reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1906.2. Interdepartmental cooperation

RS 46:1906.2 - Interdepartmental cooperation
The Department of Public Safety and Corrections, Department of Children and Family Services, Louisiana Department of Health, Department of Education, and the Juvenile and Family Court Judges Association shall consult and cooperate to develop a plan for treatment and a continuum of care for children alleged to be or adjudicated delinquent or in need of care or supervision. The purposes of such consultation shall include the goal of early intervention by the components of the juvenile justice system to assist children in receiving proper treatment so that they will be less likely to re-enter the system.
Acts 1984, No. 567, §7, eff. Jan. 1, 1985; Acts 1985, No. 965, §1 and §2; Acts 1991, No. 467, §3; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1907. Runaway children; services, care, investigation by division

RS 46:1907 - Runaway children; services, care, investigation by division
A. The department, upon order of court, shall provide such services and pay for such costs with respect to runaway children from other states as may be required pursuant to the provisions of the Interstate Compact on Juveniles as provided in R.S. 46:1451 through R.S. 46:1458, both inclusive, or as may be authorized under this Section.
B. With respect to any child who has run away from home, the department shall provide for the establishment, directly or through grants to or contracts with public or private agencies and organizations, of a coordinated, inclusive system under which:
(1) Emergency temporary maintenance is provided for such child, and
(2) The department, upon order of a court, conducts a prompt investigation reporting its findings of the home situation of such child to the court of proper jurisdiction.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1907.1. Repealed by Acts 1984, No. 567, §9, eff. Jan. 1, 1985.

RS 46:1907.1 - Repealed by Acts 1984, No. 567, §9, eff. Jan. 1, 1985.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1909. Program planning, development, and evaluation

RS 46:1909 - Program planning, development, and evaluation
A. The department may collect and analyze data, initiate research, or review research otherwise conducted, and develop comprehensive plans and specific programs for preventing and reducing juvenile delinquency in the state. In this regard, the department may conduct studies and surveys involving delinquency prevention and treatment and make recommendations thereon to the secretary. In addition, the department shall evaluate the effectiveness of existing and proposed programs.
B. The department shall assist in developing community services and programs concerned with delinquency prevention, community-based treatment, and constructive communications with law enforcement agencies.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978. Acts 1984, No. 567, §2, eff. Jan. 1, 1985. Acts 1985, No. 965, §2; Acts 1991, No. 467, §3.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1910. Coordination of services

RS 46:1910 - Coordination of services
The department shall coordinate all services relating to the provisions of this Chapter and provide:
(1) Institutional services consisting of the management and operation of state institutions providing treatment for delinquents and children in need of supervision.
(2) Field services which shall include but not be limited to providing probation and parole services, and the development of residential treatment plans.
(3) Community services which shall include but not be limited to developing programs concerned with delinquency prevention, community-based treatment, and constructive communications with law enforcement agencies.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978. Acts 1986, No. 332, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1913. §§1913 to 1915 Repealed by Acts 1978, No. 786, §7, eff. July 17, 1978

RS 46:1913 - §§1913 to 1915 Repealed by Acts 1978, No. 786, §7, eff. July 17, 1978
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1917. Cooperation by other state departments and agencies

RS 46:1917 - Cooperation by other state departments and agencies
To effectuate the purposes of this Chapter, to achieve the most effective use and coordination of state programs relating to or affecting the prevention and treatment of juvenile delinquency, and to assure the maximum use of existing facilities, services, and personnel, it shall be the duty of all departments and agencies of the state government and of all officers and employees of the state, when and to the extent requested by the department, to cooperate with it in all its activities consistent with their proper functions.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1918. Information from other agencies

RS 46:1918 - Information from other agencies
The police and school authorities and other public officials and agencies shall, upon the request of the department, promptly make available to such department all pertinent information in their possession with respect to a child whose legal custody is placed in or who is under the supervision of the department pursuant to this Chapter or the provisions of R.S. 13:1561 through R.S. 13:1809, both inclusive.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1919. Reports by the department

