Page 1 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 257
BY SENATOR MOUNT AND REPRESENTATI VE KATZ
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) and2
(C)(1), 472, 473, 474(A)(8), (B)(1)(a)(i) and (b), 475, 475.1(A), (B) and (C), and 4773
and to repeal R.S. 36:474(E) and 476, relative to the Department of Social Services;4
to 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)(1),14
472, 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
For the purposes of this Title the following terms shall have the following18
meanings unless the context clearly indicates otherwise:19
* * *20
(4) "Deputy secretary" means the officer authorized to be appointed by the21
secretary to serve as his principal administrative assistant. For the Department of22
Public Safety and Corrections, the "deputy secretary for public safety services" and23
the "deputy secretary for corrections services" shall be the officers of the department24
appointed by the secretary to serve as the principal administrative assistants of the25
secretary and references in any provision of law to the deputy secretary, where26
reference is to a deputy secretary of the Department of Public Safety and27
Corrections, shall include these two officers. For the Louisiana Workforce28
ACT No. 877 SB NO. 257 ENROLLED
Page 2 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Commission, the "deputy executive director" shall mean the officer authorized by the1
executive director to serve as his principal administrative assistant. For the2
Department of Children and Family Services, "deputy secretary" means the3
officer appointed by the secretary to direct and be responsible for the functions4
of the division of programs and the division of operations within the office of5
children and family services.6
* * *7
(7) "Undersecretary" means the officer designated to direct and be8
responsible for the functions of the office of management and finance of certain9
departments. For the Louisiana Workforce Commission, the "chief financial officer"10
shall mean the officer designated to direct and be responsible for the functions of the11
office of management and finance. For the Department of Children and Family12
Services, "undersecretary" means the officer designated to direct and be13
responsible for the functions of the division of management and finance within14
the office of children and family services.15
§4. Structure of executive branch of state government16
A. In accordance with the provisions of Article IV, Section 1 and Article17
XIV, Section 6 of the Constitution of Louisiana, all offices, boards, commissions,18
agencies, and instrumentalities of the executive branch of state government, whether19
constitutional or statutory, and/or their functions, powers, duties, and responsibilities20
shall be allocated, either in the Act by which this Title was created or by legislation21
enacted subsequent thereto, within the departments listed in this Section, except as22
provided in Subsections B and C of this Section, and in order to comply with this23
constitutional mandate, the agencies of the executive branch of state government24
hereinafter enumerated, whether heretofore created by the constitution or by statute,25
and/or their functions, powers, duties, and responsibilities are allocated, in the26
manner hereinafter set forth in this Title, within the following designated27
departments:28
* * *29
(10) Department of Social Children and Family Services30 SB NO. 257 ENROLLED
Page 3 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
* * *1
§8. Fiscal oversight and program evaluation2
* * *3
E. As used in this Section, the following words shall have the following4
meanings unless the context clearly indicates otherwise:5
* * *6
(2) "Undersecretary" means the undersecretary of each department in the7
executive branch of state government, except "undersecretary" means the following8
in the case of the listed departments:9
* * *10
(d) For the Department of Social Children and Family Services, the11
secretary; however, for the purposes of Paragraph (A)(2) and Subsection D of this12
Section, "undersecretary" shall mean the undersecretary for the division office of13
management and finance for the department. In addition, for purposes of Paragraph14
(A)(5) of this Section, reports of problems related to budget, finances, or15
administration shall be the responsibility of the undersecretary as provided in16
Paragraph (A)(5) of this Section, and reports of problems related to programs and17
policy shall be the direct responsibility of the secretary. Any provision of this18
Section that requires the undersecretary to report to or inform the secretary shall not19
be applicable to the Department of Social Children and Family Services for any20
function or responsibility exercised by the secretary pursuant to this Subparagraph.21
* * *22
§9. Designation of certain organizational units; uniform terminology23
* * *24
C. (1) Each organizational unit which reports to the secretary, which is not25
an agency and is not within an office, shall be in the executive office of the secretary26
and shall be designated as follows:27
(1) (a) A unit which reports directly to the secretary shall be designated as a28
bureau.29
(2) (b) A subunit of a bureau shall be designated as a section.30 SB NO. 257 ENROLLED
Page 4 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(3) (c) A subunit of a section shall be designated as a unit.1
(2) For the Department of Children and Family Services, each2
organizational unit which reports to the secretary, which is not an agency and3
is not within the division of management and finance, the division of programs,4
or the division of operations, shall be in the executive division, and shall be5
designated as follows:6
(a) A unit which reports directly to the secretary shall be designated as7
a bureau.8
(b) A subunit of a bureau shall be designated as a section.9
(c) A subunit of a section shall be designated as a unit.10
* * *11
CHAPTER 10-A. DEPARTMENT OF SOCIAL CHILDREN AND FAMILY12
SERVICES13
§471. Department of Social Children and Family Services; creation; domicile;14
composition; purpose and functions15
A. The Department of Social Children and Family Services is created and16
shall be a body corporate with the power to sue and be sued. The domicile of the17
department shall be in Baton Rouge where it shall maintain its principal offices, but18
the secretary may maintain branch offices if he deems it in the best interest of the19
efficient administration of the department.20
B. The Department of Social Children and Family Services, through its21
office and officers, shall be responsible for the development and providing of social22
services and the improvement of social conditions for the citizens of Louisiana, and23
for the rehabilitation of handicapped persons for employment.24
C.(1) The Department of Social Children and Family Services shall be25
composed of the executive office of the secretary, the office of management and26
finance, the office of family support, the office of community services children and27
family services, and such other offices as shall be created by law.28
* * *29
§472. Officers of the department; compensation for one office only30 SB NO. 257 ENROLLED
Page 5 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
A. The officers of the department shall be the secretary, the undersecretary,1
the deputy secretary of programs and the deputy secretary of operations, if a2
deputy secretary is appointed, and assistant secretaries, each of whom shall be3
selected and shall perform functions as provided in this Title.4
B. No person serving as a secretary, deputy secretary, or undersecretary, or5
assistant secretary shall receive any additional salary from the state other than that6
salary which he receives by virtue of serving in any one of such offices. Any7
statewide elected official appointed to serve as a secretary, deputy secretary, or8
undersecretary, or assistant secretary shall not receive any additional salary from the9
state other than that salary which he receives as a statewide elected official.10
C. Notwithstanding any provision herein to the contrary, subject to approval11
of the governor, any person, including any statewide elected official, serving or12
appointed to serve as a secretary, deputy secretary, or undersecretary, or assistant13
secretary may receive additional compensation for part-time services rendered as an14
instructor in postsecondary educational institutions, or as a member of the National15
Guard.16
§473. Secretary of social children and family services17
There shall be a secretary of social children and family services, who shall18
be appointed by the governor with consent of the Senate and who shall serve at the19
pleasure of the governor at a salary fixed by the governor, which salary shall not20
exceed the amount approved for such position by the legislature while in session.21
The secretary shall serve as the executive head and chief administrative officer of the22
Department of Social Children and Family Services and shall have the23
responsibility for the policies of the department, except as otherwise provided by this24
Title, and for the administration, control, and operation of the functions, programs,25
and affairs of the department; provided that the secretary shall perform his functions26
under the general control and supervision of the governor.27
§474. Powers and duties of the secretary of the Department of Social Children and28
Family Services29
A. In addition to the functions, powers, and duties otherwise vested in the30 SB NO. 257 ENROLLED
Page 6 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
secretary by law, he shall:1
* * *2
(8) Provide for the ongoing merger and consolidation of the agencies and3
functions transferred to his department and when deemed necessary submit a report4
thereon to the governor and the legislature, which report shall accompany the budget5
statement which he submits under provisions of R.S. 39:45 39:33. Such report shall6
include a statement of the goals of the department and of the programs thereof and7
shall summarize the accomplishments of the department in meeting such goals and8
implementing such programs. The report shall also contain a specific statement of9
needed reorganization and consolidation plans for the department for the next year10
and shall include a report on the implementation of needed reorganization and11
consolidation plan for the previous year. Any report concerning reorganization shall12
specifically detail the extent to which the department has achieved any goals stated13
the previous year with respect to merger and consolidation of functions, abolition of14
agencies, consolidation of offices, elimination of job positions, and efficiency and15
economy in delivery of services. The report shall contain any recommendations with16
respect to reorganization which may require legislative action under the provisions17
of this Title. A copy of the report and recommended legislation shall also be18
submitted by the secretary to the presiding officer of both houses of the legislature.19
The presiding officer shall refer the report to the appropriate committee having20
jurisdiction of the subject matter as provided in the rules of the respective house.21
* * *22
B. The secretary shall have authority to:23
(1)(a) Except as otherwise specifically provided in R.S. 36:801 and R.S.24
36:803:25
(i) Employ, appoint, remove, assign, and promote such personnel as is26
necessary for the efficient administration of the executive office of the secretary27
department and the performance of its powers, duties, functions, and28
responsibilities and such other personnel, who are not assigned to an office, as may29
be necessary for the efficient administration of the department and for the30 SB NO. 257 ENROLLED
Page 7 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
performance of the responsibilities, powers, duties, and functions of agencies1
transferred to it;2
* * *3
(b) All of the above are to be accomplished in accordance with applicable4
civil service law, rules, and regulations, and with policies and rules of the5
Department of Social Children and Family Services, and all are subject to6
budgetary control and applicable laws.7
* * *8
§475. Deputy secretary secretaries9
There may be a deputy secretary of the department, who shall be appointed10
by the secretary with consent of the Senate and who shall serve at the pleasure of the11
secretary at a salary fixed by the secretary, which salary shall not exceed the amount12
approved for such position by the legislature while in session. The duties and13
functions of the deputy secretary shall be determined and assigned by the secretary.14
If appointed, he shall serve as acting secretary in the absence of the secretary.15
A. There shall be a deputy secretary of programs and a deputy secretary16
of operations, who shall be appointed by the secretary with consent of the17
Senate and who shall serve at the pleasure of the secretary at a salary fixed by18
the secretary, which salary shall not exceed the amount approved for such19
position by the legislature while in session. The deputy secretary of programs20
shall serve as acting secretary in the absence of the secretary.21
B. The deputy secretary of programs shall manage the division of22
programs and perform the duties and functions of the department related to23
program development and administration and development of rules and policies24
to govern the various programs of the office of children and family services.25
C. The deputy secretary of operations shall manage the division of26
operations and perform the duties and functions of the department related to27
the program service delivery for the various programs of the office of children28
and family services.29
§475.1. Undersecretary; functions; office division of management and finance30 SB NO. 257 ENROLLED
Page 8 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
A. There shall be an undersecretary of the Department of Social Children1
and Family Services, who shall be appointed by the governor with the consent of2
the Senate and who shall serve at the pleasure of the governor at a salary fixed by the3
governor, which salary shall not exceed the amount approved for such position by4
the legislature while in session. The undersecretary shall be directly responsible to5
the secretary and shall perform his functions under the supervision and control of the6
secretary.7
B. The undersecretary shall direct and be responsible for the functions of the8
division of management and finance, within the office of management and finance9
children and family services within the Department of Social Children and10
Family Services. In such capacity, he shall be responsible for accounting and budget11
control, procurement and contract management, data processing, personnel12
management, grants management, and facility construction and consulting services13
for the department and all of its offices, including all agencies transferred to the14
Department of Social Children and Family Services, except as otherwise15
specifically provided in this Title. He shall employ, appoint, remove, assign, and16
promote such personnel as is necessary for the efficient administration of the office17
