Provides relative to Dept. of Social Services and appearance in court of an access and visitation attorney. (8/15/10)
Impact
The implications of SB 323 for state law are significant, as it formalizes the role of attorneys in enforcing access and visitation agreements. By allowing these attorneys to appear in court, the bill strengthens the legal framework governing parental rights and creates a more structured approach to visitation enforcement. This move is expected to streamline legal processes for noncustodial parents seeking to ensure their right to visit their children, and may help reduce the instances where such rights are contested outside of judicial settings.
Summary
Senate Bill 323, introduced by Senator Quinn, aims to amend existing legislation related to the Department of Social Services by enhancing the access and visitation support for noncustodial parents. Specifically, the bill authorizes attorneys affiliated with the access and visitation program to represent noncustodial parents in court for obtaining and enforcing visitation and child support orders. This development is an essential step in facilitating the emotional involvement of both parents in the upbringing of their children, as it supports noncustodial parents' rights and responsibilities regarding visitation.
Sentiment
The general sentiment surrounding SB 323 appears to be positive, particularly among advocates for noncustodial parents' rights. Supporters argue that the bill addresses the often-overlooked needs of noncustodial parents, aiming to create a fairer and more equitable process for maintaining relationships with their children. However, the bill may also raise concerns among those who fear that legal representation in such matters could lead to increased litigation and potential adversarial relationships between parents.
Contention
Notable points of contention may arise regarding the provision that establishes no attorney-client relationship between the attorney and the applicants for access and visitation services. This aspect could lead to discussions on accountability and the efficacy of these attorneys, as noncustodial parents may question the level of advocacy and support provided under such an arrangement. The balance between facilitating access and protecting the interests of children and both parents will be critical in the discussions surrounding the bill.
Requests the legislative auditor to examine the allocation of funds provided to the Dept. of Children and Family Services relative to furthering access to visitation
Provides for the transfer of functions of La. Rehabilitation Services from the Dept. of Social Services to the La. Workforce Commission and the Dept. of Health and Hospitals (EN +$100,000 SD EX See Note)
Abolishes the Department of Health and Hospitals and the Department of Social Services and creates the Department of Health and Social Services (OR DECREASE GF EX See Note)
Abolishes the Department of Health and Hospitals and the Department of Children and Family Services and creates the Department of Health and Social Services (OR DECREASE GF EX See Note)