reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 2 - Community Services › Chapter 7 - Social Services Block Grant › Section V-705 - Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Services
				  provided under the Social Services Block Grant are defined annually in the
				  final Intended Use Report which complies with Section 2004 of the Block Grant
				  Statute and other federal regulations approved by the U.S. Department of Health
				  and Human Services.
B. Prior to the
				  adoption of the Intended Use Report by the agency, the report is made available
				  for public review and written comments and at least one hearing is conducted in
				  a major metropolitan area of the state. Notices are published in the state
				  official journal and other major newspapers announcing public review.
C. Provision of services is based on the
				  following categories of priorities:
1.
Priority 1
- life support services which if denied would place
				  individuals at life threatening risk;
2.
Priority 2
- essential
				  services, although non-life support, would maintain individual health and
				  support the family unit; and
3.
Priority 3
- those services which are important but do not meet
				  the criteria of
Priority 1
and
Priority 2
above or are available from another source.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 2 - Community Services › Chapter 7 - Social Services Block Grant › Section V-709 - Responsibility for Eligibility Determination

Current through Register Vol. 50, No. 6, June 20, 2024
A. Administrative responsibility for
				  determining individuals eligible for direct delivered and vendor day care
				  services, and for certifying groups eligible for services, rests with the
				  Office of Community Services, except for situations where subrecipient
				  contractors may be designated to determine eligibility.
AUTHORITY NOTE:
					 Promulgated in accordance with P.L. 97-35, Sections 2351 -55 (42 U.S.C.
					 1397 -
					 1397
					 e).
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 2 - Community Services › Chapter 7 - Social Services Block Grant › Section V-711 - Copayments

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office of
				  Community Services may allow for copayments to be collected from recipients of
				  certain services when the cost of providing the services exceeds the Office of
				  Community Services reimbursement rate according to sliding fee scales which may
				  be established by the Department of Social Services. Any sliding fee scales
				  which are adopted during a year are available to the public for review at the
				  Office of Community Services.
B.
				  The copayment collected from a service recipient plus the Office of Community
				  Services' reimbursement rate may meet but shall not exceed the actual cost or
				  usual fee for delivering the service. The family/client will be furnished a
				  copy of the sliding fee scale for their information.
AUTHORITY NOTE:
					 Promulgated in accordance with P.L. 97-35, Sections 2351 -55 (42 U.S.C.
					 1397 -
					 1397
					 e).
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 2 - Community Services › Chapter 7 - Social Services Block Grant › Section V-713 - Funding

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  appropriation and allocation of funds are subject to legislative and
				  gubernatorial approval as well as the availability of federal and state funds.
				  Louisiana's federal allotment of Social Services Block Grant funds is
				  determined each fiscal year.
AUTHORITY NOTE:
					 Promulgated in accordance with P.L. 97-35, Sections 2351 -55 (42 U.S.C.
					 1397 -
					 1397
					 e).
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 2 - Community Services › Chapter 7 - Social Services Block Grant › Section V-715 - Available Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  final Intended Use Report is available for review at the Office of Community
				  Services, 333 Laurel Street, Baton Rouge, Louisiana. Costs for copies are
				  established by the Division of Administration.
AUTHORITY NOTE:
					 Promulgated in accordance with P.L. 97-35, Sections 2351 -55 (42 U.S.C.
					 1397 -
					 1397
					 e).
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 2 - Community Services › Chapter 10 - Children's Trust Fund › Section V-1001 - Plan for Preventing Child Abuse and Neglect

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
				  R.S.
				  46:2406, the proposed plan has been submitted
				  to the Joint Committee on Health and Welfare of the Louisiana Legislature for
				  approval prior to adoption by the Louisiana Children's Trust Fund Board. The
				  plan becomes effective subsequent to adoption by the Louisiana Children's Trust
				  Fund Board and will form the basis for future activities of the Children's
				  Trust Fund.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:2406.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 3 - Child Protective Services › Chapter 11 - Administration and Authority › Section V-1103 - State Central Registry