RS 46:1919 - Reports by the department
The department shall:
(1) Make a full and complete report annually to the governor and the legislature with respect to its activities under this Chapter which shall include recommendation as to the necessary fiscal, administrative, or legislative measures needed for the prevention of juvenile delinquency and for the care and treatment of delinquent children.
(2) Take such action as is necessary and desirable to bring the contents of the report to the attention of the people of the state.
(3) Make such additional reports and recommendations to the governor and the legislature as they may from time to time request or as the department may deem warranted.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1921. Receipt of federal funds

RS 46:1921 - Receipt of federal funds
The secretary of the Department of Public Safety and Corrections shall, where consistent with the requirements of federal laws and regulations, enter into arrangements with the federal government for the receipt of federal funds to carry out the purposes of this Chapter. For the achievement of that objective, the department may enter into contracts and agreements with and submit such plans and reports to the federal government as may be required.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1984, No. 567, §2, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1988, No. 607, §2, eff. July 14, 1988.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1922. Making and maintaining written records

RS 46:1922 - Making and maintaining written records
The department shall cause to be made and maintained full and complete written records of all studies and examinations and of the conclusions and recommendations based thereon, and of all major decisions and orders concerning the disposition and treatment of every child with respect to whom the department provides, or arranges to have provided, care, treatment, and supervision pursuant to this Chapter.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1923. Restrictions on use of records

RS 46:1923 - Restrictions on use of records
A. With respect to any child for whom care and treatment services are either directly or indirectly provided by the department pursuant to this Chapter to a child alleged or found to be delinquent or in need of supervision, it shall be unlawful, except for purposes directly connected with the administration of this Chapter or upon the consent of such child or the attorney for such child, or upon the specific order of the court pursuant to the provisions of Code of Criminal Procedure Art. 875 and R.S. 13:1564 through R.S. 13:1724, both inclusive, for any individual agency, organization, or facility to knowingly solicit, disclose, receive, or make use of, or authorize, permit, participate in, or acquiesce in the use of any information in or derived from such child's legal, social, medical, or psychological records, or obtained, directly or indirectly, from the records, papers, files, or communication by or to the department or any individual, agency, organization, or facility utilized by the department for the provision of such care and treatment services for such child.
B. Nothing in this Section shall prohibit the interchange of records, reports, or any other information among the various offices of the department and among the various personnel thereof. Additionally, nothing in this Section shall prohibit any judge serving on a court with juvenile jurisdiction from access to all of the records of any child before that court.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1984, No. 567, §2, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1988, No. 607, §2, eff. July 14, 1988.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1924. §§1924, 1925 Repealed by Acts 1978, No. 786, §7, eff. July 17, 1978

RS 46:1924 - §§1924, 1925 Repealed by Acts 1978, No. 786, §7, eff. July 17, 1978
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1926. Delegation of authority

RS 46:1926 - Delegation of authority
All decisions authorized or required to be made by the department pursuant to the provisions of this Chapter, unless otherwise specifically limited in this Chapter, may be delegated by the secretary to any qualified employee of the department or, in appropriate cases, to the official in charge of a licensed residential child-caring facility or of a detention or shelter care facility.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 756, §6, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1931. Creation of multiparish juvenile detention homes

RS 46:1931 - Creation of multiparish juvenile detention homes
The governing authority of one or more parishes may create a multiparish juvenile detention home district whenever, by joint resolution, they shall deem it in the best interest of the parish or parishes involved.
Added by Acts 1974, No. 700, §1. Amended by Acts 1975, No. 426, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1932. Multiparish juvenile detention homes; designation

RS 46:1932 - Multiparish juvenile detention homes; designation
Each multiparish juvenile detention home shall be known by the name of the parish in which the home is domiciled, for example Ouachita Area Juvenile Detention Home; however, any such home created for the parishes of West Carroll, Richland, Franklin, East Carroll, Madison, Tensas, Concordia, and Catahoula, or any two or more of them, may adopt the name Northeast Louisiana Juvenile Detention Home.
Added by Acts 1974, No. 700, §1. Amended by Acts 1975, No. 426, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1933. Organization and powers

