Louisiana House Bill HB617 Introduced / Bill

                    HLS 25RS-619	ORIGINAL
2025 Regular Session
HOUSE BILL NO. 617
BY REPRESENTATIVE CARVER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CHILDREN/DCFS:  Reorganizes the Department of Children and Family Services
1	AN ACT
2To amend and reenact Children's Code Articles 509(B)(1), 512(B)(1), 522(A)(2), 1269.3(F),
3 1270(B), (E), and (F), 1271(A), 1273, 1283.2(H), 1285.2(H), and 1519, Code of
4 Evidence Article 902(10), R.S. 6:333(F)(14), R.S. 9:315.16(A), 315.40(1) and (3),
5 399.1(A) and (F)(3) and (4), and 406(B)(2) and (C)(2), R.S. 11:441.1(F), R.S. 13:998
6 (B) and (E)(1) and (3), 1141(B) and (E)(1) and (3), 1414(B) and (E)(1) and (3),
7 4291(B)(1), and 5108.2, R.S. 14:68.2.1(A), R.S. 15:587(A)(2)(a) and (b), 587.1(I),
8 and 587.5(A)(4), R.S. 17:192.1(A)(1)(a) and (3), R.S. 23:1605(A)(4), R.S. 36:3(7),
9 8(E)(2)(d), 9(C), 471(B) and (C)(1), 472(A), 475.1(B) and (C), 476, and 477(A) and
10 (B), R.S. 40:34.5(E), 46.12(D) and (F), and 1061.14(B)(3)(b)(i), R.S. 43:111(A)(8),
11 R.S. 44:38, R.S. 46:51(introductory paragraph), 51.3, 114(A), (B),
12 (C)(1)(introductory paragraph) and (2), (D), and (E)(3), 114.2, 
13 233.1(C)(introductory paragraph) and (D)(introductory paragraph), 236.1.1(3),
14 236.1.4(E), 236.1.8(D), 236.3(A)(2), 236.10(A), 236.11(C), 236.12(B)(1),
15 236.14(D)(1)(introductory paragraph), 236.15(A)(1), 236.16, 238(B), (C), (D),
16 (E)(introductory paragraph) and (7), and (F), 281, 443, 1002(A), (B)(introductory
17 paragraph), and (C), and 2136.2(F), R.S. 47:299.11(1), 299.41(B), 463.112(C), and
18 9027(C)(10)(introductory paragraph) and (c), and R.S. 51:1442(4), to enact R.S.
19 36:477(C) and (D), to repeal R.S. 36:474(A)(11) and (G) and 477(B)(2) and R.S.
20 46:51(2) and (14) and 233.1(A) and (B), relative to the organization of the
Page 1 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 Department of Children and Family Services; to create the office of child support
2 and the office of child welfare; to eliminate the office of children and family
3 services; to create the office of child support and the office of child welfare; to
4 transfer the duties of certain offices within the Department of Children and Family
5 Services; to remove outdated provisions; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1.  Children's Code Articles 509(B)(1), 512(B)(1), 522(A)(2), 1269.3(F),
81270(B), (E), and (F), 1271(A), 1273, 1283.2(H), 1285.2(H), and 1519 are hereby amended
9and reenacted to read as follows:
10 Art. 509.  Development of interagency protocols; drafting committee membership;
11	meetings; compliance deadline
12	*          *          *
13 B.  At a minimum, each committee shall include the following members:
14 (1)  A representative of the office of children and family services, child welfare,
15Department of Children and Family Services.
16	*          *          *
17 Art. 512.  Composition of the multidisciplinary investigative team
18	*          *          *
19	B.  Governmental entities that have responsibilities imposed by law for the
20 investigation of child abuse include:
21	(1)  The office of children and family services, child welfare Department of
22 Children and Family Services.
23	*          *          *
24 Art. 522.  Applicability
25	A.  A child advocacy center is established and becomes subject to the
26 provisions of this Chapter when all of the following have been accomplished:
27	*          *          *
28	(2)  An agreement to use the services of a child advocacy center has been
29 executed by representatives of the district attorney, the office of children and family
Page 2 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 services, child welfare Department of Children and Family Services, the coroner, the
2 sheriff, and any other law enforcement agency having responsibility in the district
3 for the investigation of child abuse.
4	*          *          *
5 Art. 1269.3.  Continuing contact agreement; parties; required declarations
6	*          *          *
7	F.  The continuing contact agreement shall contain the requirements in
8 substantially the following form:
9	STATE OF LOUISIANA
10	PARISH OF (NAME OF PARISH)
11 AGREEMENT FOR POST-ADOPTION CONTINUING CONTACT
12	We (NAME OF ADOPTIVE PARENT(S)) and (NAME OF ADULT
13 PERSON  PERMITTED CONTACT BY ARTICLE 1269.2) agree to post-adoption
14 continuing contact between  (NAME OF ADOPTED CHILD) and (NAME OF
15 PERSON PERMITTED CONTACT) in accordance with the provisions of this
16 Agreement.  This Agreement reflects our commitment to an on-going, cooperative
17 relationship focused upon meeting (NAME OF CHILD)'s needs now and in the
18 future, fully recognizing that those needs may change as (HE/SHE) matures.
19	OR
20	We (NAME OF ADOPTIVE PARENT(S)) and (NAME OF ADULT
21 PARENT, GUARDIAN OR LEGAL CUSTODIAN OF MINOR SIBLING) agree
22 to post-adoption continuing contact between (NAME OF ADOPTED CHILD) and
23 (NAME OF MINOR SIBLING) in accordance with the provisions of this
24 Agreement.  This Agreement reflects our recognition of the significance and
25 enduring nature of sibling relationships and our commitment to supporting and
26 preserving the on-going relationship between (NAME OF CHILD) and (MINOR
27 SIBLING).
28	We have each freely and voluntarily entered into this Agreement and intend
29 to be bound by its terms.  We have been counseled and advised by the Department,
Page 3 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 our attorney, or other appropriate professional of the meaning of these declarations,
2 the effects of a continuing contact agreement, and the opportunity to have our own
3 respective counsel review this Agreement.
4	We recognize that any dispute or litigation regarding the terms of this
5 Agreement shall not affect the validity of any surrender or termination of parental
6 rights, adoption, or custody of (NAME OF CHILD).
7	We also recognize that upon approval of the court, this Agreement becomes
8 legally binding and any party to it may seek enforcement of its terms.
9	We also agree that (NAME OF DEPARTMENT REPRESENTATIVE or
10 NAME OF COUNSEL FOR ADOPTIVE PARENT) shall file this Agreement with
11 the proper court of jurisdiction by (DATE NO LATER THAN 10 DAYS FROM
12 EXECUTION OF THE AGREEMENT) requesting the court's approval of this
13 Agreement in accordance with Louisiana Children's Code Article 1269.5.
14	We agree to the following enforceable post-adoption continuing contact:
15 (INSERT PROVISIONS NEGOTIATED BY PARTIES.)
16	This Agreement reflects our minimum expectations regarding continuing
17 contact for the duration of the minority of (NAME OF CHILD).  We understand that
18 we can agree upon other continuing contact arrangements in the future through
19 informal or formal means.  However, we recognize that these minimum expectations
20 must be preserved until such time as we modify them by mutual written agreement
21 or the court modifies or terminates this Agreement in accordance with Louisiana
22 Children's Code Article 1269.8.
23	We certify that we enter this Agreement in good faith and intend that it
24 always be interpreted to serve (NAME OF CHILD)'s best interest.  We agree that we
25 will always attempt to resolve any disagreement that may arise in (HIS/HER) best
26 interest and acknowledge that court modification or enforcement is to be used only
27 as a last resort when all informal means of resolution have been exhausted.  We
28 acknowledge that Louisiana Children's Code Article 1269.8 authorizes the court to
29 hear a motion to enforce, modify, or terminate this Agreement only after we have
Page 4 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 attempted in good faith to mediate the issues underlying our disagreement.  Should
2 mediation fail to resolve our differences, the court may modify or terminate this
3 Agreement upon finding a change of circumstances and the Agreement no longer
4 serves the best interest of (NAME OF CHILD).
5	This instrument reflects the entire agreement between us regarding post-
6 adoption continuing contact.  There are no promises, terms, conditions, or
7 obligations other than those stated in this written Agreement.
8	We acknowledge that unless it is the legal custodian of a minor sibling named
9 in this Agreement, the Department of Children and Family Services, office of
10 children and family services, child welfare is not a party to this Agreement and has
11 no responsibility for enforcement of it.
12	This Agreement becomes effective upon approval of the court in accordance
13 with Louisiana Children's Code Article 1269.5.
14THIS DONE, READ, AND SIGNED this       day of __________,
1520       , Parish of (NAME OF PARISH), State of Louisiana.
16_______________________________________________________
17ADOPTING PARENT
18_______________________________________________________
19OTHER ADOPTING PARENT, IF ANY
20_______________________________________________________
21ADULT PERSON PERMITTED CONTACT
22_______________________________________________________
23ADULT PARENT, GUARDIAN OR LEGAL CUSTODIAN OF MINOR SIBLING
24____________________________________
25WITNESS
26____________________________________
27WITNESS
28____________________________________
29NOTARY
Page 5 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1	*          *          *
2 Art. 1270.  Legislative findings; purpose; release of information
3	*          *          *
4	B.  There is hereby created within the office of children and family services
5 child welfare of the Department of Children and Family Services a voluntary registry
6 for the matching of adopted persons, or an adoptive parent of a minor or deceased
7 adopted person, or a descendant of a deceased adopted person, or his parent if a
8 minor, and biological parents or siblings, or both, or a parent, sibling, or descendant,
9 or his parent if a minor, of a deceased biological parent.  The purpose of this registry
10 shall be to facilitate voluntary contact between the adopted person, or an adoptive
11 parent of a minor or deceased adopted person, or the descendant of a deceased
12 adopted person, or his parent if a minor, and a biological parent or biological sibling,
13 or both, or a parent, sibling, or descendant, or his parent if a minor, of a deceased
14 biological parent.
15	*          *          *
16	E.  The office of children and family services child welfare shall not release
17 any registry information in violation of this Chapter.
18	F.  The office of children and family services child welfare shall confirm for
19 an adopted person the fact of his adoption and identify the court in which the
20 adoption was finalized and the agency, firm, or lawyer facilitating the adoption when
21 that information is known.  To receive this information, the adopted person shall be
22 eighteen years of age or older, provide proof of identity, and submit a written
23 request.
24 Art. 1271.  Registration
25	A.  Registration shall be by affidavit filed with the office of children and
26 family services. child support.  That office shall develop and furnish standardized
27 affidavit forms appropriate for effecting the purpose of this Chapter.
28	*          *          *
Page 6 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 Art. 1273.  Confidentiality
2	Documents filed with the office of children and family services, child
3 support, pursuant to this Chapter, shall be confidential and shall not be available for
4 inspection, except under the procedures set forth in this Chapter.
5	*          *          *
6 Art. 1283.2.  Permissible reimbursement of expenses
7	*          *          *
8	H.  A copy of the Adoption Disclosure Affidavit and all orders of the court
9 pursuant to this Article shall be mailed to the office of children and family services,
10 child support, Department of Children and Family Services.
11	*          *          *
12 Art. 1285.2.  Permissible reimbursement of expenses
13	*          *          *
14	H.  A copy of the Adoption Disclosure Affidavit and all orders of the court
15 pursuant to this Article shall be mailed to the office of children and family services,
16 child support, Department of Children and Family Services.
17	*          *          *
18 Art. 1519.  Hearing
19	The petition shall be set for hearing on the record unless specifically waived
20 by the court.  If the Department of Children and Family Services, office of children
21 and family services, child support, has recommended that the petition for voluntary
22 transfer of custody be filed, a representative for the department shall testify at the
23 hearing with particularity the reasons for the recommendation.  Further, the
24 department representative shall specify why a child in need of care petition should
25 not be filed and shall testify regarding the preventative services offered by the
26 department to the petitioner to prevent the transfer of custody.
27 Section 2.  Code of Evidence Article 902(10) is hereby amended and reenacted to
28read as follows: 
29 Art. 902.  Self-authentication
Page 7 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1	Extrinsic evidence of authenticity as a condition precedent to admissibility
2 is not required with respect to the following:
3	*          *          *
4	(10)  Labor reports.  A copy of a report from the Louisiana Workforce
5 Commission, or from any state or federal reporting agency, which is in the
6 possession of a field officer of the support enforcement services program, office of
7 children and family, office of child support Department of Children and Family
8 Services, introduced as evidence in any child or spousal support proceeding.  "Field
9 officer" means any person designated or authorized as a field officer pursuant to the
10 provisions of R.S. 46:236.1.8.
11 Section 3.  R.S. 6:333(F)(14) is hereby amended and reenacted to read as follows: 
12 §333.  Disclosure of financial records; reimbursement of costs
13	*          *          *
14	F.  The following disclosures by a bank or any affiliate are hereby
15 specifically authorized and, except as otherwise provided in this Subsection, nothing
16 in this Section shall prohibit, restrict, or otherwise apply to:
17	*          *          *
18	(14)  The disclosure by a bank or any affiliate of data match information on
19 an individual to the secretary of the Department of Children and Family Services, or
20 his designee in the office of children and family services, child support enforcement
21 section, for use in attempting to establish, modify, or enforce a child support
22 obligation of such individual.  Such disclosure to the department shall be limited to
23 the name, record address, social security or taxpayer identification number, and an
24 average daily account balance for the most recent thirty-day period, of a noncustodial
25 parent who maintains an account at such institution and who owes past-due support
26 as identified by the state by name and social security or taxpayer identification
27 number.  The disclosure authorization provided for in this Paragraph shall apply to
28 all co-owners listed on the applicable account.
29	*          *          *
Page 8 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 Section 4. R.S. 9:315.16(A), 315.40(1) and (3), 399.1(A) and (F)(3) and (4), and
2406(B)(2) and (C)(2) are hereby amended and reenacted to read as follows: 
3 §315.16.  Review of guidelines
4	A.  The guidelines set forth in this Part shall be reviewed by the legislature
5 not less than once every four years.  A review of the guidelines shall take place in
6 2012 and every four years thereafter, and it shall be the responsibility of the office
7 of children and family services, child support enforcement section of the Department
8 of Children and Family Services, and the Louisiana District Attorneys Association,
9 in consultation with the child support review committee provided in Subsection B
10 of this Section, to obtain all information required to comply with the provisions of
11 42 U.S.C. 667(a) and present the same to the legislature sixty days prior to the
12 beginning of the 2008 Regular Session of the Legislature and every four years
13 thereafter.
14	*          *          *
15 §315.40.  Definitions
16 As used in this Subpart:
17	(1)  "Administrator" means the administrator of the child support
18 enforcement section, office of children and family services, office of child support,
19 Department of Children and Family Services.
20	*          *          *
21	(3)  "Department" means the Department of Children and Family Services,
22 office of children and family services child support.
23	*          *          *
24 §399.1.  Dismissal of final order following judgment of paternity; time periods;
25	procedure; effects
26	A.  Notwithstanding any other provision of law, a judgment establishing
27 paternity may be set aside or vacated by the adjudicated father of a child, the child,
28 the mother of the child, or the legal representative of any of these persons.  The
29 proceeding shall be instituted by ordinary process in a court of competent
Page 9 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 jurisdiction and service shall be made upon the office of children and family
2 services, child support enforcement section of the Department of Children and
3 Family Services, if services are being provided by the department.  The burden of
4 proof shall be upon the party seeking to set aside or vacate the judgment of paternity. 
5 The proceeding shall be brought within a two-year period commencing with the date
6 on which the adjudicated father knew or should have known of a judgment that
7 established him as the father of the child or commencing with the date the
8 adjudicated father knew or should have known of the existence of an action to
9 adjudicate the issue of paternity, whichever is first.
10	*          *          *
11	F. 
12	*          *          *
13	(3)  The judgment dismissing an established order of support shall be served
14 upon the office of children and family services, child support enforcement section
15 of the Department of Children and Family Services, if services are being provided
16 by the department.
17	(4)  Neither the state of Louisiana, its officers, employees, agents,
18 contractors, nor the office of children and family services, child support enforcement
19 section of the Department of Children and Family Services shall be liable in any case
20 to compensate any person for child support paid or for any other costs as a result of
21 the judgment setting aside or vacating the judgment of paternity or support entered
22 in accordance with this Section.
23	*          *          *
24 §406.  Revocation of authentic act; with and without cause; procedure
25	B.
26	*          *          *
27	(2)  The petitioner shall institute the annulment proceeding by ordinary
28 process in a court of competent jurisdiction upon notice to the other party who
29 executed the notarial act of acknowledgment and other necessary parties including
Page 10 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 the office of children and family services, child support enforcement section of the
2 Department of Children and Family Services.
3	*          *          *
4	C.
5	*          *          *
6	(2)  Neither the state of Louisiana, its officers, employees, agents,
7 contractors, nor the office of children and family services, child support enforcement
8 section of the Department of Children and Family Services shall be liable to
9 compensate any person for child support paid or any other costs as a result of the
10 revocation of any authentic act of acknowledgment or the annulment of any
11 judgment of paternity or support in accordance with this Section.
12	*          *          *
13 Section 5. R.S. 11:441.1(F) is hereby amended and reenacted to read as follows: 
14 §441.1.  Early Retirement and Payroll Reduction Act of 2006
15	*          *          *
16	F.  Notwithstanding any other provision of law or of this Section to the
17 contrary, the provisions of this Section which eliminate vacated positions shall not
18 be applicable to any positions of the Department of Children and Family Services,
19 office of children and family services, child support enforcement section; or to
20 Department of Public Safety and Corrections security officers or probation and
21 parole officers; or to any positions of the LSU health care services division.
22	*          *          *
23 Section 6. R.S. 13:998(B) and(E)(1) and (3), 1141(B) and (E)(1) and (3), 1414(B)
24and (E)(1) and (3), 4291(B)(1), and 5108.2 are hereby amended and reenacted to read as
25follows: 
26 §998.  Nonrefundable fee; assessment and disposition
27	*          *          *
28	B.  The clerks of the respective district courts, within thirty days of the close
29 of each fiscal year, shall remit all funds collected pursuant to this Section to be
Page 11 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 deposited in the state treasurer's account for credit to a special statutorily dedicated
2 fund account after meeting the requirements of Article VII, Section 9 of the
3 Constitution of Louisiana.  The monies in this account shall be invested by the state
4 treasurer in the same manner as monies in the state general fund, and interest earned
5 on the investment of these monies shall be credited to the account following
6 compliance with the requirement of Article VII, Section 9(B) of the Constitution of
7 Louisiana, relative to the Bond Security and Redemption Fund.  Disbursement of
8 funds shall be made by the office of children and family services child support in the
9 Department of Children and Family Services, or its successor, in accordance with
10 Paragraph (E)(2) of this Section and only in amounts appropriated by the legislature. 
11 Monies deposited into this account shall be categorized as fees and self-generated
12 revenue for the sole purpose of reporting related to the executive budget, supporting
13 documents, and general appropriations bills and shall be available for annual
14 appropriations by the legislature.
15	*          *          *
16	E.(1)  Within thirty days of receipt of such funds, the office of children and
17 family services child support shall distribute the funds among those qualifying
18 organizations.  A qualifying organization must shall be recognized as a nonprofit
19 organization under Section 501(c)(3) of the Internal Revenue Code and be located
20 and operated within Caddo, Calcasieu, Caldwell, East Carroll, West Carroll,
21 Franklin, Jackson, St. Landry, Lincoln, Madison, Morehouse, St. Bernard, Ouachita,
22 Union, Richland, Tensas, Sabine, DeSoto, Vermilion, or Lafayette Parish and shall
23 provide:
24	*          *          *
25	(3)  Organizations seeking to be qualified shall apply on an annual basis to
26 the office of children and family services child support within the time and in the
27 manner designated by the office of children and family services child support and
28 afford such reasonable proof as is required to establish its entitlement to funds.
29	*          *          *
Page 12 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 §1141.  Domestic Relations Section; nonrefundable fee; assessment and disposition
2	*          *          *
3	B.  The clerk of the civil district court, within thirty days of the close of each
4 fiscal year, shall remit all costs collected pursuant to this Section to be deposited in
5 the state treasurer's account for credit to a special statutorily dedicated fund account
6 after meeting the requirements of Article VII, Section 9 of the Constitution of
7 Louisiana.  The monies in this account shall be invested by the state treasurer in the
8 same manner as monies in the state general fund, and interest earned on the
9 investment of these monies shall be credited to the account following compliance
10 with the requirement of Article VII, Section 9(B) of the Constitution of Louisiana
11 relative to the Bond Security and Redemption Fund. Disbursement of funds shall be
12 made by the office of children and family services child support in the Department
13 of Children and Family Services, or its successor, in accordance with Paragraph
14 (E)(2) of this Section and only in amounts appropriated by the legislature.  Monies
15 deposited into this account shall be categorized as fees and self-generated revenue
16 for the sole purpose of reporting related to the executive budget, supporting
17 documents, and general appropriations bills and shall be available for annual
18 appropriation by the legislature.
19	*          *          *
20	E.(1)  Within thirty days of the receipt of such funds, the office of children
21 and family services child support shall distribute the funds among those qualifying
22 organizations. A qualifying organization must shall be recognized as a non-profit
23 organization under Section 501(c)(3) of the Internal Revenue Code and be located
24 within the parish of Orleans, and shall provide:
25	*          *          *
26	(3)  Organizations seeking to be qualified shall apply on an annual basis to
27 the office of  community services child welfare within the time and in the manner
28 designated by the office of  community services child welfare and afford such
29 reasonable proof as is required to establish its entitlement to funds.
Page 13 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1	*          *          *
2 §1414.  Nonrefundable fee; assessment and disposition
3	*          *          *
4	B.  The clerk of the 19th Judicial District Court, within thirty days of the
5 close of each fiscal year, shall remit all costs collected pursuant to this Section to be
6 deposited in the state treasurer's account for credit to a special statutorily dedicated
7 fund account after meeting the requirements of Article VII, Section 9 of the
8 Constitution of Louisiana.  The monies in this account shall be invested by the state
9 treasurer in the same manner as monies in the state general fund, and interest earned
10 on the investment of these monies shall be credited to the account following
11 compliance with the requirement of Article VII, Section 9(B) of the Constitution of
12 Louisiana relative to the Bond Security and Redemption Fund.  Disbursement of
13 funds shall be made by the office of children and family services in the Department
14 of Children and Family Services, or its successor, in accordance with Paragraph
15 (E)(2) of this Section and only in amounts appropriated by the legislature.  Monies
16 deposited into this account shall be categorized as fees and self-generated revenue
17 for the sole purpose of reporting related to the executive budget, supporting
18 documents, and general appropriations bills and shall be available for annual
19 appropriations by the legislature.
20	*          *          *
21	E.(1)  Within thirty days of the receipt of such funds, the office of  children
22 and family services Department of Children and Family Services shall distribute the
23 funds among those qualifying organizations.  A qualifying organization must shall
24 be recognized as a nonprofit organization under Section 501(c)(3) of the Internal
25 Revenue Code and be located within the parish of East Baton Rouge, and shall
26 provide:
27	*          *          *
28	(3)  Organizations seeking to be qualified shall apply on an annual basis to
29 the office of children and family services Department of Children and Family
Page 14 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 Services within the time and in the manner designated by the office of children and
2 family services Department of Children and Family Services and afford such
3 reasonable proof as is required to establish its entitlement to funds.
4	*          *          *
5 §4291.  Effect of child support payments; judicial mortgage and privilege; affidavit
6	of support owed; prescription
7	*          *          *
8	B.(1)  In all cases where the Department of Children and Family Services is
9 enforcing child support services, a judgment created by operation of law pursuant to
10 Subsection A of this Section shall be executory in all respects, without the necessity
11 of a judicial proceeding to determine the amount actually owed.  The director of the
12 office of child support, child support enforcement section, office of children and
13 family services, Department of Children and Family Services, or his designee shall
14 certify the actual amount in an affidavit entitled "Child Support Mortgage and
15 Privilege by Affidavit of DCFS".   Such affidavit shall have the effect of a judgment. 
16 Notwithstanding any other law to the contrary, prescription shall not begin to run
17 against any such judgment until the child reaches the age of majority or the
18 obligation to provide child support ceases.
19	*          *          *
20 §5108.2.  Child protective services workers; legal defense
21	The Department of Justice shall provide any worker of the child protection
22 services division of the office of children and family services office of child welfare
23 of the Department of Children and Family Services with a legal defense in any civil
24 action arising from any activity within the course and scope of the worker's
25 employment.
26	*          *          *
27 Section 7.  R.S. 14:68.2.1(A) is hereby amended and reenacted to read as follows: 
28 §68.2.1.  Failure to report unauthorized use of supplemental nutrition assistance
29	program benefits; penalties
Page 15 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1	A.  Employees of the Department of Children and Family Services, owners,
2 employees and operators of retailers that accept SNAP benefit access device
3 transactions, and adult household members of SNAP recipients shall report each
4 instance of known fraud or abuse of SNAP benefits, or any known unauthorized use
5 of SNAP benefits or a SNAP benefit access device as defined in R.S. 14:68.2, to the
6 fraud detection section, office of children and family services section of the
7 Department of Children and Family Services via the Public Assistance Fraud Hot-
8 Line as provided for by R.S. 46:114.1.
9	*          *          *
10 Section 8.  R.S. 15:587(A)(2)(a) and (b), 587.1(I), and 587.5(A)(4) are hereby
11amended and reenacted to read as follows: 
12 §587.  Duty to provide information; processing fees; Louisiana Bureau of Criminal
13	Identification and Information
14	A.
15	*          *          *
16	(2)(a)  The bureau, in accordance with its powers to regulate and to enforce
17 provisions herein, may further restrict those agencies eligible to receive information. 
18 However, the bureau shall make available to the Department of Children and Family
19 Services all criminal history record information as defined in R.S. 15:576 related to
20 foster and adoptive parent applicants and adult members of foster and adoptive
21 parent households; parents whose children have been removed from their custody;
22 parents or caretakers involved in investigations of abuse or neglect; potential
23 caretakers of a child who is either in the custody of the department, is the subject of
24 an investigation of abuse or neglect, or is or has been receiving services through the
25 office of children and family services child welfare; potential employees of the
26 department whose duties include the investigation of child abuse or neglect, the
27 supervisory or disciplinary authority over children, direct care of a child, or
28 performance of licensing surveys; and individuals employed directly or indirectly by
29 institutions or facilities providing, or with the potential of providing, daily care or
Page 16 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 supervision to any child or youth in the custody of or under the supervision of any
2 Louisiana state government agency.  For the purposes of this Section, the bureau
3 shall employ such methods and procedures and shall observe such duty hours as to
4 provide information upon request within forty-eight hours from its receipt.
5	(b)  The bureau shall facilitate national criminal history record checks of
6 prospective foster and adoptive parent applicants and adult members of foster and
7 adoptive parent households; parents whose children have been removed from their
8 custody; parents or caretakers involved in investigations of abuse or neglect;
9 potential caretakers of a child who is either in the custody of the department, is the
10 subject of an investigation of abuse or neglect, or is or has been receiving services
11 through the office of children and family services child welfare; potential employees
12 of the department whose duties include the investigation of child abuse or neglect,
13 the supervisory or disciplinary authority over children, direct care of a child, or
14 performance of licensing surveys; and individuals employed directly or indirectly by
15 institutions or facilities providing, or with the potential of providing, daily care or
16 supervision to any child or youth in the custody of or under the supervision of any
17 Louisiana state government agency by receiving and forwarding fingerprint cards to
18 the Federal Bureau of Investigation.  The Department of Children and Family
19 Services is authorized to receive and screen the results of the state and national
20 criminal history record checks in order to determine foster or adoptive parent
21 applicants' eligibility for certification or recertification as a placement resource for
22 children; to assist in the determination of the appropriateness of a parent or potential
23 caregiver as a placement resource for a child; to assess the situation for safety issues
24 and risks to the child and worker; to assess the qualifications of a potential
25 department employee; and to assess the qualifications of individuals employed,
26 directly or indirectly, by institutions or facilities providing, or with the potential of
27 providing, daily care or supervision to any child or youth in the custody of or under
28 the supervision of any Louisiana state government agency.  The department shall
Page 17 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 maintain the confidentiality of criminal history information received in accordance
2 with applicable federal or state law.
3	*          *          *
4 §587.1.  Provision of information to protect children
5	*          *          *
6	I.  Notwithstanding any other provision of law to the contrary, the
7 Department of Children and Family Services Services, office of children and family
8 services, may utilize the National Crime Information Center to conduct background
9 checks authorized in R.S. 15:587 when investigating or responding to reports of
10 abuse or neglect as provided for in Section 151 of Public Law 109-248.
11	*          *          *
12 §587.5.  Agencies with access to federal tax information; criminal history
13	information
14	A.  For purposes of this Section, "agency" means any agency that has an
15 agreement with the Internal Revenue Service to access federal tax information or is
16 authorized by law to audit the records of an agency that has access to federal tax
17 information.  "Agency" shall include all of the following:
18	*          *          *
19	(4)  Department of Children and Family Services Services, child support
20 enforcement and family support.
21	*          *          *
22 Section 9.  R.S. 17:192.1(A)(1)(a) and (3) are hereby amended and reenacted to read
23as follows: 
24 §192.1.  Meals; denial to students; procedures
25	A.  If the governing authority of a public elementary school, for any reason,
26 adopts a policy of denying a scheduled meal to a child who is an elementary school
27 student, it shall implement the following procedures to provide for safeguards to the
28 child's health and the child's ability to learn:
Page 18 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1	(1)  Prior to withholding a meal from the child, the school shall do each of
2 the following:
3	(a)  Provide actual notification to the child's parent or legal guardian as to the
4 date and time after which meals may be denied, the reason for such denial, any
5 action that may be taken by the parent or legal guardian to prevent further denial of
6 meals, and the consequences of the failure to take appropriate actions to prevent such
7 denial, including that the school governing authority shall contact the office of
8 children and family services child welfare within the Department of Children and
9 Family Services upon the third instance of such denial during a single school year
10 as provided in Paragraph (3) of this Subsection.
11	*          *          *
12	(3)   Upon the third instance during a single school year of the same
13 elementary school child being denied a meal during school hours, the school
14 governing authority shall contact the office of children and family services child
15 welfare within the Department of Children and Family Services to report the failure
16 of the parent or guardian to pay for meals which has resulted in repeated denials of
17 meals during school hours.
18 Section 10.  R.S. 23:1605(A)(4) is hereby amended and reenacted to read as follows: 
19 §1605.  Unemployment insurance integrity program
20	A.  For the purposes of this Section, the following terms have the meanings
21 ascribed to them:
22	*          *          *
23	(4)  "New hire records" means the directory of newly hired and re-hired
24 employees reported under state and federal law and managed by the child support
25 enforcement section, division of family support, office of children and family
26 services, office of child support, Department of Children and Family Services.
27	*          *          *
28 Section 11 . R.S. 36:3(7), 8(E)(2)(d), 9(C), 471(B) and (C)(1), 472(A), 475.1(B) and
29(C), 476, and 477(A) and (B) are enacted to read as follows: 
Page 19 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 §3.  Definitions
2	As used in this Title, the following terms have the following meanings unless
3 the context clearly indicates otherwise:
4	*          *          *
5	(7)  "Undersecretary" means the officer designated to direct and be
6 responsible for the functions of the office of management and finance of certain
7 departments.   For the Department of Children and Family Services, "undersecretary"
8 means the officer designated to direct and be responsible for the functions of the
9 division of management and finance within the office of children and family
10 services.
11	*          *          *
12 §8.  Fiscal oversight and program evaluation
13	*          *          *
14	E.  As used in this Section, the following words shall have the following
15 meanings unless the context clearly indicates otherwise:
16	*          *          *
17	(2)  "Undersecretary" means the undersecretary of each department in the
18 executive branch of state government, except "undersecretary" means the following
19 in the case of the listed departments:
20	*          *          *
21	(d)  For the Department of Children and Family Services, the secretary;
22 however, for the purposes of Paragraph (A)(2) and Subsection D of this Section,
23 "undersecretary" shall mean the undersecretary for the division office of
24 management and finance for the department.  In addition, for purposes of Paragraph
25 (A)(5) of this Section, reports of problems related to budget, finances, or
26 administration shall be the responsibility of the undersecretary as provided in
27 Paragraph (A)(5) of this Section, and reports of problems related to programs and
28 policy shall be the direct responsibility of the secretary.  Any provision of this
29 Section that requires the undersecretary to report to or inform the secretary shall not
Page 20 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 be applicable to the Department of Children and Family Services for any function
2 or responsibility exercised by the secretary pursuant to this Subparagraph.
3	*          *          *
4 §9.  Designation of certain organizational units; uniform terminology
5	*          *          *
6	C.(1)  Each organizational unit which reports to the secretary, which is not
7 an agency and is not within an office, shall be in the executive office of the secretary
8 and shall be designated as follows:
9 (a) (1)  A unit which reports directly to the secretary shall be designated as a bureau.
10 (b) (2)  A subunit of a bureau shall be designated as a section.
11 (c) (3)  A subunit of a section shall be designated as a unit.
12	(2)  For the Department of Children and Family Services, each organizational
13 unit which reports to the secretary, which is not an agency and is not within the
14 division of management and finance, the division of child welfare, or the division of
15 family support, shall be in the executive division, and shall be designated as follows:
16	(a)  A unit which reports directly to the secretary shall be designated as a
17 bureau.
18	(b)  A subunit of a bureau shall be designated as a section.
19	(c)  A subunit of a section shall be designated as a unit.
20	*          *          *
21 §471.  Department of Children and Family Services; creation; domicile;
22	composition; purpose and functions
23	B.(1)  The Department of Children and Family Services, through its office
24 and officers, shall be responsible for the development and providing of social
25 services and the improvement of social conditions for the citizens of Louisiana.  The
26 department declares that every child deserves to be safe, stability is the foundation
27 for success, and strong families create strong communities.
Page 21 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1	(2)  It is the mission of the department to protect children, empower families,
2 and strengthen communities so that every child thrives in a safe, stable, and loving
3 environment, supported by empowered families and resilient communities.
4	(3)  To accomplish the mission and vision set forth, the department declares
5 the following:
6	(a)  It will take accountability and being committed to transparency, action
7 and results.
8	(b)  It will prioritize connections to bridge gaps between services, agencies,
9 and communities to bring the right people together for real solutions.
10	(c)  It will develop every employee by ensuring they have the tools and
11 support required to reach their highest potential.
12	C.(1)  The Department of Children and Family Services shall be composed
13 of the executive office of children and family services, the secretary, office of
14 management and finance, office of child welfare, office of child support, and such
15 other offices as shall be created by law.
16	*          *          *
17 §472.  Officers of the department; compensation for one office only
18	A.  The officers of the department shall be the secretary, the deputy secretary,
19 the undersecretary, the assistant secretary of child welfare, and the assistant secretary
20 of family support, secretaries, each of whom shall be selected and shall perform
21 functions as provided in this Title.
22	*          *          *
23 §475.1.  Undersecretary; functions; division of management and finance
24	*          *          *
25	B.  The undersecretary shall direct and be responsible for the functions of the
26 division office of management and finance, within the office of children and family
27 services finance within the Department of Children and Family Services.  In such
28 capacity, he shall be responsible for accounting and budget control, procurement and
29 contract management, data processing, personnel management, grants management,
Page 22 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 and facility construction and consulting services for the department and all of its
2 offices, including all agencies transferred to the Department of Children and Family
3 Services, except as otherwise specifically provided in this Title.  The undersecretary
4 shall exercise all powers and authority granted to him in this Title subject to the
5 overall direction and control of the secretary.
6	C.  The duties and functions of the division office of management and finance
7 finance, within the office of children and family services and of the undersecretary
8 shall be as provided in this Section and these duties and functions shall not be subject
9 to change by the secretary, except that the undersecretary shall perform such
10 additional duties and functions as are assigned by the secretary.
11	*          *          *
12 §476.  Assistant secretaries 
13	A. There shall be an assistant secretary of child welfare and an assistant
14 secretary of family support, who shall be appointed by the governor with consent of
15 the Senate and who shall serve at the pleasure of the governor at a salary fixed by the
16 governor, which salary shall not exceed the amount approved for such position by
17 the legislature while in session.  Each office within the Department of Children and
18 Family Services, except the executive office of the secretary and the office of
19 management and finance, shall be under the immediate supervision and direction of
20 an assistant secretary who shall be appointed by the governor with the consent of the
21 Senate.  Each shall serve at the pleasure of the governor and shall be paid a salary
22 which shall be fixed by the governor, which salary shall not exceed the amount
23 approved for such a position by the legislature while in session.
24	B.  The assistant secretary of child welfare shall manage the division of child
25 welfare and perform the duties and functions of the division related to program
26 development and administration, program service delivery, and development of rules
27 and policy to govern the various programs of the division.  Except as otherwise
28 expressly provided in this Title, the duties and functions of each office and its
Page 23 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 assistant secretary shall be determined by the secretary, and all such duties and
2 functions shall be exercised under the direct supervision and control of the secretary.
3	*          *          *
4	C.  The assistant secretary of family support shall manage the division of
5 family support and perform the duties and functions of the division related to
6 program development and administration, program service delivery, and
7 development of rules and policy to govern the various programs of the division.
8 Except as otherwise provided in R.S. 36:801, each assistant secretary shall employ,
9 appoint, remove, assign, and promote such personnel as is necessary for the efficient
10 administration of his office and its programs and the performance of its powers,
11 duties, functions, and responsibilities in accordance with applicable civil service
12 laws, rules, and regulations and with regard to policies and rules of the department,
13 all subject to budgetary control and applicable laws.
14 §477.  Office Offices; purposes and functions
15	A.  The purposes for which the office of children and family services of the
16 Department of Children and Family Services is created shall be set forth in this
17 Section.
18	B.(1)  The office of children and family services shall perform the services
19 of the state relating to public assistance programs to provide aid to dependent
20 children and to adults, who due to age, disability, or infirmity, are unable to
21 adequately meet their basic needs.  It shall also administer the food stamp program
22 or its successor, child support programs, establishment of paternity programs,
23 disaster relief grant programs for individuals and families, and such other programs
24 as assigned by the secretary.  It shall also conduct disability and other client
25 eligibility determinations, and may conduct medical assistance client eligibility
26 determinations.  The office is authorized to enter into interagency agreements with
27 other state agencies to conduct eligibility determinations.  The office shall provide
28 for the public child welfare functions of the state including but not limited to
29 prevention services that promote, facilitate, and support activities to prevent child
Page 24 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 abuse and neglect; child protective services; voluntary family strengthening and
2 support services; making permanent plans for foster children and meeting their daily
3 maintenance needs of food, shelter, clothing, necessary physical medical services,
4 school supplies, and incidental personal needs; and adoption placement services for
5 foster children freed for adoption.  It shall also perform the functions of the state
6 relating to the licensing of facilities regulated under Chapter 14 of Title 46 of the
7 Louisiana Revised Statutes of 1950.  The office shall issue and monitor domestic
8 violence services contracts.  The executive office of the secretary shall provide for
9 the general oversight and supervision of the department.  The executive office of the
10 secretary includes a bureau of audit, bureau of general counsel and a bureau of
11 communications and governmental affairs. 
12	C.  The office of child welfare shall provide for the public child welfare
13 functions of the state including but not limited to centralized intake; child protective
14 services; human trafficking programs; making permanent plans for foster children
15 and meeting their daily maintenance needs for food, shelter, clothing, necessary
16 physical medical services, school supplies, and incidental personal needs; adoption
17 placement services for foster children freed for adoption; prevention services that
18 promote, facilitate, and support activities to prevent child abuse and neglect,
19 including but not limited to voluntary family strengthening and support services; and
20 such other programs as assigned by the secretary.  The office also issue and monitor
21 domestic violence services contracts.
22	D.  The office of child support shall provide for the administration of child
23 support programs, including but not limited to enforcing, collecting, and distributing
24 support obligations, establishing paternity, obtaining and modifying support orders,
25 obtaining and modifying support orders and such other programs as assigned by the
26 secretary.
27	*          *          *
28 Section 12. 40:34.5(E), 46.12(D) and (F), and 1061.14(B)(3)(b)(i) are hereby
29amended and reenacted to read as follows: 
Page 25 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 §34.5.  Original birth certificate; required contents; name of father
2	*          *          *
3	E.  Nothing in this Section shall preclude the Department of Children and
4 Family Services, office of children and family services, child support enforcement
5 section from obtaining an admission of paternity from the biological father for
6 submission in a judicial proceeding, or prohibit the issuance of an order in a judicial
7 proceeding which bases a legal finding of paternity on an admission of paternity by
8 the biological father and on any other additional showing required by state law.
9	*          *          *
10 §46.12.  Hospital-based paternity program
11	*          *          *
12	D.  Hospital personnel shall forward an acknowledgment of paternity to the
13 state registrar who shall forward copies of same to the Department of Children and
14 Family Services, office of children and family services, child support enforcement
15 section.  A statewide database shall be maintained by the Department of Children
16 and Family Services in accordance with federal regulations.
17	*          *          *
18	F.  The Department of Children and Family Services, office of children and
19 family services, child support enforcement section shall provide to all birthing
20 hospitals in the state:
21	*          *          *
22 §1061.14.  Minors
23	*          *          *
24	B.  The following provisions shall apply to all applications for court orders
25 by minors seeking abortions and appeals from denials of applications:
26	*          *          *
27	(3)
28	*          *          *
Page 26 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1	(b)(i)  Prior to such ex parte hearing, the court may require the minor to
2 participate in an evaluation and counseling session with a mental health professional
3 from the Louisiana Department of Health, office of  behavioral health, or a staff
4 member from the Department of Children and Family Services, office of children
5 and family services, child welfare, or both.  The court may refer the petitioner, if
6 necessary, to the appropriate Louisiana Department of Health, office of behavioral
7 health regional office to arrange the evaluation and counseling session within the
8 four-day period prior to the ex parte hearing, as provided in this Paragraph.  This
9 referral may be made by the clerk upon the minor's filing the application when the
10 court has issued a standing order authorizing same and the circumstances fit the
11 criteria of the standing order therefor.
12	*          *          *
13 Section 13.  R.S. 43:111(A)(8) is hereby amended and reenacted to read as follows:
14 §111.  Advertising; when prohibited and when authorized
15	A.  The state, or any department, officer, board, or commission shall not
16 expend any public funds for advertising in any newspaper, book, pamphlet,
17 periodical, or radio and television stations except as follows:
18	*          *          *
19	(8)  Advertising by the office of children and family services in the
20 Department of Children and Family Services for the recruitment of foster or adoptive
21 parents.
22	*          *          *
23 Section 14.  R.S. 44:38 is hereby amended and reenacted to read as follows: 
24 §38.  Access to records involved in legislative studies
25	Notwithstanding any other law to the contrary, the custodian of records of the
26 Department of Children and Family Services Services, office of children and family
27 services, and the custodian of records of each juvenile court or any court which hears
28 and decides juvenile matters shall grant access to a percentage, as specified by the
29 legislative committee, of the total records of defined classes of children in state
Page 27 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 custody or in foster care to any committee of the legislature acting pursuant to an
2 appropriate legislative instrument directing the committee to study procedures or
3 outcomes of cases involving children in state custody or in foster care.  The size of
4 the specific group to be studied shall be large enough to preserve the anonymity of
5 individual children.  Such access shall be limited to that purpose, and all information
6 regarding names or other identifiers shall be removed.  Information pertaining to
7 children who have been adopted shall be strictly confidential and shall be released
8 only in accordance with existing laws.
9 Section 15. R.S. 46:51(introductory paragraph), 51.3, 236.1.1(3), 114(A), (B),
10(C)(1)(introductory paragraph) and (2), (D), and (E)(3), 114.2, 233.1(C)(introductory
11paragraph) and (D)(introductory paragraph), 236.1.4(E), 236.1.8(D), 236.3(A)(2),
12236.10(A), 236.11(C), 236.12(B)(1), 236.14(D)(1)(introductory paragraph), 236.15(A)(1),
13236.16, 238(B), (C), (D), (E)(introductory paragraph) and (7), and (F), 281, 443, 1002(A),
14(B)(introductory paragraph), and (C), and 2136.2(F) are hereby amended and reenacted to
15read as follows: 
16 §51.  Duties of the department
17	The Department of Children and Family Services, through its secretary, shall
18 administer the public assistance and welfare laws of the state as follows:
19	*          *          *
20 §51.3.  Criminal history information; access to federal tax information
21	The Department of Children and Family Services Services, office of child
22 support enforcement and family support, is authorized to perform criminal history
23 records checks of current and prospective employees, contractors, and subcontractors
24 in accordance with the procedures provided in R.S. 15:587.5.  Pursuant to this
25 authorization and to implement the requirements of R.S. 15:587.5, the secretary shall
26 promulgate rules and regulations with regard to this matter.
27	*          *          *
28 §114.  Fraud in obtaining assistance; withholding information concerning property,
29	income, or beneficiary, or personal circumstances
Page 28 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1	A.  No person shall obtain or attempt to obtain assistance from the
2 Department of Children and Family Services or the Louisiana Department of Health
3 by means of any false statement, misrepresentation, or other fraudulent device.  If
4 during the life, or upon the death, of any person who is receiving or has received
5 assistance it is found that the recipient is receiving or has received assistance through
6 misrepresentation, nondisclosure of material facts, or other fraudulent device, the
7 amount of assistance, without interest, shall be recoverable from him or his estate as
8 a debt due the state by court action.
9	B.  If at any time during the continuance of public assistance to any person,
10 the recipient thereof, or the husband or wife of the recipient with whom he or she is
11 living, is possessed or becomes possessed of any property or income in excess of the
12 amount declared at the time of application or reinvestigation of his case and in such
13 amount as would affect his needs or right to receive assistance, it shall be the duty
14 of the recipient, or the husband or wife of the recipient, to notify the Department of
15 Children and Family Services or the Louisiana Department of Health of possession
16 of such property or income, and the department shall, after investigation, either
17 cancel the assistance or alter the amount thereof in accordance with the
18 circumstances, provided, that such investigation shows that such property or income
19 does affect the need of the recipient or his right to receive assistance.  If during the
20 life, or upon the death, of any person who is receiving or has received assistance it
21 is found that the recipient or his spouse was possessed of any property or income in
22 excess of the amount reported that would affect his need or right to receive
23 assistance, any assistance paid when the recipient or his spouse was in possession of
24 such undeclared property or income shall be recoverable, without interest, from him
25 or his estate as a debt due the state by court action.  The possession of undeclared
26 property by a recipient or his spouse with whom he is living shall be prima facie
27 evidence of its ownership during the time assistance was granted, and the burden to
28 prove otherwise shall be upon the recipient or his legal representative.
Page 29 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1	C.(1)  If the personal circumstances of the recipient change at any time during
2 the continuance of assistance, he shall immediately notify the Department of
3 Children and Family Services or the Louisiana Department of Health of the change. 
4 Personal circumstances shall include:
5	*          *          *
6	(2)  If during the life, or upon the death, of any person who is receiving
7 assistance it is found that the recipient has received or is receiving assistance of a
8 greater amount than he is entitled to receive as a result of his failure to notify the
9 Department of Children and Family Services or the Louisiana Department of Health
10 of a change of personal circumstances as set forth in this Subsection, any assistance
11 paid during the time that the recipient was receiving assistance of a greater amount
12 than he was entitled to receive as a result of his failure to notify the department shall
13 be recoverable, with legal interest, from him or his estate as a debt due the state by
14 court action.
15	D.  The federal government shall be entitled to share in any amount recovered
16 under the provisions of this Section; however, the amount recovered by the federal
17 government shall not exceed the amount contributed by the federal government in
18 each case.  The amount due the United States shall be promptly paid or credited upon
19 collection to the designated agency of the federal government by the Department of
20 Children and Family Services or the Louisiana Department of Health.
21	E.
22	*          *          *
23	(3)  Persons receiving medical assistance under provisions of Title XIX of the
24 Social Security Act who have been determined by the Department of Children and
25 Family Services or the Louisiana Department of Health to have fraudulently obtained
26 such medical assistance may be suspended from the medical assistance program for
27 twelve months.
28	*          *          *
Page 30 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 §114.2.  Attempting or aiding to obtain assistance fraudulently; penalties 
2	Any person who obtains or attempts to obtain or aids and abets anyone to
3 obtain assistance from the Department of Children and Family Services or the
4 Louisiana Department of Health by means of any false statement, misrepresentation,
5 or other fraudulent device or violates the provisions of R.S. 46:114 shall be guilty of
6 theft as provided by R.S. 14:67.  
7	*          *          *
8 §233.1.  Recovery of overpayments
9	*          *          *
10	C.  The department Department of Children and Family Services shall
11 promptly take all necessary steps to correct any overpayment, including collection,
12 or underpayment of child support to individuals to whom the department is providing
13 services pursuant to R.S. 46:236.1.1 et seq., and, in the case of:
14	*          *          *
15	D.  The department Department of Children and Family Services will
16 promptly take all necessary steps to correct any overpayment, including collection,
17 or underpayment of child care assistance provided under the Child Care and
18 Development Block Grant and in the case of:
19	*          *          *
20 §236.1.1.  Family and child support programs; definitions
21	For the purposes of this Subpart, the following items shall mean:
22	*          *          *
23	(3)  "CSE administrator" means the program executive director of the office
24 of child support, support enforcement section, division of family support, office of
25 children and family services, Department of Children and Family Services.
26	*          *          *
27 §236.1.4.  Family and child support programs; financial institution duties;
28	responsibilities
29	*          *          *
Page 31 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1	E.  The office of children and family services, child support enforcement
2 section, which obtains data match information on an individual from a financial
3 institution pursuant to this Subpart may disclose such data match information only
4 for the purpose of, and to the extent necessary in, establishing, modifying, or
5 enforcing a child support obligation of such individual.
6	*          *          *
7 §236.1.8.  Family and child support programs; additional authorized employee
8	actions
9	*          *          *
10	D.  The support services authorized by this Subpart shall be provided by the
11 office of children and family services, child support enforcement section. child
12 support.  Field officers responsible for supplying these services shall be designated
13 by the secretary.  Such officers shall have the power and authority to make arrests,
14 supervise the probation of offenders, serve notices, orders, subpoenas, summonses,
15 citations, motions, and writs, and to execute all warrants and orders and to perform
16 any other duties incident to their office.  All such officers are hereby authorized to
17 carry weapons and arms, concealed or openly, while in the actual performance of any
18 duty or while under assignment to any duty, but under no circumstances shall
19 officers be authorized to carry weapons unless they have been trained in the proper
20 carrying and use of firearms by a recognized firearm training program.
21	*          *          *
22 §236.3.  Enforcement of support by income assignment
23	A.  For purposes of this Section, the following words have the meaning
24 ascribed to them by this Section unless the context clearly indicates a different
25 meaning:
26	*          *          *
27	(2)  "Department" means the Department of Children and Family Services,
28 office of children and family services, child support enforcement section. child
29 support.
Page 32 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1	*          *          *
2 §236.10.  State case registry of child support orders
3	A.  The secretary of the Department of Children and Family Services shall
4 create an automated state case registry of child support orders within the office of
5 children and family services, child support enforcement section. child support.
6	*          *          *
7 §236.11.  Louisiana disbursement unit for child support payments
8	*          *          *
9	C.  The Department of Children and Family Services support enforcement
10 program, Services, office of children and family services, child support shall
11 administer the state disbursement unit.  The support enforcement program may
12 contract for the provision of these services in accordance with the applicable
13 provisions of Chapter 17 of Subtitle III of Title 39 of the Louisiana Revised Statutes
14 of 1950 and the Louisiana Procurement Code.
15	*          *          *
16 §236.12.  Plan for parental participation of support; required work activities
17	*          *          *
18	B.  For purposes of this Section:
19	(1)  "Department" means the office of child support, child support
20 enforcement section, office of children and family services, Department of Children
21 and Family Services.
22	*          *          *
23 §236.14.  Employer reporting program
24	*          *          *
25	D.(1)  An employer shall report to the Department of Children and Family
26 Services, office of children and family services, child support enforcement section
27 any of the following:
28	*          *          *
Page 33 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 §236.15.  Limited administrative authority for certain paternity and child support
2	actions
3	A. 
4	*          *          *
5	(1)  In cases in which the Department of Children and Family Services, office
6 of children and family services, child support enforcement section, of child support
7 referred to in this Section as "agency", is providing services, the agency may, in
8 cases in which paternity is at issue, order all parties to submit to genetic testing.
9	*          *          *
10 §236.16.  Child support mortgage and privilege by affidavit; effect of filing
11	A.  The program executive director of the office of child support, child
12 support enforcement section, office of children and family services, Department of
13 Children and Family Services may cause a "Child Support Mortgage and Privilege
14 by Affidavit of DCFS", as provided in R.S. 13:4291(B), to be recorded in the
15 mortgage records of any parish in which the support obligor owns movable or
16 immovable property, and with the office of the secretary of state for inclusion in the
17 master index authorized under R.S. 10:9-519.  Such affidavit when filed shall operate
18 as a first lien, privilege, and legal mortgage on all of the movable and immovable
19 property of the support obligor only from the date of such filing, and shall not affect
20 liens, privileges, chattel mortgages, or security interests as provided in R.S. 10:9-101
21 et seq. or mortgages already affecting or burdening such property at the date of such
22 filing.  Such filing shall apply to all unpaid support obligations that may accrue after
23 such filing, and the property of the support obligor shall be subject to seizure and
24 sale for the payment of such support obligation and arrearages according to the
25 preference and rank of the lien, privilege, security interest, and mortgage securing
26 their payment.  Notwithstanding any provision of this Subsection, such affidavit shall
27 not operate as a lien, privilege, or legal mortgage on any licensed or titled motor
28 vehicle.
Page 34 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1	B.  The program executive director of the office of child support child
2 support enforcement section, office of children and family services, Department of
3 Children and Family Services, or his designee, may release all or any portion of the
4 property subject to any lien or judgment obtained pursuant to this Section from such
5 lien or judgment, or may subordinate such lien or judgment to other liens and
6 encumbrances if he determines that the support obligation and arrearages are
7 sufficiently secured by a lien or judgment on other property or through other
8 security, or that the release, partial release, or subordination of such lien or judgment
9 will not endanger or jeopardize the collection of support obligations or arrearages.
10	*          *          *
11 §238.  Unpaid child support, release of information
12	*          *          *
13	B.  The Department of Children and Family Services, office of children and
14 family services, child support, may participate in cooperative endeavors with private
15 attorneys to release information authorized by this Section for the purpose of
16 collecting unpaid child support in accordance with the provisions of this Section.
17	C.  When a private attorney retained by the obligee receives a certification
18 from the office of children and family services child support that an obligor is in
19 arrears in the payment of child support for more than six months or whose
20 whereabouts have been unknown for more than six months, the private attorney
21 retained by the obligee may apply to the district court for the parish where the order
22 is being enforced for an ex parte order on a motion to determine that the obligor is
23 in arrears or is an absentee.
24	D.  If the court finds that the obligor is in arrears for more than six months
25 or whose whereabouts have been unknown for more than six months, the court may
26 authorize the office of children and family services child support to enter into
27 cooperative endeavors with a private attorney who has been retained by the obligee
28 for the purpose of collecting the unpaid child support in the obligee's case.
Page 35 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1	E.  Pursuant to a cooperative endeavor authorized by the provisions of this
2 Section and to the extent allowed by state and federal laws and regulations, the office
3 of children and family services child support shall provide to a private attorney who
4 has been retained by the obligee for the purpose of collecting unpaid child support
5 all of the following information that it may have regarding the obligor:
6	*          *          *
7	(7)  Any other information which the office of children and family services
8 child support reasonably believes will assist in the collection of child support.
9	*          *          *
10	F.  Nothing in this Section shall authorize the Department of Children and
11 Family Services or the office of child support enforcement section to contract for
12 hire with any private attorney or entity for the collection of child support or the
13 provision of IV-D services.
14	*          *          *
15 §281.  Applicability 
16	The provisions of this Subpart shall apply to persons who contract with the
17 office of children and family services of the Department of Children and Family
18 Services to provide temporary or long-term foster care for not more than six
19 children.
20	*          *          *
21 §443.  Exemption of income and resources
22	The secretary of the Department of Children and Family Services and the
23 secretary of the Louisiana Department of Health are is hereby authorized to adopt
24 income and resources exemption policies to the extent necessary to conform with the
25 federal Economic Opportunity Act, any social security provision, and any other laws
26 of congress to obtain federal block grant or matching funds for the state's public
27 assistance program.  Such income and resources exemption policies shall prevail in
28 the event they conflict with R.S. 46:151, 153, 154, and 233.
29	*          *          *
Page 36 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 §1002.  Vocational testing and counseling; purpose; duties of the office of children
2	and family services child welfare
3	A.  The Department of Children and Family Services, office of children and
4 family services, child welfare, shall provide, in each of its regional offices,
5 vocational testing and counseling on the subjects of higher education and
6 employment for those individuals in long-term foster care at the youngest age
7 deemed appropriate to process the information.
8	B.  Through vocational testing, the office of children and family services
9 child welfare shall seek to identify areas of potential interest and potential
10 employment that are specific to an individual in foster care and, to this end, the
11 office shall:
12	*          *          *
13	C.  The office of children and family services shall adopt all necessary rules
14 and regulations to carry out the provisions of this Chapter.
15	*          *          *
16 §2136.2.  Louisiana Protective Order Registry
17	*          *          *
18	F.  The judicial administrator's office shall make the Louisiana Protective
19 Order Registry available to state and local law enforcement agencies, district
20 attorney offices, the Department of Children and Family Services, office of children
21 and family services, child support enforcement section, child support, the Louisiana
22 Department of Health, bureau of protective services, the office of elderly affairs,
23 elderly protective services, the office of the attorney general, and the courts.
24	*          *          *
25 Section 16.  R.S. 47:299.11(1), 299.41(B), 463.112(C), and 9027(C)(10)(introductory
26paragraph) and (c) are hereby amended and reenacted to read as follows: 
27 §299.11.  Ranking and priority of claims
28	If two or more agencies file offset claims with the secretary against an
29 individual's refund, the secretary shall remit the refund to the claimants if sufficient
Page 37 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 funds exist in the following order with the first offset claim to be paid being
2 completely satisfied before a second or subsequent offset claim is paid:
3	(1)  Claims of the division of support enforcement of the office of children
4 and family services child support of the Department of Children and Family
5 Services.
6	*          *          *
7 §299.41.  Ranking and priority of claims 
8	*          *          *
9	B.  If additional offset claims are filed with the secretary against an
10 individual's refund, the secretary shall rank the claims for child support in the same
11 priority as claims filed by the division of support enforcement of the office of
12 children and family services office of child support of the Department of Children
13 and Family Services pursuant to R.S. 47:299.11(1).
14	*          *          *
15 §463.112.  Special prestige license plates; foster and adoptive parenting
16	*          *          *
17	C.  The department shall collect an annual fee of twenty-five dollars for this
18 special prestige license plate, which shall be dedicated to the Department of Children
19 and Family Services Services, office of children and family services, to be used
20 solely for foster and adoptive parent recruitment activities.  This fee shall be in
21 addition to the regular motor vehicle license fee provided in R.S. 47:463, and a
22 handling fee of three dollars and fifty cents to be retained by the department to offset
23 a portion of administrative costs.
24	*          *          *
25 §9027.  Assignment of deferred lottery annuity prizes
26	*          *          *
27	C.  On the filing by the assignor or the assignee in the Nineteenth Judicial
28 District Court of East Baton Rouge Parish of a petition seeking approval of a
29 voluntary assignment, the court shall issue an order approving a voluntary
Page 38 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1 assignment and directing the corporation to make prize payments as a whole or in
2 part to the assignee if the court finds all of the following:
3	*          *          *
4	(10)  The petition required by this Subsection, shall be accompanied by a
5 certification from a representative of the Department of Children and Family
6 Services, office of children  and family services, child support, stating any of the
7 following:
8	*          *          *
9	(c)  That the assignor or assignee does currently have a child support
10 arrearage, or the assignor or assignee does owe an obligation to repay any public
11 assistance benefits or an overpayment of child support benefits to the Department of
12 Children and Family Services.  The certification from the Department of Children
13 and Family Services, office of children  and family services, shall be provided to the
14 assignor and the assignee promptly upon the request of the assignor or the assignee,
15 and in no event more than ten business days after said request is received by the
16 Department of Children and Family Services, office of children  and family services.
17 child support.
18	*          *          *
19 Section 17.  R.S. 51:1442(4) is hereby amended and reenacted to read as follows: 
20 §1442.  Definitions
21	As used in this Chapter, the following words and phrases shall have the
22 following meanings:
23	*          *          *
24	(4)  "Department" means the Department of Children and Family Services,
25 office of children and family services, child support enforcement section. child
26 support.
27	*          *          *
28 Section 18.  R.S. 36:474(A)(11) and (G) and 477(B)(2) and R.S. 46:51(2) and (14)
29and 233.1(A) and (B) are hereby repealed in their entirety.
Page 39 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
1	Section 19.  This Act shall become effective on July 1, 2027.
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 617 Original 2025 Regular Session	Carver
Abstract: Reorganizes the Department of Children and Family Services (DCFS).
Present law provides that within DCFS each organizational unit which reports to the
secretary, which is not an agency and not within the division of management and finance,
the division of child welfare, or the division of family support, shall be in the executive
division and shall be designated as bureau, section, or unit. 
Proposed law repeals present law 
Present law provides that DCFS shall be composed of the executive office of children and
family services, and such other offices as shall be created by law.
Proposed law modifies present law providing that DCFS shall be composed of the executive
office of the secretary, office of management and finance, office of child welfare, office of
child support, and other offices as shall be created by law. 
Proposed law provides that there shall be an assistant secretary of child welfare and an
assistant secretary of child support and that each assistant secretary shall employ staff as
necessary for the efficient administration of its office and programs.
Present law provides that the office of children and family services shall administer services
related to public assistance programs including food stamps, child support, and disability
determinations and administer public child welfare programs including programs to prevent
child abuse, establish child protective services, and facilitate adoption. 
Proposed law repeals present law providing that DCFS shall be organized into the following
offices:
(1)The executive office of the secretary which shall provide for the general oversight
and supervision of DCFS.
(2)The office of child welfare which shall provide for child protective services, human
trafficking programs, foster children and adoption placement services, and
prevention of child abuse and neglect.
(3)The office of child support which shall provide for the administration of child
support programs. 
Proposed law makes corresponding technical corrections in relevant statutory provisions in
proposed law. 
Present law directs DCFS to prepare and submit a state plan for participation in the Child
Care and Development Block Grant Program until such authority is transferred to the state
Department of Education in accordance with present law (R.S. 17:407.28), and in the Title
IV-A federal program to assist families at risk of welfare dependency.
Proposed law repeals present law. 
Page 40 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-619	ORIGINAL
HB NO. 617
Present law directs DCFS to submit a proposal for reform of the food stamp program.
Proposed law repeals present law.
Present law tasks DCFS with administering and supervising all forms of public assistance.
Proposed law repeals present law.
Present law directs DCFS to construct and operate state-supported detention facilities.
Proposed law repeals present law.
(Amends Ch. C. Arts. 509(B)(1), 512(B)(1), 522(A)(2), 1269.3(F), 1270(B), (E), and (F),
1271(A), 1273, 1283.2(H), 1285.2(H), and 1519, C.E. Art. 902(10), R.S. 6:333(F)(14), R.S.
9:315.16(A), 315.40(1) and (3), 399.1(A) and (F)(3) and (4), and 406(B)(2) and (C)(2), R.S.
11:441.1(F), R.S. 13:998(B) and (E)(1) and (3), 1141(B) and (E)(1) and (3), 1414(B) and
(E)(1) and (3), 4291(B)(1), and 5108.2, R.S. 14:68.2.1(A), R.S. 15:587(A)(2)(a) and (b),
587.1(I), and 587.5(A)(4), R.S. 17:192.1(A)(1)(a) and (3), R.S. 23:1605(A)(4), R.S. 36:3(7),
8(E)(2)(d), 9(C), 471(B) and (C)(1), 472(A), 475.1(B) and (C), 476, and 477(A) and (B),
R.S. 40:34.5(E), 46.12(D) and (F), and 1061.14(B)(3)(b)(i), R.S. 43:111(A)(8) R.S. 44:38,
R.S. 46:51(intro. para.), 51.3, 114(A), (B), (C)(1)(intro. para.) and (2), (D), and (E)(3),
233.1(C)(intro. para.) and (D)(intro. para.), 236.1.1(3), 236.1.4(E), 236.1.8(D), 236.3(A)(2),
236.10(A), 236.11(C), 236.12(B)(1), 236.14(D)(1)(intro. para.), 236.15(A)(1), 236.16,
238(B), (C), (D), (E)(intro. para.) and (7), and (F), 281, 443, 1002(A), (B)(intro. para.), and
(C), and 2136.2(F), R.S. 47:299.11(1), 299.41(B), 463.112(C), and 9027(C)(10)(intro. para.)
and (c), and R.S. 51:1442(4), to enact R.S. 36:477(C) and (D), to repeal R.S. 36:474(A)(11)
and (G) and 477(B)(2) and R.S. 46:51(2) and (14) and 233.1(A) and (B))
Page 41 of 41
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.