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Regular Session, 2014
HOUSE BILL NO. 249
BY REPRESENTATIVES PRICE, JAMES, LEGER, PIERRE, AND SMITH
CHILDREN/CARE: Provides for access to child care assistance by homeless families
AN ACT1
To amend and reenact R.S. 36:474(A)(11) and to enact Chapter 14-D of Title 46 of the2
Louisiana Revised Statutes of 1950, to be comprised of R.S. 46:1443 through 1443.3,3
relative to child care assistance for homeless families; to provide for requirements4
of the Child Care and Development Fund state plan; to provide for duties of the5
Department of Children and Family Services; to provide findings, purposes, and6
definitions; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 36:474(A)(11) is hereby amended and reenacted to read as follows:9
§474. Powers and duties of the secretary of the Department of Children and Family10
Services11
A. In addition to the functions, powers, and duties otherwise vested in the12
secretary by law, he shall:13
* * *14
(11) Except as provided in Subsection G of this Section, prepare and submit15
a state plan for participation in the Child Care and Development Block Grant16
Program and in the Title IV-A federal program to assist families at risk of welfare17
dependency. The secretary shall ensure that the Child Care and Development Fund18
plan of this state conforms with the requirements of the Improving Access to Child19
Care for Homeless Louisiana Families Act, R.S. 46:1443 et seq. The Joint House20 HLS 14RS-637 ENGROSSED
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Committee on Health and Welfare and the Senate Committee on Health and Welfare,1
jointly, shall serve as an advisory committee to the secretary to begin developing the2
state plan.3
* * *4
Section 2. Chapter 14-D of Title 46 of the Louisiana Revised Statutes of 1950,5
comprised of R.S. 46:1443 through 1443.3, is hereby enacted to read as follows:6
CHAPTER 14-D. ACCESS TO CHILD CARE FOR HOMELESS FAMI LIES7
§1443. Short title8
This Chapter shall be known and may be cited as the "Improving Access to9
Child Care for Homeless Louisiana Families Act".10
§1443.1. Definitions11
As used in this Chapter, the following terms have the meaning ascribed to12
them in this Section:13
(1) "Administration for Children and Families" and "ACF" mean the division14
of the United States Department of Health and Human Services which administers15
the Child Care and Development Block Grant.16
(2) "Child Care and Development Fund" and "CCDF" mean the fund and17
program authorized by the Child Care and Development Block Grant Act and18
Section 418 of the Social Security Act to assist low-income families in obtaining19
child care.20
(3) "Department" means the Department of Children and Family Services21
or its successor as administrator of the Child Care and Development Fund program22
in this state.23
(4)(a) "Homeless" means lacking a fixed, regular, and adequate nighttime24
residence.25
(b) For purposes of this Chapter, the term "homeless" shall encompass26
children and youths experiencing the particular conditions and situations provided27
for in Subtitle B of Title VII of the McKinney-Vento Education for Homeless28
Children and Youth Act (42 U.S.C. 11434a(2)).29 HLS 14RS-637 ENGROSSED
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§1443.2. Legislative findings; purposes1
A. The Legislature of Louisiana hereby finds and declares the following:2
(1) Families with minor children comprise a significant and growing3
segment of the homeless population of this state.4
(2) As filed with the Administration for Children and Families, the Child5
Care and Development Fund plan of this state for the period October 1, 2013,6
through September 30, 2015, authorizes the same services for families experiencing7
homelessness as for other low-income families. However, the plan does not address8
other eligibility factors that may be a barrier for homeless families in seeking child9
care assistance.10
(3) Louisiana requires parents who receive subsidized child care to work or11
attend school for a prescribed number of hours in a defined period as a condition of12
receiving child care assistance; but, unlike many other states, does not waive work13
and education activity requirements for homeless parents.14
(4) Compliance with work and education activity requirements, as is15
mandated currently for homeless parents to receive child care assistance, is16
disproportionately more burdensome for homeless parents than for parents with17
stable housing, and creates unique risks to the safety and health of homeless children.18
B. The purposes of this Chapter include, without limitation, the following:19
(1) To mitigate barriers that Louisiana families experiencing homelessness20
face in accessing child care.21
(2) To reduce the incidence of developmental delays and physical and mental22
health problems among young children who experience homelessness by providing23
access to quality child care.24
§1443.3. Child Care and Development Fund state plan; access by homeless families25
to child care assistance26
A. In order to fulfill the purposes of this Chapter, the secretary of the27
department shall take such actions as are necessary to accomplish all of the28
following:29 HLS 14RS-637 ENGROSSED
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(1) Ensure that services to families experiencing homelessness are included1
within the CCDF plan of this state if allowable as a use of Child Care and2
Development Block Grant funding pursuant to federal regulations.3
(2) Establish a grace period of a defined duration in which a homeless family4
can be authorized to receive subsidized child care pending submission of birth5
certificates and immunization records, as long as all other eligibility factors are met.6
(3) Waive requirements relative to hours of work and school engagement for7
homeless parents who apply for child care assistance and demonstrate that they are8
seeking employment or participating in a transitional living program for a period of9
not less than ninety days and not more than one hundred eighty days from the10
effective date of the certification for child care assistance.11
(4) Collaborate and coordinate efforts with all of the following persons and12
entities to improve access by homeless families to information concerning child care13
and transportation to child care placements:14
(a) Local child care programs.15
(b) Local educational agency liaisons designated pursuant to the16
McKinney-Vento Education for Homeless Children and Youth Act.17
(c) Any other persons and entities that provide services to homeless families.18
(5) Collect data that indicates whether parents who receive child care19
subsidies are homeless.20
B. The department shall promulgate rules in accordance with the21
Administrative Procedure Act, institute departmental policies, secure requisite22
federal approvals, and undertake any other actions as may be necessary to implement23
the provisions of this Section.24
Section 3. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 HLS 14RS-637 ENGROSSED
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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)]
Price HB No. 249
Abstract: Provides for access to child care assistance by homeless families through the
Child Care and Development Fund (CCDF) program.
Present law requires the secretary of the Dept. of Children and Family Services (DCFS) to
prepare and submit a state plan for participation in the federal Child Care and Development
Block Grant Program. Proposed law retains present law and adds requirement for the
secretary to ensure that the state plan conforms with the requirements of proposed law
relative to access to child care assistance by homeless families.
Proposed law establishes that its purposes include, without limitation, the following:
(1)To mitigate barriers that La. families experiencing homelessness face in accessing
child care.
(2)To reduce the incidence of developmental delays and physical and mental health
problems among young children who experience homelessness by providing access
to quality child care.
Proposed law defines "department", for purposes of proposed law, as the DCFS or its
successor as administrator of the Child Care and Development Fund (CCDF) program in this
state.
Proposed law requires the secretary of the department to take such actions as are necessary
to accomplish all of the following:
(1)Ensure that services to families experiencing homelessness are included within the
CCDF state plan if allowable as a use of Child Care and Development Block Grant
funding pursuant to federal regulations.
(2)Establish a grace period of a defined duration in which a homeless family can be
authorized to receive subsidized child care pending submission of birth certificates
and immunization records, as long as all other eligibility factors are met.
(3)Waive requirements relative to hours of work and school engagement for homeless
parents who apply for child care assistance and demonstrate that they are seeking
employment or participating in a transitional living program for a period of not less
than 90 days and not more than 180 days from the effective date of the certification
for child care assistance.
(4)Collaborate and coordinate efforts with all of the following persons and entities to
improve access by homeless families to information concerning child care and
transportation to child care placements:
(a)Local child care programs.
(b)Local educational agency liaisons designated pursuant to the
McKinney-Vento Education for Homeless Children and Youth Act.
(c)Any other persons and entities that provide services to homeless families. HLS 14RS-637 ENGROSSED
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(5)Collect data that indicates whether parents who receive child care subsidies are
homeless.
Proposed law requires the department to promulgate rules in accordance with the APA,
institute policies, secure requisite federal approvals, and undertake any other actions as may
be necessary to implement the provisions of proposed law.
Proposed law provides that proposed law shall be known and may be cited as the "Improving
Access to Child Care for Homeless Louisiana Families Act".
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 36:474(A)(11); Adds R.S. 46:1443-1443.3)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Revised legislative finding relative to the Child Care and Development Fund
plan to recognize that the plan authorizes the same services for homeless families
as for other low-income families, but does not address other eligibility factors
that may be a barrier for homeless families in seeking child care assistance.
2. Deleted a requirement that DCFS allow for a homeless child to enroll
immediately in subsidized care pending submission of necessary entry
documentation. Added in lieu thereof a requirement that DCFS establish a grace
period of a defined duration in which a homeless family can be authorized to
receive subsidized child care pending submission of birth certificates and
immunization records, provided that all other eligibility factors are met.
3. In proposed law requiring a homeless family to demonstrate that they are seeking
employment or participating in a transitional living program in order to qualify
for child care assistance, added stipulation that the employment search or
transitional living program participation be for a period of at least 90 days and
not more than 180 days from the effective date of the certification for child care
assistance.