RS 46:1933 - Organization and powers
A. Each juvenile detention home district shall be a political corporation, with power to sue and be sued and shall be governed by a board of governors. A multiparish juvenile detention home shall be domiciled at the parish seat in one of the parishes which it serves, as designated by the board of governors. It shall be sued at its domicile and service of all legal documents shall be made on the president or secretary of the board of governors.
B. Any multiparish juvenile detention home district may acquire title by purchase or donation to immovable property for public purposes and may own, operate, or maintain facilities for the housing, care, supervision, maintenance, and education of juveniles under the age of eighteen years, and for individuals eighteen years of age and over who were under eighteen years of age when they committed an alleged offense.
Added by Acts 1974, No. 700, §1. Amended by Acts 1975, No. 426, §1; Acts 2019, No. 104, §4; Acts 2022, No. 271, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1934. Board of governors; membership; officers

RS 46:1934 - Board of governors; membership; officers
A. The board of governors shall be composed of:
(1) One citizen from each participating parish, appointed by the governing authority of that parish;
(2) One juvenile probation officer from the multiparish district, appointed by the secretary of the Louisiana Department of Health.
(3) The district judges of the participating parishes, who shall be ex officio, nonvoting members of the board.
B. The board of governors shall elect a president, a vice president, a secretary and a treasurer; however, the district judges shall not be eligible for said offices. The members of the board of governors who are appointed by the parish governing bodies shall be appointed to serve for a period of three years, except that with respect to the first board of governors, if composed of three or more members, approximately one-third of the members shall serve for one year, approximately one-third thereof shall serve for two years and approximately one-third thereof shall serve for three years, so that the terms of the board members shall be overlapping. The governing authorities of the participating parishes shall determine which of the members shall serve initially for one, two, and three years. The probation officer shall be appointed for a term of three years, provided that he remains a juvenile probation officer in the employ of the Louisiana Department of Health. The district judges shall hold office during their respective terms of office.
C. The members of the board of governors shall be paid the same mileage and per diem in going to and returning from any regular or special meeting as is now paid to the members of the governing authorities of the parishes within the multiparish juvenile detention district.
Added by Acts 1974, No. 700, §1. Amended by Acts 1975, No. 426, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1979, No. 769, §13.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1936. Use of multiparish juvenile detention home

RS 46:1936 - Use of multiparish juvenile detention home
A juvenile detention home established pursuant to this Part shall be used for the temporary detention of juveniles within the jurisdiction of the city and/or district courts of the parishes composing said multiparish juvenile detention district while awaiting trial or other disposition of their cases, runaways within the jurisdiction of said courts, and juveniles awaiting transfer to the Louisiana Department of Corrections. Juveniles not within the jurisdiction of said courts may be accepted by the governing authorities of the home in accordance with rules and regulations adopted therefor by the board, but only upon payment or agreement of a responsible public body to pay the fees established by the board for care and maintenance.
Added by Acts 1974, No. 700, §1. Amended by Acts 1975, No. 426, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1937. Authority to accept allocated funds

RS 46:1937 - Authority to accept allocated funds
For the purpose of establishing, improving, operating or maintaining the home, the board of governors shall have authority to accept available, federal and/or state funds allocated for that purpose.
Added by Acts 1974, No. 700, §1. Amended by Acts 1975, No. 426, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1938. Parish appropriations for multiparish juvenile detention homes; budgets

RS 46:1938 - Parish appropriations for multiparish juvenile detention homes; budgets
A. The governing authorities of the parishes within the multiparish juvenile detention district shall annually appropriate, in proportion to the assessed valuation of the property of the parishes, an amount which, when added to the revenues of the multiparish juvenile detention home, will be sufficient to properly operate the multiparish juvenile detention home and provide the necessary operational equipment, services and custodial care. The first budget shall equal the amount expended for the keeping, feeding, clothing, care, supervision, schooling, and maintenance of juveniles detained pursuant to orders of city and/or district courts within the area, and thereafter the annual budget shall be estimated on the basis of the budget of the preceding year.
B. The revenues derived from any operations of the multiparish juvenile district or from any other source not needed for the succeeding calendar year may be paid into the general fund of the governing authorities of the parishes composing the multiparish juvenile detention district in proportion to the assessment of the parishes as shown by the last filed assessment roll of each.
Added by Acts 1974, No. 700, §1. Amended by Acts 1975, No. 426, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1941.1. Short title

