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Regular Session, 2010
SENATE BILL NO. 257
BY SENATOR MOUNT
SOCIAL SERVICES DEPT. Reorganizes and renames the Department of Social Services.
(7/1/10)
AN ACT1
To amend and reenact R.S. 36:3(4) and (7), 4(A)(10), 8(E)(2)(d), 9(C), 471(A), (B) and (C),2
472, 473, 474(A)(8), (B)(1)(a)(i) and (b), 475, 475.1(A), (B) and (C), and 477 and3
to repeal R.S. 36:474(E) and 476, relative to the Department of Social Services; to4
rename the Department of Social Services the Department of Children and Family5
Services; to provide for the reorganization of the department; to provide for6
definitions; to provide for fiscal oversight and program evaluation; to provide for7
designation of certain organizational units; to provide for the composition of the8
department; to provide for the officers of the department; to provide for deputy9
secretaries; to provide for the undersecretary and the division of management and10
finance; to provide for the office of children and family services; and to provide for11
related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 36:3(4) and (7), 4(A)(10), 8(E)(2)(d), 9(C), 471(A), (B) and (C), 472,14
473, 474(A)(8), (B)(1)(a)(i) and (b), 475, 475.1(A), (B) and (C), and 477 are hereby15
amended and reenacted to read as follows:16
§3. Definitions17 SB NO. 257
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For the purposes of this Title the following terms shall have the following1
meanings unless the context clearly indicates otherwise:2
* * *3
(4) "Deputy secretary" means the officer authorized to be appointed by the4
secretary to serve as his principal administrative assistant. For the Department of5
Public Safety and Corrections, the "deputy secretary for public safety services" and6
the "deputy secretary for corrections services" shall be the officers of the department7
appointed by the secretary to serve as the principal administrative assistants of the8
secretary and references in any provision of law to the deputy secretary, where9
reference is to a deputy secretary of the Department of Public Safety and10
Corrections, shall include these two officers. For the Louisiana Workforce11
Commission, the "deputy executive director" shall mean the officer authorized by the12
executive director to serve as his principal administrative assistant. For the13
Department of Children and Family Services, "deputy secretary" means the14
officer appointed by the secretary to direct and be responsible for the functions15
of the division of programs and the division of operations within the office of16
children and family services.17
* * *18
(7) "Undersecretary" means the officer designated to direct and be19
responsible for the functions of the office of management and finance of certain20
departments. For the Louisiana Workforce Commission, the "chief financial officer"21
shall mean the officer designated to direct and be responsible for the functions of the22
office of management and finance. For the Department of Children and Family23
Services, "undersecretary" means the officer designated to direct and be24
responsible for the functions of the division of management and finance within25
the office of children and family services.26
§4. Structure of executive branch of state government27
A. In accordance with the provisions of Article IV, Section 1 and Article28
XIV, Section 6 of the Constitution of Louisiana, all offices, boards, commissions,29 SB NO. 257
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agencies, and instrumentalities of the executive branch of state government, whether1
constitutional or statutory, and/or their functions, powers, duties, and responsibilities2
shall be allocated, either in the Act by which this Title was created or by legislation3
enacted subsequent thereto, within the departments listed in this Section, except as4
provided in Subsections B and C of this Section, and in order to comply with this5
constitutional mandate, the agencies of the executive branch of state government6
hereinafter enumerated, whether heretofore created by the constitution or by statute,7
and/or their functions, powers, duties, and responsibilities are allocated, in the8
manner hereinafter set forth in this Title, within the following designated9
departments:10
* * *11
(10) Department of Social Children and Family Services12
* * *13
§8. Fiscal oversight and program evaluation14
* * *15
E. As used in this Section, the following words shall have the following16
meanings unless the context clearly indicates otherwise:17
* * *18
(2) "Undersecretary" means the undersecretary of each department in the19
executive branch of state government, except "undersecretary" means the following20
in the case of the listed departments:21
* * *22
(d) For the Department of Social Children and Family Services, the23
secretary; however, for the purposes of Paragraph (A)(2) and Subsection D of this24
Section, "undersecretary" shall mean the undersecretary for the division office of25
management and finance for the department. In addition, for purposes of Paragraph26
(A)(5) of this Section, reports of problems related to budget, finances, or27
administration shall be the responsibility of the undersecretary as provided in28
Paragraph (A)(5) of this Section, and reports of problems related to programs and29 SB NO. 257
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policy shall be the direct responsibility of the secretary. Any provision of this1
Section that requires the undersecretary to report to or inform the secretary shall not2
be applicable to the Department of Social Children and Family Services for any3
function or responsibility exercised by the secretary pursuant to this Subparagraph.4
* * *5
§9. Designation of certain organizational units; uniform terminology6
* * *7
C. (1) Each organizational unit which reports to the secretary, which is not8
an agency and is not within an office, shall be in the executive office of the secretary9
and shall be designated as follows:10
(1) (a) A unit which reports directly to the secretary shall be designated as a11