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within the
				  state repository of reports of abuse and neglect, the Department of Children
				  and Family Services (DCFS) establishes and maintains a state central registry
				  (SCR) that is comprised of three tier levels of certain justified/valid reports
				  of abuse and neglect. Each justified/valid allegation shall be assigned a tier
				  level for each perpetrator and child victim combination. At the time of the
				  case closure, the highest tier of all justified/valid determinations shall be
				  assigned to that perpetrator. The three SCR tiers range from tier 1 which
				  includes the most severe abuse and neglect harm/injury to the child victim to
				  tier 3 which includes the least severe harm/injury to the child victim. The SCR
				  tier system determines placement on the SCR and the duration of time the
				  individuals name will remain on the SCR. Information on a perpetrator of child
				  abuse or neglect shall be maintained indefinitely on the SCR for tier 1
				  determinations. Information on a perpetrator shall be maintained on the SCR for
				  18 years from the date of the justified/valid finding for tier 2
				  determinations. Information on a perpetrator shall be maintained on the SCR for
				  seven years from the date of the justified/valid finding for tier 3. An
				  individual will be removed from the SCR at the end of the SCR retention period
				  for tiers 2 and 3. Individuals shall be notified in writing of the period of
				  maintenance on the SCR along with the notification of a valid
				  finding.
B.
1. Individuals in investigations in families
				  who have been determined to be justified/valid as a perpetrator of child abuse
				  and/or neglect prior to July 1, 2018, will be maintained on the SCR for the
				  lesser of:
a. the length of time as
				  determined for the allegation in accordance with the SCR tier system;
				  or
b. the retention period in
				  effect at the time of the valid/justified determination.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 3 - Child Protective Services › Chapter 11 - Administration and Authority › Section V-1105 - Maintenance and Disclosure of Information on Reports and Investigations on the State Repository

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Department of Children and Family Services (DCFS) will maintain records of
				  investigations on reports of child abuse and/or neglect in families determined
				  to be not justified/invalid on the State Repository. Except as specifically
				  authorized by law, the records will be maintained for the exclusive use of
				  child protection services to assist in future risk and safety assessments, and
				  shall not become part of the SCR. The information shall be confidential and
				  will not be released to other persons or agencies outside of DCFS, except as
				  specifically authorized by law.
1. Records of
				  reports that have been determined to be not justified/invalid shall be
				  maintained on the state repository for 7 years from the date of the
				  determination. At the end of 7 years from the date of the determination, the
				  information will be expunged unless there have been subsequent reports and
				  investigations involving the same perpetrator. When there are subsequent
				  investigations with determinations of not justified/invalid or inconclusive,
				  all records will be maintained until the youngest child in the victims family
				  at the time of the investigation reaches the age of 18 or 7 years from the date
				  of the latest determination, whichever is longer.
2. When there are subsequent investigations
				  involving the same perpetrator determined to be justified/valid and the
				  information from the not justified/invalid report is used as a part of the
				  basis for a later, related justified/valid report, the earlier not
				  justified/invalid report shall become part of the file of such justified/valid
				  report and shall cease to be a separate report. All the information is
				  maintained until the retention period for the justified/valid finding has
				  elapsed.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 3 - Child Protective Services › Chapter 11 - Administration and Authority › Section V-1135 - Physician Notification

