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Regular Session, 2010
SENATE BILL NO. 57
BY SENATOR BROOME
CHILDREN. Creates the Council on the Status of Grandparents Raising Grandchildren.
(gov sig)
AN ACT1
To enact R.S. 36:478(L) and Chapter 64 of Title 46 of the Louisiana Revised Statutes of2
1950, to be comprised of R.S. 46:2901 through 2903, relative to public welfare and3
assistance; to create the Council on the Status of Grandparents Raising4
Grandchildren within the Department of Social Services; to provide for the5
membership of the council; to provide for the duties and responsibilities of the6
council; to provide for reporting requirements; to create the Status of Grandparents7
Raising Grandchildren Fund as a special fund in the state treasury; to provide for the8
deposit into and use of monies in the fund; to provide for an effective date; and to9
provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 36:478(L) is hereby enacted to read as follows:12
§478. Transfer of agencies and functions to Department of Social Services13
* * *14
L. The Council on the Status of Grandparents Raising Grandchildren15
is placed within the Department of Social Services and shall exercise and16
perform its powers, duties, functions, and responsibilities in the manner17 SB NO. 57
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provided for agencies transferred in accordance with the provisions of R.S.1
36:801.2
Section 2. Chapter 64 of Title 46 of the Louisiana Revised Statutes of 1950,3
comprised of R.S. 46:2901 through 2903, is hereby enacted to read as follows: 4
CHAPTER 64. COUNCIL ON THE STATUS OF GRANDPARENTS5
RAISING GRANDCHILDREN6
§2901. Council on the Status of Grandparents Raising Grandchildren7
A. There is hereby established the Council on the Status of Grandparents8
Raising Grandchildren, hereinafter referred to as the "council" within the9
Department of Social Services. The domicile of the council shall be in the parish10
of East Baton Rouge.11
B. The council shall be composed of the following members:12
(1) The secretary of the Department of Social Services, or his designee.13
(2) The secretary of the Department of Health and Hospitals, or his14
designee.15
(3) The superintendent of the Department of Education, or his designee.16
(4) The executive director of the Louisiana Workforce Commission, or17
his designee.18
(5) The deputy secretary of the Department of Public Safety and19
Corrections, Youth Services, office of juvenile justice.20
(6) A member of the Senate to be appointed by the president of the21
Senate.22
(7) A member of the House of Representatives to be appointed by the23
speaker of the House.24
(8) The executive director of the Governor's Office of Elderly Affairs,25
or his designee.26
(9) The executive director of the Children's Cabinet, or his designee.27
(10) The chairman of the Children's Cabinet Advisory Board, or his28
designee.29 SB NO. 57
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(11) One member representing and appointed by Agenda for Children.1
(12) The director of the Louisiana office of the Children's Defense Fund.2
(13) One member representing and appointed by Prevent Child Abuse3
Louisiana.4
(14) One member representing and appointed by the Louisiana5
Children's Trust Fund.6
(15) One member representing and appointed by the Louisiana7
Maternal and Child Health Coalition.8
(16) No fewer than three and no more than five citizens who have9
demonstrated a commitment to the rearing of grandchildren by grandparents,10
to be nominated by the secretary of the Department of Social Services and11
approved by the council.12
(17) One member representing and appointed by the National13
Association of Social Workers.14
(18) One member representing and appointed by the Louisiana Court-15
Appointed Special Advocate Association.16
(19) One member representing and appointed by the Louisiana Council17
of Juvenile and Family Court Judges.18
(20) One member representing and appointed by the Louisiana State19
Bar Association.20
C. Members of the council shall serve four-year terms and shall not21
receive any compensation or reimbursement of expenses. Each member of the22
council shall hold office until the appointment and qualification of his successor.23
Whenever a vacancy occurs in an appointed position, the vacancy shall be filled24
in the same manner and under the same terms and conditions as required for25
the original appointment.26
D. Meetings of the council shall be held in the city of Baton Rouge. At27
the first meeting each year the chairman and vice chairman of the council shall28
be appointed by the secretary of the Department of Social Services with the29 SB NO. 57
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consultation and approval of the council. The council may adopt such rules of1
procedure as are necessary to facilitate orderly conduct of its business.2
E. The council shall meet at least quarterly. Meetings shall be held on3
