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Regular Session, 2013
SENATE BILL NO. 220
BY SENATOR WALSWORTH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CHILDREN. Provides for the "Louisiana Has Faith in Families" Act. (gov sig)
AN ACT1
To enact Chapter 16 of Title XII of the Louisiana Children's Code, to be comprised of2
Children's Code Articles 1279.1 through 1279.7, and to repeal Part III of Chapter 203
of Title 46 of the Louisiana Revised Statutes of 1950, comprised of R.S. 46:17904
through 1794, relative to adoption; to enact the Louisiana Has Faith in Families Act;5
to provide certain terms, conditions, procedures, and requirements; to provide for6
legislative findings and purpose relative to children eligible for adoption; to provide7
for certain incentives to encourage adoption; to provide for certain classifications;8
to provide for certain subsidies; to provide for certain reimbursements; to provide9
relative to educational opportunities and assistance; to provide relative to certain10
expedited periods and procedures; to provide exceptions; to provide for judicial11
proceedings; and to provide for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. Chapter 16 of Title XII of the Louisiana Children's Code, comprised of14
Children's Code Articles 1279.1 through 1279.7, is hereby enacted to read as follows:15
CHAPTER 16. DEPARTMENT OF CHILDREN AND FAMILY SERVICES16
ADOPTION INCENTIVES17 SB NO. 220
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Art. 1279.1. Short title; citation1
This Chapter shall be known and may be cited as the Louisiana Has2
Faith in Families Act.3
Art. 1279.2. Legislative findings4
The legislature finds:5
A. It is in the best interest of a foster child who is adoption eligible to be6
placed in a permanent adopted family as soon as practicable.7
B. The state has an interest in decreasing the delays in finalizing8
adoptions in order to facilitate permanent adoption and family cohesion.9
Art. 1279.3. Purpose10
Notwithstanding any provision of the law to the contrary, in order to11
facilitate the recruitment of new families for children, the incentives provided12
in this Chapter shall be made available to those children who have been adopted13
from the custody of the state and meet eligibility requirements.14
Art. 1279.4. Adoption Subsidy.15
A. The department shall make every effort to declare every child in the16
department's custody eligible for certain adoption assistance or subsidy in17
accordance with the provisions set forth in this Chapter.18
B. Subsidized adoption.19
(1) The department is authorized to develop and implement a program20
for subsidizing the adoption of children with special needs.21
(2) The department may make payments to the adoptive parents of a22
child or, in the case of the subsequent death of the adoptive parents prior to the23
child's reaching the age of majority, to the duly designated tutor or guardian of24
such child, on behalf of a child placed for adoption in accordance with Title XII25
of the Children's Code, if all of the following conditions are met:26
(a) The child, because of physical or mental condition, race, age,27
membership in a sibling group, or other serious impediments or special needs,28
is considered a child that is difficult to place for adoption and the department29 SB NO. 220
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has made reasonable attempts to place said child for adoption to no avail.1
(b) The adoptive family, tutor, or guardian is capable of providing the2
permanent family relationship needed by the child in all respects other than3
financial, and the needs of the child are beyond the economic ability and4
resources of the family, tutor, or guardian.5
C. Costs and expenses covered.6
(1) Payments in subsidy of an adoption may include but are not limited7
to the maintenance costs, medical and surgical expenses, and other costs that8
are incidental to the care, training, and education of the child, including special9
medical costs for any child in connection with any physical or mental condition10
which existed prior to the date of the initial judgment of adoption.11
(2) The amount of payments may vary, depending upon the needs of the12
child and the adoptive parents, tutor, or guardian, but in any event shall not13
exceed one hundred percent of the cost of providing foster care for the child.14
Payments for medical, surgical, psychiatric, and other special costs and services15
may not exceed the amount the department would pay if it were to provide or16
secure them as guardian of the child.17
(3) Payments to the parents, tutor, or guardian shall be terminated when18
the adoptive child becomes eighteen years of age.19
D. Eligibility.20
(1) Eligibility for payments in subsidy of adoption shall be determined21