RS 46:1941.1 - Short title
The provisions of this Part shall be known as the "Children and Youth Planning Boards Act".
Added by Acts 1978, No. 300, §1; Acts 1990, No. 696, §1; Acts 2004, No. 555, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1941.2. Purpose; role of Children's Cabinet

RS 46:1941.2 - Purpose; role of Children's Cabinet
A. The purpose of the children and youth planning boards is to assist in the assessment, alignment, coordination, prioritization, and measurement of all available services and programs that address the needs of children and youth. This includes children and youth at risk for, or identified with, social, emotional, or developmental problems, including but not limited to educational failure, abuse, neglect, exposure to violence, juvenile or parental mental illness, juvenile or parental substance abuse, poverty, developmental disabilities and delinquency. The boards are intended to encourage collaborative efforts among local stakeholders for assessing the physical, social, behavioral, and educational needs of children and youth in their respective communities and for assisting in the development of comprehensive plans to address such needs. The infrastructure for planning is intended to be data-driven in order to select appropriate evidence-based programs which will maximize available resources.
B. The legislature authorizes the establishment of children and youth planning boards to assist in the development, implementation, and operation of services which encourage positive development, diversion of children and youth from the criminal justice and the foster care system, reduction in the commitments of youth to state institutions, and providing community response to the growing rate of juvenile delinquency. The coordination and implementation of services shall include but are not limited to prevention, early intervention, diversion, alternatives to home displacement, alternatives to incarceration, and treatment services. Through such boards, the state intends to foster and promote a continuum of community-based services and systems reflecting service integration at the state and community or local levels.
C. The role of the Children's Cabinet shall be to facilitate the creation of children and youth planning boards by offering guidance and technical assistance to local communities and governing authorities including but not limited to resource identification, needs assessments, monitoring and performance evaluation, strategic planning and other forms of assistance and support.
Added by Acts 1978, No. 300, §1; Acts 1990, No. 696, §1; Acts 2004, No. 555, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1941.3. Definitions

RS 46:1941.3 - Definitions
Words and terms used in this Part shall mean the following:
(1) Repealed by Acts 2004, No. 555, §2.
(2) "Youth" means a person seventeen years of age or younger.
Added by Acts 1978, No. 300, §1; Acts 1990, No. 696, §1; Acts 2004, No. 555, §2.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1941.5. Participation

RS 46:1941.5 - Participation
A. There shall be a children and youth planning board created and established in each judicial district by enactment of appropriate resolutions by the governing authority of each parish in that district. The board shall provide for the preparation of a comprehensive plan for the development, implementation, and operation of services for children and youth.
B. Nothing herein shall mandate a parish governing authority to fund the operational expenses of the board.
C. Nothing herein shall prevent a single parish or group of parishes from establishing an advisory board which would report to a youth services planning board.
Added by Acts 1978, No. 300, §1; Acts 1990, No. 696, §1; Acts 2004, No. 555, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1951. Statement of policy

RS 46:1951 - Statement of policy
A. It is the policy of this state to encourage and enable a person with a disability to participate fully in the social and economic life of the state, to achieve maximum personal independence, to otherwise fully enjoy and use all public facilities available in the state, and to engage in remunerative employment.
B. No person with a disability may be denied admittance to any public facility because of the person's disability. No person with a disability shall be denied the use of a white cane, service dog, wheelchair, crutches, or other device of assistance.
C. In addition, it is the policy of this state that a person with a disability shall be employed by the state, political subdivisions of the state, public schools, and all other employment supported in whole or in part by public funds on the same terms and conditions as an able-bodied person, unless it is shown that the particular disability prevents the performance of the work involved.
Acts 1982, No. 518, §1; Acts 1993, No. 482, §1; Acts 2014, No. 492, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.
NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1952. Definitions