the call of the chairman or at the request of at least three members of the4
council. A majority of the council shall constitute a quorum for the transaction5
of business. All official actions of the council shall require the affirmative vote6
of a majority of the members.7
F. All departments, boards, agencies, officers, and institutions of the8
state and all subdivisions thereof shall cooperate with the council in carrying9
out its purposes pursuant to this Chapter.10
G. The council shall make, or cause to be made, all such studies, reviews,11
or analysis which it finds necessary to effect its purpose.12
H. The council may receive and expend funds appropriated or otherwise13
made available by the legislature or from any other source, including donations14
or gifts of money or services from public or private organizations or from any15
other sources, to be utilized for the purposes of the council and as further16
provided in R.S. 46:2903.17
§2902. Council; responsibilities and duties18
A. The council shall be a resource to the state on issues affecting19
grandparents raising grandchildren in the state. In furtherance of that20
responsibility, the council shall undertake efforts to provide for the following:21
(1) Foster unity among grandparents raising grandchildren22
communities and organizations in the state by promoting cooperation and23
sharing of information and encouraging collaboration and joint activities.24
(2) Serve as a liaison between government and private interest groups25
with regard to matters of unique interest and concern to grandparents raising26
grandchildren in the state.27
(3) Assess programs and practices in all state agencies as they affect28
grandparents raising grandchildren, as the council deems necessary and29 SB NO. 57
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appropriate.1
(4) Identify and discuss best practices as they affect grandparents2
raising grandchildren and explore how these practices can be adapted to3
programs and services being provided within the state.4
(5) Advise executive and legislative bodies of the potential effect of5
proposed legislation on grandparents raising grandchildren, as the council6
deems necessary and appropriate.7
(6) Investigate the merits of the establishment of a state agency or8
program within a department dedicated to grandparents' issues and determine9
how such agency or program would be set up.10
(7) Identify a system for educating grandparents who lack the11
appropriate information and resources regarding the care and custody of their12
grandchildren.13
(8) Identify issues that are faced by nonparent relatives providing14
primary care for children.15
B. The council shall issue its first annual report by March 1, 2011, and16
by January first each following year, stating the findings, conclusions, and17
recommendations of the council. The council shall submit the report to the18
governor, the president of the Senate, the speaker of the House of19
Representatives, and the chairmen of the committees with appropriate20
jurisdiction in the House of Representatives and in the Senate.21
§2903. Status of Grandparents Raising Grandchildren Fund22
A. There is hereby created in the state treasury, as a special fund, the23
Status of Grandparents Raising Grandchildren Fund, hereinafter referred to24
as the "fund".25
B.(1) The source of monies deposited into the fund shall be any monies26
appropriated annually by the legislature, including federal funds, any public or27
private donations, gifts, or grants from individuals, corporations, nonprofit28
organizations, or other business entities which may be made to the fund, and29 SB NO. 57
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any other monies which may be obtained or provided by law.1
(2) Monies in the fund shall be invested in the same manner as monies2
in the state general fund and interest earned on investment of monies in the3
fund shall be credited to the state general fund. Unexpended and4
unencumbered monies in the fund at the end of the fiscal year shall remain in5
the fund.6
C. Subject to an annual appropriation by the legislature, monies in the7
fund shall be used as directed by the council solely for the purposes set forth in8
this Chapter.9
Section 3. This Act shall become effective upon signature by the governor or, if not10
signed by the governor, upon expiration of the time for bills to become law without signature11
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If12
vetoed by the governor and subsequently approved by the legislature, this Act shall become13
effective on the day following such approval.14
The original instrument was prepared by Camille Sebastien Perry. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Nancy Vicknair.
DIGEST
Broome (SB 57)
Proposed law establishes the Council on the Status of Grandparents Raising Grandchildren,
within the Department of Social Services to be composed of the following members:
(1)The secretary of the Department of Social Services, or his designee.