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Department of Children and Family Services establishes procedures for
				  implementation of the physician notification, as required by
				  R.S.
				  40:1086.11.
1. A physician identifying a newborn
				  exhibiting symptoms of withdrawal or other observable and harmful effects in
				  his physical appearance or functioning due to the use of a controlled dangerous
				  substance, as defined by
				  R.S.
				  40:961 et seq., in a lawfully prescribed
				  manner by the mother during pregnancy shall use the DCFS form, physician
				  notification of substance exposed newborns; no prenatal neglect suspected, to
				  comply with the requirements of the Comprehensive Addiction and Recovery Act.
				  The following form, which may be obtained from the DCFS website at
www.dcfs.la.gov/
, shall be used to notify
				  DCFS.
Physician Notification of Substance Exposed Newborns
					 No Prenatal Neglect Suspected
LA DCFS:
This notification does not constitute
					 a report of child abuse and or neglect and shall be faxed to Centralized Intake
					 at (225) 342-7768. This notification is used to notify DCFS newborns who
					 exhibit symptoms of withdrawal or other observable and harmful effects in his
					 physical appearance or functioning that a physician believes is due to the use
					 of a controlled dangerous substance, as defined by
					 R.S.
					 40:961 et seq., in a lawfully prescribed
					 manner, by the mother during pregnancy. If a newborn is exhibiting withdrawal
					 symptoms that are believed to be the result of unlawful use of a controlled
					 dangerous substance; or, if you suspect abuse and or neglect including
					 suspicion of prenatal neglect, you must contact the CPS Hotline at
					 1-855-4LA-KIDS to make a report of suspected child abuse/neglect.
Click
					 here to view image
Click
					 here to view image
2. The physician will complete the form with
				  the following required information:
a.
				  identifying information about the newborn;
b. substance to which the newborn was
				  exposed;
c. identifying information
				  about the mother;
d. identification
				  of the physician who is providing the notification; and
e. plan of care for newborn and mother
				  including a listing of educational materials provided, referrals made,
				  additional discharge instructions, and information gained from the mother
				  regarding care of the newborn.
3. The notifying physician shall transmit the
				  form via fax to DCFS at (225) 342-7768.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 3 - Child Protective Services › Chapter 13 - Intake › Section V-1301 - Child Protection Investigation Report Acceptance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Reports will be assigned for investigation
				  when the circumstances of the report indicate either:
1. a cause to believe by the reporter that
				  substantial risk of harm to the child is present and the child's physical,
				  mental, or emotional health is seriously endangered as a result; or
2. the reporter has cause to believe that
				  abuse or neglect has already occurred.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 3 - Child Protective Services › Chapter 13 - Intake › Section V-1303 - Time Limits on Acceptance of Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. Reports will not be accepted when the time
				  period from the alleged abuse or neglect occurrence to the date of the report
				  exceeds the following limits.
1. Physical
				  Abuse:
a. severe abuse (i.e., high priority)
				  12 months;
b. less severe (i.e.,
				  medium-low priority) three months unless documentation of the injury such as
				  scars or medical records, continues to be available.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 3 - Child Protective Services › Chapter 15 - Conducting Investigations in Families › Section V-1501 - Audio Tape Recording of Interviews

Current through Register Vol. 50, No. 6, June 20, 2024
A. All interviews of the child and his
				  parents conducted in the course of a child protection investigation will be
				  tape recorded, if requested by the parent or parents.
AUTHORITY NOTE:
					 Promulgated in accordance with the Louisiana Children's Code, Article 612
					 C.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 3 - Child Protective Services › Chapter 15 - Conducting Investigations in Families › Section V-1505 - Safe Haven Relinquishment

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  DCFS establishes procedures for implementation of title XI, safe haven
				  relinquishment, chapter 13, safe haven relinquishment, of the
Louisiana
				  Children's Code
, as a collaborative effort with community agencies.
1. Prevent Child Abuse Louisiana and DCFS
				  will provide toll-free lines for the public to inquire about safe haven
				  relinquishment information, procedures and designated emergency care
				  facilities. Parents who have relinquished an infant may contact the DCFS
				  through the toll free hotline at 1-855-452-5437 or Prevent Child Abuse
				  Louisiana at 1-800-244-5373 to inquire about their parental rights or
				  anonymously provide medical information.
2. DCFS, the Department of Health, and
				  community agencies will collaborate to identify facilities meeting the legal
				  definition of a designated emergency care facility, develop and distribute the
				  written notification to such facilities regarding the provisions of the
				  statute, develop and distribute written information and training materials for
				  facilities to use for the instruction of their staff designated to receive
				  relinquished infants and interview parents, develop and distribute information
				  materials to use to increase public awareness regarding safe haven
				  relinquishment, and develop and distribute the notification to hospitals of the
				  requirements of the medical evaluation and testing of a relinquished
				  infant.
3. DCFS will work with
				  community agencies to develop and distribute the card for designated emergency
				  care facilities to give to relinquishing parents as required by article
				  1152.
4. The following image shall
				  constitute the official safe haven symbol for use in identifying designated
				  emergency care facilities to the public.
Click
					 here to view image
a. The
				  text and image shall be black and the background either white or a shade of
				  yellow typically used for traffic warning signs indicating the necessity of
				  caution. The Department of Children and Family Services will transmit the
				  symbol electronically to any designated emergency care facility upon their
				  request.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 4 - Daycare Services › Chapter 23 - Daycare (Repealed) › Section V-2301 - Daycare Services (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with  45 CFR Part 98 .
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 5 - Foster Care › Chapter 35 - Payments, Reimbursables, and Expenditures › Section V-3503 - Reimbursement Rates for Residential Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Office of Community Services (OCS) will
				  implement a competitive solicitation process as a means to select all private
				  residential facility-based programs to serve foster children and to establish
				  per diem rates for that residential service. The department's published
				  Prospective Provider Procedure will be followed. The department may adjust the
				  cycle for the competitive solicitation process when the appointing authority of
				  the OCS determines that an emergency situation exists or other exigent
				  circumstances require the adjustment of the cycle in order to facilitate the
				  provision of appropriate services to children.
B. Individuals and/or agencies currently
				  providing residential services to OCS foster children and those that contact
				  the Department of Social Services, Office of Community Services (OCS) wishing
				  to provide residential services to foster children funded by OCS are placed on
				  a prospective provider list. All persons and agencies on the list will be
				  notified at the time that the office seeks to develop residential services for
				  foster children in a specific geographic area. The current and prospective
				  residential providers will be mailed a full description of the type and scope
				  of programs sought in geographic areas along with an invitation to submit to
				  OCS a proposal for that service. The notification will include a list of other
				  materials that providers may request/need to assist proposers in preparation of
				  their proposals. The name and telephone number of an OCS representative will be
				  given to prospective providers to contact for more information.
1. A committee of professionals from OCS will
				  evaluate the proposals according to criteria included in the packet of
				  materials. The committee will select the program(s) most fitting the needs of
				  the Foster Care Program.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 5 - Foster Care › Chapter 35 - Payments, Reimbursables, and Expenditures › Section V-3510 - Percentage of Title IV-E Children in Foster Care over 24 Months

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the
				  percentage of all children in foster care receiving assistance under the State
				  Title IV-E Program who at any given time during the fiscal year will have been
				  in foster care over 24 months, the department will limit that percentage to 55
				  percent of the total foster care population.
AUTHORITY NOTE:
					 Promulgated in accordance with  42 USC Sec. 671(A) (14)  of the Social Security
					 Act.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 5 - Foster Care › Chapter 37 - Case Planning › Section V-3701 - Permanency Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. Effective
				  April, 1991, a case permanency plan shall be filed with the court when a child
				  enters into custody of the department or into foster care, pursuant to or
				  pending a child in need of care proceeding. The case permanency plan shall be
				  filed no later than 60 days after the child comes into care.
AUTHORITY NOTE:
					 Promulgated in accordance with Act 348 of the 1990 Legislative
					 Session.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 5 - Foster Care › Chapter 39 - Chafee Foster Care Independence Program and Extended Foster Care › Section V-3901 - Chafee Foster Care Independence Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Department of Children and Family
				  Services, Child Welfare Division will provide a Chafee Foster Care Independence
				  Program (CFCIP) to assist youth in making preparations for living
				  independently, including, but not limited to resume writing, budgeting, banking
				  and other financial skills, and conflict management skills. The CFCIP provides
				  opportunities for youth to interact with other youth from similar backgrounds,
				  and to receive supportive services until 26 years of age, with the exception of
				  educational assistance via the Chafee educational and training voucher (ETV),
				  which is available until 23 years of age.
B. The DCFS will provide CFCIP services based
				  upon the availability of funds, up to the maximum allowable amount funded by
				  the federal Chafee Act, in compliance with the requirements of the program, and
				  the varying identified needs of each youth.
C. Eligibility for the CFCIP is limited to
				  youth who meet the requirements of the program and is based on the availability
				  of federal funding. Participants should be either: DCFS foster youth from 14
				  years of age to age 18; foster youth who aged out of foster care from 18 to 26
				  years old; foster youth who were adopted from foster care after 16 years of age
				  to 26 years of age; Office of Juvenile Justice youth from 14 years of age to 26
				  years of age; youth in a court ordered guardianship from foster care initiated
				  after 16 years of age to 26 years of age; and/or Native American youth from 13
				  years of age to 26 years of age who were in state or tribal custody. Youth in a
				  secure placement (detention, jail, etc.) are not eligible for services provided
				  by Chafee funds.
D. The allowable
				  services and activities must be purposefully planned by the foster care worker
				  and the youth to meet specific needs that have been identified and addressed in
				  the youths transitional living plan. The allowable services may include:
1. training delivered by Chafee independent
				  living providers contracted with DCFS to prepare youth for living
				  independently;
2. an assessment of
				  independent living skills to identify which skills are needed and a written
				  individualized transitional living plan, based on the assessment;
3. a monetary payment/stipend upon completing
				  the CFCIP coursework and questionnaire, if resources allow;
4. assistance with obtaining an independent
				  living arrangement and/or housing;
5. case management services; and
6. assistance with educational expenses,
				  which could include educational and training voucher services, with need being
				  determined by contracted providers.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 5 - Foster Care › Chapter 39 - Chafee Foster Care Independence Program and Extended Foster Care › Section V-3903 - Extended Foster Care Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  DCFS will continue to provide foster care services to young adults age 18 to 21
				  who are completing secondary education or a program leading to an equivalent
				  credential, enrolled in institution that provides postsecondary or vocational
				  education, participating in a program or activity designed to promote
				  employment or remove barriers to employment, employed at least eighty hours per
				  month, or is incapable of doing any part of the activities in the
				  aforementioned due to a medical condition in accordance with
				  R.S.
				  46:288.1, et seq. They shall be eligible for
				  foster care services until their twenty-first birthday as long as the youth is
				  willing and continues to meet the above stated eligibility criteria. The youth
				  initiates extended foster care services through signing a voluntary placement
				  agreement. The young adult in foster care shall be eligible for all foster care
				  services in accordance with their voluntary placement agreement and case plan;
				  and, their foster parents, custodian or other placement provider continued
				  services and benefits for the period of time the young adult is eligible and
				  participating in the extended foster care program.
B. The DCFS will notify all foster children
				  and their foster parents/custodians/placement provider in writing of the
				  availability of extended foster care services; eligibility for the services;
				  and, the benefits at the foster childs seventeenth birthday. The written
				  notifications will continue every 90 days unless the foster child and foster
				  parents/custodian/placement provider consent to participate in extended foster
				  care, or the child becomes ineligible for participation in the
				  program.
AUTHORITY NOTE:
					 Promulgated in accordance with Act 400 of the 2019 Regular Session and
					 R.S.
					 46:288.1, et
					 seq.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 5 - Foster Care › Chapter 41 - Guardianship Subsidy Program › Section V-4101 - Subsidizing Guardianship Arrangements for Children in Foster Care

Current through Register Vol. 50, No. 6, June 20, 2024
A. Overview of
				  Program Purpose
1.The Subsidized Guardianship
				  Program enables the Department of Children and Family Services (DCFS) to make
				  payments to certified relative and fictive kin caregivers as well as certified
				  caregivers with a significant familial bond with the child on behalf of a child
				  who otherwise might not be able to achieve permanency outside of department
				  custody because of special needs or other circumstances. Subsidy payments shall
				  be limited to child(ren) for whom guardianship is indicated due to other more
				  permanent options such as reunification with the parents, immediate
				  unsubsidized custody to a relative or other caregiver, or adoption being
				  determined unfeasible for the child. The guardianship subsidy applies only to a
				  child(ren) for whom the DCFS holds legal custody, only to potential caregivers
				  with whom the child has a significant familial bond; with whom it would be in
				  the childs best interest to remain until the age of majority, and when the
				  kinship placement provider or other caregiver with a significant familial bond
				  becomes a certified foster caregiver according to the certification standards
				  of the state, and, the child(ren) remains in the certified kinship placement or
				  placement with the other caregiver with a significant familial bond for at
				  least six consecutive months during the current foster care episode prior to
				  entering the guardianship subsidy arrangement. The guardianship subsidy also
				  applies to successor guardian(s) who meet the following criteria:
a. the successor guardian is named in the
				  guardianship subsidy agreement with DCFS;
b. the successor guardian and all adult
				  household members have satisfactorily completed national fingerprint based
				  criminal and child abuse/neglect background clearances; and
c. guardianship is transferred by a court to
				  the successor guardian in accordance with
Louisiana Childrens
				  Code
articles 718 through 724.1.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 6 - Adoptions › Chapter 45 - Adoption Registries › Section V-4505 - State Voluntary Registry

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Eligibility Requirements for Registration. Only persons who meet the following
				  criteria shall be eligible for services of the Department of Health and Human
				  Resources Voluntary Adoption Registry:
1.
				  effective September 6, 1991, adoptees and birth parents may register in the
				  State Voluntary Register when the adoptee reaches 18 years of age;
2. the biological mother of the adopted
				  child;
3. the biological father of
				  the child if:
a. the father has signed a
				  voluntary release for the child's adoption in accordance with
				  R.S.
				  9:402 and
				  R.S. 9:422.3 et seq.;
				  or
b. the father has legitimated
				  the child as provided by law.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 6 - Adoptions › Chapter 47 - Adoption Services › Section V-4701 - Voluntary Surrender of a Child

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Persons who execute an act of legal surrender of a child to the Department of
				  Health and Human Resources shall execute therewith a written statement of
				  family history. That statement shall contain the following non-identifying
				  information, if known:
1. ages of the
				  biological parents; and
2. an
				  explicit and extensive medical genetic history of the biological parents and
				  their immediate families.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 6 - Adoptions › Chapter 49 - Adoption Subsidy Program › Section V-4901 - Subsidizing the Adoption of Children with Special Needs

Current through Register Vol. 50, No. 6, June 20, 2024
A. Overview of Program Purpose
1. The Subsidized Adoption Program enables
				  the Department of Social Services to make payments to adoptive parents on
				  behalf of a child who otherwise might not be adopted because of special needs
				  or circumstances. Subsidy payments shall be limited to a child(ren) for whom
				  adoption is indicated but placement through existing resources is unavailable
				  because of the child's physical or mental condition, race, age, membership in a
				  sibling group which should not be separated, or other serious impediments or
				  special needs. The adoption subsidy applies to a special needs child for whom
				  the Department of Social Services holds full and permanent custody prior to the
				  adoptive placement or to a special needs child, SSI or AFDC eligible, for whom
				  a private nonprofit agency holds custody and to nonrecurring adoption expenses
				  only for special needs children who are adopted independently. The adoption
				  laws of the state of Louisiana shall be adhered to, and the granting of a
				  subsidy shall not affect the legal status of the child nor the rights and
				  responsibilities of the adoptive parents.
2. The prospective adoptive family must meet
				  basic adoption eligibility requirements in all respects except for the ability
				  to assume complete financial responsibility for the child's care.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 6 - Adoptions › Chapter 51 - Adoption Petition Program › Section V-5101 - Certificate of Adoption in Private Adoptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any prospective adoptive parent in a
				  private adoption shall obtain a Certificate of Adoption prior to physically
				  receiving the child except when the child is the step-child, grandchild,
				  sibling, niece, or nephew of one of the prospective adopting parents.
B. Definitions
1.
Certificate of Adoption
-a
				  person who applies to adopt a child privately is certified as qualified to
				  adopt in accordance with the Louisiana Children's Code. A Certificate of
				  Adoption is valid a minimum of two years and a maximum of four years without an
				  update being required. A Certificate of Adoption can be revoked for just
				  cause.
2.
Any Prospective
				  Adoptive Parents
(in this Section)-any couple who is adopting any
				  child except persons who may petition for intrafamily adoption. The following
				  persons may petition for an intrafamily adoption:
a. a stepparent married to the parent of a
				  legitimate child;
b. a single
				  grandparent or married grandparents of a legitimate child when the child has
				  been in the grandparent's home for six months prior to the filing of a petition
				  for adoption.
When the spouse of the stepparent or one joint petitioner
					 dies after the petition has been filed, the adoption proceedings may continue
					 as though the survivor was a single original petitioner.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 6 - Adoptions › Chapter 51 - Adoption Petition Program › Section V-5103 - When the Petitioner Is the Stepparent of the Adoptee

Current through Register Vol. 50, No. 6, June 20, 2024
A. OHD/DES shall no longer provide a full
				  investigation and court report in stepparent adoptions unless so ordered by the
				  court. Henceforth, adoption petition workers shall investigate stepparent
				  adoptions only to the extent necessary. The investigation shall:
1. determine the availability of the child
				  for adoption; and
2. where the
				  child is age 13 or over, determine the circumstances of the child and his/her
				  attitude toward the adoption.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 6 - Adoptions › Chapter 51 - Adoption Petition Program › Section V-5105 - Intercountry Adoptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Department of Health and Human Resources, Office of Human Development, hereby
				  adopts Intercountry Adoptions Policy. This policy authorizes certain consenting
				  licensed private child placing agencies to conduct and certify the validity of
				  home studies; to contract with qualified professionals to complete home
				  studies; and to certify the validity of home studies completed by professionals
				  under contract with them to complete home studies; certifying to the U.S.
				  Immigration and Naturalization Service that the Louisiana prerequisite of a
				  valid home study has been completed as required before an intercountry adoption
				  can be consummated.
AUTHORITY NOTE:
					 Promulgated in accordance with the United States Immigration and Nationality
					 Act of 1952, as amended (Title 8, U.S.C. aliens and
					 nationality).
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 7 - Payment of Legal Fees in Child Protection Cases › Chapter 59 - Legal Representation of Children and Indigent Parents Pursuant to R.S. 46:460.21 › Section V-5901 - Implementation of New Statewide System of Legal Representation of Children and Indigent Parents

