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Regular Session, 2014
HOUSE BILL NO. 1256 (Substitute for House Bill No. 152 by Representative Harrison)
BY REPRESENTATIVE HARRISON
GOVERNMENT ORGANI ZATION: Transfers the Department of Children and Family
Services as a state agency to the Department of Health and Hospitals
AN ACT1
To amend and reenact R.S. 36:471(A) and 801.1(A), to enact R.S. 36:259(M), and to repeal2
R.S. 36:4(A)(10), relative to reorganization of the executive branch of state3
government; to provide that the Department of Children and Family Services shall4
be an independent agency within the Department of Health and Hospitals; to provide5
for the powers, duties, functions, and responsibilities of the Department of Children6
and Family Services; to provide for effectiveness of the Act; to provide that the Act7
has the effect of abolishing one of the twenty executive branch departments and8
provides for the effectiveness of laws relative to the Department of Elderly Affairs;9
and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 36:471(A) and 801.1(A) are hereby amended and reenacted and R.S.12
36:259(M) is hereby enacted to read as follows: 13
§259. Transfer of agencies and functions to Department of Health and Hospitals14
* * *15
M. The Department of Children and Family Services (R.S. 36:471 et seq.)16
and the agencies and functions of abolished agencies placed within the Department17
of Children and Family Services as provided in R.S. 36:478, including the following18
subject to the provisions of R.S. 36:478:19
(1) The Louisiana Children's Trust Fund Board (R.S. 46:2401 et seq.)20 HLS 14RS-2654 ORIGINAL
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(2) The Child Poverty Prevention Council for Louisiana (R.S. 46:2801-2802)1
(3) The Council on the Status of Grandparents Raising Grandchildren (R.S.2
46:2911 et seq.)3
(4) The Louisiana Advisory Council on Child Care and Early Education4
(R.S. 46:1401 et seq.)5
(5) The powers, duties, functions, and responsibilities of the following6
agencies previously abolished that have been transferred to the secretary of the7
Department of Children and Family Services:8
(a) Louisiana Health and Human Resources Administration (R.S. 46:1751-9
46:1767, and generally Chapters 1 and 11 of Title 40 and all of Title 46 of the10
Louisiana Revised Statutes of 1950, except R.S. 46:1601-1608) to the extent that the11
cited provisions provide with respect to agencies or functions placed in or transferred12
to the Department of Children and Family Services13
(b) State Youth Planning Advisory Commission (Act 430 of the 197514
Regular Session)15
(c) State Department of Public Welfare (Such provisions of Title 46 of the16
Louisiana Revised Statutes of 1950 as apply to the abolished department)17
(d) State Board of Public Welfare (Such provisions of Title 46 of the18
Louisiana Revised Statutes of 1950 as apply to the abolished board)19
* * *20
§471. Department of Children and Family Services; creation; domicile;21
composition; purpose and functions22
A. The Department of Children and Family Services is created as a state23
agency within the Department of Health and Hospitals and shall be a body corporate24
with the power to sue and be sued. The domicile of the department shall be in Baton25
Rouge where it shall maintain its principal offices, but the secretary may maintain26
branch offices if he deems it in the best interest of the efficient administration of the27
department. The department shall be an agency as defined in R.S. 36:3 and shall not28 HLS 14RS-2654 ORIGINAL
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be one of the twenty executive branch departments authorized by Article IV, Section1
1 of the Constitution of Louisiana.2
* * *3
§801.1. Transfer; retention of all functions4
A. The agencies transferred by the provisions of R.S. 36:4(B)(1)(dd), (B)(18)5
and (D), 4.1(C) and (G), 53(H), 209(R), 259(J), L(1), and (M), 409(N), 509(O),6
651(D), 725(A), and 769(J) shall continue to be comprised and selected as provided7
by law.8
* * *9
Section 2. R.S. 36:4(A)(10) is hereby repealed in its entirety.10
Section 3. In accordance with the purposes of the Executive Reorganization Act, it11
is the purpose of this Act to promote economy and efficiency in the operation and12
management of the functions of the state relative to health and social services, to strengthen13
the executive capacity of the Department of Health and Hospitals and the Department of14
