Amendment vs bill Senate Committee Amendment, #2654, JUDA, Draft vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

Previous
Latest
Regular Session ENROLLED SENATE BILL NO.
SCASB333 359 2654 SENATE COMMITTEE AMENDMENTS Regular Session AmendmentsproposedbySenateCommitteeonJudiciaryAtoOriginalSenateBillNo.333 by Senator Cloud AMENDMENT NO.
333 BY SENATOR CLOUD AN ACT To amend and reenact Children's Code Arts.
1 On page 1, line 2, delete "enact Children's Code Art.
603(24) through (32), 623(A), (B), and (E), 679(D)and(F),695(A)and(D),705(A)and(D),710(A)(2),and1004.2andtoenact Children's Code Arts.
710.1," and insert the following:
581.1 through 581.4 and 603(33), relative to child in need of care proceedings;
"amend and reenact Children's Code Arts.
to provide relative to disposition and permanency hearings;
603(24) through (32), 623(A), (B), and (E), 679(D) and (F), 695(A) and (D), 705(A) and (D), 710(A)(2), and 1004.2 and to enact Children's Code Arts.
to provide relative to a caregiver providing care to a child in need of care proceedings in certain circumstances;
581.1 through 581.4 and 603(33)," AMENDMENT NO.
to provide relative to notice requirements and right to be heard;
2 On page 1, delete lines 11 through 17, and insert the following:
to provide relative to civil procedure and evidence;
"Section1.
to provide relative to written reasons for judicial findings;
Children'sCodeArts.603(24)through(32),623(A),(B),and(E),679(D) and (F), 695(A) and (D), 705(A) and (D), 710(A)(2), and 1004.2 are hereby amended and reenactedandChildren's Code Arts.
to provide for termination of parental rights in certain circumstances;
581.1 through 581.4 and 603(33) are herebyenactedto read as follows:
to provide for definitions;
to provide relative to rights, conditions,andlimitationsofacaregiverincertaincircumstances;andtoprovidefor related matters.
Be it enacted by the Legislature of Louisiana:
Section1.
Children's CodeArts.603(24)through(32),623(A),(B),and(E),679(D) and (F), 695(A) and (D), 705(A) and (D), 710(A)(2), and 1004.2 are hereby amended and reenactedand Children's Code Arts.
581.1 through 581.4 and 603(33) areherebyenactedto read as follows:
claims;
claims A.
definitions For purposes of this Chapter:
Definitions For purposes of this Article:
(1) "Department" means the Department of Children and Family Page 1 of 9 Coding:
(1) "Department" means the Department of Children and Family Services.
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
333 ENROLLED Services.
(3) "Title IV-E eligible legal representation costs" refers to federal financial participation for the legal representation costs necessary for the proper and efficient administration of the Title IV-E plan as provided in 45 CFR 1356.60(c).
(3) "Title IV-E eligible legal representation costs" refers to federal financial participation for the legal representation costs necessary for the proper and efficient administration of the Title IV-E plan as provided in 45 C.F.R.
§1356.60(c).
581.2.
581.2 Contractual agreement;
Contractual agreement;
A new agreement shall not take effect beforeJulyfirstofthefollowingfiscalyear.Thedepartmentshallexercisegood faith in limiting the number of new agencies receiving Title IV-E reimbursement each year based on capacity.
A new agreement shall not take effect beforeJulyfirstofthefollowing fiscalyear.Thedepartmentshallexercisegood faith in limiting the number of new agencies receiving Title IV-E reimbursement each year based on capacity.
B.
B.Thecontractualagreementshallincludeprovisionsforthefollowing:
The contractual agreement shall include provisions for all of the following:
Page 2 of 9 Coding:
(2) A process by which the legal representation agency shall submit the billing for reimbursement.
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
333 ENROLLED (2) A process by which the legal representation agency shall submit the billing for reimbursement.
(4) A procedure for processing and disbursing the funds received as reimbursement.
Page 1 of 5 SCASB333 359 2654 (4) A procedure for processing and disbursing the funds received as reimbursement.
581.4.
583.4.
* * * (24)"Pre-adoptiveparent"meansanindividualwhohasbeenidentified Page 3 of 9 Coding:
* * * (24)"Pre-adoptiveparent"meansanindividualwhohasbeenidentified in the child's case plan or permanency plan as the prospective adoptive parent or to whom a court has granted custody of the child when the child's permanency plan is adoption pursuant to an order of a court.
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Show all 85 changed rows (45 more)
Previous
Latest
SB NO.
333 ENROLLED in the child's case plan or permanency plan as the prospective adoptive parent or to whom a court has granted custody of the child when the child's permanency plan is adoption pursuant to an order of a court.
(25)(26)"Protectivecapacity"meansthecognitive,behavioral,andemotional knowledge, abilities, and practices that prevent or control threats of danger to children.
(25) (26) "Protective capacity" means the cognitive, behavioral, and emotionalknowledge,abilities,andpracticesthatpreventorcontrolthreatsofdanger to children.
(26)(27) "Reasonable efforts" means the exercise of ordinary diligence and carebythedepartmentthroughoutthependencyofacasepursuanttotheobligations imposed on the state by federal and state law to provide services and supports designedandintendedtopreventoreliminatetheneedforremovingachildfromthe child'shome,toreunitefamiliesafterseparation,andtoachievesafepermanencyfor children.
(26) (27) "Reasonable efforts" means the exercise of ordinarydiligence and carebythedepartmentthroughoutthependencyofacasepursuanttotheobligations imposed on the state by federal and state law to provide services and supports designedandintendedtopreventoreliminatetheneedforremovingachildfromthe child'shome,toreunitefamiliesafterseparation,andtoachievesafepermanencyfor children.
Reasonable efforts shall be determined by the particular facts and circumstancesofeachcase,includingtheindividualized needs of eachchildandthe family, theimminenceandpotential severityof the threat of danger, the strengths of each child and the family, and the community of support available to the family.
Reasonable efforts shall be determined by the particular facts and circumstancesofeachcase,includingtheindividualizedneeds of eachchild andthe family, theimminenceandpotential severityof the threat of danger, the strengths of each child and the family, and the community of support available to the family.
(28)(29) "Removal" means placinga child in the custodyof the state or with someone other than the parent or caretaker during or after the course of an investigation of abuse and neglect to secure the child's health, welfare, and safety.
(28)(29)"Removal"meansplacingachildin thecustodyofthestateorwith someone other than the parent or caretaker during or after the course of an investigation of abuse and neglect to secure the child's health, welfare, and safety.
(29)(30)"Safe"and"safety"meantheconditionofnotbeingunsafe.Whether Page 4 of 9 Coding:
(29) (30) "Safe" and "safety" mean the condition of not being unsafe.
Words which are struck through are deletions from existing law;
Whether a child is unsafe shall be determined by the particular facts and circumstances of each case, including consideration of the threat of danger to the child, whether the child is vulnerable to the threat, and the parent's or caretaker's protective capacityto manage or control the threat.
words in boldface type and underscored are additions.
(30) (31) "Safety plan" means a plan for the purpose of assuring a child's health, welfare, and safety by imposing conditions for the child to safely remain in Page 2 of 5 SCASB333 359 2654 the home, or, after a child has been removed from the home, for the continued placement of the child with a custodian and terms for contact between the child and the child's parents or other persons.
SB NO.
333 ENROLLED a child is unsafe shall be determined by the particular facts and circumstances of each case, including consideration of the threat of danger to the child, whether the child is vulnerable to the threat, and the parent's or caretaker's protective capacityto manage or control the threat.
(30)(31) "Safety plan" means a plan for the purpose of assuring a child's health, welfare, and safety by imposing conditions for the child to safely remain in the home, or, after a child has been removed from the home, for the continued placement of the child with a custodian and terms for contact between the child and the child's parents or other persons.
(32)(33) "Vulnerable" means the inability to protect oneself from identified threats of danger.
(32) (33) "Vulnerable" means the inabilityto protect oneself from identified threats of danger.
right to be heard A.(1)Thedepartmentshallgivenoticeofanyorderregardingthechildissued in accordancewith Article 619(C) or 620 to the child's parents, the district defender orotherentitydesignatedforthejurisdictionbytheIndigentParents'Representation Program for representing parents, the entity designated for the jurisdiction by the LouisianaSupremeCourttoprovidequalified,independentcounselforthechild,and other parties.
right to be heard * * * A.(1)Thedepartmentshallgivenoticeofanyorderregardingthechildissued in accordancewith Article 619(C) or 620 to the child's parents, the district defender orotherentitydesignatedforthejurisdictionbytheIndigentParents'Representation Program for representing parents, the entity designated for the jurisdiction by the LouisianaSupremeCourttoprovidequalified,independentcounselforthechild,and other parties.
(3) The department shall notify the court of each party's address and shall haveacontinuingdutyto provide currentinformationto thecourtabouteachparty's whereabouts.
(3) The department shall notify the court of each party's address and shall haveacontinuingdutyto providecurrentinformationto thecourtabout eachparty's whereabouts.
(2) The notice to the district defender and the entity designated for the Page 5 of 9 Coding:
(2) The notice to the district defender and the entity designated for the jurisdiction by the Louisiana Supreme Court to provide qualified, independent counselforthechild shall alsoincludeacopyoftheverifiedcomplaint,theaffidavit required in Article 620(B), and any order issued by the court.
Words which are struck through are deletions from existing law;
* * * E.(1) The court shall solicit and consider information regarding the care and treatment of the child from any foster parent, pre-adoptive parent, or relative providing care for the child who appears for the hearing.
words in boldface type and underscored are additions.
SB NO.
333 ENROLLED jurisdiction by the Louisiana Supreme Court to provide qualified, independent counselforthechild shallalsoincludeacopyoftheverifiedcomplaint,theaffidavit required in Article 620(B), and any order issued by the court.
* * * E.(1)The court shall solicit and consider information regarding the care and treatment of the child from any foster parent, pre-adoptive parent, or relative providing care for the child who appears for the hearing.
(2)The information provided by thefosterparent,pre-adoptiveparent, or relative shall be limited to personal knowledge, defined as firsthand observations of the daily care, functioning, development, behavior, activities, health, education, and interactions of the child, including visitation, communication with parentsas itrelatestothechild, sibling relationships, and any needs for services or support in the home of the caregiver.
(2)The information providedby thefosterparent,pre-adoptiveparent, or relative shall be limited to personal knowledge, defined as firsthand observations of the daily care, functioning, development, behavior, activities, health, education, and interactions of the child, including visitation, communication with parentsas itrelatestothechild, sibling relationships, and any needs for services or support in the home of the caregiver.
The notice shall state the date, time, and place of any scheduled hearing and informtherecipientof the right to attendand beheard.
The notice shall state the date, time, and place of any scheduled hearing and informthe recipient of therighttoattendand beheard.
The court shall provide any foster caregiver, pre-adoptive parent, or relative providing care for the Page 6 of 9 Coding:
The court shall provide any foster caregiver, pre-adoptive parent, or relative providing care for the child who appears at the hearing a reasonable opportunity to be heard regarding the care and treatment of the child and may receive evidence from each person.
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
333 ENROLLED child who appears at the hearing a reasonable opportunity to be heard regarding the care and treatment of the child and may receive evidence from each person.
(2)Theinformation provided by thefosterparent,pre-adoptiveparent, or relative shall be limited to personal knowledge, defined as firsthand observations of the daily care, functioning, development, behavior, activities, health, education, and interactions of the child, including visitation, communication with parentsas itrelatestothechild, sibling relationships, and any needs for services or support in the home of the caregiver.
(2)The information provided bythefosterparent,pre-adoptiveparent, or relative shall be limited to personal knowledge, defined as firsthand observations of the daily care, functioning, development, behavior, activities, Page 3 of 5 SCASB333 359 2654 health, education, and interactions of the child, including visitation, communication with parentsas itrelatestothechild, sibling relationships, and any needs for services or support in the home of the caregiver.
* * * D.(1)The court shall solicit and consider information regardingthecareand treatment of the child from any foster parent, pre-adoptive parent, or relative providing care for the child who appears for the hearing.
* * * D.(1) The court shall solicit and consider informationregardingthecareand treatment of the child from any foster parent, pre-adoptive parent, or relative providing care for the child who appears for the hearing.
(2)The information provided by thefosterparent,pre-adoptiveparent, or relative shall be limited to personal knowledge, defined as firsthand observations of the daily care, functioning, development, behavior, activities, health, education, and interactions of the child, including visitation, communication with parentsas itrelatestothechild, sibling relationships, and Page 7 of 9 Coding:
(2)The information provided by thefosterparent,pre-adoptiveparent, or relative shall be limited to personal knowledge, defined as firsthand observations of the daily care, functioning, development, behavior, activities, health, education, and interactions of the child, including visitation, communication with parentsas itrelatestothechild, sibling relationships, and any needs for services or support in the home of the caregiver.
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
333 ENROLLED any needs for services or support in the home of the caregiver.
(2)The informationprovided by thefosterparent,pre-adoptiveparent, or relative shall be limited to personal knowledge, defined as firsthand observations of the child's daily care, functioning, development, behavior, activities, health, education, and interactions of the child, including visitation, communication with parentsas itrelatestothechild, sibling relationships, and any needs for services or support in the home of the caregiver.
(2)Theinformation provided by thefosterparent,pre-adoptiveparent, or relative shall be limited to personal knowledge, defined as firsthand observations of the child's daily care, functioning, development, behavior, activities, health, education, and interactions of the child, including visitation, communication with parentsas it relatestothechild, sibling relationships, and any needs for services or support in the home of the caregiver.
children in state custody Page 8 of 9 Coding:
children in state custody The department shall file and pursue to judgment in the trial court a petition to terminate the parental rights of the parent or parents if the child has been in state custody for seventeen fifteen of the last twenty-two months, unless the department has documented in the case plan a compelling reason why filing is not in the best interest of the child.
Words which are struck through are deletions from existing law;
* * *" Page 4 of 5 SCASB333 359 2654 AMENDMENT NO.
words in boldface type and underscored are additions.
3 Delete pages 2 and 3 Page 5 of 5
SB NO.
333 ENROLLED The department shall file and pursue to judgment in the trial court a petition to terminate the parental rights of the parent or parents if the child has been in state custody for seventeen fifteen of the last twenty-two months, unless the department has documented in the case plan a compelling reason why filing is not in the best interest of the child.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
Page 9 of 9 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.