of management and finance and the performance of its powers, duties, functions, and18
responsibilities, in accordance with applicable civil service laws, rules, and19
regulations, and with policies and rules of the department, all subject to budgetary20
control and applicable laws. The undersecretary shall exercise all powers and21
authority granted to him in this Title subject to the overall direction and control of22
the secretary.23
C. The duties and functions of the division of management and finance,24
within the office of management and finance children and family services and of25
the undersecretary shall be as provided in this Section and these duties and functions26
shall not be subject to change by the secretary, except that the undersecretary shall27
perform such additional duties and functions as are assigned by the secretary.28
* * *29
§477. Offices; purposes and functions30 SB NO. 257 ENROLLED
Page 9 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
A. The purposes for which the offices of children and family services of the1
Department of Social Children and Family Services are is created shall be set forth2
in this Section.3
B.(1) The office of family support children and family services shall4
perform the services of the state relating to public assistance programs to provide aid5
to dependent children and to adults, who due to age, disability, or infirmity, are6
unable to adequately meet their basic needs. It shall also administer the food stamp7
program, child support programs, establishment of paternity programs, disaster relief8
grant programs for individuals and families, and such other programs as assigned by9
the secretary. It shall also perform the functions of the state relating to licensing of10
day care centers. It shall also conduct disability and other client eligibility11
determinations, and may conduct medical assistance client eligibility determinations.12
The office is authorized to enter into interagency agreements with other state13
agencies to conduct eligibility determinations. The office shall provide for the14
public child welfare functions of the state including but not limited to15
prevention services which promote, facilitate, and support activities to prevent16
child abuse and neglect; child protective services; voluntary family17
strengthening and support services; making permanent plans for foster children18
and meeting their daily maintenance needs of food, shelter, clothing, necessary19
physical medical services, school supplies, and incidental personal needs; and20
adoption placement services for foster children freed for adoption. It shall also21
perform the functions of the state relating to the licensing of child care facilities22
that do not receive federal funds under Title XIX of the Social Security Act and23
day care centers and agencies. The office shall issue and monitor domestic24
violence services contracts.25
(2) After July 1, 1999, the office shall not provide for the administration of26
any program related to Aid to Families with Dependent Children, public assistance,27
or the food stamp program except as provided under the welfare reform program28
required in R.S. 36:474(G) if such program is adopted by the legislature.29
C.(1) The office of community services shall provide for the public child30 SB NO. 257 ENROLLED
Page 10 of 10
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
welfare functions of the state, including but not limited to prevention services which1
promote, facilitate, and support activities to prevent child abuse and neglect; child2
protective services; voluntary family strengthening and support services; making3
permanent plans for foster children and meeting their daily maintenance needs of4
food, shelter, clothing, necessary physical medical services, school supplies, and5
incidental personal needs; and adoption placement services for foster children freed6
for adoption. It shall also perform the functions of the state relating to licensing of7
child care facilities, other than daycare centers, that do not receive funds under Title8
XIX of the Social Security Act and agencies.9
(2) After July 1, 1999, the office shall not provide for the administration of10
any programs related to Aid to Families with Dependent Children, public assistance,11
or the food stamp program except as provided under the welfare reform program12
required in R.S. 36:474(G) if such program is adopted by the legislature.13
(3) The office of community services shall issue and monitor domestic14
violence services contracts.15
Section 2. R.S. 36:474(E) and 476 are hereby repealed in their entirety.16
Section 3. The Louisiana State Law Institute is hereby directed to change all17
references to the "Department of Social Services" to the "Department of Children and18
Family Services" and all references to either the "office of community services" or "the19
office of family support" to the "office of children and family services" throughout the20
Louisiana Revised Statutes of 1950.21
Section 4. This Act shall become effective on July 1, 2010.22
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: