course of providing services authorized by this Subpart, including but not limited to documents required under the Uniform Interstate Family Support Act (1996), Children's Code Articles 1301 et seq., and any documents necessary to secure warrants for criminal neglect of family (R.S. 14:74 et seq., and Children's Code Articles 1351 et seq.). Any documents passed, acknowledged, or sworn to and subscribed before department support personnel pursuant to this Subsection shall have the same force and effect as if taken before a duly commissioned notary public. Support enforcement personnel employed by a district attorney's office providing support services pursuant to Title IV-D shall possess these same powers except the supervision of probationers.
Acts 2003, No. 1068, §2, eff. July 2, 2003; Acts 2006, No. 516, §1, eff. June 22, 2006; Acts 2012, No. 66, §1; Acts 2012, No. 255, §7.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:236.1.9. Family and child support programs; duties; courts; agencies; party status

RS 46:236.1.9 - Family and child support programs; duties; courts; agencies; party status
A. The agencies, courts, and persons in Louisiana carrying out provisions of this Subpart and of Title IV-D of the Social Security Act and related portions of Title IV-A of such Act shall have the affirmative responsibility to act in the best interest of the individual on whose behalf action is taken.
B. Any court that collects child support pursuant to state laws and regulations shall forward that portion of the collections due to the Department of Children and Family Services within two days of receipt.
C.(1) In any proceeding concerning paternity, a support obligation, or arrearages owed the department shall be an indispensable party when providing support enforcement services on behalf of a child involved in the proceeding.
(2) A party shall not commence an action, file a pleading, or submit a written stipulation to the court without complying with Paragraph (3) of this Subsection, if the purpose or effect of the action, pleading, or stipulation is to accomplish any of the following:
(a) Establish, disavow, or contest paternity.
(b) Establish, modify, or terminate a support obligation.
(c) Change the court-ordered manner of payment of support.
(d) Enforce support or arrears due or owing.
(3)(a)(i) When taking an action described in Paragraph (2) of this Subsection, a party shall certify in the initial pleading whether support enforcement services are being provided on behalf of a child who is a subject of the action, pleading, or stipulation.
(ii) If support enforcement services are being provided, the party shall have a copy of the pleading or stipulation served on the department.
(b) Any party who knows, or with the exercise of due diligence should know, that a child is receiving support enforcement services during the pendency of an action pursuant to Paragraph (2) of this Subsection shall notify the court and the plaintiff shall provide the department with a copy of any hearing notice pertaining to a pending proceeding.
(c) If notice is not given in accordance with this Subsection, the department shall not be bound by any decision, judgment, or stipulation rendered in an action described in Paragraph (2) of this Subsection.
(4) "Support enforcement services" shall have the same meaning as provided in R.S. 46:236.1.1.
Acts 2003, No. 1068, §2, eff. July 2, 2003; Acts 2008, No. 532, §4; Acts 2021, No. 11, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:236.1.10. Family and child support programs; consumer reporting authority

RS 46:236.1.10 - Family and child support programs; consumer reporting authority
A. Any consumer reporting agency, as defined in R.S. 46:56(M)(2), shall provide a consumer report to the secretary or his designee, provided the department pays a fee to the consumer reporting agency and certifies all of the following:
(1) The consumer report is needed for the purpose of establishing an individual's capacity to make child support payments or for the determination of the appropriate level of such payments.
(2) The paternity of the individual for the child to which the obligation relates has been established or acknowledged by the individual in accordance with state law.
B. The consumer report shall be confidential and shall be used solely for the purpose described in Subsection A of this Section and shall not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.
Acts 2003, No. 1068, §2, eff. July 2, 2003; Acts 2016, No. 29, §1; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:236.11. Louisiana disbursement unit for child support payments

RS 46:236.11 - Louisiana disbursement unit for child support payments
A. The secretary of the Department of Children and Family Services shall create a state disbursement unit for collection and disbursement of child support.
B.(1) This unit shall collect and disburse child support payments in cases being enforced by the state pursuant to this Subpart and 42 U.S.C. 654(4), and all child support orders as provided in R.S. 9:303. All applicable payments shall be sent directly to such unit by employers and payers.
(2) The provisions of this Section shall apply to child support payments made through any court. Any such court may enter into a cooperative agreement with the secretary of the Department of Children and Family Services to authorize the department to collect those support payments and administrative costs collected and distributed by the court pursuant to R.S. 46:236.5(B). The department may retain an amount equal to the actual costs incurred in collecting and distributing the child support, including administrative costs. However, such amount shall not exceed one percent of the total amount collected for the court. The department shall distribute such amounts collected pursuant to this Subsection in accordance with federal regulations.
(3) The unit shall use automated procedures to the extent feasible to ensure efficient collection and disbursement of support payments.
(4) The unit shall distribute all collections within two business days after receipt from the employer or other source, if sufficient information identifying the payee is available except in cases where a timely appeal has been filed.
C. The Department of Children and Family Services support enforcement program, office of children and family services, shall administer the state disbursement unit. The support enforcement program may contract for the provision of these services in accordance with the applicable provisions of Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes of 1950 and the Louisiana Procurement Code.
Acts 1997, No. 1121, §2, eff. Oct. 1, 1998; Acts 1999, No. 562, §1, eff. Oct. 1, 1999; Acts 2014, No. 864, §§4 and 5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:236.11.1. Notice of payment

RS 46:236.11.1 - Notice of payment
A. When a court orders income to be withheld in accordance with R.S. 9:303 or R.S. 46:236.3, it shall order the income to be paid to the state disbursement unit within the department.
B. To redirect payments in accordance with R.S. 46:236.10, the department shall issue a notice to the obligor, obligee, and employer that income withheld for child support shall be paid to the state disbursement unit. A copy of the notice shall be filed with the court of continuing jurisdiction and the clerk of court shall file it in the appropriate case file.
C. The notice shall include all of the following:
(1) The name of the child and the name of the obligee.
(2) The caption and docket number of the case in which support is ordered.
(3) Instructions for the payment of support to the state disbursement unit.
D. The notice may be used by the department to redirect child support payments from the state disbursement unit of this state to the state disbursement unit of another state in accordance with 42 U.S.C. 654b.
Acts 2009, No. 241, §1; Acts 2010, No. 238, §4; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:236.11.2. Deposit, distribution, and issuance of payments

RS 46:236.11.2 - Deposit, distribution, and issuance of payments
A. No later than the second business day after the date the state disbursement unit receives a child support payment, it shall distribute the payment to the department or the obligee.
B. The state disbursement unit shall deposit daily, in a trust fund with the state treasurer, all child support payments received. In agreement with the state treasurer, the unit may issue checks from the trust fund.
Acts 2009, No. 241, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:236.11.3. Official child support payment record

RS 46:236.11.3 - Official child support payment record
A. The record of child support payments previously maintained by an obligee is the official record of a payment received directly by the obligee.
B. The record of child support payments maintained by the state disbursement unit is the official record of a payment received directly by the unit.
C. Upon the redirection of child support payments from an obligee to the state disbursement unit, an obligee may combine his records and a record of payments furnished by the unit to present a complete payment record to the court.
D. If the obligee does not add payments received by the state disbursement unit to the record maintained by the registry as provided by Subsection C of this Section, the official record of child support payments shall consist of the record previously maintained by the obligee for payments received directly by the obligee and the record maintained by the state disbursement unit for payments received directly by the unit.
E. A certified child support payment record produced by the state disbursement unit shall be admissible as self-authenticating and shall be prima facie proof of such payments.
Acts 2009, No. 241, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:236.11.4. Administrative review of child support payment record

RS 46:236.11.4 - Administrative review of child support payment record
A. Upon request, the state disbursement unit shall provide to an obligor or obligee a copy of the record of child support payments maintained by the unit. The record shall include the amounts and dates of all payments received from or on behalf of the obligor and disbursed to the obligee.
B. An obligor or obligee may request that the department investigate any alleged discrepancy between the child support payment record provided by the unit and the payment records maintained by the requestor. The obligor or obligee shall provide documentation of any alleged discrepancy, including a canceled check or other evidence of a payment or disbursement.
C. The department shall respond to a request regarding a discrepancy no later than twenty days after receipt. If after an investigation the department determines that the child support payment record maintained by the unit is not accurate, the record shall immediately be amended and the requestor shall be notified.
Acts 2009, No. 241, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:236.12. Plan for parental participation of support; required work activities

