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Regular Session, 2013
SENATE BILL NO. 220
BY SENATORS WALSWORTH, WARD, ALARIO, APPEL, BROOME, BROWN,
BUFFINGTON, CLAITOR, CORTEZ, CROWE, DONAHUE,
GUILLORY, JOHNS, LAFLEUR, LONG, MILLS, NEVERS, PERRY,
GARY SMITH, TARVER, THOMPSON AND WHI TE
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 Subsidy15
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, ethnic27
background, age, membership in a sibling group, or other serious impediments28
or special needs, is considered a child that is difficult to place for adoption, and29 SB NO. 220
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the department has made reasonable attempts to place said child for adoption1
to no avail.2
(b) The adoptive family, tutor, or guardian is capable of providing the3
permanent family relationship needed by the child in all respects other than4
financial, and the needs of the child are beyond the economic ability and5
resources of the family, tutor, or guardian.6
C. Costs and expenses covered.7
(1) Payments in subsidy of an adoption may include but are not limited8
to the maintenance costs, medical and surgical expenses, and other costs that9
are incidental to the care, training, and education of the child, including special10
medical costs for any child in connection with any physical or mental condition11
which existed prior to the date of the initial judgment of adoption.12
(2) The amount of payments may vary, depending upon the needs of the13
child and the adoptive parents, tutor, or guardian, but in any event shall not14
exceed one hundred percent of the cost of providing foster care for the child.15
Payments for medical, surgical, psychiatric, and other special costs and services16
may not exceed the amount the department would pay if it were to provide or17
secure them as guardian of the child.18
(3) Payments to the parents, tutor, or guardian shall be terminated when19
the adoptive child becomes eighteen years of age.20
D. Eligibility.21
(1) Eligibility for payments in subsidy of adoption shall be determined22
and approved by the department, in accordance with rules and regulations23
adopted as provided by Paragraph E of this Article, prior to the completion of24
the adoption proceeding. Such eligibility shall thereafter be redetermined at25
least annually, except that in those cases where the child is eligible for funding26
pursuant to Title IV, Part E of the Social Security Act, the redetermination shall27
be made at least every five years thereafter.28
(2)(a) Adoptive parents who are residents of the state of Louisiana, and29 SB NO. 220
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who are eligible to adopt a child residing in Louisiana and to receive subsidy1
payments for such adoption, or the designated tutor or guardian, shall remain2
eligible to receive such payments, regardless of whether or not such adoptive3
parents, tutor, or guardian subsequently become residents of another state,4
except in cases where the other state meets all of the following criteria:5
(i) Has a subsidized adoption program that is available to such former6
Louisiana residents, parents, tutors, or guardians for the particular Louisiana7
child to be adopted.8
(ii) Is a party to the Interstate Compact on Adoption and Medical9
Assistance in accordance with the provisions of Children's Code Articles 160110
et seq.11
(b) Adoptive parents who are residents of other states, and who are12
eligible to adopt a child residing in Louisiana, or the designated tutor or13
guardian residing in another state, shall be eligible for a subsidy under the same14
conditions as Louisiana residents, except in cases where the other state meets15
all of the following criteria:16
(i) Has a subsidized adoption program that is available to such17
Louisiana nonresident parents, tutors, or guardians for the particular Louisiana18
child to be adopted.19
(ii) Is a party to the Interstate Compact on Adoption and Medical20
Assistance in accordance with the provisions of Children's Code Articles 160121
et seq.22
(3) The subsidized payments, as provided herein, shall include cases23
involving children in the custody of the department and children determined to24
be entitled to benefits pursuant to federal laws, rules, or regulations.25
E. Rules and regulations. The department, in accordance with the26
Administrative Procedure Act, shall adopt, promulgate, and enforce such rules27
and regulations as are necessary and appropriate to implement the provisions28
of this Chapter.29 SB NO. 220
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F. Contractual obligation of the state.1
(1) Any agreement by the department to subsidize the adoption of a2
child eligible for such subsidy, which results in a final decree of adoption of the3
child by adoptive parents or the designated tutor or guardian of the child who4
is relying on the availability of the subsidy at the time of the final decree of5
adoption, shall constitute a contractual obligation on the part of the state in6
favor of the adoptive parents, tutor, or guardian to the extent that such parents,7
tutor, or guardian remain eligible for the subsidy under the laws and8
regulations prevailing on the date of the final decree of adoption. Such9
obligation shall cease when the adoptive child reaches the age of majority.10
(2) Changes in the child's condition or changes in the income of the11
adoptive parents, where the condition or income formed the basis for the12
subsidy, shall be cause for modifying the subsidy agreement in accordance with13
the laws and regulations prevailing at the time of the final decree of adoption.14
G. The adoptive parents may be awarded a one-time payment to cover15
non-recurring expenses of the adoption, such as attorney fees and court costs,16
directly related to the legal adoption of a child with special needs, in an amount17
to be approved by the department.18
Art. 1279.5. Health Insurance Reimbursement19
A. Notwithstanding any provision of law to the contrary, any child in the20
custody of the department who is eligible for adoption and is placed in an21
approved adoptive home shall be eligible for dependent coverage under the22
prospective adoptive parents' health insurance policy pursuant to R.S. 22:1004.23
Any additional costs for the child to be added to the adoptive parents' health24
insurance policy shall not be paid for by the department, but the adoptive25
parents may qualify for premium assistance pursuant to Paragraph C of this26
Article.27
B. Any child who is in the custody of the department or has been28
adopted from the custody of the department shall be qualified for Medicaid if29 SB NO. 220
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the child meets the guidelines set forth pursuant to Part II of Chapter 8 of Title1
46 of the Louisiana Revised Statues of 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 be5
considered for premium assistance for employer sponsored insurance pursuant6
to LAC 50:III.3, Ch. 23:2311.7
Art. 1279.6. Educational Opportunities and Assistance8
A.(1) A child who is in foster care pursuant to placement through the9
department shall be allowed to remain enrolled in the public school in which the10
child was enrolled at the time he entered foster care for the duration of the11
child's stay in the custody of the state or until he completes the highest grade12
offered at the school, if the department determines that remaining in such13
school is in the best interest of the child. Transportation of the child shall be14
provided pursuant to R.S. 17:238(C).15
(2) A child in the custody of the department shall be eligible to attend16
a school in the school district or parish of the foster care placement.17
(3) A child in the custody of the department shall be given preference in18
enrollment in the same manner as children receiving preference in R.S.19
17:3991(C)(1)(c)(iii) for enrollment to attend a charter school which has been20
established pursuant to R.S. 17:3983.21
B. When a child is in the custody of the department and is placed with22
foster parents who have other children living in the home who already attend23
a nonpublic or parochial school, the foster child may attend the same nonpublic24
or parochial school if the department finds it is in the best interest of the child,25
and if the child meets the admission requirements of the nonpublic or parochial26
school. The department shall not be directly responsible for paying for the27
expenses associated with such education.28
C. When a child is in the custody of the department and is placed with29 SB NO. 220
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foster parents who have other children in the home who are participants in an1
approved home study program, pursuant to R.S. 17:236.1, the department may2
approve the placement of the foster child in an approved home study program3
if the department finds it is in the best interest of the child. Home study4
programs approved by the Department of Education to educate foster children5
shall offer a sustained curriculum of quality at least equal to that offered by6
public schools at the same grade level, pursuant to R.S. 17:236.1(C)(1).7
Notwithstanding any other provision of law to the contrary, the Department of8
Education shall provide the department, upon request, verification that a home9
study program in which a foster child is participating has been approved10
pursuant to R.S. 17:236. The foster parent shall provide the department11
appropriate documentation, including but not limited to copies of standardized12
tests, to substantiate that the child is progressing on grade level and at a rate13
equal to one grade level for each year in the program. 14
Art. 1279.7. Expedited procedure for finalizing adoptions15
A. In order to shorten the waiting time for finalizing the adoption when16
the child is eligible for adoption, the following shall apply:17
(1) Where the child has been placed in foster care with the prospective18
adoptive parents, any necessary waiting period as required by Article 1211 shall19
be applied retroactively.20
(2) When the child is in the custody of the department, any additional21
home study required by Article 1207 may be waived by the court if the adoptive22
parents have been the foster parents of the child for the required six month time23
period.24
(3)(a) Whenever a child has been placed in the custody of the25
department and the child is eligible for adoption, the prospective adoptive26
parents may file an adoption proceeding in the court which terminated the27
parental rights, pursuant to Article 1180, and the case shall be allotted to the28
judge who presided over the termination proceedings.29 SB NO. 220
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(b) The court may order the approval of the adoptive placement ex parte1
without the need for a hearing required pursuant to Article 1177, where the2
prospective adoptive parents were previously approved by the department as3
foster parents for the child.4
Section 2. Part III of Chapter 20 of Title 46 of the Louisiana Revised Statutes of5
1950, comprised of R.S. 46:1790 through 1794, is hereby repealed in its entirety. 6
Section 3. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana.9
The original instrument was prepared by Carla S. Roberts. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Thomas L. Tyler.
DIGEST
Walsworth (SB 220)
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 requires that it be known and may be cited as the "Louisiana Has Faith in
Families Act".
Proposed law lists the following legislative findings:
(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 requires that, in order to facilitate the recruitment of new families for children,
incentives provided in proposed law be made available to those children who have been
adopted from the custody of the state and meet eligibility requirements.
Proposed law requires the department to make every effort to declare every child in the
department's custody eligible for certain adoption assistance or subsidy.
Present law authorizes the department to develop and implement a program for subsidizing
the adoption of children with special needs. Proposed law retains these provisions.
Proposed law retains present law authorizing the department to make payments to adoptive
parents of a child 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 the 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, ethnic background, age,
membership in a sibling group, or other serious impediments or special needs, is SB NO. 220
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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 retains provisions in present law that payments in subsidy of an 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.
Provides that the amount of payments may vary, depending upon the needs of the child and
the adoptive parents, tutor, or guardian, but in any event shall not exceed 100% of the cost
of providing foster care for the child. Provides that payments for medical, surgical,
psychiatric, and other special costs and services not exceed the amount the department would
pay if it were to provide or secure them as guardian of the child.
Present law requires termination of payments to the parents, tutor, or guardian when the
adoptive child becomes 18 years old. Proposed law retains these provisions.
Present law requires that eligibility for payments in subsidy of adoption be determined and
approved by the department prior to the completion of the adoption proceeding and that
thereafter they be redetermined at least annually, except in cases where the child is eligible
for funding pursuant to Title IV, Part E of the Social Security Act, then the redetermination
is to be made at least every five years.
Proposed law retains these provisions.
Proposed law retains provisions in present law that requires that adoptive parents who are
residents of the state, and who are eligible to adopt a child residing in Louisiana and to
receive subsidy payments, or the designated tutor or guardian, remain eligible to receive
payments, regardless of whether or not the adoptive parents, tutor, or guardian subsequently
become residents of another state, except in cases where the other state meets all of the
following criteria:
(1)Has a subsidized adoption program that is available to the 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.
Proposed law retains provisions in present law requiring 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, be eligible for a subsidy under the
same conditions as Louisiana residents, except in cases where the other state meets all of the
following criteria:
(1)Has a subsidized adoption program that is available to the 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 retains provisions in present law which requires that subsidized payments
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. SB NO. 220
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Page 10 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law authorizes the department to adopt, promulgate, and enforce necessary rules and
regulations to implement present law in accordance with the Administrative Procedure Act.
Proposed law requires that the department adopt, promulgate, and enforce these rules and
regulations.
Present law requires that any agreement by the department to subsidize the adoption of a
child eligible for the 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, constitutes 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. Provides that
this obligation ceases when the adoptive child reaches the age of majority. Proposed law
retains these provisions.
Present 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 modifying the subsidy agreement in accordance with the laws and regulations
prevailing at the time of the final decree of adoption.
Proposed law authorizes the adoptive parents to 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
approved by the department.
Proposed law requires that any child in the custody of the department who is eligible for
adoption and is placed in an approved adoptive home is to be eligible for dependant
coverage pursuant to the prospective adoptive parents' health insurance policy as a
dependent. Provides that any additional costs for the child are to be added to the adoptive
parents' health insurance policy and shall not be paid for by the department. Provides the
adoptive parents may qualify for premium assistance.
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 qualified for Medicaid if the child meets
the guidelines set forth in present law regarding The Louisiana Children and Youth Health
Insurance Program. Provides that any child in the custody of the department who is
Medicaid eligible, is eligible for adoption, and has been placed in an approved prospective
adoptive home or has been adopted from the custody of the department, shall be considered
eligible for premium assistance for employer sponsored insurance.
Proposed law requires that a child in custody of 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.
Requires that a child in the custody of the department is eligible to attend a school in the
school district or parish of the foster care placement. Requires that a child in the custody of
the department be given preference in enrollment in the same manner as children already
receiving a preference to attend a charter school.
Proposed law provides that if a child 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, then the foster child may attend the same nonpublic or parochial school
if the department finds it is in the best interest of the child, and if the child meets the
admission requirements of the nonpublic or parochial school. Provides that the department
shall not be directly responsible for paying for the expenses associated with that education. SB NO. 220
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that if a child is in the custody of the department and 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.
Requires that the home study programs approved by the Department of Education to educate
foster children offer a sustained curriculum of quality at least equal to that offered by public
schools at the same grade level.
Proposed law requires that the Department of Education provide the department, upon
request, verification that a home study program in which a foster child is participating in has
been approved and requires the foster parent to provide the department appropriate
documentation, including but not limited to copies of standardized tests, to substantiate that
the child is progressing on grade level and at a rate equal to one grade level for each year in
the program.
Proposed law provides that in order to shorten the waiting time for finalizing the adoption
when the child is eligible for adoption and has been in foster care with the prospective
adoptive parents, any necessary waiting period as required by law shall be applied
retroactively. Requires that 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
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 requires that the case be
allotted to the judge who presided over the termination proceedings. Authorizes the court
to 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.
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)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Adds provision that a child in custody of the department of who has been
adopted from the custody of the department be qualified for Medicaid if the
child meets the guidelines regarding the La. Children and Youth Health
Insurance Program.
2. Adds provision that if Medicaid eligible, the child shall be considered for
premium assistance for employer sponsored insurance.
3. Adds provision that a foster child may attend the same nonpublic or parochial
school as other children living in the home if the child meets the admission
requirements of the nonpublic or parochial school
.4.Specifies that the department is not directly responsible for paying expenses
associated with the nonpublic or parochial education.
5. Adds requirement that if a child is in a home study program that the program
be approved by the Department of Education to educate foster children and
offer a sustained curriculum of quality at least equal to that offered by public
schools at the same grade level. SB NO. 220
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words in boldface type and underscored are additions.
6. Adds provisions for verification of the home study program and requires the
foster parents to provide appropriate documentation to substantiate that the
child is progressing on grade level and at a rate equal to one grade level for
each year in the program.