HLS 17RS-1547 ENGROSSED
2017 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 56
BY REPRESENTATIVE ABRAHAM
CHILDREN/DCFS: Directs the Dept. of Children and Family Services to study and develop
a procedure by which parents who are awaiting a criminal trial or sentencing can
develop a plan of care for their child
1 A CONCURRENT RESOL UTION
2To authorize and direct the Department of Children and Family Services to study and
3 develop a procedure by which parents who are awaiting a criminal trial or sentencing
4 can work with the department to access all necessary information, materials, and
5 resources to develop a reasonable plan of appropriate care for their child, regardless
6 of whether the child is currently in the custody of the department.
7 WHEREAS, pursuant to Louisiana law, an incarcerated parent of a child who is in
8the custody of the Department of Children and Family Services is required to provide a
9reasonable plan for the appropriate care of the child other than foster care; and
10 WHEREAS, the law further provides that failure of the incarcerated parent to provide
11an appropriate plan for the child's care may result in an action to terminate parental rights;
12and
13 WHEREAS, as stated by the authors of the Louisiana Children's Code Handbook,
14"Two of the strongest political and personal belief systems are that by instinct and
15acculturation, parents will safeguard their children and put their needs above the parent's
16own desires and needs; and that when a parent lapses in shouldering his or her
17responsibilities, reformation and redemption are always possible"; and
18 WHEREAS, in order to develop a reasonable plan for the appropriate care of his
19child, a parent must be allowed access to information, materials, and resources that are
20necessary for such purposes; and
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HCR NO. 56
1 WHEREAS, while Louisiana law currently provides a way by which an incarcerated
2parent of children who are in the custody of the Department of Children and Family Services
3can work with the department to develop a plan for the appropriate care of those children,
4there is currently no similar mechanism for parents who are awaiting a criminal trial or
5sentencing or for children who are not currently in the custody of the department.
6 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
7authorize and direct the Department of Children and Family Services to study and develop
8a procedure by which parents who are awaiting a criminal trial or sentencing can work with
9the department to access all necessary information, materials, and resources to develop a
10reasonable plan of appropriate care for their child, regardless of whether the child is
11currently in the custody of the department.
12 BE IT FURTHER RESOLVED that the Department of Children and Family Services
13shall also study and develop a plan to address any barriers or complications that arise for
14inmates who, under current law, are required to provide a reasonable plan for the appropriate
15care of his child.
16 BE IT FURTHER RESOLVED that the Department of Children and Family Services
17shall also consider the following in conducting its study:
18 (1) Procedural issues encountered by parents in submitting a plan of care for the
19child.
20 (2) Resources available through community alliances in major geographic areas to
21help parents develop and complete a plan of care for the child.
22 (3) Possible accommodations that may be available, but not currently authorized by
23law, that could be provided to parents in an effort to support them in completing and
24submitting a plan of care for the child.
25 (4) The anticipated impact of extending current services, including any changes
26considered in the study required by this Resolution, to parents who are not currently afforded
27these services under current law.
28 BE IT FURTHER RESOLVED that the secretary of the Department of Children and
29Family Services, or her designee appointed from within the department, shall lead the study
30with the assistance and input of the following stakeholders who shall work in conjunction
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HCR NO. 56
1with the Department of Children and Family Services to study and develop the plan as
2provided by this Resolution:
3 (1) The governor or his designee.
4 (2) The secretary of the Louisiana Department of Health or her designee.
5 (3) The secretary of the Department of Public Safety and Corrections or his
6designee.
7 (4) The president of the Louisiana District Judges Association or his designee.
8 (5) The executive director of the Louisiana Sheriff's Association or his designee.
9 (6) The executive director of the Louisiana District Attorneys Association or his
10designee.
11 BE IT FURTHER RESOLVED that the Department of Children and Family Services
12report its findings and any recommendations to the legislature, including recommendations
13for legislative action, on or before February 1, 2018, and that the department provide any
14necessary staff support needed to ensure timely compliance with the reporting requirements
15of this Resolution.
16 BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted
17to the Department of Children and Family Services, the governor's office, the Louisiana
18Department of Health, the Department of Public Safety and Corrections, the Louisiana
19District Judges Association, the Louisiana Sheriff's Association, and the Louisiana District
20Attorneys Association.
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)]
HCR 56 Engrossed 2017 Regular Session Abraham
Directs the Dept. of Children and Family Services to study and develop a procedure by
which parents who are awaiting a criminal trial or sentencing can work with the department
to access all necessary information, materials, and resources to develop a reasonable plan
of appropriate care for their child, regardless of whether the child is currently in the custody
of the department.
Requires the department to report its findings to the legislature no later than Feb. 1, 2018.
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