(2)The secretary of the Department of Health and Hospitals, or his designee.
(3)The superintendent of the Department of Education, or his designee.
(4)The director of the Louisiana Workforce Commission, or his designee.
(5) The deputy secretary of the Department of Public Safety and Corrections, Youth
Services, office of juvenile justice.
(6)A member of the Senate to be appointed by the president of the Senate.
(7)A member of the House of Representatives to be appointed by the speaker of the
House.
(8)The executive director of the Governor's Office of Elderly Affairs or his designee.
(9)The executive director of the Children's Cabinet or his designee. SB NO. 57
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(10)The chairman of the Children's Cabinet Advisory Board or his designee.
(11)One member representing and appointed by Agenda for Children.
(12)The director of the Louisiana office of the Children's Defense Fund.
(13)One member representing and appointed by Prevent Child Abuse Louisiana.
(14)One member representing and appointed by the Louisiana Children's Trust Fund.
(15)One member representing and appointed by the Louisiana Maternal and Child Health
Coalition.
(16)No fewer than 3 and no more than 5 citizens who have demonstrated a commitment
to the rearing of grandchildren by grandparents to be nominated by the secretary of
the Department of Social Services and approved by the council.
(17)One member representing and appointed by the National Association of Social
Workers.
(18)One member representing and appointed by the Louisiana Court-Appointed Special
Advocate Association.
(19)One member representing and appointed by the Louisiana Council of Juvenile and
Family Court Judges.
(20)One member representing and appointed by the Louisiana State Bar Association.
Proposed lawrequires the appointment of a chairman and vice chairman by the secretary
of the Department of Social Services with the consultation and approval of the council at the
first meeting each year and authorizes the council to adopt such rules of procedure as are
necessary to facilitate orderly conduct of its business.
Proposed law requires that members serve four-year terms and they shall not receive any
compensation or reimbursement of expenses. Proposed law provides that the members are
to hold office until the appointment and qualification of his successor and a vacancy is to be
filled in the same manner and under the same terms and conditions as required for the
original appointment.
Proposed law provides that the domicile of the council shall be in East Baton Rouge Parish
and the meetings shall be held in the city of Baton Rouge. The council is required to meet
at least quarterly with such meetings to be held on the call of the chairman or at the request
of at least 3 members of the council.
Proposed law provides that a majority of the council shall constitute a quorum for the
transaction of business and all official actions of the council shall require the affirmative
vote of a majority of the members.
Proposed law requires all departments, boards, agencies, officers, and institutions of the state
and all subdivisions thereof to cooperate with the council in carrying out its purposes.
Proposed law requires the council to make, or cause to be made, all such studies, reviews,
or analysis which it finds necessary to effect its purpose and the council is authorized to
receive and expend funds appropriated or otherwise made available by the legislature or
from any other source, including donations or gifts of money or services from public or
private organizations or from any other sources, to be utilized for the purposes of the
council. SB NO. 57
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Proposed law provides that the council shall be a resource to the state on issues affecting
grandparents raising grandchildren in the state.
Proposed law requires the council to issue its first annual report by March 1, 2011, and by
January first each following year, stating the findings, conclusions, and recommendations
of the council. Such report shall be submitted to the governor, the president of the Senate,
the speaker of the House of Representatives, and the appropriate legislative committees.
Proposed law creates the Status of Grandparents Raising Grandchildren Fund in the state
treasury and provides that monies deposited into the fund be from monies appropriated
annually by the legislature, including federal funds, any public or private donations, gifts,
or grants from individuals, corporations, nonprofit organizations, or other business entities
which may be made to the fund, and any other monies which may be obtained or provided
by law.
Proposed law requires that monies in the fund be invested in the same manner as monies in
the state general fund and interest earned on investment of monies in the fund be credited
to the state general fund. Requires that any unexpended and unencumbered monies in the
fund at the end of the fiscal year remain in the fund.
Proposed law further requires that, subject to an annual appropriation by the legislature,
monies in the fund be used as directed by the council solely for the purposes set forth in
these provisions.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 36:478(L) and R.S. 46:2901- 2903)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Makes technical changes.