SLS 16RS-381 REENGROSSED
2016 Regular Session
SENATE BILL NO. 109
BY SENATOR BARROW
EARLY CHILDHOOD ED. Provides for confidentiality of applications and client case
records for child care assistance clients. (gov sig)
1 AN ACT
2 To enact R.S. 17:407.29, relative to early childhood programs; to provide relative to
3 confidentiality of applications and client case records for child care assistance
4 clients; to provide for exceptions; to provide for waiver of confidentiality; to provide
5 for penalties; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 17:407.29 is hereby enacted to read as follows:
8 ยง407.29. Confidentiality of applications and client case records for child care
9 assistance clients; waiver; penalty
10 A. Applications for assistance and information contained in case records
11 of child care assistance clients of the Department of Education shall be
12 confidential and, except as otherwise provided in this Section, it shall be
13 unlawful for any person to solicit, disclose, receive, make use of, authorize,
14 knowingly permit, participate in, or acquiesce in the use of applications or client
15 case records or the information contained therein for any purpose not directly
16 connected with the administration of department programs.
17 B. Notwithstanding any provision of law to the contrary, all offices and
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1 divisions within the department are hereby expressly authorized to share access
2 to child care assistance case records as necessary for the administration of the
3 programs they administer, except as prohibited by federal law or regulation.
4 C. Publication of lists or names of clients or applicants is prohibited,
5 except as provided in this Section.
6 D. Subject to the exceptions enumerated in this Subsection, confidential
7 information may be released to an outside source not directly connected with
8 the administration of department programs, but only upon written request of
9 the outside source and only after written waiver by the applicant, client, or his
10 legal representative is provided. Governmental authorities, the courts, and law
11 enforcement agencies shall be considered the same as any other outside source,
12 except as provided in Subsections E, F, and G of this Section.
13 E.(1) Upon request of any authorized person as defined in this
14 Subsection, the most recent address and place of employment of any absent
15 parent shall be provided if such information is available, notwithstanding any
16 other provision of this Section. For the purposes of this Subsection, the term
17 "authorized person" shall mean:
18 (a) Any agent or attorney of any state agency which has the duty or
19 authority to seek to recover any amounts owed as child support.
20 (b) Any court of competent jurisdiction which has authority to issue an
21 order against an absent parent for the support and maintenance of a child, or
22 any agency of such court.
23 (c) Any resident parent, legal guardian, attorney, or agent of any child,
24 except a child currently receiving aid to dependent children, without regard to
25 the existence of any court order against an absent parent who has a duty to
26 support and maintain the child.
27 (2) Department information pertaining to financial assistance programs
28 may be released in accordance with federal laws and regulations governing the
29 release of financial assistance program information.
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1 F. The following information shall not be subject to waiver and shall not
2 be released to applicants, recipients, or outside sources, except those outside
3 sources engaged in the administration of department programs:
4 (1) Information furnished to the department by persons, governmental
5 agencies, or other legal entities, when the provider of information is subject to
6 a confidentiality statute or regulation which prohibits release of such
7 information to an outside source.
8 (2) Information contained in applications for assistance and case records
9 that is furnished to law enforcement agencies or courts to aid in the prosecution
10 of criminal offenses related to any department program.
11 G. The department may release information to other state agencies that
12 are engaged in rendering services or treatment to a department program
13 recipient or former recipient. The agency receiving the information from the
14 department pursuant to this Subsection shall be bound by the same
15 confidentiality standard as prescribed in this Section with regard to release of
16 information to the recipient, the client's legal representative, or an outside
17 source.
18 H. Any person who knowingly and willfully violates any of the provisions
19 of this Section shall be fined not more than two thousand five hundred dollars
20 or imprisoned for not more than two years in the parish jail, or both, nor less
21 than five hundred dollars or ninety days on each count.