Current through Register Vol. 50, No. 6, June 20, 2024
A. Full
				  implementation of the new statewide system of legal representation of children
				  and indigent parents in child protection cases is effective July 1,
				  2010.
B. Pursuant to implementation
				  of the new statewide system consistent with the expedited implementation plan
				  unanimously approved by the Task Force on Legal Representation in Child
				  Protection Cases, the department will not pay for ad hoc legal representation
				  of children or indigent parents for services provided after June 30, 2010 or
				  services in new cases during the January 1 June 30, 2010 transition
				  period.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:460.21.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 7 - Payment of Legal Fees in Child Protection Cases › Chapter 59 - Legal Representation of Children and Indigent Parents Pursuant to R.S. 46:460.21 › Section V-5903 - DSS Final Payment to ad hoc Attorneys Appointed Prior to January 1, 2010

Current through Register Vol. 50, No. 6, June 20, 2024
A. Subject to
				  available funds pursuant to
				  R.S.
				  46:460.21, the department will pay properly
				  documented and authorized requests for payment of services of
ad
				  hoc
attorneys who were appointed to represent children and/or indigent
				  parents prior to January 1, 2010 and delivered services through June 30, 2010.
				  The department will not pay for legal representation services delivered to
				  children or indigent parents for
ad hoc
appointment made in
				  new cases on or after January 1, 2010. Attorneys shall follow the former
				  billing procedures when submitting requests for payment. To be considered for
				  payment, attorneys must submit properly documented and authorized requests for
				  payment to the department by July 16, 2010.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:460.21.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 67 - Maternity Home › Section V-6701 - Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A. There is an
				  annual licensure fee of $50.
AUTHORITY NOTE: Promulgated in accordance with
						R.S.
						36:477 and R.S. 46:1401-1424.
This Section has been moved from LAC
						67:I.1701.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 67 - Maternity Home › Section V-6704 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Penalties
1. All maternity homes, including facilities
				  owned or operated by any governmental, profit, nonprofit, private, or church
				  agency shall be licensed.
2. As
				  mandated by
				  R.S.
				  46:1421, whoever operates any child care
				  facility or child-placing agency as defined in
				  R.S.
				  46:1403, including any maternity home,
				  without a valid license issued by the department shall be fined not less than
				  $1,000 per day for each day of such offense.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 67 - Maternity Home › Section V-6705 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. An initial
				  application for licensing as a maternity home provider shall be obtained from
				  the department.
Department of Children and Family Services Licensing
Section
P.O. Box 260036
Baton Rouge, LA 70826
Phone: (225) 342-4350
Fax: (225) 219-4363
Web address:
www.dcfs.louisiana.gov
1. Prior to the initial license being issued
				  to a maternity home, an initial licensing inspection shall be conducted on-site
				  at the maternity home to ensure compliance with all licensing standards. No
				  resident or infant of a resident shall be provided services by the maternity
				  home until the initial licensing inspection has been performed, all
				  deficiencies cleared, requested information received, and the department has
				  issued an initial license. If the provider is in operation in violation of the
				  law, the licensing inspection shall not be conducted. In these instances, the
				  application shall be denied and DCFS shall pursue legal remedies.
2. Once the maternity home provider is
				  compliant with all licensing laws and standards, required statutes, ordinances,
				  rules, regulations, and fees, the department may issue a license to the
				  provider. The license shall be valid until the expiration date shown on the
				  license, unless the license is revoked or suspended. When a license is
				  modified, a new license shall be issued. The license with the most current
				  issue date supersedes all other licenses issued.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 67 - Maternity Home › Section V-6707 - Licensing Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  social services consultant of the division's staff will prepare a comprehensive
				  survey of the home's program, measuring performance in relation to requirements
				  and offering recommendations and suggestions in indicated areas. This report
				  will be made available to the facility for review of facts prior to submission
				  to the director of the Division of Licensing and Certification for a decision
				  on the license. A home has the right to appeal through the court if its license
				  is denied or revoked.
B. The
				  licensing report is held confidential by the division but must be released to
				  persons or courts upon request.
C.
				  A maternity home which is operated in conjunction with other programs subject
				  to license, such as child caring and/or child placing programs, shall obtain a
				  license for each of its programs.
D. The email address provided to the
				  Licensing Section on the licensing application is the official email address
				  unless the provider subsequently submits written notification of a change of
				  email address to the Licensing Section and the request is acknowledged as
				  received by licensing staff.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:477 and R.S.
					 46:1401-1424.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 67 - Maternity Home › Section V-6708 - General Provision

