HLS 19RS-546 ENGROSSED
2019 Regular Session
HOUSE BILL NO. 112
BY REPRESENTATIVE STEFANSKI
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CHILDREN/CARE: Provides relative to criminal convictions which disqualify a person
from becoming a foster or adoptive parent or relative guardian of a child
1 AN ACT
2To amend and reenact R.S. 46:51.2(C), relative to placement of children with foster or
3 adoptive parents or relative guardians; to prohibit the placement of a child with a
4 prospective foster or adoptive parent or relative guardian in certain cases and to
5 prohibit persons from receiving kinship guardian assistance payments in those cases;
6 to provide for determinations relative to the criminal history of a prospective foster
7 or adoptive parent or relative guardian; to provide for the set of criminal convictions
8 which disqualify a person from becoming a foster or adoptive parent or relative
9 guardian of a child; and to provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 46:51.2(C) is hereby amended and reenacted to read as follows:
12 ยง51.2. Criminal history and central registry information
13 * * *
14 C.(1) No child shall be newly placed in a foster home for temporary care,
15 except for emergency placement, or for adoption until it is determined that no adult
16 living in such home has been convicted of or pled nolo contendere to a crime listed
17 in R.S. 15:587.1(C). No prospective foster or adoptive parent or relative guardian
18 shall be finally approved for placement of a child or to receive kinship guardian
19 assistance payments until it is determined that the prospective foster or adoptive
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-546 ENGROSSED
HB NO. 112
1 parent, or relative guardian and any other adult living in the home of the relative
2 guardian, does not have any of the following:
3 (a) A felony conviction for child abuse or neglect; for spousal abuse; for a
4 crime against children, including child pornography; or for a crime involving
5 violence including rape, sexual assault, or homicide, but not including other assault
6 or battery.
7 (b) A felony conviction for physical assault, battery, or a drug-related
8 offense which occurred within the past five years.
9 (c) A felony conviction for a crime listed in R.S. 15:587.1(C), other than a
10 crime listed in Subparagraph (a) or (b) of this Paragraph, unless an assessment of the
11 circumstances of the crime and of the current situation of the prospective foster or
12 adoptive parent, or relative guardian and any other adult living in the home of the
13 relative guardian, has been conducted by the department and it has been determined
14 that the child would not be at risk if placed in the home.
15 (2) No child shall be newly placed in a foster home for temporary care,
16 except for emergency placement, or for adoption until it is determined that the
17 prospective foster or adoptive parent has not been convicted of or pled nolo
18 contendere to a felony listed in R.S. 40:966(C) and (E), 967(C), 968(C), 969(C), or
19 970(C) unless five or more years have elapsed between the date of placement and the
20 date of successful completion of any sentence, deferred adjudication, or period of
21 probation or parole.
22 (3) No child shall be placed by the department into a home where the
23 prospective foster or adoptive parent has been convicted of or pled nolo contendere
24 to a felony listed in Paragraph (2) of this Subsection until the individual has
25 submitted to and passed an initial drug test and has provided written consent to any
26 plan of random drug testing required by the department for the duration of the
27 placement. Any required drug tests shall be at the expense of the individual.
28 (4) Nothing in this Subsection shall be construed to prohibit or prevent the
29 department or its employees from considering any prior convictions of the
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-546 ENGROSSED
HB NO. 112
1 prospective foster or adoptive parent, relative guardian, or any other adult living in
2 the household in determining whether to place a child in a foster home for temporary
3 care or for adoption. For the purposes of this Paragraph, "any other adult living in
4 the household" does not include a youth participating in the Extended Foster Care
5 Program.
6 * * *
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)]
HB 112 Engrossed 2019 Regular Session Stefanski
Abstract: Revises present law relative to criminal convictions which disqualify a person
from becoming a foster or adoptive parent or relative guardian of a child.
Present law provides that no child shall be newly placed in a foster home for temporary care,
except for emergency placement, or for adoption until it is determined that no adult living
in the home of the prospective foster or adoptive parent has been convicted of or pled nolo
contendere to a crime listed in R.S. 15:587.1(C) of present law.
Proposed law repeals present law and provides instead that no prospective foster or adoptive
parent or relative guardian shall be finally approved for placement of a child or to receive
kinship guardian assistance payments until it is determined that such person or, in the case
of a prospective relative guardian, any other adult living in the home of the prospective
guardian, does not have any of the following:
(1)A felony conviction for child abuse or neglect; for spousal abuse; for a crime against
children, including child pornography; or for a crime involving violence including
rape, sexual assault, or homicide, but not including other assault or battery.
(2)A felony conviction for physical assault, battery, or a drug-related offense which
occurred within the past five years.
(3)A felony conviction for a crime listed in R.S. 15:587.1(C) of present law, other than
a crime listed in proposed law, unless an assessment of the circumstances of the
crime and of the current situation of the prospective foster or adoptive parent, or
relative guardian and any other adult living in the home of the relative guardian, has
been conducted by the La. Department of Children and Family Services (DCFS) and
it has been determined that the child would not be at risk if placed in the home.
Proposed law repeals present law providing for the following prohibitions:
(1)No child shall be newly placed in a foster home for temporary care, except for
emergency placement, or for adoption until it is determined that the prospective
foster or adoptive parent has not been convicted of or pled nolo contendere to a
felony listed in certain provisions of present law providing for prohibited acts
involving controlled substances (R.S. 40:966(C) and (E), 967(C), 968(C), 969(C),
or 970(C)) unless five or more years have elapsed between the date of placement and
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-546 ENGROSSED
HB NO. 112
the date of successful completion of any sentence, deferred adjudication, or period
of probation or parole.
(2)No child shall be placed by DCFS into a home where the prospective foster or
adoptive parent has been convicted of or pled nolo contendere to a felony involving
controlled substances listed in paragraph (1) above until the individual has submitted
to and passed an initial drug test and has provided written consent to any plan of
random drug testing required by DCFS for the duration of the placement.
Present law provides that nothing therein shall be construed to prohibit DCFS or its
employees from considering prior convictions in determining whether to place a child in a
foster home for temporary care or for adoption. Proposed law revises present law to provide
that nothing in present law or proposed law shall be construed to prohibit DCFS or its
employees from considering any prior convictions of the prospective foster or adoptive
parent, relative guardian, or any other adult living in the household in determining whether
to place a child in a foster home for temporary care or for adoption. Provides that for the
purposes of present law and proposed law, "any other adult living in the household" does not
include a youth participating in the Extended Foster Care Program.
(Amends R.S. 46:51.2(C))
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.