bureau.12
(2) (b) A subunit of a bureau shall be designated as a section.13
(3) (c) A subunit of a section shall be designated as a unit.14
(2) For the Department of Children and Family Services, each15
organizational unit which reports to the secretary, which is not an agency and16
is not within the division of management and finance, the division of programs,17
or the division of operations, shall be in the executive division, and shall be18
designated as follows:19
(a) A unit which reports directly to the secretary shall be designated as20
a bureau.21
(b) A subunit of a bureau shall be designated as a section.22
(c) A subunit of a section shall be designated as a unit.23
* * *24
CHAPTER 10-A. DEPARTMENT OF SOCIAL CHILDREN AND FAMILY25
SERVICES26
§471. Department of Social Children and Family Services; creation; domicile;27
composition; purpose and functions28
A. The Department of Social Children and Family Services is created and29 SB NO. 257
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shall be a body corporate with the power to sue and be sued. The domicile of the1
department shall be in Baton Rouge where it shall maintain its principal offices, but2
the secretary may maintain branch offices if he deems it in the best interest of the3
efficient administration of the department.4
B. The Department of Social Children and Family Services, through its5
office and officers, shall be responsible for the development and providing of social6
services and the improvement of social conditions for the citizens of Louisiana, and7
for the rehabilitation of handicapped persons for employment.8
C.(1) The Department of Social Children and Family Services shall be9
composed of the executive office of the secretary, the office of management and10
finance, the office of family support, the office of community services children and11
family services, and such other offices as shall be created by law.12
* * *13
§472. Officers of the department; compensation for one office only14
A. The officers of the department shall be the secretary, the undersecretary,15
the deputy secretary of programs and the deputy secretary of operations, if a16
deputy secretary is appointed, and assistant secretaries, each of whom shall be17
selected and shall perform functions as provided in this Title.18
B. No person serving as a secretary, deputy secretary, or undersecretary, or19
assistant secretary shall receive any additional salary from the state other than that20
salary which he receives by virtue of serving in any one of such offices. Any21
statewide elected official appointed to serve as a secretary, deputy secretary, or22
undersecretary, or assistant secretary shall not receive any additional salary from the23
state other than that salary which he receives as a statewide elected official.24
C. Notwithstanding any provision herein to the contrary, subject to approval25
of the governor, any person, including any statewide elected official, serving or26
appointed to serve as a secretary, deputy secretary, or undersecretary, or assistant27
secretary may receive additional compensation for part-time services rendered as an28
instructor in postsecondary educational institutions, or as a member of the National29 SB NO. 257
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Guard.1
§473. Secretary of social children and family services2
There shall be a secretary of social children and family services, who shall3
be appointed by the governor with consent of the Senate and who shall serve at the4
pleasure of the governor at a salary fixed by the governor, which salary shall not5
exceed the amount approved for such position by the legislature while in session.6
The secretary shall serve as the executive head and chief administrative officer of the7
Department of Social Children and Family Services and shall have the8
responsibility for the policies of the department, except as otherwise provided by this9
Title, and for the administration, control, and operation of the functions, programs,10
and affairs of the department; provided that the secretary shall perform his functions11
under the general control and supervision of the governor.12
§474. Powers and duties of the secretary of the Department of Social Children and13
Family Services14
A. In addition to the functions, powers, and duties otherwise vested in the15
secretary by law, he shall:16
* * *17
(8) Provide for the ongoing merger and consolidation of the agencies and18
functions transferred to his department and when deemed necessary submit a report19
thereon to the governor and the legislature, which report shall accompany the budget20
statement which he submits under provisions of R.S. 39:45 39:33. Such report shall21
include a statement of the goals of the department and of the programs thereof and22
shall summarize the accomplishments of the department in meeting such goals and23
implementing such programs. The report shall also contain a specific statement of24
needed reorganization and consolidation plans for the department for the next year25
and shall include a report on the implementation of needed reorganization and26
consolidation plan for the previous year. Any report concerning reorganization shall27
specifically detail the extent to which the department has achieved any goals stated28
the previous year with respect to merger and consolidation of functions, abolition of29 SB NO. 257
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agencies, consolidation of offices, elimination of job positions, and efficiency and1
economy in delivery of services. The report shall contain any recommendations with2
respect to reorganization which may require legislative action under the provisions3
of this Title. A copy of the report and recommended legislation shall also be4
submitted by the secretary to the presiding officer of both houses of the legislature.5
The presiding officer shall refer the report to the appropriate committee having6
jurisdiction of the subject matter as provided in the rules of the respective house.7
* * *8
B. The secretary shall have authority to:9
(1)(a) Except as otherwise specifically provided in R.S. 36:801 and R.S.10
36:803:11
(i) Employ, appoint, remove, assign, and promote such personnel as is12
necessary for the efficient administration of the executive office of the secretary13
department and the performance of its powers, duties, functions, and14
responsibilities and such other personnel, who are not assigned to an office, as may15
be necessary for the efficient administration of the department and for the16
performance of the responsibilities, powers, duties, and functions of agencies17
transferred to it;18
* * *19
(b) All of the above are to be accomplished in accordance with applicable20
civil service law, rules, and regulations, and with policies and rules of the21
Department of Social Children and Family Services, and all are subject to22
budgetary control and applicable laws.23
* * *24
§475. Deputy secretary secretaries25
There may be a deputy secretary of the department, who shall be appointed26
by the secretary with consent of the Senate and who shall serve at the pleasure of the27
secretary at a salary fixed by the secretary, which salary shall not exceed the amount28
approved for such position by the legislature while in session. The duties and29 SB NO. 257
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functions of the deputy secretary shall be determined and assigned by the secretary.1
If appointed, he shall serve as acting secretary in the absence of the secretary.2
A. There shall be a deputy secretary of programs and a deputy secretary3
of operations, who shall be appointed by the secretary with consent of the4
Senate and who shall serve at the pleasure of the secretary at a salary fixed by5
the secretary, which salary shall not exceed the amount approved for such6
position by the legislature while in session. The deputy secretary of programs7
shall serve as acting secretary in the absence of the secretary.8
B. The deputy secretary of programs shall manage the division of9
programs and perform the duties and functions of the department related to10
program development and administration and development of rules and policy11
to govern the various programs of the office of children and family services.12
C. The deputy secretary of operations shall manage the division of13
operations and perform the duties and functions of the department related to14
the program service delivery for the various programs of the office of children15
and family services.16
§475.1. Undersecretary; functions; office division of management and finance17
A. There shall be an undersecretary of the Department of Social Children18
and Family Services, who shall be appointed by the governor with the consent of19
the Senate and who shall serve at the pleasure of the governor at a salary fixed by the20
governor, which salary shall not exceed the amount approved for such position by21
the legislature while in session. The undersecretary shall be directly responsible to22
the secretary and shall perform his functions under the supervision and control of the23
secretary.24
B. The undersecretary shall direct and be responsible for the functions of the25
division of management and finance, within the office of management and finance26
children and family services within the Department of Social Children and27
Family Services. In such capacity, he shall be responsible for accounting and budget28
control, procurement and contract management, data processing, personnel29 SB NO. 257
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management, grants management, and facility construction and consulting services1
for the department and all of its offices, including all agencies transferred to the2
Department of Social Children and Family Services, except as otherwise3
specifically provided in this Title. He shall employ, appoint, remove, assign, and4
promote such personnel as is necessary for the efficient administration of the office5
of management and finance and the performance of its powers, duties, functions, and6
responsibilities, in accordance with applicable civil service laws, rules, and7
regulations, and with policies and rules of the department, all subject to budgetary8
control and applicable laws. The undersecretary shall exercise all powers and9
authority granted to him in this Title subject to the overall direction and control of10
the secretary.11
C. The duties and functions of the division of management and finance,12
within the office of management and finance children and family services and of13
the undersecretary shall be as provided in this Section and these duties and functions14
shall not be subject to change by the secretary, except that the undersecretary shall15
perform such additional duties and functions as are assigned by the secretary.16
* * *17
§477. Offices; purposes and functions18
A. The purposes for which the offices of children and family services of the19
Department of Social Children and Family Services are is created shall be set forth20
in this Section.21
B.(1) The office of family support children and family services shall22
perform the services of the state relating to public assistance programs to provide aid23
to dependent children and to adults, who due to age, disability, or infirmity, are24
unable to adequately meet their basic needs. It shall also administer the food stamp25
program, child support programs, establishment of paternity programs, disaster relief26
grant programs for individuals and families, and such other programs as assigned by27
the secretary. It shall also perform the functions of the state relating to licensing of28
day care centers. It shall also conduct disability and other client eligibility29 SB NO. 257
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determinations, and may conduct medical assistance client eligibility determinations.1
The office is authorized to enter into interagency agreements with other state2
agencies to conduct eligibility determinations. The office shall provide for the3
public child welfare functions of the state, including but not limited to4
prevention services which promote, facilitate, and support activities to prevent5
child abuse and neglect; child protective services; voluntary family6
strengthening and support services; making permanent plans for foster children7
and meeting their daily maintenance needs of food, shelter, clothing, necessary8
physical medical services, school supplies, and incidental personal needs; and9
adoption placement services for foster children freed for adoption. It shall also10
perform the functions of the state relating to the licensing of child care facilities11
that do not receive federal funds under Title XIX of the Social Security Act and12
day care centers and agencies. The office shall issue and monitor domestic13
violence services contracts.14
(2) After July 1, 1999, the office shall not provide for the administration of15
any program related to Aid to Families with Dependent Children, public assistance,16
or the food stamp program except as provided under the welfare reform program17
required in R.S. 36:474(G) if such program is adopted by the legislature.18
C.(1) The office of community services shall provide for the public child19
welfare functions of the state, including but not limited to prevention services which20
promote, facilitate, and support activities to prevent child abuse and neglect; child21
protective services; voluntary family strengthening and support services; making22
permanent plans for foster children and meeting their daily maintenance needs of23
food, shelter, clothing, necessary physical medical services, school supplies, and24
incidental personal needs; and adoption placement services for foster children freed25
for adoption. It shall also perform the functions of the state relating to licensing of26
child care facilities, other than daycare centers, that do not receive funds under Title27
XIX of the Social Security Act and agencies.28
(2) After July 1, 1999, the office shall not provide for the administration of29 SB NO. 257
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any programs related to Aid to Families with Dependent Children, public assistance,1
or the food stamp program except as provided under the welfare reform program2
required in R.S. 36:474(G) if such program is adopted by the legislature.3
(3) The office of community services shall issue and monitor domestic4
violence services contracts.5
Section 2. R.S. 36:474(E) and 476 are hereby repealed in their entirety.6
Section 3. The Louisiana State Law Institute is hereby directed to change all7
references to the "Department of Social Services" to the "Department of Children and8
Family Services" and all references to either the "office of community services" or "the9
office of family support" to the "office of children and family services" throughout the10
Louisiana Revised Statutes of 1950.11
Section 4. This Act shall become effective on July 1, 2010.12
The original instrument was prepared by Greg Waddell. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Linda Nugent.
DIGEST
Mount (SB 257)
Present law provides that Department of Social Services shall consist of the following
offices:
(1)The office of community services.
(2)The office of family support.
(3)The office of management and finance.
Proposed law changes the name of the Department of Social Services to the Department of
Children and Family Services.
Proposed law consolidates the offices provided for in present law into the office of children
and family services.
Proposed law provides for two deputy secretaries who are appointed by the governor to
direct and be responsible for the functions of the division of programs and the division of
operations within the office of children and family services.
Present law provides for an undersecretary to direct and be responsible for the office of
management and finance.
Proposed law retains the provision for an undersecretary but directs that the position be
responsible for the functions of the division of management and finance within the office of
children and family services. SB NO. 257
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Proposed law provides that the office of children and family services shall perform the
following functions and services:
(1)Public assistance programs to provide aid to dependent children and to adults, who
due to age, disability, or infirmity, are unable to adequately meet their basic needs.
(2)The administration of the food stamp program, child support programs,
establishment of paternity programs, disaster relief grant programs for individuals
and families, and such other programs as assigned by the secretary.
(3)The public child welfare functions of the state, including but not limited to
prevention services which promote, facilitate, and support activities to prevent child
abuse and neglect; child protective services; voluntary family strengthening and
support services; making permanent plans for foster children and meeting their daily
maintenance needs of food, shelter, clothing, necessary physical medical services,
school supplies, and incidental personal needs; and adoption placement services for
foster children freed for adoption.
(4)Functions of the state relating to the licensing of child care facilities that do not
receive federal funds under Title XIX of the Social Security Act and day care centers
and agencies and issue and monitor domestic violence services contracts.
Proposed law directs the Louisiana State Law Institute to change all references to the
"Department of Social Services" to the "Department of Children and Family Services" and
all references to the "office of community services" or "the office of family support" to the
"office of children and family services" throughout the Revised Statutes.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 36:3(4) and (7), 4(A)(10), 8(E)(2)(d), 9(C), 471(A), (B) and (C), 472, 473,
474(A)(8), (B)(1)(a)(i) and (b), 475, 475.1(A), (B) and (C), and 477; repeals R.S. 36:474(E)
and 476)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Changes the act's effective date from upon signature of the governor to July
1, 2010.
2. Technical changes.