Children and Family Services for effective, efficient, and economic administration while15
also improving the quality of the functions performed and the programs and services16
rendered by the department for the citizens of the state, and to eliminate to the fullest17
practicable extent duplication of effort within the executive branch of state government.18
This Act is intended to serve these purposes by providing for the reorganization and19
consolidation of the powers, duties, functions, and responsibilities of state agencies and20
entities relating to health and social services.21
Section 4.(A) On August 1, 2014, the Department of Children and Family Services22
shall no longer be one of the twenty executive branch departments authorized by Article IV,23
Section 1 of the Constitution of Louisiana but shall be an agency in the Department of24
Health and Hospitals as provided in R.S. 36:259(M) and 801.1 as provided in this Act.25
(B) This Act has the effect of abolishing one of the twenty departments in the26
executive branch of state government, and pursuant to the provisions of Act No. 384 of the27
2013 Regular Session of the Legislature, Sections 1 through 7 of Act No. 384 of the 201328
Regular Session of the Legislature shall become effective on August 1, 2014.29 HLS 14RS-2654 ORIGINAL
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Section 5. This Act shall become effective on August 1, 2014. 1
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. 1256
Abstract: Provides that the Dept. of Children and Family Services (DCFS) shall no longer
be one of the 20 executive branch departments authorized by the Constitution of La.
but shall be an independent agency in the Dept. of Health and Hospitals.
Present constitution provides that all offices, agencies, and other instrumentalities of the
executive branch of state government and their functions, powers, duties, and responsibilities
shall be allocated according to function within not more than 20 departments. Excepts the
offices of governor and lieutenant governor from such allocation. Provides that such
allocation shall be as provided by law.
Present law provides for the 20 departments and includes within the 20 departments the
Dept. of Health and Hospitals (DHH) and DCFS. Present law provides for the allocation of
agencies and functions of abolished agencies to the departments.
Proposed law removes DCFS as one of the 20 executive branch departments and provides
that it shall be a state agency. Transfers DCFS as an agency into DHH subject to provisions
(R.S. 36:801.1) for such transfer that make it an independent agency within DHH. Present
law (R.S. 36:801.1) provides that any agency transferred pursuant to it shall continue to
exercise all policymaking, rulemaking, licensing, regulation, enforcement, and adjudication
powers, duties, functions, and responsibilities provided or authorized by the constitution or
laws and all advisory powers, duties, and functions provided by law, and that it shall
continue to administer and implement all programs provided or authorized for it by law.
Provides that the executive head of the agency shall continue to employ, appoint, remove,
assign, and promote personnel necessary for the efficient administration and implementation
of programs, in accordance with applicable laws, rules, and regulations and shall continue
to perform and administer its functions which are in the nature of accounting and budget
control, procurement and contract management, management and program analysis, data
processing, personnel management, and grants management. Provides that the agency shall
exercise its powers, duties, functions, and responsibilities as provided by the constitution and
by law and administer and implement the programs authorized by law independently of the
secretary, the undersecretary, and any assistant secretary.
Proposed law provides that DCFS shall be an agency within DHH effective Aug. 1, 2014,
and on that date shall no longer be one of the 20 executive branch departments. Provides,
since the Act has the effect of abolishing one of the twenty departments in the executive
branch of state government, that on Aug. 1, 2014, pursuant to Act No. 384 of the 2013 RS,
Sections 1 through 7 of Act No. 384 of the 2013 RS (establishing and providing for the Dept.
of Elderly Affairs) shall become effective.
Effective on August 1, 2014.
(Amends R.S. 36:471(A) and 801.1(A), Adds R.S. 36:259(M), Repeals R.S. 36:4(A)(10))