Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 73 - Child Placing Agencies › Section V-7303 - Authority-Foster Care, Adoption, Transitional Placing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Legislative Provisions
1. The Specialized Provider Licensing Act,
				  Act 286 of 1985 as amended (R.S.
				  46:1401 et seq.) is the legal authority under
				  which the department prescribes minimum standards for the health, safety, and
				  well-being of children placed in foster care and adoption. The rules are in LAC
				  67:V., Subpart 8, Chapter 73.
2. In
				  accordance with
				  R.S.46:1403.1,
				  notwithstanding any other provision of law to the contrary, a child in foster
				  care may stay in foster care until his twenty-first birthday to complete any
				  educational course that he began while in foster care including but not limited
				  to a General Education Development course.
3.Public Law 96-272, the Adoption Assistance
				  and Child Welfare Act of 1978 and Act 429 of 1981 authorizes the Louisiana
				  Legislature to make permanency planning for children in foster care a matter of
				  federal and state law and public social policy.
4.
											Public Law
				  103-382, the Multiethnic Placement Act of 1994, as
				  amended by Public Law
				  104-188, the Interethnic Placement Act, the U.S.
				  Constitution, and Title VI of the Civil Rights Act of 1964 provide that an
				  entity which receives federal financial assistance and is involved in adoption
				  or foster care placements may not discriminate on the basis of the race, color,
				  or national origin of the adoptive or foster parent or the child involved.
				  Providers receiving federal funds may not use standards related to income, age,
				  education, family structure and size, or ownership of housing to exclude groups
				  of prospective parents on the basis of race, color, or national origin, where
				  these standards are arbitrary or unnecessary or where less exclusionary
				  standards are available.
5.
				  Providers shall comply with the requirements of the Americans with Disabilities
				  Act,
				  42 U.S.C. §
												12101 et seq. (ADA) and regulations
				  promulgated pursuant to the ADA, 28 C.F.R. Parts 35 and 36 and 49 C.F.R. Part
				  37; §504 of the Rehabilitation Act of 1973, as amended,
				  29 U.S.C. §
												794, and regulations promulgated pursuant
				  thereto, including  45 C.F.R. Part 84, which includes the right to receive
				  services in the most integrated setting appropriate to the needs of the
				  individual; obtain reasonable modifications of practices, policies, and
				  procedures where necessary (unless such modifications constitute a fundamental
				  alteration of the provider's program or pose undue administrative burdens);
				  receive auxiliary aids and services to enable equally effective communication;
				  equivalent transportation services; and physical access to a provider's
				  facilities.
6. Providers shall
				  comply with the requirements of Children's Code 1167 et seq. with regard to
				  adoptions.
7. In accordance with HCR
				  71 of the 2020 Legislative Session, license renewal fees due from July 1, 2020
				  through June 30, 2021 are hereby suspended for existing child placing agencies
				  located in Louisiana as part of Louisianas response to and as a way to help
				  businesses reopen and recover from COVID-19.