RÉSUMÉ DIGEST
ACT 473 (SB 109) 2016 Regular Session Barrow
Prior law provided for the Child Care and Development Fund Programs. (R.S. 17:407.28)
New 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.
New law provides that publication of the names of clients or applicants is prohibited except
as provided.
New 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.
New 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
child.
New law provides that department information pertaining to financial assistance programs
may be released in accordance with federal laws and regulations.
New 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.
New 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 new law.
New law provides that any person who knowingly and willfully violates any of the provisions
of new 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.
New 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 (June 13, 2016).
(Adds R.S. 17:407.29)