SLS 10RS-840 ORIGINAL
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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. 323
BY SENATOR QUINN
CHILDREN. Provides relative to Dept. of Social Services and appearance in court of an
access and visitation attorney. (8/15/10)
AN ACT1
To amend and reenact R.S. 46:236.1.2(B)(2), relative to family and child support programs;2
to provide relative to the access and visitation program; to provide relative to the3
Department of Social Services; to provide for the standing of attorneys affiliated4
with the access and visitation program; to authorize attorneys affiliated with the5
access and visitation program to appear in court for certain purposes; to provide for6
the obtaining and enforcing of a court order for visitation; and to provide for related7
matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 46:236.1.2(B)(2) is hereby amended and reenacted to read as10
follows:11
ยง236.1.2. Family and child support programs; responsibilities12
* * *13
B. (1) * * *14
(2) The department is hereby authorized to develop and implement a15
program of access and visitation designed to support and facilitate noncustodial16
parent's access to and visitation of their children. The program may include17 SB NO. 323
SLS 10RS-840 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
mediation, counseling, education, development of parenting plans, visitation1
enforcement, and development of guidelines for visitation and alternative custody2
arrangements. The program should also encourage and enable both parents to stay3
emotionally involved with their child or children. Notwithstanding any provision4
of law to the contrary, an attorney affiliated with the access and visitation5
program shall have standing to appear in a court of competent jurisdiction for6
the limited purpose of obtaining and enforcing a court order for visitation.7
Nothing in this Paragraph shall create an attorney-client relationship between8
an attorney affiliated with the access and visitation program and any applicant9
for access and visitation services.10
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
Present law relative to the Dept. of Social Services provides that the department is
authorized to develop and implement a program of family support in certain cases, including
certain foster care and medicaid cases. Services may be provided to enforce, collect and
distribute support obligations, locate absent parents, establish paternity, and obtain and
modify family and child support orders, and medical support orders.
Present law further states that, as required by federal law, the department can provide the
above services to any individual including absent or noncustodial parents not otherwise
eligible for such services, upon receiving an application from such individual and upon
receiving any fee which may be assessed by the department for the services, regardless of
whether the individual has ever received public assistance and regardless of whether there
is a delinquency.
Present law further provides that the department is authorized to develop and implement a
program of access and visitation designed to support and facilitate noncustodial parents'
access to and visitation of their children. The program may include mediation, counseling,
education, development of parenting plans, visitation enforcement, and development of
guidelines for visitation and alternative custody arrangements. The program should also
encourage and enable both parents to stay emotionally involved with their child or children.
Proposed law retains present law. Adds that an attorney affiliated with the access and
visitation program shall have standing to appear in a court of competent jurisdiction for the
limited purpose of obtaining and enforcing a court order for visitation. Further provides that
nothing in proposed law shall create an attorney-client relationship between an attorney
affiliated with the access and visitation program and any applicant for access and visitation
services.
Effective August 15, 2010.
(Amends R.S. 46:236.1.2(B)(2))