2017 Regular Session ENROLLED
SENATE BILL NO. 66
BY SENATORS BARROW AND THOMPSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact R.S. 36:4(B)(8) and R.S. 46:2402(3) and (6), 2403(A), (D)(1) and (E),
3 2404(A), (B), and (G), 2405, 2406(A), (B), (D), (E), (F) and (G), 2407, 2605(A)(6)
4 and (B)(11), and 2607, to enact R.S. 46:2404(H), 2405.1, 2603(A)(7), and
5 2605(A)(7) and (B)(17), and to repeal R.S. 36:478(F) and (K) and 802.9 and R.S.
6 46:450.4, 2405(B), 2605(B)(12) and (31), and Chapter 62 of Title 46 of the
7 Louisiana Revised Statutes of 1950, comprised of R.S. 46:2801, relative to the
8 Children's Cabinet, the Children's Trust Fund, and related governmental entities with
9 functions pertaining to child welfare; to revise the termination date of the Children's
10 Cabinet; to provide for the membership and duties of the Children's Cabinet
11 Advisory Board; to provide for the repeal of the Child Poverty Prevention Council
12 for Louisiana and the Community-based Family Center Program of the Louisiana
13 Children's Trust Fund Board; to provide for the transfer of the Children's Trust Fund
14 to the Children's Cabinet; to provide for duties of the Children's Cabinet relative to
15 the Children's Trust Fund; to provide for Children's Trust Fund staff reallocation; and
16 to provide for related matters.
ACT No. 237
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1 Be it enacted by the Legislature of Louisiana:
2 Section 1. R.S. 36:4(B)(8) is hereby amended and reenacted to read as follows:
3 §4. Structure of executive branch of state government
4 * * *
5 B.
6 * * *
7 (8) The Children's Cabinet and the Children's Cabinet Advisory Board, as
8 more specifically provided in R.S. 46:2601 through 2607, the Children's Trust
9 Fund, as more specifically provided in R.S. 46:2401 through 2407, and the
10 Council on the Status of Grandparents Raising Grandchildren, as more specifically
11 provided in R.S. 46:2605.1 through 2605.3, shall be placed within the office of the
12 governor.
13 * * *
14 Section 2. R.S. 46:2402(3) and (6), 2403(A), (D)(1) and (E), 2404(A), (B), and (G),
15 2405, 2406(A), (B), (D), (E), (F) and (G), 2407, 2605(A)(6) and (B)(11), and 2607 are
16 hereby amended and reenacted and R.S. 46:2404(H), 2405.1, 2603(A)(7), and 2605(A)(7)
17 and (B)(17) are hereby enacted to read as follows:
18 §2402. Definitions
19 Except where the context clearly indicates otherwise, in this Chapter:
20 * * *
21 (3) "Department" means the Department of Children and Family Services.
22 "Cabinet" means the Children's Cabinet, as provided for in R.S. 46:2601 et seq.
23 * * *
24 (6) "Office" means the office of children and family services the governor.
25 * * *
26 §2403. Creation of the Children's Trust Fund
27 A. There is hereby established a special fund in the state treasury to be known
28 as the "Children's Trust Fund", consisting of monies provided by the legislature and
29 monies received from any other sources, including funds derived from donations of
30 income tax refunds as provided in R.S. 47:120.33 47:120.35 and funds derived from
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1 fees as provided in Subsection B hereof of this Section. The legislature shall make
2 yearly appropriations to the fund for the purposes set forth in this Chapter to the
3 extent that state funds are available.
4 * * *
5 D.(1) The monies in the fund shall be used solely for programs designed to
6 prevent the physical and sexual abuse and gross neglect of children. Disbursement
7 of the amount appropriated each year shall be made as determined by the Children's
8 Cabinet with consideration of recommendations made by the Children's Trust
9 Fund Board. All unexpended and unencumbered monies in this fund at the end of the
10 fiscal year shall remain to the credit of the fund.
11 * * *
12 E. The board Children's Cabinet shall determine the eligibility of programs
13 to receive funding based upon a nonbiased system of scoring by volunteer grant
14 reviewers and recommendations by the Children's Trust Fund Board, and the
15 administration of the fund shall be exercised by the office of children and family
16 services of the Department of Children and Family Services in accordance with the
17 directives of the board cabinet and the provisions of R.S. 36:802.9 36:4(B)(8) and
18 R.S. 46:2407.
19 §2404. Louisiana Children's Trust Fund Board; created; membership
20 A. There is hereby established the Louisiana Children's Trust Fund Board
21 within the office of children and family services of the Department of Children and
22 Family Services, which shall serve as a subcommittee of the Children's Cabinet.
23 B.(1) The Louisiana Children's Trust Fund Board shall be composed of
24 fifteen members as follows:
25 (1) The secretary of the Department of Children and Family Services, or his
26 designee. (a) The executive director of the Children's Cabinet, or his designee.
27 (2)(b) The assistant secretary of the office of children and family services
28 child welfare of the Department of Children and Family Services, or his designee.
