HLS 21RS-293 REENGROSSED
2021 Regular Session
HOUSE BILL NO. 37
BY REPRESENTATIVES BACALA, ADAMS, AMEDEE, BAGLEY, BOURRIAQUE,
BRYANT, CORMIER, COX, CREWS, DAVIS, DEVILLIER, DUPLESSIS,
ECHOLS, EDMONDS, EDMONSTON, EMERSON, FIRMENT, FONTENOT,
FREIBERG, GADBERRY, GREEN, HILFERTY, HODGES, HORTON, HUGHES,
ILLG, JAMES, MIKE JOHNSON, TRAVIS JOHNSON, MARCELLE,
MCCORMICK, MCKNIGHT, GREGORY MILLER, MOORE, CHARLES OWEN,
PRESSLY, ROMERO, SCHAMERHORN, STAGNI, THOMAS, THOMPSON,
VILLIO, WHITE, AND WRIGHT AND SENATOR FOIL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ADOPTION: Provides for uniform post-placement functions associated with agency
adoptions and private adoptions
1 AN ACT
2To amend and reenact Children's Code Articles 1213(A) and (B), 1233, and 1235 and to
3 enact Children's Code Articles 1213(D), 1217.1, and 1239.1, relative to adoptions;
4 to provide for post-placement functions for agency and private adoptions; to provide
5 for visits prior to finalization; to provide for assistance to the families and children;
6 to provide for reporting and statistical requirements; to provide relative to a final
7 decree of private adoption; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. Children's Code Articles 1213(A) and (B), 1233, and 1235 are hereby
10amended and reenacted and Children's Code Articles 1213(D), 1217.1, and 1239.1 are
11hereby enacted to read as follows:
12 Art. 1213. Continuing duties of the department; home study report
13 A. After an interlocutory decree has been entered, the department shall
14 maintain contact with the proposed adoptive home directly or through another
15 agency in accordance with Paragraph B D of this Article. The number of visits to
16 the home and the time for them shall be within the discretion of the department.
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1 However, no less than two visits shall be made to the home, one of which shall occur
2 within thirty days before the final decree of agency adoption.
3 B. The department may delegate the performance of this investigation to a
4 licensed private adoption agency, but the department remains responsible for
5 ensuring the accuracy and thoroughness of the resulting report and for licensed
6 private adoption placing agency, or the department for children in department
7 custody, maintains responsibility for the safety and welfare of the child. The
8 department is responsible for submission of a confidential court report that ensures
9 the accuracy and thoroughness of the resulting reports. The department shall adopt,
10 promulgate, and enforce such rules and regulations as are necessary and appropriate
11 to implement this authorization in accordance with the Administrative Procedure
12 Act.
13 * * *
14 D. Prior to the final decree of the adoption, the licensed private adoption
15 placing agency, or the department, if the child is in custody of the department, shall
16 ensure the following prerequisites are satisfied by a social worker in the employ of
17 a licensed adoption agency, licensed social worker, licensed professional counselor,
18 licensed psychologist, medical psychologist, licensed psychiatrist, or licensed
19 marriage and family therapist; or, if the child is in the custody of the department, by
20 a department employee or designee in accordance with this Article:
21 (1) Conduct an initial in-home, in-person visit with the child and one
22 adoptive parent within seven calendar days of the child's placement. The next in-
23 home, in-person visit shall occur within thirty days of the initial in-home, in-person
24 visit.
25 (2) After the visits provided in Subparagraph (1) of this Paragraph, conduct
26 an in-home visit with one adoptive parent at least once every other month. The child
27 shall be observed in the home during the monthly visit.
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1 (3) Conduct a private visit without the presence of the adoptive parents with
2 each child age one year and above every other month with at least a segment of the
3 visit occurring in the adoptive home.
4 (4) Conduct an in-home visit with both adoptive parents and child within
5 thirty days prior to the final decree.
6 (5) Document the following information for visits conducted in
7 Subparagraphs (1) through (4) of this Paragraph:
8 (a) The date and time of the visit.
9 (b) The individuals present at the time of the visit.
10 (c) The location of the visit.
11 (d) The duration of the visit.
12 (e) An assessment of adjustment of both the child and the adoptive parent.
13 (f) An assessment of the attachment and bonding between the child and the
14 adoptive parent.
15 (g) An assessment of the child's health.
16 (h) A description of changes since last contact.
17 (i) A summary of the visit.
18 (j) The signature of a person conducting the visit or phone contact.
19 (6) At least three of the visits prior to adoption finalization and including the
20 visit prior to the final decree shall include both adoptive parents and all other
21 members of the household.
22 (7) Observations made during the visits shall be used in making
23 recommendations for the finalization of the adoption. If problems are identified, the
24 family shall be assisted directly and referred to a resource to address the concerns.
25 (8) The child and adoptive parent shall be provided assistance, consultation,
26 and emotional support with situations and problems encountered in permanent
27 placement through finalization.
28 (9) The adoptive family shall be provided with access to twenty-four hour
29 crisis intervention services through finalization.
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1 (10) A confidential report concerning requirements set forth in
2 Subparagraphs (1) through (9) of this Paragraph must be presented to the department
3 upon completion and to the court prior to the hearing on the final decree of agency
4 adoption.
5 * * *
6 Art. 1217.1. Reporting requirement; statistical availability
7 A. The court shall ensure the department receives the following information
8 for each adopted child:
9 (1) The age of the child at the time of finalization.
10 (2) The gender of the child.
11 (3) The race of the child.
12 (4) The location of placement.
13 (5) Other non-identifying information the department requests in order to
14 maintain statistical records of adoption finalizations.
15 B. The department shall release yearly statistics on adoptions of children in
16 Louisiana and placement of those children. These statistics shall be made available
17 to the public.
18 * * *
19 Art. 1233. Final decree at first hearing
20 Notwithstanding Article 1238, upon due consideration of the factors
21 enumerated in Article 1230(B), the court may render a final decree of private
22 adoption at the first hearing, without the necessity of first entering an interlocutory
23 decree, only if the rights of the child's parents have been terminated pursuant to Title
24 X or XI and the child has lived in the petitioner's home for one year six months.
25 * * *
26 Art. 1235. Continuing duties of the department; home study report
27 A. After an interlocutory decree has been entered, the department shall
28 maintain contact shall be maintained with the proposed adoptive home directly or
29 through another agency in accordance with Paragraph B D of this Article. The
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1 number of visits to the home and the time for them shall be within the discretion of
2 the department. However, no less than two visits shall be made to the home, one of
3 which shall occur within thirty days before the final decree of agency adoption.
4 B. The department may delegate the performance of this investigation to a
5 licensed private adoption agency, but the department remains is responsible for
6 ensuring the accuracy and thoroughness of the resulting confidential court report and
7 for the safety and welfare of the child. The department shall adopt, promulgate, and
8 enforce such rules and regulations as are necessary and appropriate to implement this
9 authorization in accordance with the Administrative Procedure Act.
10 C. A second confidential report must be presented to the court preceding the
11 hearing on the final decree of agency private adoption. The findings of this report
12 shall be based upon the same considerations as prescribed in Article 1229 and shall
13 disclose any changed conditions and all new pertinent information.
14 D. Prior to the final decree of adoption, the attorney arranging the adoption
15 shall ensure that the following prerequisites be satisfied by a social worker in the
16 employment of a licensed adoption agency, licensed social worker, licensed
17 professional counselor, licensed psychologist, medical psychologist, licensed
18 psychiatrist, or licensed marriage and family therapist:
19 (1) Conduct an initial in-home, in-person visit with the child and one
20 adoptive parent within seven calendar days of the child's placement. The next in-
21 home, in-person visit shall occur within thirty days of the initial in-home, in-person
22 visit.
23 (2) After the visits provided in Subparagraph (1) of this Paragraph, conduct
24 an in-home visit with one adoptive parent at least once every other month. The child
25 shall be observed in the home during the monthly visit.
26 (3) Conduct a private visit without the presence of the adoptive parents with
27 each child age one year and above every other month with at least a segment of the
28 visit occurring in the adoptive home.
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1 (4) Conduct an in-home visit with both adoptive parents and child within
2 thirty days prior to the final decree.
3 (5) Document the following information for visits conducted in
4 Subparagraphs (1) through (4) of this Paragraph:
5 (a) The date and time of the visit.
6 (b) The individuals present at the time of the visit.
7 (c) The location of the visit.
8 (d) The duration of the visit.
9 (e) An assessment of adjustment of both the child and the adoptive parent.
10 (f) An assessment of the attachment and bonding between the child and the
11 adoptive parent.
12 (g) An assessment of the child's health.
13 (h) A description of changes since last contact.
14 (i) A summary of the visit.
15 (j) The signature of a person conducting the visit or phone contact.
16 (6) At least three of the visits prior to adoption finalization and including the
17 visit prior to the final decree shall include both adoptive parents and all other
18 members of the household.
19 (7) Observations made during the visits shall be used in making
20 recommendations for the finalization of the adoption. If problems are identified, the
21 family shall be assisted directly and referred to a resource to address the concerns.
22 (8) The child and adoptive parent shall be provided assistance, consultation,
23 and emotional support with situations and problems encountered in permanent
24 placement through finalization.
25 (9) The adoptive family shall be provided with access to twenty-four hour
26 crisis intervention services through finalization.
27 (10) A confidential report concerning the requirements set forth in
28 Subparagraphs (1) through (9) of this Paragraph must be presented to the department
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1 upon completion and to the court prior to the hearing on the final decree of agency
2 adoption.
3 * * *
4 Art. 1239.1. Reporting requirement, statistical availability
5 A. The court shall ensure the department receives the following information
6 for each adopted child:
7 (1) The age of the child at the time of finalization.
8 (2) The gender of the child.
9 (3) The race of the child.
10 (4) The location of placement.
11 (5) Other non-identifying information the department requests in order to
12 maintain statistical records of adoption finalizations.
13 B. The department shall release yearly statistics on the adoptions of children
14 in Louisiana and placement of those children. These statistics shall be made
15 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 37 Reengrossed 2021 Regular Session Bacala
Abstract: Requires 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 visits by a social worker, counselor, psychologist,
psychiatrist, or therapist, who is required to document each visit, prior to the final agency
adoption decree. The observations made during the visits shall be used in making
recommendations for finalizations of agency adoptions.
Proposed law requires the families and children be provided assistance, consultation, and
twenty-four hour crisis intervention through finalization.
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.
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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 visits by a social worker, counselor, psychologist,
psychiatrist, or therapist, who is required to document each visit, prior to the final private
adoption decree. The observations made during the visits shall be used in making
recommendations for finalizations of private adoptions.
(Amends Ch.C. Arts. 1213(A) and (B), 1233, and 1235; Adds Ch.C. Arts. 1213(D), 1217.1,
and 1239.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Remove references to "supervisory visits".
2. Specify that private visits with each child shall be without the presence of the
adoptive parents.
3. Change the yearly adoptive statistical requirement to include all children, not just
children born in La.
4. Make technical changes.
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