Louisiana 2019 2019 Regular Session

Louisiana Senate Bill SB145 Comm Sub / Analysis

                    The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 145 Original	2019 Regular Session	Johns
Present law provides that allegations that a child is in need of care shall assert one or more of the
following grounds:
(1)The child is the victim of abuse perpetrated, aided, or tolerated by the parent or caretaker, by
a person who maintains an interpersonal dating or engagement relationship with the parent
or caretaker, or by a person living in the same residence with the parent or caretaker as a
spouse whether married or not, and his welfare is seriously endangered if he is left within the
custody or control of that parent or caretaker.
(2)The child is a victim of neglect.
(3)The child is without necessary food, clothing, shelter, medical care, or supervision because
of the disappearance or prolonged absence of his parent or when, for any other reason, the
child is placed at substantial risk of imminent harm because of the continuing absence of the
parent.
(4)As a result of a criminal prosecution, the parent has been convicted of a crime against the
child who is the subject of this proceeding, or against another child of the parent, and the
parent is now unable to retain custody or control or the child's welfare is otherwise
endangered if left within the parent's custody or control.
(5)The conduct of the parent, either as principal or accessory, constitutes a crime against the
child or against any other child.
(6)The child is a victim of human trafficking or trafficking of children for sexual purposes.
(7)The child is a victim of commercial sexual exploitation, human trafficking, or trafficking of
children for sexual purposes, as provided for in present law, perpetrated by any person
regardless of the perpetrator's relationship to the child.
(8)The child is a victim of female genital mutilation, as defined in present law, or is the sister
of a child who has had the crime of female genital mutilation committed upon her.
Proposed law deletes Item (7), above, as redundant with Item (6).  Proposed law otherwise retains
present law.
Proposed law provides that, subject to appropriation by the legislature, the Dept. of Children and
Family Services, working in collaboration with the Dept. of Health, and the Family in Need of Services Assistance Program, with the assistance of the La. Alliance of Children's Advocacy Centers,
is to create a coalition to develop a human trafficking victim services delivery model.  Proposed law
further provides that the model is to be developed with consideration of the recommendations of and
collaborating with the La. Human Trafficking Prevention Commission and Advisory Board, and
provide a multi-disciplinary and agency approach that coordinates resources and improves the
statewide response and delivery of services to victims.
Proposed law provides that the human trafficking victim services delivery model is to provide a plan
to address and promote the following goals including but not limited to:
(1)Safe and sufficient placements.
(2)Available and adequate funding sources.
(3)Stakeholder partnerships.
(4)Coordinated response.
(5)Appropriate and responsive services.
Proposed law provides that the Dept. of Children and Family Services is to promulgate any rules
necessary to implement the provisions of proposed law.
Proposed law provides that the Dept. of Children and Family Services is to provide a report on the
development of the coalition's services delivery model to the senate and house committees on health
and welfare by 2/1/20 and annually thereafter until completion of the model.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends Ch.C. Art. 606(A)(6) and (7); adds R.S. 46:62; repeals Ch.C. Art. 606(A)(8))