29 (c) The assistant secretary of the office of juvenile justice of the
30 Department of Public Safety and Corrections, or his designee.
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1 (3)(d) A representative of each of the following, appointed by the governor,
2 subject to Senate confirmation:
3 (a)(i) The Department of Education.
4 (b)(ii) The religious community.
5 (c) The office of juvenile justice of the Department of Public Safety and
6 Corrections.
7 (d)(iii) The university community.
8 (iv) The early childhood community.
9 (4)(e) One member appointed by the governor, subject to Senate
10 confirmation, from each of ten eight lists of three names, one such list to be
11 submitted by each of the following:
12 (a)(i) The Louisiana State Medical Society.
13 (b)(ii) The Louisiana Council of Juvenile and Family Court Judges.
14 (c)(iii) The Louisiana State Bar Association.
15 (d)(iv) The Louisiana Chapter of the National Association of Social
16 Workers.
17 (e)(v) The Louisiana Association of Chamber of Commerce Executives.
18 (f) The Louisiana Association for Education of Young Children.
19 (g)(vi) The Louisiana Psychological Association.
20 (h)(vii) The Louisiana State Conference of the National Association for the
21 Advancement of Colored People.
22 (i)(viii) The National Business League, New Orleans Chapter.
23 (5)(2) In making his appointments as provided in this Subsection, the
24 governor shall provide for geographic representation of all areas of the state and for
25 representation of minority groups.
26 * * *
27 G. The board shall make recommendations to the Children's Cabinet on
28 the following:
29 (1) Promulgate rules Rules and regulations necessary to implement the
30 provisions of this Chapter.
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1 (2) Review, evaluate, adopt, coordinate, and revise the The comprehensive
2 state plan for child abuse prevention, as provided in R.S. 46:2406 and funded
3 through the Children's Trust Fund.
4 (3) Have the authority to contract, in accordance with applicable provisions
5 of state law, for the provision of services needed to coordinate, develop, and write
6 a comprehensive state plan for child abuse prevention.
7 (4) Review, evaluate, and award grants Funding amounts of grant
8 proposals from the fund for child abuse and neglect prevention programs as
9 provided in R.S. 46:2407.
10 (5) Prepare and submit an annual report to the legislature and to the governor
11 sixty days prior to each regular legislative session.
12 (6)(4) Adopt the budget request Budget requests for the board that if
13 approved by the cabinet shall be presented by the executive director of the
14 cabinet to the and present it to the office of children and family services, the
15 governor and the executive budget office, and the Joint Legislative Committee on
16 the Budget.
17 (7)(5) Monitor, evaluate, and review the The development and quality of
18 services and child abuse prevention programs funded through the Children's Trust
19 Fund.
20 (8) Develop, implement, and administer a community-based family center
21 program in accordance with R.S. 46:450.4.
22 H. The board shall prepare and submit to the cabinet for review an
23 annual report regarding the status of the fund that, once approved by the
24 cabinet, shall be submitted to the legislature sixty days prior to each regular
25 legislative session.
26 §2405. Louisiana Children's Trust Fund Board; staff; duties
27 A. The board, with the approval of the secretary of the department executive
28 director of the Children's Cabinet, shall appoint an executive director for the board
29 who shall be in the unclassified service and who shall report to the executive
30 director of the Children's Cabinet.
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1 C. The executive director of the board shall perform duties and functions
2 as required by the board and under the direction of the executive director of the
3 cabinet.:
4 (1) Prepare the annual budget request for the board for adoption by the board.
5 (2) Act as agent for the board in the performance of its duties and subject to
6 its direction and serve as secretary of the board.
7 §2405.1. Louisiana Children's Trust Fund; transfer to Children's Cabinet;
8 report to legislature
9 On or before August 1, 2019, the Children's Trust Fund coordinator and
10 the executive director of the Children's Cabinet shall prepare and submit to the
11 standing legislative committees on health and welfare a comparative analysis
12 and report concerning the operations of the Children's Trust Fund during the
13 period prior to, and during the period after, the enactment of the provisions of
14 R.S. 46:2404(A) which transferred the Children's Trust Fund from within the
15 Department of Children and Family Services to the Children's Cabinet.
16 §2406. Comprehensive state plan for child abuse prevention
17 A. The board shall review and adopt make recommendations to the cabinet
18 regarding the comprehensive state plan and any revision thereof, prior to transmittal
19 of the plan as provided in this Section for child abuse prevention programs.
20 B. On or before January 1, 1989, the board The cabinet shall transmit the
21 comprehensive state plan for child abuse prevention programs funded through the
22 Children's Trust Fund to the governor, the president of the Senate, and the speaker
23 of the House of Representatives every five years beginning on January 1, 2018,
24 and shall review the plan for necessary changes annually.
25 * * *
26 D. The board shall by rule recommend rules to the cabinet that establish
27 procedures for preparation and adoption of the plan.
28 E. Prior to adoption of the state plan, the board cabinet shall submit the plan
29 it proposes to adopt to the Committees on Health and Welfare committees on health
30 and welfare of the Senate and House of Representatives for their approval as
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1 provided in R.S. 49:968. The comprehensive state plan shall be subject to approval
2 as provided in R.S. 49:968.
3 F. The board shall review the state plan at least biennially and the board shall
4 adopt make recommendations to the cabinet regarding any needed revision.
5 G. The Department of Children and Family Services, the Department of
6 Public Safety and Corrections, and the Department of Education shall participate and
7 cooperate in the development of the state plan as deemed necessary by the cabinet.
8 §2407. Funding of children's trust fund programs
9 A. The board in its annual budget request, cabinet shall identify the amount
10 of funds necessary for the implementation of this Chapter.
11 B. Monies appropriated or otherwise made available to the board cabinet to
12 implement the provisions of this Chapter shall be disbursed as follows:
13 (1) The board cabinet shall adopt a formula based on a recommendation
14 by the board for the distribution of funds from the Children's Trust Fund for
15 programs and services for child abuse prevention which shall provide for the
16 allocation of funds in each state planning district based upon the percentage of the
17 total state reported cases of abuse and neglect reported in the state planning district
18 and the percentage of the total state population under the age of eighteen years and
19 upon the service and program needs of the district, and after January 1, 1989, the
20 comprehensive state plan.
21 (2) Any funds which are not utilized within a state planning district shall be
22 reallocated to the remaining districts in accordance with the formula required by
23 Paragraph (1) of this Subsection.
24 (3) Ten percent of the amount appropriated to the board cabinet may be used
25 for administrative costs of the board. This ten percent limitation shall not apply to
26 costs for plan development and shall include provisions for staff support.
27 C. Appropriations made for distribution by the board cabinet for programs
28 and services shall be deposited in the fund and shall be disbursed by the office in
29 accordance with directives of the board cabinet.
30 D.(1) The board shall develop and, once approved by the cabinet, publish
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1 solicitations for grant proposals for grants to be funded from the Louisiana Children's
2 Trust Fund for child abuse prevention programs and services which are designed to
3 meet identified priorities.
4 (1)(2) After January 1, 1989, these priorities Priorities shall be based upon
5 information contained in the comprehensive state plan.
6 (2)(3) A priority ranking shall be made based upon the extent to which a
7 proposal meets identified needs, criteria for cost effectiveness, an evaluation
8 component providing outcome data, and a determination that the proposal provides
9 a mechanism for coordinating and integrating preventive services with other services
10 deemed necessary for working effectively with families who are at risk of child
11 abuse or neglect. Priority shall be given to primary and secondary prevention
12 programs and services.
13 E. The office board shall review and evaluate all proposals submitted for
14 grants for children's trust fund programs funding and services and make
15 recommendations to the cabinet regarding grant awards. The cabinet shall
16 make the final approval of grant awards.
17 F. On and after January 1, 1989, all All budget requests submitted by any
18 private nonprofit agency to the legislature for funding of programs related to child
19 abuse prevention shall conform to the comprehensive state plan application process
20 and any subsequent revision of the plan adopted pursuant to the provisions of this
21 Chapter. The services and programs of the Department of Children and Family
22 Services or any other public agency shall not be subject to the provisions of this
23 Subsection.
24 * * *
25 §2603. Children's Cabinet; powers and duties
26 A. In order to carry out the purposes of this Chapter and the purposes for
27 which it is created, the Children's Cabinet shall:
28 * * *
29 (7) Administer the Children's Trust Fund provided for in R.S. 46:2401
30 et seq.
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1 * * *
2 §2605. Children's Cabinet Advisory Board
3 A. The Children's Cabinet Advisory Board, hereinafter referred to as the
4 "advisory board", is hereby created. The purpose of the advisory board shall be to
5 provide information and recommendations from the perspective of advocacy groups,
6 service providers, and parents. Primary responsibilities of the Children's Cabinet
7 Advisory Board are:
8 * * *
9 (6) To make recommendations to the Children's Cabinet, through the
10 executive director, as to specific programs with the greatest potential for
11 reducing child poverty and funding opportunities for the implementation of
12 such programs.
13 (7) To make an annual report to the legislature, the Senate Committee on
14 Health and Welfare, the House Committee on Health and Welfare, the Select
15 Committee on Women and Children, and any other legislative committee requesting
16 a copy of the annual report, by January thirty-first summarizing. The report shall
17 summarize the well-being of Louisiana's children, the accomplishments of the past
18 year, and specific goals and priorities for the next fiscal year.
19 B. The advisory board shall be composed of the following members:
20 * * *
21 (11) The deputy secretary of the office of children and family services
22 assistant secretary of child welfare of the Department of Children and Family
23 Services.
24 * * *
25 (17) A representative of the Louisiana Policy Institute for Children.
26 * * *
27 §2607. Termination
28 The existence of the Children's Cabinet shall terminate, all legal authority
29 therefor shall cease, and this Chapter shall be repealed on August 15, 2018 August
30 1, 2022.
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1 Section 3. R.S. 36:478(F) and (K) and 802.9 and R.S. 46:450.4, 2405(B),
2 2605(B)(12) and (31), and Chapter 62 of Title 46 of the Louisiana Revised Statutes of 1950,
3 comprised of R.S. 46:2801, are hereby repealed in their entirety.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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