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 Original 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 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))