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Conditions for Participation in a Child-Related Business
1. Owners shall have a fingerprint-based
				  criminal background check through the Federal Bureau of Identification (FBI) on
				  file with the maternity home in accordance with R.S. 46:51.2 and
				  15:587.1.
a. This check shall be obtained prior to the
				  license being issued, the addition of a board member who meets the definition
				  of an owner, an individual being present on the premises, or an individual
				  having access to residents and/or infants of residents.
b. No person shall own, operate, or
				  participate in the management or governance of a maternity home until such
				  person has submitted his or her fingerprints through the FBI and it has been
				  determined that such person has not been convicted of, or pled guilty or
nolo contendere
to any crime listed in
				  R.S.
				  15:587.1(C).
c. No person who has been convicted of, or
				  pled guilty or nolo contendere to any offense included in
				  R.S.
				  15:587.1(C), shall own,
				  operate, or participate in the management or governance of a maternity
				  home.
d. Any owner or operator who
				  is convicted of, or pled guilty or nolo contendere to any crime listed in
				  R.S.
				  15:587.1(C) shall not
				  continue in the management or governance after such conviction, guilty plea, or
				  plea of nolo contendere.
e. Only
				  certified CBCs obtained by the individual for themselves from LSP are
				  transferable from one owner to another owner.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 67 - Maternity Home › Section V-6709 - Organization and Administration

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Purpose
1. There shall be a written statement
				  specifying the purpose of the maternity home. This statement shall be one which
				  has been adopted by the governing body. All functions of the maternity home
				  shall be stated in its charter, or articles, when the home operates under one
				  of these.
2. It shall be clear from
				  the practices of the home that the purposes for which it was declared to be
				  established are being met.
3. The
				  governing body shall adopt a supplementary statement of any new function which
				  is added to the program of the maternity home.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 67 - Maternity Home › Section V-6711 - Ethical Practices

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  following code of professional ethics shall be observed:
1. respect for the confidential nature of
				  information provided by expectant mother and other agencies. Divulging
				  identifying information about the expectant mother or her baby to anyone other
				  than professional social casework staff and judicial agencies is prohibited.
				  Information may be provided to other social casework staff and judicial
				  agencies only when necessary for planning for the mother or the baby's welfare.
				  Information about the mother may be given to other professional persons such as
				  physicians or attorneys with the mother's written permission. Honesty in all
				  dealing with expectant mothers, with other organizations and the public,
				  including the keeping of agreements made with each;
2. the fulfilling of any responsibility
				  accepted by the maternity home from courts of law;
3. utilizing funds for the stated purposes of
				  the maternity home;
4. honoring
				  contracts and prompt payment of bills.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 67 - Maternity Home › Section V-6712 - State Central Registry

Current through Register Vol. 50, No. 6, June 20, 2024
A. State
				  Central Registry Checks for Owners
1. Prior
				  to May 1, 2019, in accordance with
				  R.S.
				  46:1414.1, all owners and operators
				  affiliated with facility were required to have on file a state central registry
				  clearance form from child welfare stating that the owners/operators were not
				  listed on the state central registry. No person recorded on any states child
				  abuse and neglect registry with a justified (valid) finding of abuse or neglect
				  of a child shall be eligible to own, operate, or participate in the governance
				  of a maternity home.
a. When an individual is
				  listed on the licensing application or the Secretary of State's website as an
				  officer and does not have access to residents and/or infants of residents in
				  care or residents and/or infants of residents who receive services from the
				  provider and/or is not present at any time on the facility premises when
				  residents and/or infants of residents are present, a DCFS approved attestation
				  form signed and dated by the individual is acceptable in lieu of a State
				  Central Registry clearance. The attestation form shall be accepted for a period
				  of one year from the date individual signed attestation form.