and approved by department, in accordance with rules and regulations adopted22
as provided by Subsection E of this Article, prior to the completion of the23
adoption proceeding. Such eligibility shall thereafter be redetermined at least24
annually, except that in those cases where the child is eligible for funding25
pursuant to Title IV-E of the Social Security Act, the redetermination shall be26
made at least every five years thereafter.27
(2) (a) Adoptive parents who are residents of the state of Louisiana, and28
who are eligible to adopt a child residing in Louisiana and to receive subsidy29 SB NO. 220
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payments for such adoption, or the designated tutor or guardian, shall remain1
eligible to receive such payments, regardless of whether or not such adoptive2
parents, tutor, or guardian subsequently become residents of another state,3
except in cases where the other state has any of the following:4
(i) Has a subsidized adoption program that is available to such former5
Louisiana residents, parents, tutors, or guardians for the particular Louisiana6
child to be adopted.7
(ii) Is a party to the Interstate Compact on Adoption and Medical8
Assistance in accordance with the provisions of Children's Code Articles 16019
et seq.10
(b) Adoptive parents who are residents of other states, and who are11
eligible to adopt a child residing in Louisiana, or the designated tutor or12
guardian residing in another state, shall be eligible for a subsidy under the same13
conditions as Louisiana residents, except in cases where the other state meets14
any of the following criteria:15
(i) Has a subsidized adoption program that is available to such16
Louisiana nonresident parents, tutors, or guardians for the particular Louisiana17
child to be adopted.18
(ii) Is a party to the Interstate Compact on Adoption and Medical19
Assistance in accordance with the provisions of Children's Code Articles 160120
et seq.21
(3) The subsidized payments, as provided herein, shall include cases22
involving children in the custody of the department and children determined to23
be entitled to benefits pursuant to federal laws, rules, or regulations.24
E. Rules and regulations. The department, in accordance with the25
Administrative Procedure Act, shall adopt, promulgate, and enforce such rules26
and regulations as are necessary and appropriate to implement the provisions27
of this Chapter.28
F. Contractual obligation of the state.29 SB NO. 220
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(1) Any agreement by the department to subsidize the adoption of a1
child eligible for such subsidy, which results in a final decree of adoption of the2
child by adoptive parents or the designated tutor or guardian of the child who3
is relying on the availability of the subsidy at the time of the final decree of4
adoption, shall constitute a contractual obligation on the part of the state in5
favor of the adoptive parents, tutor, or guardian to the extent that such parents,6
tutor, or guardian remain eligible for the subsidy under the laws and7
regulations prevailing on the date of the final decree of adoption. Such8
obligation shall cease when the adoptive child reaches the age of majority.9
(2) Changes in the child's condition or changes in the income of the10
adoptive parents, where the condition or income formed the basis for the11
subsidy, shall be cause for modifying the subsidy agreement in accordance with12
the laws and regulations prevailing at the time of the final decree of adoption.13
G. The adoptive parents may be awarded a one-time payment to cover14
non-recurring expenses of the adoption, such as attorney fees and court costs,15
directly related to the legal adoption of a child with special needs, in an amount16
to be approved by the department.17
Art. 1279.5. Health Insurance Reimbursement18
A. Notwithstanding any provision of law to the contrary, any child in the19
custody of the department who is eligible for adoption and is placed in an20
approved adoptive home shall be eligible for dependant coverage under the21
prospective adoptive parents' health insurance policy pursuant to R.S. 22:1004.22
Any additional costs for the child to be added to the adoptive parents' health23
insurance policy shall not be paid for by the department, but the adoptive24
parents may qualify for premium assistance pursuant to Subsection (C) of this25
Article.26
B. Any child who is in the custody of the department or has been27
adopted from the custody of the department shall be automatically qualified for28
enrollment in the Louisiana Children and Youth Health Insurance Program29 SB NO. 220
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pursuant to Part II of Chapter 8 of Title 46 of the Louisiana Revised Statues of1
