Louisiana 2018 2018 Regular Session

Louisiana Senate Bill SB129 Engrossed / Bill

                    SLS 18RS-267	REENGROSSED
2018 Regular Session
SENATE BILL NO. 129
BY SENATORS GATTI, BARROW, BOUDREAUX, CARTER, CHABERT, CLAITOR,
COLOMB, ERDEY, LUNEAU, MILLS AND PRICE 
FAMILY LAW.  Provides relative to foster care children in high school. (gov sig)
1	AN ACT
2 To enact R.S. 46:286.24, relative to foster care; to provide relative to education; to provide
3 that a child may remain in foster care until he graduates from high school under
4 certain circumstances; to provide for benefits and services relative to the foster care
5 program; to provide terms, conditions, and requirements; to provide for the effective
6 date; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1.  R.S. 46:286.24 is hereby enacted to read as follows: 
9 §286.24. Foster care; high school student
10	A. The Department of Children and Family Services shall continue to
11 provide to a person in foster care and to the person’s foster parents all benefits
12 and services of the department’s foster care program after the person’s
13 eighteenth birthday if the person is a full time high school student, until the
14 person’s high school graduation or twenty-first birthday, whichever occurs first,
15 upon the written consent of the person and foster parents receiving the benefits
16 and services.
17	B. Acceptance of these benefits and services shall in no way deprive the
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words in boldface type and underscored are additions. SB NO. 129
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1 person in foster care of any rights or obligations conferred by attaining the age
2 of majority.
3	C. The benefits and services provided under this Section shall impose no
4 obligation of reimbursement upon the recipients.
5	D. The department shall notify all foster children and their foster
6 parents or other custodians in writing of the availability of these benefits and
7 services at the foster child’s seventeenth birthday, and every ninety days
8 thereafter until the child’s eighteenth birthday, unless the foster child and foster
9 parents or other custodians have already consented in writing to participating
10 in this program.
11 Section 2.  This Act shall take effect and become operative if and when the Act
12 which originated as Senate Bill No. 555 of this 2018 Regular Session of the Legislature is
13 enacted into law and becomes effective.
14 Section 3.  This Act shall become effective upon signature by the governor or, if not
15 signed by the governor, upon expiration of the time for bills to become law without signature
16 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
17 vetoed by the governor and subsequently approved by the legislature, this Act shall become
18 effective on the day following such approval.
The original instrument was prepared by Xavier I. Alexander. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Martha Hess.
DIGEST
SB 129 Reengrossed 2018 Regular Session	Gatti
Proposed law provides that a person in foster care and the person’s foster parents shall
continue to receive all benefits and services of the foster care program after the person’s 18th
birthday, if the person is a full-time high school student until the person’s high school
graduation or 21st birthday, whichever comes first.
Proposed law provides that acceptance of these benefits shall not deprive the person in foster
care of any rights or obligations conferred by attaining the age of majority.
Proposed law specifies that the benefits and services provided shall not impose any
obligation of reimbursement on the recipients.
Proposed law specifies that the Department of Children and Family Services shall notify all
foster children and their foster parents or other custodians in writing of the availability of
these benefits and services upon the child’s 17th birthday, and every ninety days thereafter
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until the child’s 18th birthday, unless the foster child and foster parents or other custodians
have already consented in writing to participate.
Proposed law provides that it shall take effect and become operative if and when S.B. No.
555 of the 2018 R.S. is enacted into law and becomes effective.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 46:286.24)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the
engrossed bill
1. Provides that a person in foster care and the person’s foster parents shall
continue to receive all benefits and services of the foster care program after
the person’s 18th birthday, if the person is a full-time high school student until the
person’s high school graduation or 21st birthday, whichever comes first.
2. Provides that acceptance of these benefits shall not deprive the person in
foster care of any rights or obligations conferred by attaining the age of
majority.
3. Specifies that the benefits and services provided shall not impose any
obligation of reimbursement on the recipients.
4. Specifies that the Department of Children and Family Services shall notify
all foster children and their foster parents or other custodians in writing of the
availability of these benefits and services upon the child’s 17th birthday, and
every ninety days thereafter until the child’s 18th birthday, unless the foster
child and foster parents or other custodians have already consented in writing
to participate.
5. Applies a contingency that this Act shall take effect and become operative if
and when Senate Bill No. 555 of the 2018 Regular Session of the Legislature
is enacted into law and becomes effective.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.