RS 46:236.12 - Plan for parental participation of support; required work activities
A.(1) In addition to any provision of this Subpart, and particularly the provisions of R.S. 46:236.6 and 236.7, when an obligor owes past-due support with respect to a child receiving state assistance, the department or the district attorney may request that a court issue an order requiring the obligor to pay support in accordance with an approved plan for parental participation of support.
(2) If the obligor is not incapacitated or disabled, the plan for parental participation of support shall include a requirement that the obligor engage in a work activity.
B. For purposes of this Section:
(1) "Department" means the child support enforcement section, office of children and family services, Department of Children and Family Services.
(2) "Past-due support" means the amount of court-ordered support for the support and maintenance of a child which has not been paid in accordance with the terms and conditions of the support order.
(3) "Plan for parental participation of support" means a plan approved by the court for the payment of support by the obligor.
(4) "State assistance" means assistance under a state program funded under Title IV-A of the Social Security Act.
(5) "Work activity" means such activities, as defined in 42 U.S.C. 607(d), as the court deems appropriate.
Acts 1997, No. 464, §1; Acts 2012, No. 255, §7.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:236.13. Privilege on proceeds collected from third party in favor of the Department of Children and Family Services for executory child support arrears

RS 46:236.13 - Privilege on proceeds collected from third party in favor of the Department of Children and Family Services for executory child support arrears
A. The Department of Children and Family Services or its designee, as defined in R.S. 46:236.1.1 et seq., shall have a privilege for executory child support arrears on an amount payable to an injured person, his heirs, or legal representatives, out of the total amount of any recovery or sum had, collected, or to be collected, whether by judgment or by settlement or compromise, from another person on account of such injuries, and on the amount payable by any insurance company under any contract providing for indemnity or compensation to the injured person.
B.(1) The privilege created herein shall become effective against the noticed person if and when, prior to the payment of insurance proceeds, or to the payment of any judgment, settlement, or compromise on account of injuries, a written notice containing the name and address of the injured person named in a pending legal proceeding wherein compensation for injuries is claimed by the injured person is served on or is sent by the department, certified mail, return receipt requested, to any of the following:
(a) The injured person.
(b) His attorney.
(c) Third person alleged to be liable to the injured person for the injuries sustained.
(d) To any insurance carrier which has insured such third person against liability.
(e) To any insurance company obligated by contract to pay indemnity or compensation to the injured person.
(2) The written notice shall be accompanied by a certified copy of the executory judgment of child support arrears.
C. Any person who, having received notice in accordance with the provisions hereof, pays over any monies subject to the privilege created herein, to any injured person, or to the attorney, heirs, or legal representatives of any injured person, shall be liable to the department for the amount of the executory judgment of child support arrears and any costs incurred to pursue this privilege. The liability created under this privilege shall not exceed the amount paid to the injured person, or to the attorney, heirs, or legal representatives of the injured person. The privileges created herein shall be paid in the order in which the third party receives notice of said privilege.
D. If the department fails to comply with the provisions of this Section, the privilege created shall be dissolved and ineffective.
E. The remedy herein provided is in addition to any other remedy otherwise available to enforce a support order. 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 provision of law be delayed or denied because of the availability of this remedy.
Acts 1997, No. 996, §1; Acts 2003, No. 1068, §9, eff. July 2, 2003.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:236.16. Child support mortgage and privilege by affidavit; effect of filing