1950.2
C. Any child in the custody of the department who is Medicaid eligible,3
is eligible for adoption, and has been placed in an approved prospective4
adoptive home or adopted from the custody of the department shall be deemed5
eligible for premium assistance as is defined in R.S. 46:977.3(4).6
Art. 1279.6. Educational Opportunities and Assistance7
A.(1) A child who is in foster care pursuant to placement through the8
department shall be allowed to remain enrolled in the public school in which the9
child was enrolled at the time he entered foster care for the duration of the10
child's stay in the custody of the state or until he completes the highest grade11
offered at the school, if the department determines that remaining in such12
school is in the best interest of the child. Transportation of the child shall be13
provided pursuant to R.S. 17:238(C).14
(2) A child in the custody of the department shall be eligible to attend15
a school in the school district of the foster care placement.16
(3) A child in the custody of the department shall be given preference in17
enrollment in the same manner as children receiving preference in R.S.18
17:3991(C)(1)(c)(iii) for enrollment to attend a charter school which has been19
established pursuant to R.S. 17:3983.20
B. When a child is in the custody of the department and is placed with21
foster parents who have other children living in the home who already attend22
a nonpublic or parochial school, the foster child may attend the same nonpublic23
or parochial school if the department finds it is in the best interest of the child.24
The foster parents shall not be prohibited from paying for the expenses25
associated with such education.26
C. When a child is in the custody of the department and is placed with27
foster parents who have other children in the home who are participants in an28
approved home study program, pursuant to R.S. 17:236.1, the department may29 SB NO. 220
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approve the placement of the foster child in an approved home study program1
if the department finds it is in the best interest of the child. The foster parent2
shall monitor the home study program to assure that it offers a sustained3
curriculum of quality at least equal to that offered by public schools at the same4
grade level, pursuant to R.S. 17:236.1(C)(1).5
Art. 1279.7. Expedited procedure for finalizing adoptions6
A. In order to shorten the waiting time for finalizing the adoption when7
the child is eligible for adoption, the following shall apply:8
(1) Where the child has been placed in foster care with the prospective9
adoptive parents, any necessary waiting period as required by Article 1211 shall10
be applied retroactively.11
(2) When the child is in the custody of the department, any additional12
home study required by Art. 1207 may be waived by the court if the adoptive13
parents have been the foster parents of the child for the required six month time14
period.15
(3)(a) Whenever a child has been placed in the custody of the department16
and the child is eligible for adoption, the prospective adoptive parents may file17
an adoption proceeding in the court which terminated the parental rights,18
pursuant to Article 1180, and the case shall be allotted to the judge who19
presided over the termination proceedings.20
(b) The court may order the approval of the adoptive placement ex parte21
without the need for a hearing required pursuant to Article 1177, where the22
prospective adoptive parents were previously approved by the department as23
foster parents for the child.24
Section 2. Part III of Chapter 20 of Title 46 of the Louisiana Revised Statutes of25
1950, comprised of R.S. 46:1790 through 1794, is hereby repealed in its entirely. 26
Section 3. This Act shall become effective upon signature by the governor or, if not27
signed by the governor, upon expiration of the time for bills to become law without signature28
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana.29 SB NO. 220
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Present law provides certain incentives for certain children who are in the custody of the
Department of Children and Family Services (DCFS) to be placed with adoptive parents
once the biological rights of the parents have been terminated.
Proposed law provides that proposed law shall be known and may be cited as the "Louisiana
Has Faith in Families" Act.
Proposed law provides legislative findings as follows:
(1)It is in the best interest of a foster child who is adoption eligible to be placed in a
permanent adopted family as soon as is practicable.
(2)The state has an interest in decreasing the delays in finalizing adoptions in order to
facilitate permanent adoption and family cohesion.
Proposed law provides that, in order to facilitate the recruitment of new families for children,
the incentives shall be made available to those children who have been adopted from the
custody of the state and meet any eligibility requirements.
Proposed law provides that the department shall make every effort to declare every child in
the department's custody eligible for certain adoption assistance or subsidy.
Proposed law provides that the department is authorized to develop and implement a
program for subsidizing the adoption of children with special needs.
Proposed law provides that the department may make payments to adoptive parents or, in
the case of the subsequent death of the adoptive parents prior to the child's reaching the age
of majority, to the duly designated tutor or guardian of said child, on behalf of a child placed
for adoption if all of the following conditions are met:
(1)The child, because of physical or mental condition, race, age, membership in a
sibling group, or other serious impediments or special needs, is considered a child
that is difficult to place for adoption and the department has made reasonable
attempts to place such child for adoption to no avail.
(2)The adoptive family, tutor, or guardian is capable of providing the permanent family
relationship needed by the child in all respects other than financial, and the needs of
the child are beyond the economic ability and resources of the family, tutor, or
guardian.
Proposed law provides that payments in subsidy of adoption may include but are not limited
to the maintenance costs, medical and surgical expenses, and other costs incidental to the
care, training, and education of the child, including special medical costs for any child in
connection with any physical or mental condition which existed prior to the date of the initial
judgment of adoption.
Proposed law provides that the amount of payments may vary, depending upon the needs of
the child and the adoptive parents, tutor, or guardian, but shall not exceed one hundred
percent of the cost of providing foster care for the child. Payments for medical, surgical,
psychiatric, and other special costs and services may not exceed the amount the department
would pay if it were to provide or secure them as guardian of the child. SB NO. 220
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Proposed law provides that payments to the parents, tutor, or guardian shall be terminated
when the adoptive child becomes eighteen years of age.
Proposed law provides that eligibility for payments in subsidy of adoption shall be
determined and approved by the department prior to the completion of the adoption
proceeding, and shall be redetermined at least annually thereafter, except in those cases
where the child is eligible for funding pursuant to the Social Security Act, such
redetermination shall be made at least every five years thereafter.
Proposed law provides adoptive parents who are residents of the state of Louisiana, and who
are eligible to adopt a child residing in Louisiana and to receive subsidy payments for such
adoption, or the designated tutor or guardian, shall remain eligible to receive such payments,
regardless of whether or not such adoptive parents, tutor, or guardian subsequently become
residents of another state, except in cases where that state has any of the following:
(1)A subsidized adoption program that is available to such former Louisiana residents,
parents, tutors, or guardians for the particular Louisiana child to be adopted.
(2)Is a party to the Interstate Compact on Adoption and Medical Assistance in
accordance with the provisions of Children's Code Articles 1601 et seq.
Proposed law provides that adoptive parents who are residents of other states, and who are
eligible to adopt a child residing in Louisiana, or the designated tutor or guardian residing
in another state, shall be eligible for a subsidy under the same conditions as Louisiana
residents, except in cases where the other state:
(1)Has a subsidized adoption program that is available to such Louisiana nonresident
parents, tutors, or guardians for the particular Louisiana child to be adopted.
(2)Is a party to the Interstate Compact on Adoption and Medical Assistance.
Proposed law provides that the subsidized payments, as provided herein, shall include cases
involving children in the custody of the department and children determined to be entitled
to benefits pursuant to federal laws, rules, or regulations.
Proposed law provides that the department, in accordance with the Administrative Procedure
Act, shall adopt, promulgate, and enforce such rules and regulations as are necessary and
appropriate to implement the provisions of the proposed law.
Proposed law provides that any agreement by the department to subsidize the adoption of
a child eligible for such subsidy, which results in a final decree of adoption of the child by
adoptive parents or the designated tutor or guardian of the child who is relying on the
availability of the subsidy at the time of the final decree of adoption, shall constitute a
contractual obligation on the part of the state in favor of the adoptive parents, tutor, or
guardian, to the extent that the parents, tutor, or guardian remain eligible for the subsidy
under the laws which were in effect on the date of the final decree of adoption.
Proposed law provides that any contractual obligation shall cease when the adoptive child
reaches the age of majority.
Proposed law provides that changes in the child's condition or changes in the income of the
adoptive parents, where the condition or income formed the basis for the subsidy, shall be
cause for modifyin g the subsidy agreement in accordance with the laws and regulations
prevailing at the time of the final decree of adoption.
Proposed law provides that the adoptive parents may be awarded a one-time payment to
cover non-recurring expenses of the adoption, such as attorney fees and court costs, which
are directly related to the legal adoption of a child with special needs, in an amount to be SB NO. 220
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approved by the department.
Proposed law provides that any child in the custody of the department who is eligible for
adoption and is placed in an approved adoptive home shall be eligible for dependant
coverage pursuant to the prospective adoptive parents' health insurance policy as a
dependant. Proposed law further provides that any additional costs for the child to be added
to the adoptive parents' health insurance policy shall not be paid for by the department.
Proposed law provides that any child who is in the custody of the department or has been
adopted from the custody of the department shall be automatically qualified for enrollment
in the Louisiana Children and Youth Health Insurance Program (LaChip).
Proposed law provides that any child in the custody of the department who is Medicaid
eligible, is eligible for adoption, and is placed in an approved prospective adoptive home or
has been adopted from the custody of the department, shall be deemed eligible for premium
assistance for private health insurance.
Proposed law provides that a child in custody of the department shall be entitled to any of
the following options:
(1)A child who is in foster care pursuant to placement through the department shall be
allowed to remain enrolled in the public school in which the child was enrolled at the
time he entered foster care for the duration of the child's stay in the custody of the
state or until he completes the highest grade offered at the school, if the department
determines that remaining in that school is in the best interest of the child. Proposed
law further provides that transportation shall be provided in accordance with law.
(2)A child in the custody of the department shall be eligible to attend a school in the
school district of the foster care placement.
(3)A child in the custody of the department shall be given preference in enrollment in
the same manner as children already receiving a preference to attend a charter
school.
(4)When a child is in the custody of the department and is placed with foster parents
who have other children living in the home who already attend a nonpublic or
parochial school, the foster child may attend the same nonpublic or parochial school
if the department finds it is in the best interest of the child. Proposed law further
provides that the foster parents shall not be prohibited from paying for the expenses
associated with such education.
(5)When a child is in the custody of the department and is placed with foster parents
who have other children in the home who are participants in an approved home study
program, the department may approve the placement of the foster child in an
approved home study program if the department finds it is in the best interest of the
child. Proposed law further provides that the foster parent shall monitor the home
study program to assure that it offers a sustained curriculum of quality at least equal
to that offered by public schools at the same grade level.
Proposed law provides that in order to shorten the waiting time for finalizing the adoption
when the child eligible for adoption has been in foster care with the prospective adoptive
parents, any necessary waiting period as required by law shall be applied retroactively.
Proposed law provides when the child is in the custody of the department, any additional
home study required by law may be waived by the court if the adoptive parents have been
the foster parents of the child for the required six month time period.
Proposed law provides whenever a child has been placed in the custody of the department SB NO. 220
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and the child is eligible for adoption, the prospective adoptive parents may file an adoption
proceeding in the court which terminated the parental rights and the case shall be allotted to
the judge who presided over the termination proceedings.
Proposed law provides that the court may order the approval of the adoptive placement ex
parte without the need for a hearing where the prospective adoptive parents were previously
approved by the department as foster parents for the child.
Present law provides that DCFS is authorized to develop and implement a program for
subsidizing the adoption of children with special needs. Provides procedures and
requirements for eligibility, costs and expenses, and contractual obligations.
Proposed law repeals present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds Ch. C. Arts. 1279.1 - 1279.7; repeals R.S. 46:1790-1794)