2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:231. Aid to needy families; definitions

RS 46:231 - Aid to needy families; definitions
As used in this Subpart, unless the context clearly requires otherwise:
(1) "Adult paraphernalia store" means an establishment that has as a substantial or significant portion of its stock clothing, objects, tools, toys, or any other items distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement.
(2)(a) "Amusement attraction" means a movie theater, video arcade, or any other building, structure, or place principally devoted to activities providing amusement, pleasure, thrills, or excitement.
(b) "Amusement attraction" does not include any enterprise principally devoted to the exhibition of products of agriculture, industry, education, including zoos and aquariums, science, religion, sports, or the arts.
(3) "Amusement ride" means any mechanized device or combination of devices which carries passengers along, around, or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. "Amusement ride" includes inflatables.
(4) "Applicant" means a parent or relative of the parent who applies for FITAP on behalf of a child.
(5) "Automated teller machine" means an electronic hardware device that is capable of dispensing currency and responding to balance inquiries through the use of a magnetic stripe card issued by or on behalf of the state for distribution of assistance through an electronic benefits transfer system as described in this Subpart.
(6) "Bail" means security given by a person to assure his appearance, or the appearance of a third party, before the proper court whenever required.
(7) "Bar" means a business that holds a Class A-General retail permit and the primary purpose of such business is to serve alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages. Bars include, without limitation, taverns, saloons, nightclubs, cocktail lounges, and cabarets.
(8) "Cash assistance" means funds that the department provides through the Family Independence Temporary Assistance Program and the Kinship Care Subsidy Program to eligible beneficiaries for the purpose of assisting those persons in meeting ongoing basic needs.
(9) "Commercial body art facility" means any location, place, area, or business, whether permanent or temporary, that provides consumers access to personal services workers who for remuneration perform any of the following procedures:
(a) Tattooing or inserting pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible under the skin.
(b) Body piercing or the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. For purposes of this Subpart, "body piercing" does not include piercing an ear with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
(c) Application of permanent cosmetics or pigments under the skin of a human being for the purpose of permanently changing the color or other appearance of the skin, including but not limited to permanent eyeliner, eye shadow, or lip color.
(10) "Cruise ship" means any commercial ship used for the domestic or international carriage of passengers.
(11) "Department" means the Department of Children and Family Services.
(12) "Dependent child", in accordance with federal law and regulations relative to the TANF program, shall mean a needy child who meets all of the following criteria:
(a) A needy child under the age of eighteen or needy child under the age of nineteen who is a full-time student in a secondary school, or in the equivalent level of vocational or technical training, who may reasonably be expected to complete the program of such secondary school or training before attaining the age of nineteen.
(b) The child is living with his father, mother, stepfather, stepmother, or other relative, within the fifth degree, in a place of residence maintained by one or more of such relatives as his or their own home. For the purposes of this Subpart, all such persons shall be deemed as relatives, whether their relationship to the dependent child was acquired by adoption, marriage, or birth, and neither divorce nor death shall terminate such relationship.
(13) "Electronic benefits transfer transaction" and "EBT transaction" mean the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds.
(14) "Family Independence Temporary Assistance Program" or "FITAP" means the cash assistance program.
(15) "Family Success Agreement" means the mutually developed contract between a FITAP recipient, on behalf of their family, and the department that sets forth mutual and time-bound responsibilities, expectations, activities, and goals designed to transition a participant from welfare to self-sufficiency.
(16) "Federal Welfare Reform Act" means the federal Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, Public Law 104-193, and applicable changes due to its reauthorization.
(17)(a) "Gaming establishment" means a gambling casino and any other establishment which provides gaming activities that are subject to regulation by the Louisiana Gaming Control Board.
(b) "Gaming establishment" does not include either of the following:
(i) A grocery store that sells groceries including staple foods and that also offers, or is located within the same building or complex as, casino activities, gambling, or gaming activities.
(ii) Any establishment that offers casino, gambling, or gaming activities that are incidental to the principal purpose of the business.
(18) "Jewelry" means an object or thing consisting of precious stones or precious metals worn as adornment or apparel, including costume jewelry.
(19)(a) "Liquor store" means any retail establishment that sells exclusively or primarily intoxicating liquor.
(b) "Liquor store" does not include a grocery store that sells both intoxicating liquor and groceries, including staple foods.
(20) "Nail salon" means a commercial establishment that provides nail services of any kind including but not limited to trimming, filing, decorating, shaping, sculpting, or in any way caring for the nails and skin of a person's hands or feet together with massaging the hands, arms, legs, and feet.
(21) "Point-of-sale terminal" means an electronic hardware device that meets all of the following criteria:
(a) May be utilized at a retailer's place of business where consumers pay for goods or services.
(b) Is capable of the following:
(i) Initiating a request for authorization of a purchase of tangible personal property.
(ii) Disbursing currency from an account.
(iii) Initiating a balance inquiry for an account.
(iv) Distributing assistance through an electronic benefits transfer system as described in this Subpart.
(22) "Psychic" means any person or establishment engaged in the occupation of occult science including a fortune teller, palmist, astrologist, numerologist, clairvoyant, craniologist, phrenologist, card reader, spiritual reader, tea leaf reader, prophet, or advisor who in any manner claims or pretends to tell fortunes or claims or pretends to disclose mental faculties of individuals for any form of compensation.
(23) "Recipient" or "FITAP recipient" means the parent or a relative of the parent who receives FITAP on behalf of a dependent child.
(24) "Secretary" means the secretary of the Department of Children and Family Services.
(25) "Sexually oriented business" means any commercial enterprise that has as its primary business the offering of a service or the sale, rent, or exhibit of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.
(26) "State plan" means the state TANF block grant plan.
(27) "Strategies to Empower People" or "STEP" means the education, employment, training and related services program for families receiving cash assistance payments.
(28) "Temporary Assistance to Needy Families" or "TANF" means the federal block grant program established under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, and applicable changes due to its reauthorization.
(29) "Work-eligible" refers to families containing an adult under sixty years of age, or teen head of household, that is not disabled, incapacitated, or caring for a family member who is disabled or incapacitated as documented by a medical expert to which the status of disability is clearly established and explained. "Work-eligible" also excludes cases in which only the child portion of need that is unrelated to a sanction or penalty, known as a child-only case, is considered in determining eligibility.
Amended by Acts 1958, No. 405, §1; Acts 1960, No. 251, §1; Acts 1965, No. 18, §1; Acts 1966, No. 132, §1; Acts 1973, No. 175, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1981, Ex.Sess., No. 30, §1, eff. Nov. 19, 1981; Acts 1997, No. 1155, §1, eff. July 1, 1997; Acts 2003, No. 58, §1; Acts 2004, No. 110, §1; Acts 2005, No. 428, §3, eff. July 1, 2005; Acts 2013, No. 285, §§1, 2, eff. June 14, 2013; Acts 2014, No. 842, §1, eff. June 23, 2014.