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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 196
BY SENATOR MOUNT
CHILDREN. Expands the definition of a child placing agency and exempts from licensure
child-placing agencies owned and operated by the Department of Social Services. (10/1/10)
AN ACT1
To amend and reenact R.S. 46:1403(A)(2) and 1404(B) and to enact R.S. 46:1403(A)(11)2
and to repeal Chapter 15 of Title 46 of the Louisiana Revised Statutes of 1950,3
comprised of R.S. 46:1451 through 1459, relative to child-placing agencies; to4
expand the definition of a child-placing agency; to provide for licensure of5
transitional youth residences as child-placing agencies; to provide an exemption to6
licensure of child-placing agencies operated by the Department of Social Services;7
and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 46:1403(A)(2) and 1404(B) are hereby amended and reenacted and10
R.S. 46:1403(A)(11) is hereby enacted to read as follows:11
§1403. Definitions12
A. As used in this Chapter, the following definitions shall apply unless the13
context clearly states otherwise:14
* * *15
(2) "Child-placing agency" means any institution, society, agency,16
corporation, facility, person or persons, or any other group engaged in placing17 SB NO. 196
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
children in foster homes or with substitute parents for temporary care or for1
adoption, or engaged in assisting or facilitating the adoption of children, or engaged2
in placing youth in transitional placing programs, but shall not mean a person3
who may occasionally refer children for temporary care.4
* * *5
(11) "Youth" means a person not less than sixteen years of age nor older6
than twenty-one years of age.7
* * *8
§1404. Requirement of licensure9
* * *10
B. The office of community services within the Department of Social11
Services shall be licensed by the office of family support within the Department of12
Social Services and shall perform its child-placing functions in accordance with the13
established standards or certifications for licensed child-placing agencies. Child-14
placing agencies within the Department of Social Services shall be exempt from15
the provisions of this Chapter. The department is authorized and mandated to16
perform its child-placing functions in accordance with the standards17
promulgated by the department for licensed child-placing agencies.18
Section 2. Chapter 15 of Title 46 of the Louisiana Revised Statutes of 1950,19
comprised of R.S. 46:1451 through 1459, is hereby repealed in its entirety.20
Section 3. All transitional youth residences which were licensed on the effective date21
of this Act shall be issued licenses as child-placing agencies on the effective date of this Act.22
Section 4. This Act shall become effective on October 1, 2010.23
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Greg Waddell.
DIGEST
Present law provides for the definition of a "child-placing agency" as any institution, society,
agency, corporation, facility, person or persons, or any other group engaged in placing
children in foster homes or with substitute parents for temporary care or for adoption, or
engaged in assisting or facilitating the adoption of children, but shall not mean a person who
may occasionally refer children for temporary care. SB NO. 196
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law retains present law and expands the definition to include any institution,
society, agency, corporation, facility, person or persons, or any other group engaged in
placing youth in transitional placing programs.
Present law provides that the office of community services within the DSS shall be licensed
by the office of family support within the DSS and shall perform its child-placing functions
in accordance with the established standards or certifications for licensed child-placing
agencies.
Proposed law repeals present law and provides that child-placing agencies within the DSS
shall be exempt from the provisions of present law. Proposed law further provides that DSS
shall perform its child placing functions in accordance with the standards promulgated by
the department for licensed child placing agencies.
Present law requires that all transitional youth residences shall be licensed before beginning
operation.
Proposed law repeals present law and requires that any institution, society, agency,
corporation, facility, person or persons, or any other group engaged in placing youth in
transitional placing programs be licensed as a child-placing facility.
Present law provides for fees, inspections, complaint procedures, renewals of a license, and
penalties for operation without a license for transitional youth residences.
Proposed law repeals present law.
Effective October 1, 2010.
(Amends R.S. 46:1403(A)(2) and 1404(B); adds R.S. 46:1403(A)(11); repeals R.S. 46:1451 -
1459)