22 I. Notwithstanding any provision of this Section, in any hearing before
23 the State Civil Service Commission, Equal Employment Opportunity
24 Commission, and any office in the Louisiana Workforce Commission in its
25 capacity of administering the Louisiana Employment Security Law, or in any
26 civil or criminal judicial proceeding, wherein the work performance or conduct
27 of an employee of the department is at issue, client case records relevant to said
28 work performance or conduct shall be admissible. However, prior to admission
29 into evidence, the client case records shall have client names and identifying
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1 data obliterated. The department shall provide to the employee the relevant
2 case records with names and other identifying data obliterated, except that
3 where an employee is disciplined as a result of allegations made by the
4 guardian, parents, family members, or tutor of the client, the names of the
5 accuser shall not be withheld so as to deny the employee the right of
6 confrontation granted to him by the constitution and laws of the United States
7 of America and the state of Louisiana.
8 Section 2. This Act shall become effective upon signature by the governor or, if not
9 signed by the governor, upon expiration of the time for bills to become law without signature
10 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
11 vetoed by the governor and subsequently approved by the legislature, this Act shall become
12 effective on the day following such approval.
The original instrument was prepared by Margaret M. Corley. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Tammy Crain Waldrop.
DIGEST
SB 109 Reengrossed 2016 Regular Session Barrow
Present law provides for the Child Care and Development Fund Programs. (R.S. 17:407.28)
Proposed law provides that applications for assistance and the information contained in the
case records of child care assistance clients of the Department of Education (department)
shall be confidential and any use of such information not directly connected with the
administration of the department programs shall be unlawful.
Proposed law provides that publication of the names of clients or applicants is prohibited
except as provided.
Proposed law provides that confidential information may be released to an outside source
not directly connected with the administration of the program when written request is
submitted and a written waiver by the applicant, client or his legal representative is provided.
Proposed law provides that an authorized person shall be provided with the most recent
address and place of employment of any absent parent. An authorized person shall mean:
(1) Any agent of attorney of any state agency which has the authority to seek to recover
child support.
(2)Any court of competent jurisdiction, or agency of such court, which has authority to
issue an order against an absent parent for the support and maintenance of a child.
(3)Any resident parent, legal guardian, attorney, or agent of any child, except a child
currently receiving aid to dependent children, without regard to the existence of any
court order against an absent parent who has a duty to support and maintain any such
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child.
Proposed law provides that department information pertaining to financial assistance
programs may be released in accordance with federal laws and regulations.
Proposed law provides that certain information shall not be subject to waiver and shall not
be released to applicants, recipients, or outside sources, except those outside sources
engaged in the administration of the programs of the department. Further provides that
information not subject to waiver or release includes:
(1)Information furnished to the department by persons, governmental agencies, or other
legal entities when the provider of information is subject to a confidentiality statute
or regulation which prohibits release of such information to an outside source.
(2)Information contained in applications for assistance and case records that are
furnished to law enforcement agencies or courts to aid in prosecution of criminal
offenses related to any program.
Proposed law provides that the department may release information to other state agencies
that are engaged in rendering services or treatment to a department program recipient or
former recipient. Further provides that the agency receiving the information shall be bound
by the same confidentiality standard as provided for in proposed law.
Proposed law provides that any person who knowingly and willfully violates any of the
provisions of proposed law shall be fined not more than $2,500 or imprisoned for not more
than two years in the parish jail, or both, nor less than $500 or 90 days on each count.
Proposed law provides that client case records shall be admissible in a hearing before the
State Civil Service Commission, Equal Employment Opportunity Commission, and any
office in the Louisiana Workforce Commission in its capacity of administering the Louisiana
Employment Security Law, wherein the work performance or conduct shall be admissible.
Further provides that names and other identifying data be obliterated, except in the case of
discipline resulting from allegations made by the guardian, parent, family members, or tutor
of the client.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 17:407.29)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill
1. Makes technical changes.
2. Makes penalties contingent upon knowing and willful violation of proposed
law.
Senate Floor Amendments to engrossed bill
1. Removes requirement that the department inform certain persons of their
investigation of a public or private early learning center, registered family
child care home, or in-home provider.
2. Makes technical amendments.
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