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Regular Session, 2013 ENROLLED
SENATE BILL NO. 220
BY SENATORS WALSWORTH, ALARIO, APPEL, BROOME, BROWN,
BUFFINGTON, CLAITOR, CORTEZ, CROWE, DONAHUE,
GUILLORY, JOHNS, LAFLEUR, LONG, MILLS, NEVERS, PERRY,
GARY SMITH, TARVER, THOMPSON, WARD AND WHITE AND
REPRESENTATIVE S ADAMS, BILLIOT, BROWN, BURFORD,
HENRY BURNS, HOFFMANN, HOWARD, NANCY LANDRY,
PYLANT, ROBIDEAUX, SCHRODER, ST. GERMAI N AND
WILLMOTT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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
ACT No. 66 SB NO. 220 ENROLLED
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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 adoptive 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 for those children who have been13
adopted 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
the department has made reasonable attempts to place said child for adoption30 SB NO. 220 ENROLLED
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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
that 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 adopted child becomes eighteen years of age.19
D. Eligibility.20
(1) Eligibility for payments in subsidy of adoption shall be determined21
and approved by the department, in accordance with rules and regulations22
adopted as provided by Paragraph E of this Article, prior to the completion of23
the adoption proceeding. Such eligibility shall thereafter be redetermined at24
least annually, except that in those cases where the child is eligible for funding25
pursuant to Title IV, Part E of the Social Security Act, the redetermination shall26
be 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
payments for such adoption, or the designated tutor or guardian, shall remain30 SB NO. 220 ENROLLED
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eligible to receive such payments, regardless of whether or not such adoptive1
parents, tutor, or guardian subsequently become residents of another state,2
except in cases where the other state meets all of the following criteria:3
(i) Has a subsidized adoption program that is available to such former4
Louisiana residents, parents, tutors, or guardians for the particular Louisiana5
child to be adopted.6
(ii) Is a party to the Interstate Compact on Adoption and Medical7
Assistance in accordance with the provisions of Children's Code Articles 16018
et seq.9
(b) Adoptive parents who are residents of other states, and who are10
eligible to adopt a child residing in Louisiana, or the designated tutor or11
guardian residing in another state, shall be eligible for a subsidy under the same12
conditions as Louisiana residents, except in cases where the other state meets13
all of the following criteria:14
(i) Has a subsidized adoption program that is available to such15
Louisiana nonresident parents, tutors, or guardians for the particular Louisiana16
child to be adopted.17
(ii) Is a party to the Interstate Compact on Adoption and Medical18
Assistance in accordance with the provisions of Children's Code Articles 160119
et seq.20
(3) The subsidized payments, as provided herein, shall include cases21
involving children in the custody of the department and children determined to22
be entitled to benefits pursuant to federal laws, rules, or regulations.23
E. Rules and regulations. The department, in accordance with the24
Administrative Procedure Act, shall adopt, promulgate, and enforce such rules25
and regulations as are necessary and appropriate to implement the provisions26
of this Chapter.27
F. Contractual obligation of the state.28
(1) Any agreement by the department to subsidize the adoption of a29
child eligible for such subsidy, which results in a final decree of adoption of the30 SB NO. 220 ENROLLED
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child by adoptive parents or the designated tutor or guardian of the child who1
is relying on the availability of the subsidy at the time of the final decree of2
adoption, shall constitute a contractual obligation on the part of the state in3
favor of the adoptive parents, tutor, or guardian to the extent that such parents,4
tutor, or guardian remain eligible for the subsidy under the laws and5
regulations prevailing on the date of the final decree of adoption. Such6
obligation shall cease when the adopted child reaches the age of majority.7
(2) Changes in the child's condition or changes in the income of the8
adoptive parents, where the condition or income formed the basis for the9
subsidy, shall be cause for modifying the subsidy agreement in accordance with10
the laws and regulations prevailing at the time of the final decree of adoption.11
G. The adoptive parents may be awarded a one-time payment to cover12
non-recurring expenses of the adoption, such as attorney fees and court costs,13
directly related to the legal adoption of a child with special needs, in an amount14
to be approved by the department.15
Art. 1279.5. Health Insurance Reimbursement16
A. Notwithstanding any provision of law to the contrary, any child in the17
custody of the department who is eligible for adoption and is placed in an18
approved adoptive home shall be eligible for dependent coverage under the19
prospective adoptive parents' health insurance policy pursuant to R.S. 22:1004.20
Any additional costs for the child to be added to the adoptive parents' health21
insurance policy shall not be paid for by the department, but the adoptive22
parents may qualify for premium assistance pursuant to Paragraph C of this23
Article.24
B. Any child who is in the custody of the department or has been25
adopted from the custody of the department shall be qualified for Medicaid if26
the child meets the guidelines set forth pursuant to Part II of Chapter 8 of Title27
46 of the Louisiana Revised Statues of 1950.28
C. Any child in the custody of the department who is Medicaid eligible,29
is eligible for adoption, and has been placed in an approved prospective30 SB NO. 220 ENROLLED
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adoptive home or adopted from the custody of the department shall be1
considered for premium assistance for employer sponsored insurance pursuant2
to LAC 50:III.2311.3
Art. 1279.6. Educational Opportunities and Assistance4
A.(1) A child who is in foster care pursuant to placement through the5
department shall be allowed to remain enrolled in the public school in which the6
child was enrolled at the time he entered foster care for the duration of the7
child's stay in the custody of the state or until he completes the highest grade8
offered at the school, if the department determines that remaining in such9
school is in the best interest of the child. Transportation of the child shall be10
provided pursuant to R.S. 17:238(C).11
(2) A child in the custody of the department shall be eligible to attend12
a school in the school district or parish of the foster care placement.13
(3) A child in the custody of the department shall be given preference in14
enrollment in the same manner as children receiving preference in R.S.15
17:3991(C)(1)(c)(iii) for enrollment to attend a charter school that has been16
established pursuant to R.S. 17:3983.17
B. When a child is in the custody of the department and is placed with18
foster parents who have other children living in the home who already attend19
a nonpublic or parochial school, the foster child may attend the same nonpublic20
or parochial school if the department finds it is in the best interest of the child,21
and if the child meets the admission requirements of the nonpublic or parochial22
school. The department shall not be directly responsible for paying for the23
expenses associated with such education.24
C. When a child is in the custody of the department and is placed with25
foster parents who have other children in the home who are participants in an26
approved home study program, pursuant to R.S. 17:236.1, the department may27
approve the placement of the foster child in an approved home study program28
if the department finds it is in the best interest of the child. Home study29
programs approved by the Department of Education to educate foster children30 SB NO. 220 ENROLLED
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shall offer a sustained curriculum of quality at least equal to that offered by1
public schools at the same grade level, pursuant to R.S. 17:236.1(C)(1).2
Notwithstanding any other provision of law to the contrary, the Department of3
Education shall provide the department, upon request, verification that a home4
study program in which a foster child is participating has been approved5
pursuant to R.S. 17:236. The foster parent shall provide the department6
appropriate documentation, including but not limited to copies of standardized7
tests, to substantiate that the child is progressing on grade level and at a rate8
equal to one grade level for each year in the program. 9
Art. 1279.7. Expedited procedure for finalizing adoptions10
A. In order to shorten the waiting time for finalizing the adoption when11
the child is eligible for adoption, the following shall apply:12
(1) Where the child has been placed in foster care with the prospective13
adoptive parents, any necessary waiting period as required by Article 1211 shall14
be applied retroactively.15
(2) When the child is in the custody of the department, any additional16
home study required by Article 1207 may be waived by the court if the adoptive17
parents have been the foster parents of the child for the required six month time18
period.19
(3)(a) Whenever a child has been placed in the custody of the20
department and the child is eligible for adoption, the prospective adoptive21
parents may file an adoption proceeding in the court that terminated the22
parental rights, pursuant to Article 1180, and the case shall be allotted to the23
judge who presided over the termination proceedings.24
(b) The court may order the approval of the adoptive placement ex parte25
without the need for a hearing required pursuant to Article 1177, where the26
prospective adoptive parents were previously approved by the department as27
foster parents for the child.28
Section 2. Part III of Chapter 20 of Title 46 of the Louisiana Revised Statutes of29
1950, comprised of R.S. 46:1790 through 1794, is hereby repealed in its entirety. 30 SB NO. 220 ENROLLED
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Section 3. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana.3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: