ENROLLED
2017 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 56
BY REPRESENTATIVE ABRAHAM
A CONCURRENT RESOL UTION
To urge and request the Department 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.
WHEREAS, pursuant to Louisiana law, an incarcerated parent of a child who is in
the custody of the Department of Children and Family Services is required to provide a
reasonable plan for the appropriate care of the child other than foster care; and
WHEREAS, the law further provides that failure of the incarcerated parent to provide
an appropriate plan for the child's care may result in an action to terminate parental rights;
and
WHEREAS, as stated by the authors of the Louisiana Children's Code Handbook,
"Two of the strongest political and personal belief systems are that by instinct and
acculturation, parents will safeguard their children and put their needs above the parent's
own desires and needs; and that when a parent lapses in shouldering his or her
responsibilities, reformation and redemption are always possible"; and
WHEREAS, in order to develop a reasonable plan for the appropriate care of his
child, a parent must be allowed access to information, materials, and resources that are
necessary for such purposes; and
WHEREAS, while Louisiana law currently provides a way by which an incarcerated
parent of children who are in the custody of the Department of Children and Family Services
can work with the department to develop a plan for the appropriate care of those children,
there is currently no similar mechanism for parents who are awaiting a criminal trial or
sentencing or for children who are not currently in the custody of the department.
Page 1 of 3 HCR NO. 56 ENROLLED
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Department 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.
BE IT FURTHER RESOLVED that the Department of Children and Family Services
study and develop a plan to address any barriers or complications that arise for inmates who,
under current law, are required to provide a reasonable plan for the appropriate care of his
child.
BE IT FURTHER RESOLVED that the Department of Children and Family Services
consider the following in conducting its study:
(1) Procedural issues encountered by parents in submitting a plan of care for the
child.
(2) Resources available through community alliances in major geographic areas to
help parents develop and complete a plan of care for the child.
(3) Possible accommodations that may be available, but not currently authorized by
law, that could be provided to parents in an effort to support them in completing and
submitting a plan of care for the child.
(4) The anticipated impact of extending current services, including any changes
considered in the study required by this Resolution, to parents who are not currently afforded
these services under current law.
BE IT FURTHER RESOLVED that the secretary of the Department of Children and
Family Services, or her designee appointed from within the department, lead the study with
the assistance and input of the following stakeholders who work in conjunction with the
Department of Children and Family Services to study and develop the plan as provided by
this Resolution:
(1) The governor or his designee.
(2) The secretary of the Louisiana Department of Health or his designee.
(3) The secretary of the Department of Public Safety and Corrections or his
designee.
Page 2 of 3 HCR NO. 56 ENROLLED
(4) The president of the Louisiana District Judges Association or his designee.
(5) The executive director of the Louisiana Sheriff's Association or his designee.
(6) The executive director of the Louisiana District Attorneys Association or his
designee.
(7) The president of the Children's Advocacy Centers of Louisiana or his designee.
(8) The president of the Louisiana Court Appointed Special Advocates for Children
or his designee.
(9) One member appointed by the president of the Senate.
(10) One member appointed by the speaker of the House of Representatives.
BE IT FURTHER RESOLVED that the Department of Children and Family Services
report its findings and any recommendations to the legislature, including recommendations
for legislative action, on or before February 1, 2018, and that the department provide any
necessary staff support needed to ensure timely compliance with the reporting requirements
of this Resolution.
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted
to the Department of Children and Family Services, the governor's office, the Louisiana
Department of Health, the Department of Public Safety and Corrections, the Louisiana
District Judges Association, the Louisiana Sheriff's Association, the Louisiana District
Attorneys Association, the Children's Advocacy Centers of Louisiana, and the Louisiana
Court Appointed Special Advocates for Children.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
Page 3 of 3