HLS 20RS-461 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 215
BY REPRESENTATIVE BACALA
ADOPTION: Provides for uniform post-placement functions associated with agency
adoptions and private adoptions
1 AN ACT
2To amend and reenact Children's Code Article 1233 and to enact Children's Code Articles
3 1213(D), 1217.1, 1235(D), and 1239.1, relative to adoptions; to provide for
4 supervisory visits by the Department of Children and Family Services prior to
5 finalization; to provide for reporting requirements to the Department of Children and
6 Family Services; to provide for the availability of certain statistics to the public; to
7 provide the duration of final decree at first hearings for private adoptions; and to
8 provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. Children's Code Article 1233 is hereby amended and reenacted and
11Children's Code Articles 1213(D), 1217.1, 1235(D), and 1239.1 are hereby enacted to read
12as follows:
13 Art. 1213. Continuing duties of the department; home study report
14 * * *
15 D. The following qualifications shall be satisfied prior to final decree of the
16 adoption:
17 (1) The department shall conduct an initial in home face-to-face supervisory
18 visit with the child and one adoptive parent within seven calendar days of the child's
Page 1 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-461 ORIGINAL
HB NO. 215
1 placement. The next home face-to-face supervisory visit shall occur the following
2 month.
3 (2) After the visits provided in Subparagraph (1) of this Paragraph, the
4 department shall conduct an in-home supervisory visit with one adoptive parent at
5 least once every other month. The department shall observe the child in the home
6 during the monthly visit.
7 (3) The department shall conduct a private supervisory visit with each child
8 age one year and above every other month with at least a segment of the visit
9 occurring in the adoptive home.
10 (4) The department shall conduct an in-home supervisory visit with both
11 adoptive parents and child within thirty days prior to the final decree.
12 (5) The department shall document the following information for visits
13 conducted in Subparagraphs (1) through (4) of this Paragraph:
14 (a) The date and time of the visit.
15 (b) The individuals present at the time of the visit.
16 (c) The location of the visit.
17 (d) The duration of the visit.
18 (e) An assessment of adjustment of both the child and the parent.
19 (f) An assessment of the attachment and bonding between the child and the
20 parent.
21 (g) An assessment of the child's health.
22 (h) A description of changes since last contact.
23 (i) A summary of the visit.
24 (j) The signature of a person conducting the supervisory visit or phone
25 contact.
26 (6) At least three of the supervisory visits prior to adoption finalization and
27 including the visit prior to the final decree shall include both adoptive parents and
28 all other members of the household.
Page 2 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-461 ORIGINAL
HB NO. 215
1 (7) Observations made during the supervisory visits shall be used in making
2 recommendations for the finalization of the adoption. If problems are identified, the
3 department shall assist the family directly and refer the family to a resource to
4 address the concerns.
5 (8) The department shall be available to provide the child and adoptive
6 parent assistance, consultation, and emotional support with situations and problems
7 encountered in permanent placement through finalization.
8 (9) The department shall provide a twenty-four hour crisis intervention to the
9 adoptive family through finalization.
10 * * *
11 Art. 1217.1. Reporting requirement; statistical availability
12 A. Once a final decree is rendered, the court shall notify the Department of
13 Children and Family Services of the following information:
14 (1) The age of the child at the time of finalization.
15 (2) The gender of the child.
16 (3) The race of the child.
17 (4) The location of placement.
18 (5) Other non-identifying information the Department of Children and
19 Family Services requests in order to maintain statistical records of adoption
20 finalizations.
21 B. The Department of Children and Family Services shall release yearly
22 statistics on adoptions of children born in Louisiana and placement of those children,
23 regardless of the state where the adoption is finalized. These statistics shall be made
24 available to the public.
25 * * *
26 Art. 1233. Final decree at first hearing
27 Notwithstanding Article 1238, upon due consideration of the factors
28 enumerated in Article 1230(B), the court may render a final decree of private
29 adoption at the first hearing, without the necessity of first entering an interlocutory
Page 3 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-461 ORIGINAL
HB NO. 215
1 decree, only if the rights of the child's parents have been terminated pursuant to Title
2 X or XI and the child has lived in the petitioner's home for one year six months.
3 * * *
4 Art. 1235. Continuing duties of the department; home study report
5 * * *
6 D. The following qualifications shall be satisfied prior to final decree of the
7 adoption:
8 (1) The department shall conduct an initial in home face-to-face supervisory
9 visit with the child and one adoptive parent within seven calendar days of the child's
10 placement. The next home face-to-face supervisory visit shall occur the following
11 month.
12 (2) After the visits provided in Subparagraph (1) of this Paragraph, the
13 department shall conduct an in-home supervisory visit with one adoptive parent at
14 least once every other month. The department shall observe the child in the home
15 during the monthly visit.
16 (3) The department shall conduct a private supervisory visit with each child
17 age one year and above every other month with at least a segment of the visit
18 occurring in the adoptive home.
19 (4) The department shall conduct an in-home supervisory visit with both
20 adoptive parents and child within thirty days prior to the final decree.
21 (5) The department shall document the following information for visits
22 conducted in Subparagraphs (1) through (4) of this Paragraph:
23 (a) The date and time of the visit.
24 (b) The individuals present at the time of the visit.
25 (c) The location of the visit.
26 (d) The duration of the visit.
27 (e) An assessment of adjustment of both the child and the parent.
28 (f) An assessment of the attachment and bonding between the child and the
29 parent.
Page 4 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-461 ORIGINAL
HB NO. 215
1 (g) An assessment of the child's health.
2 (h) A description of changes since last contact.
3 (i) A summary of the visit.
4 (j) The signature of a person conducting the supervisory visit or phone
5 contact.
6 (6) At least three of the supervisory visits prior to adoption finalization and
7 including the visit prior to the final decree shall include both adoptive parents and
8 all other members of the household.
9 (7) Observations made during the supervisory visits shall be used in making
10 recommendations for the finalization of the adoption. If problems are identified, the
11 department shall assist the family directly and refer the family to a resource to
12 address the concerns.
13 (8) The department shall be available to provide the child and adoptive
14 parent assistance, consultation, and emotional support with situations and problems
15 encountered in permanent placement through finalization.
16 (9) The department shall provide a twenty-four hour crisis intervention to the
17 adoptive family through finalization.
18 * * *
19 Art. 1239.1. Reporting requirement; statistical availability
20 A. Once a final decree is rendered, the court shall notify the Department of
21 Children and Family Services of the following information:
22 (1) The age of the child at the time of finalization.
23 (2) The gender of the child.
24 (3) The race of the child.
25 (4) The location of placement.
26 (5) Other non-identifying information the Department of Children and
27 Family Services requests in order to maintain statistical records of adoption
28 finalizations.
Page 5 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-461 ORIGINAL
HB NO. 215
1 B. The Department of Children and Family Services shall release yearly
2 statistics on adoptions of children born in Louisiana and placement of those children,
3 regardless of the state where the adoption is finalized. These statistics shall be made
4 available to the public.
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 215 Original 2020 Regular Session Bacala
Abstract: Requires supervisory visits from the Dept. of Children and Family Services
(DCFS) or its designee in agency adoptions and private adoptions; requires non-
identifying statistical information be reported to DCFS; requires DCFS to report
statistics on adoptions in-state and out-of-state; and shortens the length of time for
the final decree at first hearing for private adoptions.
Proposed law requires multiple supervisory visits from DCFS or its designee prior to the
final adoption decree. DCFS or its designee is required to document each visit, and the
observations made during the supervisory visits shall be used in making recommendations
for finalizations of agency adoptions.
Proposed law requires DCFS or its designee to refer the family to resources if problems
arise.
Proposed law requires courts to report adoptions and statistical, non-identifying information
to DCFS.
Proposed law requires DCFS to release a yearly report of adoption statistics within the state
and adoptions that place the child out-of-state.
Present law provides that courts may render a final decree at first hearings for private
adoptions if the child has lived in the petitioner's home for one year.
Proposed law shortens the length of time a child has lived in the petitioner's home to six
months.
Proposed law requires multiple supervisory visits from DCFS or its designee prior to the
final adoption decree. DCFS or its designee is required to document each visit, and the
observations made during the supervisory visits shall be used in making recommendations
for finalizations for private adoptions.
(Amends Ch.C. Art. 1233; Adds Ch.C. Arts. 1213(D), 1217.1, 1235(D), and 1239.1)
Page 6 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.