RS 46:1952 - Definitions
As used in this Chapter:
(1) "Housing accommodations" means any immovable property, or portion thereof, which is used or occupied or is intended, arranged, or designed to be used or occupied as the home, residence, or sleeping place of one or more human beings, but shall not include any single family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.
(2) "Person with a disability" means a person who has a physical or mental impairment that substantially limits one or more of such person's major life activities and who has a record of such impairment or who is regarded as having such an impairment, including military veterans with traumatic brain injury or post traumatic stress disorder.
(3) "Service dog" means a dog who has been trained or is being trained to do work or perform a task for a person with a disability. "Service dog" refers to a dog trained as any of the following:
(a) A hearing dog.
(b) A guide dog.
(c) A seizure alert dog.
(d) A mobility dog.
(e) An autism service dog.
(f) A dog providing assistance during a medical crisis.
(g) A service dog providing assistance to persons, including veterans with traumatic brain injury or post traumatic stress disorder.
Acts 1982, No. 518, §1; Acts 1993, No. 482, §1; Acts 1993, No. 763, §2; Acts 2014, No. 492, §1; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §7; Acts 2022, No. 271, §5.
NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1954. Housing accommodations; full and equal access; degree of care; service dogs

RS 46:1954 - Housing accommodations; full and equal access; degree of care; service dogs
A. Every person with a disability shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease, or compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons.
B. Nothing in this Section shall require any person renting, leasing, or providing for compensation immovable property to modify his property in any way or to provide a higher degree of care for a person with a disability than for a person who does not have a disability.
C. Each person with a disability who has a service dog, especially trained to aid such person or who obtains such a dog, shall be entitled to full and equal access to all housing accommodations as defined in R.S. 46:1952(2), and he shall not be required to pay extra compensation for such dog but shall be liable for any damage done to the premises or any person on the premises by such dog.
Acts 1982, No. 518, §1; Acts 1993, No. 482, §1; Acts 1993, No. 763, §2; Acts 2014, No. 492, §1; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2018, No. 206, §5.
NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1955. Service dog trainers and puppy raisers; rights; liability

RS 46:1955 - Service dog trainers and puppy raisers; rights; liability
During the training of a service dog, any trainer or puppy raiser of such dog shall have the same rights and privileges as a person with a disability to be accompanied by a service dog in any place or facility provided in this Chapter without being required to pay an extra charge for such dog. However, during the training of a service dog, he shall be liable for any damages done to any person, premises, or facility by the service dog.
Acts 1993, No. 482, §1; Acts 2014, No. 492, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.
NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1956. Violation of rights; injury or interference with a service dog; penalties; civil action; damages; cost and attorney fees

RS 46:1956 - Violation of rights; injury or interference with a service dog; penalties; civil action; damages; cost and attorney fees
A. Any person, firm, or corporation, or the agent, representative, or employee of any person, firm, or corporation who withholds, denies, deprives, or attempts to withhold, deny, or deprive; intimidates, threatens, coerces, or attempts to threaten, intimidate, or coerce; punishes or attempts to punish a person with a disability or a trainer or puppy raiser of a service dog, during the training of such dog, or for exercising his right to be admitted to or enjoy the places and facilities provided in this Chapter; or otherwise interferes with the rights of a person with a disability under this Chapter shall be guilty of a misdemeanor and fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than six months, or both.
B. Any person who purposely or negligently injures a service dog or any owner of a dog who allows that dog to injure a service dog because he fails to control or leash the dog shall also be guilty of a misdemeanor and fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than six months, or both. Such person shall also be liable for any injuries to the service dog and, if necessary, the replacement and compensation for the loss of the service dog.
C. For every offense, such person shall pay for actual damages for any economic loss to any person aggrieved thereby, to be recovered in any court of competent jurisdiction in the parish where such offense was committed or where the aggrieved person resides.
D. In an action brought under this Section, the court may award costs and reasonable attorney's fee to the prevailing party.
Acts 1993, No. 482, §1; Acts 2014, No. 492, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.
NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1957. Precautions for operators of motor vehicles approaching pedestrians with disabilities

