HLS 12RS-1028 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 379
BY REPRESENTATIVE HARRISON
PUBLIC ASSISTANCE: Restricts eligibility for and benefits of certain assistance programs
for families with a child who is detained in a juvenile institution
AN ACT1
To amend and reenact R.S. 40:444, R.S. 46:231(4), 231.7(A)(3)(g), and 237(B)(2) and to2
enact R.S. 46:231.7(A)(3)(h), relative to public assistance; to provide for duties of3
local housing authorities; to provide for duties of the Department of Children and4
Family Services; to provide for limitations on eligibility for and benefits of5
assistance; to provide for consideration of juvenile detention status in eligibility and6
benefits determinations of certain assistance programs; to authorize promulgation of7
rules; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 40:444 is hereby amended and reenacted to read as follows: 10
§444. Program eligibility, procedures, and requirements11
A. Subject to the limitations contained in R.S. 40:482 through 489 and12
Subsection B of this Section, a local housing authority may establish and apply such13
criteria and requirements relating to eligibility for any assistance administered or14
provided by the authority as the authority shall, from time to time, determine to be15
necessary, appropriate, or desirable, including without limitation criteria and16
requirements relating to income, work or employment, child care, education, job17
training, and personal or family self-sufficiency; in addition to establishing18
eligibility, utilize such criteria and requirements for determining the amount and19
duration of any assistance to be provided to a beneficiary for such assistance;20 HLS 12RS-1028 ORIGINAL
HB NO. 379
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establish such exclusions from income for purposes of determining eligibility as the1
authority shall deem appropriate; and adopt and administer lawful preferences which2
may include preferences for working persons and families.3
B. Notwithstanding any provision of law to the contrary, when a local4
housing authority considers the number of persons in a household or assistance unit5
in determining eligibility for assistance administered or provided by the authority,6
or amount or duration of such assistance, no child who is detained in a juvenile7
institution of the Department of Public Safety and Corrections shall be counted as8
part of the household or assistance unit.9
Section 2. R.S. 46:231(4), 231.7(A)(3)(g), and 237(B)(2) are hereby amended and10
reenacted and R.S. 46:231.7(A)(3)(h) is hereby enacted to read as follows11
§231. Aid to needy families; definitions12
As used in this Subpart, unless the context clearly requires otherwise:13
* * *14
(4)(a) "Dependent child" shall mean a needy child who meets all of the15
following criteria:16
(a) (i) A needy child under the age of eighteen or needy child under the age17
of nineteen who is a full-time student in a secondary school, or in the equivalent18
level of vocational or technical training, who may reasonably be expected to19
complete the program of such secondary school or training before attaining the age20
of nineteen.21
(b) (ii) The child is living with his father, mother, or other relative, within22
fifth degree, in a place of residence maintained by one or more of such relatives as23
his or their own home. For the purposes of this Subpart, all such relatives shall24
qualify as such, whether the relationship was acquired by adoption or birth, and25
neither divorce nor death shall terminate such relationship.26
(b) "Dependent child" shall not mean a child who is detained in a juvenile27
institution of the Department of Public Safety and Corrections.28
* * *29 HLS 12RS-1028 ORIGINAL
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§231.7. Education, employment, and related services for FITAP participants;1
responsibilities of the secretary, agencies, and participants2
A.3
* * *4
(3) Immediately upon application for cash assistance, work-eligible5
applicants, according to R.S. 46:231, shall be required to participate in job readiness6
assistance. If satisfactory participation in job readiness is documented, an applicant's7
application for cash assistance shall be completed. Upon notification of eligibility,8
a work-eligible participant shall be notified, verbally and in writing, of program9
expectations and client responsibilities. Such notification shall include:10
* * *11
(g) Notification of the required reduction of benefits which shall occur if a12
child on whose behalf a family receives assistance becomes detained in a juvenile13
institution of the Department of Public Safety and Corrections.14
(h) Availability of supportive services.15
* * *16
§237. Kinship Care Subsidy Program17
* * *18
B. For purposes of this Section:19
* * *20
(2) "Minor relative" means a grandchild, step-grandchild, or other minor21
relative not the natural or adopted child of the kinship caregiver who is under22
eighteen years of age, not detained in a juvenile institution of the Department of23
Public Safety and Corrections, and who meets the definition of "dependent child"24
specified in R.S. 46:231(3)(a) R.S. 46:231(4)(a)(i).25
* * *26
Section 3. A local housing authority shall adopt, by resolution of its board of27
commissioners, all policies and procedures necessary to implement the provisions of this28
Act.29 HLS 12RS-1028 ORIGINAL
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Section 4. The Department of Children and Family Services shall promulgate, in1
accordance with the Administrative Procedure Act, any rules necessary to implement the2
provisions of this Act.3
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Harrison HB No. 379
Abstract: Restricts eligibility for and benefits of certain assistance programs for families
with a child who is detained in a juvenile institution.
Proposed law retains present law which authorizes a local housing authority to establish and
apply eligibility criteria for assistance administered or provided by the authority, including
without limitation criteria and requirements relating to income, work or employment, child
care, education, job training, and personal or family self-sufficiency; and to utilize such
criteria and requirements for determining the amount and duration of any assistance to be
provided to a beneficiary.
Proposed law adds a requirement to the effect that when a local housing authority considers
the number of persons in a household or assistance unit in determining eligibility for
assistance administered or provided by the authority, or the amount or duration of such
assistance, no child who is detained in a juvenile institution of DPS&C shall be counted as
part of the household or assistance unit.
Present law provides that the Family Independence Temporary Assistance Program (FITAP)
is the cash assistance program for needy families of this state established pursuant to the
Federal Welfare Reform Act of 1996.
Present law provides that FITAP shall provide money payments to a qualifying family on
behalf of a dependent child, and provides a definition of "dependent child" for the purposes
of present law.
Proposed law revises the definition of "dependent child" in present law to stipulate that
"dependent child" shall not mean a child who is detained in a juvenile institution of DPS&C.
Present law provides that upon determination of FITAP eligibility, DCFS shall notify the
eligible participant of program expectations and client responsibilities; and shall include
certain program information in such notification. Proposed law provides that such
information include notification of the required reduction of benefits which would occur if
a child on whose behalf a family receives assistance becomes detained in a juvenile
institution of DPS&C.
Present law provides for the Kinship Care Subsidy Program for the purpose of providing
cash assistance to eligible kinship caregivers, including grandparents, step-grandparents, or
other adult relatives within the fifth degree of consanguinity who have legal custody or
guardianship of a minor relative; and defines "minor relative" for the purposes of the
program.
Proposed law revises the definition of "minor relative" in present law to stipulate that "minor
relative" shall not mean a child who is detained in a juvenile institution of DPS&C. HLS 12RS-1028 ORIGINAL
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Proposed law provides that a local housing authority shall adopt, by resolution of its board
of commissioners, all policies and procedures necessary to implement the provisions of
proposed law.
Proposed law provides that DCFS shall promulgate, in accordance with the Administrative
Procedure Act, any rules necessary to implement the provisions of proposed law.
(Amends R.S. 40:444, R.S. 46:231(4), 231.7(A)(3)(g), and 237(B)(2); Adds R.S.
46:231.7(A)(3)(h))