RÉSUMÉ DIGEST
ACT 33 (HB 112) 2019 Regular Session Stefanski
Prior law provided that no child should be newly placed in a foster home for temporary care,
except for emergency placement, or for adoption until it was determined that no adult living
in the home of the prospective foster or adoptive parent had been convicted of or pled nolo
contendere to a crime listed in existing law, R.S. 15:587.1(C).
New law repeals prior 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 existing law, R.S. 15:587.1(C), other than
a crime listed in new 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.
New law repeals prior law which provided 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 existing 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.
Prior law provided that nothing therein prohibited 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. New law revises prior law to provide that nothing in existing law or new
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 existing law and new law,
"any other adult living in the household" does not include a youth participating in the
Extended Foster Care Program.
Effective August 1, 2019.
(Amends R.S. 46:51.2(C))