HLS 16RS-846 REENGROSSED 2016 Regular Session HOUSE BILL NO. 475 BY REPRESENTATIVE HOFFMANN CHILDREN/DCFS: Provides for the organization of the Department of Children and Family Services 1 AN ACT 2To amend and reenact R.S. 15:555(A)(17), R.S. 36:3(4), 9(C)(2)(introductory paragraph), 3 472(A), and 475, and R.S. 46:236.1.1(13) and to enact R.S. 36:476, relative to the 4 organization of the Department of Children and Family Services; to rename the 5 divisions of the department; to authorize a deputy secretary and assistant secretaries; 6 to provide for an effect date; and to provide for related matters. 7Be it enacted by the Legislature of Louisiana: 8 Section 1. R.S. 15:555(A)(17) is hereby amended and reenacted to read as follows: 9 §555. Sexual Assault Task Force; creation; membership; meetings 10 A. The Louisiana Sexual Assault Task Force is hereby created within the 11 Department of Justice, office of the attorney general. The task force shall consist of 12 twenty-five members as follows: 13 * * * 14 (17) The deputy assistant secretary of programs child welfare of the 15 Department of Children and Family Services, or his designee. 16 * * * 17 Section 2. R.S. 36:3(4), 9(C)(2)(introductory paragraph), 472(A), and 475 are hereby 18amended and reenacted and R.S. 36:476 is hereby enacted to read as follows: 19 §3. Definitions 20 For the purposes of this Title the following terms shall have the following 21 meanings unless the context clearly indicates otherwise: 22 * * * Page 1 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-846 REENGROSSED HB NO. 475 1 (4) "Deputy secretary" means the officer authorized to be appointed by the 2 secretary to serve as his principal administrative assistant. For the Department of 3 Public Safety and Corrections, the "deputy secretary for public safety services" and 4 the "deputy secretary for corrections services" shall be the officers of the department 5 appointed by the secretary to serve as the principal administrative assistants of the 6 secretary and references in any provision of law to the deputy secretary, where 7 reference is to a deputy secretary of the Department of Public Safety and 8 Corrections, shall include these two officers. For the Louisiana Workforce 9 Commission, the "deputy executive director" shall mean the officer authorized by the 10 executive director to serve as his principal administrative assistant. For the 11 Department of Children and Family Services, "deputy secretary" means the officers 12 appointed by the secretary to direct and be responsible for the functions of the 13 division of programs and the division of operations within the office of children and 14 family services. 15 * * * 16 §9. Designation of certain organizational units; uniform terminology 17 * * * 18 C. 19 * * * 20 (2) For the Department of Children and Family Services, each organizational 21 unit which reports to the secretary, which is not an agency and is not within the 22 division of management and finance, the division of programs, child welfare, or the 23 division of operations, family support, shall be in the executive division, and shall 24 be designated as follows: 25 * * * 26 §472. Officers of the department; compensation for one office only 27 A. The officers of the department shall be the secretary, the deputy secretary, 28 the undersecretary, the deputy secretary of programs assistant secretary of child Page 2 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-846 REENGROSSED HB NO. 475 1 welfare, and the deputy secretary of operations, assistant secretary of family support, 2 each of whom shall be selected and shall perform functions as provided in this Title. 3 * * * 4 §475. Deputy secretaries secretary 5 A. There shall be a deputy secretary of programs and a deputy secretary of 6 operations, each of whom shall be appointed by the secretary with consent of the 7 Senate and shall serve at the pleasure of the secretary at a salary fixed by the 8 secretary, which salary shall not exceed the amount approved for the respective 9 position by the legislature while in session. The deputy secretary of programs shall 10 serve as acting secretary in the absence of the secretary. 11 B. The deputy secretary of programs shall manage the division of programs 12 and perform the duties and functions of the department related to program 13 development and administration and development of rules and policies to govern the 14 various programs of the office of children and family services. 15 C. The deputy secretary of operations shall manage the division of 16 operations and perform the duties and functions of the department related to the 17 program service delivery for the various programs of the office of children and 18 family services. 19 The secretary may appoint, with consent of the Senate, a deputy secretary of 20 the department who shall serve at the pleasure of the secretary at a salary fixed by 21 the secretary, which salary shall not exceed the amount approved for such position 22 by the legislature while in session. The duties and functions of the deputy secretary 23 shall be determined and assigned by the secretary. If appointed, the deputy secretary 24 shall serve as acting secretary in the absence of the secretary. 25 §476. Assistant secretaries 26 A. There shall be an assistant secretary of child welfare and an assistant 27 secretary of family support, who shall be appointed by the governor with consent of 28 the Senate and who shall serve at the pleasure of the governor at a salary fixed by the Page 3 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-846 REENGROSSED HB NO. 475 1 governor, which salary shall not exceed the amount approved for such position by 2 the legislature while in session. 3 B. The assistant secretary of child welfare shall manage the division of child 4 welfare and perform the duties and functions of the division related to program 5 development and administration, program service delivery, and development of rules 6 and policy to govern the various programs of the division. 7 C. The assistant secretary of family support shall manage the division of 8 family support and perform the duties and functions of the division related to 9 program development and administration, program service delivery, and 10 development of rules and policy to govern the various programs of the division. 11 Section 3. R.S. 46:236.1.1(13) is hereby amended and reenacted to read as follows: 12 §236.1.1. Family and child support programs; definitions 13 For the purposes of this Subpart, the following items shall mean: 14 * * * 15 (13) "CSE administrator" means the program executive director of the child 16 support enforcement section, division of programs, family support, office of children 17 and family services, Department of Children and Family Services. 18 * * * 19 Section 4. This Act shall become effective on July 1, 2016. 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)] HB 475 Reengrossed 2016 Regular Session Hoffmann Abstract: Provides for the divisions and officers of the Dept. of Children and Family Services (DCFS). Present law divides DCFS into the division of programs and the division of operations and provides for a deputy secretary for each division. Proposed law renames the division of programs to the division of child welfare and renames the division of operations to the division of family support. Proposed law further provides for an assistant secretary for each division to be appointed by the governor. Page 4 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-846 REENGROSSED HB NO. 475 Proposed law authorizes the secretary of DCFS to appoint a single deputy secretary to perform duties and functions determined and assigned by the secretary. Proposed law requires the deputy secretary to serve as acting secretary in the absence of the secretary. Proposed law updates references to the division of operations and division of programs in present law to either the division of child welfare or the division of family support. Effective July 1, 2016. (Amends R.S. 15:555(A)(17), R.S. 36:3(4), 9(C)(2)(intro. para.), 472(A), and 475, and R.S. 46:236.1.1(13); Adds R.S. 36:476) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Health and Welfare to the original bill: 1. Make technical changes. 2. Update references in present law provisions regarding the La. Sexual Assault Task Force and family and child support programs. 3. Change the appointing authority for the assistant secretaries from the secretary of the department to the governor. The House Floor Amendments to the engrossed bill: 1. Make a technical correction to a citation in the title of the bill. 2. Update the heading of a section amended by proposed law. Page 5 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions.