Louisiana 2014 Regular Session

Louisiana House Bill HB1240 Latest Draft

Bill / Introduced Version

                            HLS 14RS-2100	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 1240
BY REPRESENTATIVE BURRELL
CHILDREN/SUPPORT:  Dedicates a portion of support enforcement collections to
fatherhood initiatives
AN ACT1
To amend and reenact R.S. 46:236.1.2(I) and 236.11(B)(2), relative to administration of2
family support programs; to require the Department of Children and Family Services3
to use a portion of certain monies collected pursuant to child support enforcement4
programs to fund fatherhood initiatives; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 46:236.1.2(I) and 236.11(B)(2) are hereby amended and reenacted7
to read as follows:8
§236.1.2.  Family and child support programs; responsibilities9
*          *          *10
I.(1) In providing support services required by Title IV-D of the Social11
Security Act in cases provided for in Subsection A of this Section, the department12
may provide for application and other fees to be charged each individual who is13
receiving services from the department or any individual who owes a duty of14
support. The fees shall comply with any applicable federal laws, rules, and15
regulations and may not exceed the maximum set by federal laws, rules, and16
regulations or the actual costs incurred by the department in providing the support17
services, whichever is less.18
(2) The department shall dedicate fifteen percent of the application and other19
fees collected pursuant to this Subsection to the administration of family support20
programs designed to assist fathers who have custody of their children with the21 HLS 14RS-2100	ORIGINAL
HB NO. 1240
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are additions.
responsibilities of fatherhood or to encourage noncustodial fathers to have more1
participation in their children's lives, including but not limited to the Fatherhood First2
Initiative, R.S. 46:261 et seq. Nothing in this Paragraph shall be construed to limit3
the department from using monies from other sources authorized by law to fund4
such fatherhood initiatives.5
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§236.11.  Louisiana disbursement unit for child support payments7
*          *          *8
B.9
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(2)(a) The provisions of this Section shall apply to child support payments11
made through any court.  Any such court may enter into a cooperative agreement12
with the secretary of the Department of Children and Family Services to authorize13
the department to collect those support payments and administrative costs collected14
and distributed by the court pursuant to R.S. 46:236.5(B).  The department may15
retain an amount equal to the actual costs incurred in collecting and distributing the16
child support, including administrative costs. However, such amount shall not17
exceed one percent of the total amount collected for the court. The department shall18
distribute such amounts collected pursuant to this Subsection in accordance with19
federal regulations.20
(b) The department shall dedicate fifteen percent of the amount retained21
pursuant to this Paragraph to the administration of family support programs designed22
to assist fathers who have custody of their children with the responsibilities of23
fatherhood or to encourage noncustodial fathers to have more participation in their24
children's lives, including but not limited to the Fatherhood First Initiative, R.S.25
46:261 et seq.  Nothing in this Subparagraph shall be construed to limit the26
department from using monies from other sources authorized by law to fund such27
fatherhood initiatives.28
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HB NO. 1240
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Burrell	HB No. 1240
Abstract: Requires the Dept. of Children and Family Services to use a portion of certain
monies collected pursuant to family support enforcement programs to fund
fatherhood initiatives.
Present law authorizes the Dept. of Children and Family Services (DCFS) to collect
application and other fees from each individual who is receiving child support enforcement
services from DCFS or any individual who owes a duty of support.  Present law requires the
fees to comply with any applicable federal laws, rules, and regulations and prohibits the fees
from exceeding the maximum set by federal laws, rules, and regulations or the actual costs
incurred by DCFS in providing the support services, whichever is less.
Proposed law retains present law and requires DCFS to dedicate 15% of the application and
other fees collected to the administration of family support programs designed to assist
fathers who have custody of their children with the responsibilities of fatherhood or to
encourage noncustodial fathers to have more participation in their children's lives. Nothing
in proposed law shall be construed to limit DCFS from using monies from other sources
authorized by law to fund such fatherhood initiatives.
Present law provides that a court may enter into a cooperative agreement with DCFS to
collect court-ordered child support payments and administrative costs collected and
distributed by the court.  Present law authorizes DCFS to retain an amount equal to the
actual costs incurred in collecting and distributing the child support, including administrative
costs; however, such amount shall not exceed 1% of the total amount collected for the court.
Proposed law retains present law and requires DCFS to dedicate 15% of the amount retained
to the administration of family support programs designed to assist fathers who have custody
of their children with the responsibilities of fatherhood or to encourage noncustodial fathers
to have more participation in their children's lives.  Nothing in proposed law shall be
construed to limit DCFS from using monies from other sources authorized by law to fund
such fatherhood initiatives.
(Amends R.S. 46:236.1.2(I) and 236.11(B)(2))