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Regular Session, 2010 ENROLLED
SENATE BILL NO. 57
BY SENATOR BROOME AND REPRESENTATI VES AUSTIN BADON, BALDONE,
BARROW, HENRY BURNS, CORTEZ, GISCLAIR, HARRISON,
HONORE, JOHNSON, ROSALIND JONES, LEGER, MILLS,
MORENO, NORTON, RITCHIE, JANE SMITH, ST. GERMAIN,
STIAES, THIERRY AND WILLMOTT
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
provided for agencies transferred in accordance with the provisions of R.S.18
36:801.19
Section 2. Chapter 64 of Title 46 of the Louisiana Revised Statutes of 1950,20
comprised of R.S. 46:2901 through 2903, is hereby enacted to read as follows: 21
CHAPTER 64. COUNCIL ON THE STATUS OF GRANDPARENTS22
RAISING GRANDCHILDREN23
§2901. Council on the Status of Grandparents Raising Grandchildren24
A. There is hereby established the Council on the Status of Grandparents25
ACT No. 867 SB NO. 57 ENROLLED
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Raising Grandchildren, hereinafter referred to as the "council" within the1
Department of Social Services. The domicile of the council shall be in the parish2
of East Baton Rouge.3
B. The council shall be composed of the following members:4
(1) The secretary of the Department of Social Services, or his designee.5
(2) The secretary of the Department of Health and Hospitals, or his6
designee.7
(3) The superintendent of the Department of Education, or his designee.8
(4) The executive director of the Louisiana Workforce Commission, or9
his designee.10
(5) The deputy secretary of the Department of Public Safety and11
Corrections, Youth Services, office of juvenile justice.12
(6) A member of the Senate to be appointed by the president of the13
Senate.14
(7) A member of the House of Representatives to be appointed by the15
speaker of the House of Representatives.16
(8) The executive director of the Governor's Office of Elderly Affairs,17
or his designee.18
(9) The executive director of the Children's Cabinet, or his designee.19
(10) The chairman of the Children's Cabinet Advisory Board, or his20
designee.21
(11) One member representing and appointed by Agenda for Children.22
(12) The director of the Louisiana office of the Children's Defense Fund23
or his designee.24
(13) One member representing and appointed by Prevent Child Abuse25
Louisiana.26
(14) One member representing and appointed by the Louisiana27
Children's Trust Fund.28
(15) One member representing and appointed by the Louisiana29
Maternal and Child Health Coalition.30 SB NO. 57 ENROLLED
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(16) No fewer than three and no more than five citizens who have1
demonstrated a commitment to the rearing of grandchildren by grandparents,2
to be nominated by the secretary of the Department of Social Services and3
approved by the council.4
(17) One member representing and appointed by the National5
Association of Social Workers.6
(18) One member representing and appointed by the Louisiana Court-7
Appointed Special Advocate Association.8
(19) One member representing and appointed by the Louisiana Council9
of Juvenile and Family Court Judges.10
(20) One member representing and appointed by the Louisiana State11
Bar Association.12
C. Members of the council shall serve four-year terms and shall not13
receive any compensation or reimbursement of expenses. Each member of the14
council shall hold office until the appointment and qualification of his successor.15
Whenever a vacancy occurs in an appointed position, the vacancy shall be filled16
in the same manner and under the same terms and conditions as required for17
the original appointment.18
D. Meetings of the council shall be held in the city of Baton Rouge. At19
the first meeting each year the chairman and vice chairman of the council shall20
be appointed by the secretary of the Department of Social Services with the21
consultation and approval of the council. The council may adopt such rules of22
procedure as are necessary to facilitate orderly conduct of its business.23
E. The council shall meet at least quarterly. Meetings shall be held on24
the call of the chairman or at the request of at least three members of the25
council. A majority of the council shall constitute a quorum for the transaction26
of business. All official actions of the council shall require the affirmative vote27
of a majority of the members.28
F. All departments, boards, agencies, officers, and institutions of the29
state and all subdivisions thereof shall cooperate with the council in carrying30 SB NO. 57 ENROLLED
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out its purposes pursuant to this Chapter.1
G. The council shall make, or cause to be made, all such studies, reviews,2
or analyses which it finds necessary to effect its purpose.3
H. The council may receive and expend funds appropriated or otherwise4
made available by the legislature or from any other source, including donations5
or gifts of money or services from public or private organizations or from any6
other sources, to be utilized for the purposes of the council and as further7
provided in R.S. 46:2903.8
§2902. Council; responsibilities and duties9
A. The council shall be a resource to the state on issues affecting10
grandparents raising grandchildren in the state. In furtherance of that11
responsibility, the council shall undertake efforts to provide for the following:12
(1) Foster unity among grandparents raising grandchildren13
communities and organizations in the state by promoting cooperation and14
sharing of information and encouraging collaboration and joint activities.15
(2) Serve as a liaison between government and private interest groups16
with regard to matters of unique interest and concern to grandparents raising17
grandchildren in the state.18
(3) Assess programs and practices in all state agencies as they affect19
grandparents raising grandchildren, as the council deems necessary and20
appropriate.21
(4) Identify and discuss best practices as they affect grandparents22
raising grandchildren and explore how these practices can be adapted to23
programs and services being provided within the state.24
(5) Advise executive and legislative bodies of the potential effect of25
proposed legislation on grandparents raising grandchildren, as the council26
deems necessary and appropriate.27
(6) Investigate the merits of the establishment of a state agency or28
program within a department dedicated to grandparents' issues and determine29
how such agency or program would be set up.30 SB NO. 57 ENROLLED
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(7) Identify a system for educating grandparents who lack the1
appropriate information and resources regarding the care and custody of their2
grandchildren.3
(8) Identify issues that are faced by nonparent relatives providing4
primary care for children.5
B. The council shall issue its first annual report by March 1, 2011, and6
by January first each following year, stating the findings, conclusions, and7
recommendations of the council. The council shall submit the report to the8
governor, the president of the Senate, the speaker of the House of9
Representatives, and the chairmen of the committees with appropriate10
jurisdiction in the House of Representatives and in the Senate.11
§2903. Status of Grandparents Raising Grandchildren Fund12
A. There is hereby created in the state treasury, as a special fund, the13
Status of Grandparents Raising Grandchildren Fund, hereinafter referred to14
as the "fund".15
B.(1) The source of monies deposited into the fund shall be any monies16
appropriated annually by the legislature, including federal funds, any public or17
private donations, gifts, or grants from individuals, corporations, nonprofit18
organizations, or other business entities which may be made to the fund, and19
any other monies which may be obtained or provided by law.20
(2) Monies in the fund shall be invested in the same manner as monies21
in the state general fund and interest earned on investment of monies in the22
fund shall be credited to the state general fund. Unexpended and23
unencumbered monies in the fund at the end of the fiscal year shall remain in24
the fund.25
C. Subject to an annual appropriation by the legislature, monies in the26
fund shall be used as directed by the council solely for the purposes set forth in27
this Chapter.28
Section 3. This Act shall become effective upon signature by the governor or, if not29
signed by the governor, upon expiration of the time for bills to become law without signature30 SB NO. 57 ENROLLED
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: