RDCSB586 2270 5184
Page 1 of 2
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)]
Dorsey-Colomb SB No. 586
Present law in Children's Code provides procedures for adoption of a child. Provides that
the court, after hearing and after taking into consideration information from all sources
concerning the adoption, may enter a final decree of agency adoption, or it may deny the
adoption. The basic consideration shall be the best interests of the child.
Proposed law retains present law and adds that the court, as a part of the final decree, shall
provide notice of the provisions of proposed law to the parties concerning the crime of re-
homing of a child.
Proposed law creates the crime of re-homing of a child, defined as any of the following:
(1)A transaction, or any action taken to facilitate such transaction, through electronic
means or otherwise by a parent or any individual or entity with custody of a child
who intends to avoid or divest himself of permanent parental responsibility by
placing the child in the physical custody of a nonrelative, without court approval,
unless proposed law otherwise applies. Actions include but are not limited to
transferring, recruiting, harboring, transporting, providing, soliciting, or obtaining
a child for such transaction.
(2)The selling, transferring, or arranging for the sale or transfer of a minor child to
another person or entity for money or any thing of value or to receive such minor
child for such payments or thing of value.
(3)Assisting, aiding, abetting, or conspiring in the commission of any act described in
proposed law by any person or entity, regardless of whether money or any thing of
value has been promised to or received by the person.
Proposed law provides that re-homing does not include placements made with a relative,
stepparent, licensed adoption agency, licensed attorney, or the DCFS; placements made by
a licensed attorney or the DCFS; temporary placements made by parents or custodians for
designated short-term periods with a specified intent and time period for return of the child,
due to incarceration, military service, medical treatment, or incapacity of a parent; and
placement of child in another state in accordance with the requirements of the Interstate
Compact on the Placement of Children.
Proposed law provides that whoever commits the crime of re-homing of a child shall be
fined not more than $5,000 and shall be imprisoned at hard labor for not more than five
years.
Proposed law provides that it shall not be a defense to prosecution for a violation of
proposed law that the person being re-homed is actually a law enforcement officer or peace
officer acting within the official scope of his duties.
Proposed law provides that the provisions of present law regarding the multidisciplinary
team approach applicable to children who have been abused or neglected, to the extent
practical, shall apply to the children who are victims of the provisions of proposed law.
Present law provides that the provisions of present law shall govern the employment of
persons who have been convicted of, or pled guilty or nolo contendere to, certain crimes. RDCSB586 2270 5184
Page 2 of 2
Proposed law retains present law and adds the re-homing of a child.
Effective August 1, 2014.
(Amends Ch.C. Arts. 1217, 1239, 1255, 1282.3, 1283.14, 1284.3, and 1285.14 and R.S.
15:87.1(C)(1); adds R.S. 14:46.4)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Included language providing notice of re-homing crime in Ch. C. Art. 1284.3
concerning final decrees of adoption.
Senate Floor Amendments to engrossed bill
1. Makes technical changes.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
reengrossed bill.
1. Clarified that rehoming is any of the enumerated actions.
2. Provided that rehoming does not include the placement of a child by a licensed
adoption agency.