RS 46:1957 - Precautions for operators of motor vehicles approaching pedestrians with disabilities
A. Operators of motor vehicles approaching a pedestrian with a disability who is carrying a cane predominantly white in color, with or without a red tip, or a pedestrian with a disability using a service dog shall take all necessary precautions to avoid injury to such pedestrian.
B. Any such operator who fails to take all necessary precautions to avoid injury to a pedestrian with a disability shall be liable in damages for any injury caused to the pedestrian and any injury caused to the pedestrian's service dog.
C. No operator of a motor vehicle shall drive into or upon any crosswalk while a pedestrian with a disability is on the crosswalk or crossing or attempting to cross the crosswalk if such pedestrian indicates his intention to cross or to continue to cross the crosswalk. Failure by the pedestrian to signal his intention to cross the crossway shall not deprive him of the right-of-way given to him by other applicable law or regulation.
Acts 1993, No. 482, §1; Acts 2014, No. 492, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.
NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1958. Exemption from license fee; service dog

RS 46:1958 - Exemption from license fee; service dog
Service dogs, as defined in R.S. 46:1952, shall be exempt from any state or local license fee.
Acts 1993, No. 482, §1; Acts 2014, No. 492, §1.
NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1959. Scope of Chapter

RS 46:1959 - Scope of Chapter
Nothing in this Chapter shall be construed to amend, repeal, conflict with, or supersede any federal or state law, rule, or regulation or local ordinance mandating full and equal access in the use of public facilities or places, common carriers, public conveyances, or other modes of transportation, or housing accommodations for a person with a disability.
Acts 1993, No. 482, §1; Acts 2014, No. 492, §1; Acts 2014, No. 811, §24, eff. June 23, 2014.
NOTE: Acts 1993, No. 763, §1 amended prior R.S. 46:1952(A), (B), and (C), 1953(D), and 1954 and enacted R.S. 46:1953(E). Acts 1993, No. 482, §1 amended and reenacted the entire Chapter. The Chapter appears as in Act No. 482. The Louisiana State Law Institute printed the provisions of Act No. 763 as a note at the head of this Chapter.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2116. Purpose

RS 46:2116 - Purpose
A. The Legislature of Louisiana recognizes the right of people with significant disabilities to lead independent and productive lives.
B. The legislature further recognizes that persons with significant disabilities require personal assistance to meet tasks of daily living and, in many cases, to avoid costly institutionalization.
C. The legislature further recognizes that many times the expected return on state dollars invested in vocational rehabilitation training for individuals who cannot afford to go to work, resulting in immeasurable losses in terms of lost wages, dependency, social isolation, and unfulfilled human potential.
D. It is the intention of the legislature to create a program of state personal assistance services for persons with significant disabilities in order to support and enhance their employability and/or to avoid inappropriate and unnecessary institutionalization of persons with significant disabilities.
Acts 1987, No. 781, §1; Acts 1990, No. 653, §1, eff. July 19, 1990; Acts 2006, No. 617, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2116.1. Definitions

RS 46:2116.1 - Definitions
As used in this Chapter, the following terms shall have the meaning ascribed to them in this Section, unless the context clearly requires otherwise:
(1) "Department" means the Louisiana Department of Health.
(2) "Person with significant disabilities" means a person with loss of sensory or motor functions interfering with activities of daily living to the extent that the person requires assistance with nonmedical personal care needs, domestic or cleaning needs, dressing and undressing, moving into and out of bed, ambulation, related services including but not limited to meal preparation, laundry, and grocery shopping, and other similar activities of daily living.
(3) "Secretary" means the secretary of the Louisiana Department of Health.
(4) "State personal assistance services" means goods and services which are required by a person with significant disabilities age eighteen or older to increase a person's independence or substitute for a person's dependence on human assistance.
Acts 1987, No. 781, §1; Acts 1990, No. 653, §1, eff. July 19, 1990; Acts 2006, No. 617, §1; Acts 2010, No. 939, §8, eff. July 1, 2010; Acts 2014, No. 493, §1, eff. June 5, 2014; Acts 2018, No. 206, §7.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2116.2. State Personal Assistance Services Program; creation; eligibility requirements; evaluation

RS 46:2116.2 - State Personal Assistance Services Program; creation; eligibility requirements; evaluation
A. State Personal Assistance Services Program is created in the Louisiana Department of Health and shall be administered by the office of aging and adult services in the department.
B. The department shall provide a subsidy for personal assistance services to any person who:
(1) Is a person with significant disabilities.
(2) Is age eighteen or older at inception of services, provided that all other eligibility requirements are met.
(3) Needs personal assistance services to prevent or remove the adult from inappropriate placement in an institutional setting or enhance the adult's employability.
(4) Meets the eligibility criteria established in the state personal assistance policy submitted by the department as provided in R.S. 46:2116.5.
(5) Evidences eligibility by means of evaluations of eligibility as provided in Paragraphs (3) and (4) of this Subsection.
C. The person with significant disabilities shall be responsible for:
(1) Hiring, firing, and supervising the persons who provide personal assistance services.
(2) Participating in an evaluation to determine eligibility for personal assistance services from a qualified agency or organization.
(3) Participating in an annual re-evaluation.
(4) Choosing a qualified provider in the state.
D. The evaluation team shall:
(1) Determine the eligibility of the person with significant disabilities for personal assistance services.
(2) Reevaluate the person with significant disabilities annually to determine the person's continuing need for services.
E. In determining eligibility for a subsidy, the department shall follow the recommendations of the evaluation team or shall give notice to the person within twenty days of receipt of the recommendations of the evaluation team of its reasons for not following the team's recommendations.
F. Repealed by Acts 1995, No. 1198, §2.
Acts 1987, No. 781, §1; Acts 1990, No. 653, §1, eff. July 19, 1990; Acts 1995, No. 1198, §§1, 2; Acts 2003, No. 544, §1; Acts 2006, No. 617, §1; Acts 2008, No. 308, §1; Acts 2010, No. 939, §8, eff. July 1, 2010; Acts 2014, No. 493, §1, eff. June 5, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2116.3. Subsidy; eligibility; status

RS 46:2116.3 - Subsidy; eligibility; status
A. The department, by rule, shall establish an eligibility standard and an evaluation process which takes into consideration the unique economic and social needs of persons with significant disabilities.
B. The subsidy shall not be considered income for any purpose to the extent permitted by federal law and regulation.
C. This program shall be considered as a source of last resort for personal assistance services after private and governmental sources have been expended.
Acts 1987, No. 781, §1; Acts 1990, No. 653, §1, eff. July 19, 1990; Acts 2006, No. 617, §1; Acts 2014, No. 493, §1, eff. June 5, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2116.4. Appeal procedure; judicial review

RS 46:2116.4 - Appeal procedure; judicial review
Any person who is aggrieved by a decision of the department with regard to a request for provision of personal assistance services may appeal said decision within thirty days in accordance with the provisions of R.S. 46:107. Such appeal shall be conducted in accordance with the Administrative Procedure Act and shall be subject to judicial review.
Acts 1987, No. 781, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2116.5. Rules; program retroactive

RS 46:2116.5 - Rules; program retroactive
A. The secretary of the department or his designee shall develop and maintain a state personal assistance policy plan which shall include but not be limited to the following:
(1) Criteria for eligibility of a person with significant disabilities for the services.
(2) Criteria for determining the goods and services to be provided to a person with significant disabilities.
(3) Determination of how program funds will be disbursed.
(4) Criteria for determining prioritization of the State Personal Assistance Services Program waiting list.
B. The secretary shall promulgate rules to implement this Chapter.
C. The department shall implement this Chapter to the extent funds are appropriated by the legislature.
D. Repealed by Acts 2014, No. 493, §2, eff. June 5, 2014.
Acts 1987, No. 781, §1; Acts 1990, No. 653, §1, eff. July 19, 1990; Acts 1995, No. 1198, §2; Acts 2006, No. 617, §1; Acts 2014, No. 493, §§1, 2, eff. June 5, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2121. Statement of purpose

RS 46:2121 - Statement of purpose
A. The legislature hereby finds and declares that there is a present and growing need to develop innovative strategies and services which will reduce and treat the trauma of family violence. Available studies documenting police statistics indicate that thousands of persons in this state are regularly beaten, tortured, and, in many cases, killed by spouses or persons with whom they are living in a primary relationship. These studies further indicate that victims of family violence come from all socioeconomic classes and ethnic groups, though it is the poor who suffer most from family violence, since it is less likely that they have immediate access to private counseling and shelter for themselves and their children. Children, though often not physically assaulted, suffer deep and lasting emotional effects, and it is most often the children of those parents who commit family violence that perpetuate the cycle by abusing their spouses.
B. The legislature further finds and declares that there is a high incidence of deaths and injuries sustained by law enforcement officers in the handling of domestic disturbances. A definite correlation between family violence and marital homicide has been established, yet police arrests for family violence are low, and victims are reluctant to press charges. Furthermore, instances of family violence are considered to be the single most unreported crime in the state.
C. It is the intention of the legislature to achieve a reduction in serious and fatal injuries to the victims of family violence and to clarify the problems, causes, and remediation of family violence by providing the necessary services including shelter, counseling, and referrals to social services, medical care, and legal assistance in the form of a family violence center.
Added by Acts 1979, No. 746, §1; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2121.1. Definitions

RS 46:2121.1 - Definitions
As used in this Part:
(1) "Family or household members" means spouses, former spouses, parents, children, stepparents, stepchildren, foster parents, and foster children. "Family or household members" also means grandparents or their grandchildren.
(2) "Family violence" means any assault, battery, or other physical abuse which occurs between family or household members, who reside together or who formerly resided together.
(3) "Victim of family violence" means the family or household member abused and his or her children who might be in danger if left in the domicile.
Added by Acts 1983, 1st Ex. Sess., No. 60, §1, eff. March 1, 1983; Acts 1985, No. 772, §2, eff. July 19, 1985; Acts 1986, No. 1056, §1, eff. Sept. 1, 1986; Acts 1995, No. 765, §1; Acts 1997, No. 1156, §7.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2122. Program creation

RS 46:2122 - Program creation
A. From federal funds, state funds, or funds made available from private or local sources for this purpose, the office of children and family services within the Department of Children and Family Services is hereby authorized to establish a family violence program, hereafter called the "Family Violence Prevention and Intervention Program", for the development of community-based shelters for victims of family violence. The Department of Children and Family Services shall establish such program within the office of children and family services which shall be the recipient of any funds made available for the program.
B. The office of children and family services shall establish standards for the expenditure of state funds made available from federal, private, or local sources and shall assure the availability of personnel, resources, and equipment necessary for the purpose of the Chapter.
Added by Acts 1979, No. 746, §1; Acts 1985, No. 772, §2, eff. July 19, 1985; Acts 2009, No. 409, §5, eff. July 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2123. Program functions; duties

RS 46:2123 - Program functions; duties
The office of community services shall develop and administer the program to do the following:
(1) Establish full-time, community-based, family-oriented shelters for the victims of family violence and their children.
(2) Increase, improve, and coordinate the delivery of comprehensive services to the victims of domestic or family violence.
(3) Provide the types of innovative approaches and methods in services designed to reduce the problems of domestic and family violence.
Added by Acts 1979, No. 746, §1; Acts 1985, No. 772, §2, eff. July 19, 1985; Acts 1997, No. 1156, §7; Acts 2009, No. 409, §5, eff. July 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:2124. Community shelters; funding; services

RS 46:2124 - Community shelters; funding; services
A. The office of community services shall seek to establish a limited number of community-based shelters and family-oriented shelters for victims of family or domestic violence. Such shelters may be developed on a contract basis with public or private agencies.
B. When applicable, the office of community services shall contract with public or private agencies for the development of such shelters, and they shall choose such agencies from a list which shall be submitted as it provides.
C. Services of such community-based shelters shall include, but not be limited to the following:
(1) Around-the-clock day shelter which provides safe refuge and temporary lodging for victims of family violence and their children who are victims or potential victims. This shelter shall include a day program or drop-in center which can assist the victims of family violence who have not yet made the decision to leave their homes, or who have found other shelter but who have a need for the services provided at the centers.
(2) Emergency psychological support and counseling to the victims of marital violence and their children.
(3) Information and referral regarding reeducation, job counseling, training programs, employee and placement assistance, housing, emergency medical care, emergency legal assistance, and other available social services.
D. Any contract entered into under the provisions of this Chapter shall be in accordance with public contracts laws of this state.
Added by Acts 1979, No. 746, §1; Acts 1985, No. 772, §2, eff. July 19, 1985; Acts 1997, No. 1156, §7; Acts 2009, No. 409, §5, eff. July 1, 2009.