HLS 18RS-1376 ORIGINAL
2018 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 21
BY REPRESENTATIVE GAROFALO
CHILDREN/SUPPORT: Requests the Department of Children and Family Services to study
the expedited process fee paid by child support obligors
1 A CONCURRENT RESOL UTION
2To urge and request the Department of Children and Family Services to study the
3 assessment, collection, and use of the expedited process fee provided for in R.S.
4 46:236.5 and to submit a report of its findings and recommendations to the
5 legislature no later than February 1, 2019.
6 WHEREAS, the Department of Children and Family Services is responsible for
7providing support enforcement services in accordance with R.S. 46:236.1.1 et seq.; and
8 WHEREAS, R.S. 46:236.5 requires the courts of this state to provide an expedited
9process for establishment of paternity and establishment or enforcement of child support;
10and
11 WHEREAS, courts that provide an expedited process also handle other domestic and
12family related matters; and
13 WHEREAS, R.S. 46:236.5(B)(1) allows courts to assess a fee of not more than five
14percent of all existing and future support obligations to fund the administrative costs of a
15system for expedited process and provides that the fee may be assessed and collected by the
16court against existing and future arrearages as well as ongoing support payments, whether
17or not an arrearage exists; and
18 WHEREAS, the fee is only assessed against child support obligors and does not
19reduce the amount of child support owed the obligee.
20 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
21urge and request the Department of Children and Family Services to study the use,
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HCR NO. 21
1assessment, and collection of the fee assessed by the courts of this state in accordance with
2R.S. 46:236.5(B)(1) and to submit a report of its findings and recommendations to the
3legislature no later than February 1, 2019.
4 BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby urge
5and request the Department of Children and Family Services to convene a task force
6comprised of the following members in order to conduct the study:
7 (1) The secretary of the Department of Children and Family Services or his
8designee.
9 (2) The program executive director of the child support enforcement program,
10division of family support, office of children and family services, Department of Children
11and Family Services.
12 (3) An attorney employed by the Department of Children and Family Services.
13 (4) Two representatives of the Louisiana Supreme Court as designated by the chief
14justice.
15 (5) The president of the Louisiana District Judges Association or his designee.
16 (6) The president of the Louisiana Hearing Officers' Association or his designee.
17 BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby urge
18and request the Department of Children and Family Services to conduct meetings of the task
19force at their headquarters in Baton Rouge and provide any necessary staff support needed
20to ensure timely compliance with the reporting requirement in this Resolution.
21 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
22Department of Children and Family Services, the Louisiana Supreme Court, the Louisiana
23District Judges Association, and the Louisiana Hearing Officers' 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 21 Original 2018 Regular Session Garofalo
Requests the Dept. of Children and Family Services (DCFS) to study the assessment,
collection, and use of the expedited process fee provided for by present law. Requests that
DCFS convene a task force comprised of the following individuals to conduct the requested
study:
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HCR NO. 21
(1)The secretary of DCFS.
(2)The program executive director of the child support enforcement program, division
of family support, office of children and family services, DCFS.
(3)An attorney employed by DCFS.
(4)Two representatives of the La. Supreme Court as designated by the chief justice.
(5)The president of the La. District Judges Assoc.
(6)The president of the La. Hearing Officers' Assoc.
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