RS 46:236.16 - Child support mortgage and privilege by affidavit; effect of filing
A. The director of the child support enforcement section, office of children and family services, Department of Children and Family Services may cause a "Child Support Mortgage and Privilege by Affidavit of DCFS", as provided in R.S. 13:4291(B), to be recorded in the mortgage records of any parish in which the support obligor owns movable or immovable property, and with the office of the secretary of state for inclusion in the master index authorized under R.S. 10:9-519. Such affidavit when filed shall operate as a first lien, privilege, and legal mortgage on all of the movable and immovable property of the support obligor only from the date of such filing, and shall not affect liens, privileges, chattel mortgages, or security interests as provided in R.S. 10:9-101 et seq. or mortgages already affecting or burdening such property at the date of such filing. Such filing shall apply to all unpaid support obligations that may accrue after such filing, and the property of the support obligor shall be subject to seizure and sale for the payment of such support obligation and arrearages according to the preference and rank of the lien, privilege, security interest, and mortgage securing their payment. Notwithstanding any provision of this Subsection, such affidavit shall not operate as a lien, privilege, or legal mortgage on any licensed or titled motor vehicle.
B. The director of the child support enforcement section, office of children and family services, Department of Children and Family Services, or his designee, may release all or any portion of the property subject to any lien or judgment obtained pursuant to this Section from such lien or judgment, or may subordinate such lien or judgment to other liens and encumbrances if he determines that the support obligation and arrearages are sufficiently secured by a lien or judgment on other property or through other security, or that the release, partial release, or subordination of such lien or judgment will not endanger or jeopardize the collection of support obligations or arrearages.
Acts 1997, No. 1118, §2; Acts 2001, No. 128, §16, eff. July 1, 2001; Acts 2012, No. 255, §7.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:281. Applicability

RS 46:281 - Applicability
The provisions of this Subpart shall apply to persons who contract with the office of children and family services of the Department of Children and Family Services to provide temporary or long-term foster care for not more than six children.
Added by Acts 1978, No. 741, §1; H.C.R. 115, 2001 R.S.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:282. Investigation of foster and adoptive parent applicants

RS 46:282 - Investigation of foster and adoptive parent applicants
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.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:284. Confidentiality of records of investigation; penalty

RS 46:284 - Confidentiality of records of investigation; penalty
A. Any information derived from the investigation required by this Subpart, including the source of information, and any conclusions or recommendations based on the information shall be confidential, shall not be transmitted outside of the office of community services, and shall not be transmitted within that office except to the extent necessary for the purpose of evaluating the application. Such information shall be made available, upon request of the applicant, to the applicant or his designee, except as prohibited from disclosure by R.S. 46:56.
B. Whoever violates any provision of this Section shall be punished by imprisonment for not more than six months or a fine of not more than five hundred dollars, or both.
Added by Acts 1978, No. 741, §1. Acts 1995, No. 696, §1, eff. June 21, 1995.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:286. Foster home child care; reimbursement system; rules

RS 46:286 - Foster home child care; reimbursement system; rules
The Department of Children and Family Services shall establish a system for reimbursement of foster home child care costs based on the level of care for all foster children placed in foster homes providing temporary or long-term foster care for not more than six children receiving the services of the department. The department shall promulgate rules for implementation of the reimbursement system by January 1, 1995, but only if funds are made available by appropriation by the legislature, and shall submit such rules to the committees on health and welfare of the House of Representatives and the Senate in accordance with the Administrative Procedure Act. At a minimum, the department shall seek each year through the budgetary process funds sufficient to reimburse foster parents at a rate at least equal to the cost for child care as reported and published by the United States Department of Agriculture for the Southeastern United States.
Acts 1993, No. 848, §1; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:286.2. Children in foster care; identification card; photograph

RS 46:286.2 - Children in foster care; identification card; photograph
A. Except as provided in Subsection B of this Section, for a child placed into foster care, as defined in Children's Code Article 603, the Department of Children and Family Services shall obtain one of the following no later than ninety days after the placement of the child in the custody of the state:
(1) For a child age fourteen or older, a special identification card issued for the child pursuant to R.S. 40:1321.
(2) For a child younger than age fourteen or a child who does not qualify for a special identification card, a photograph of the child.
B. If the Department of Children and Family Services is unable to comply with the provisions of Subsection A of this Section due to the child's incarceration, elopement, physical or mental disability, or specialized placement where the child cannot be transported, or upon approval of the court, the department shall obtain the special identification card or photograph no later than ninety days from the date the condition preventing compliance ceases to exist.
Acts 2022, No. 120, §1, eff. May 25, 2022.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:286.12. Purpose

RS 46:286.12 - Purpose
Foster parents are recognized as primary care givers to abused and neglected children who have been removed from their homes of origin. The Department of Children and Family Services shall implement and promote the support of these rights through the policy and practice of the Department of Children and Family Services.
Acts 2006, No. 439, §1.