Louisiana 2019 2019 Regular Session

Louisiana House Bill HB537 Comm Sub / Analysis

                    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 537 Original	2019 Regular Session	Mike Johnson
Abstract: Provides for the assignment of rights to the Department of Children and Family Services
of parents or other individuals whose children are in foster care.
Proposed law provides that parents or other individuals of children who have been voluntarily or
involuntarily placed in foster care, are deemed to have made an assignment of their right to the
Department of Children and Family Services (DCFS). 
Proposed law provides such assignment includes the parent or individual's entire right, title, and
interest, to any support obligation such parent or individual may have and:
(1)Occurs without the necessity of signing any documents.
(2)Constitutes an obligation owed to DCFS.
(3)Includes voluntary payments made to the parent at the time of placement.
Proposed law provides that during such assignment, without the necessity of signing any document,
the parent or individual shall be deemed to have consented to: 
(1)The designation as DCFS as payee. 
(2)Having the child support enforcement administrator act as his attorney and act in his name,
place, and stead. 
(3)Having the child support enforcement administrator perform the specific act of endorsing any
and all draft, checks, money orders, or other negotiable instruments representing support payments
which are received on behalf of such individual or parent. 
(4)Having DCFS be an indispensable party to any proceeding involving a support obligation or
arrearage owed. 
Proposed law prohibits any parent or individual who has had a child removed from the parents'
custody or voluntarily placed in foster care from entering into a contract for the collection of support.
Proposed law provides that any such contract is void and shall be considered a violation of public
policy.  Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 46:51.1.1)