Struck = removed from the bill ยท
added = the amendment's new text.
HCASB333 4921 5838 HOUSE COMMITTEE AMENDMENTS Regular Session ENROLLEDAmendmentsproposedbyHouseCommittee SENATEonHealthandWelfareto BILLReengrossedSenate NO.Bill No.
333 BYby SENATORSenator CLOUDCloud ANAMENDMENT ACTNO. To amend and reenact Children's Code Arts.
603(24)1 throughOn (32),page 623(A),3, (B),line and2, (E),after 679(D)and(F),695(A)and(D),705(A)and(D),710(A)(2),and1004.2andtoenact"for" Children'sinsert Code"all Arts.of" Page 1 of 1 CODING:
581.1Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored throughare 581.4additions. and 603(33), relative to child in need of care proceedings;
to provide relative to disposition and permanency hearings;
to provide relative to a caregiver providing care to a child in need of care proceedings in certain circumstances;
to provide relative to notice requirements and right to be heard;
to provide relative to civil procedure and evidence;
to provide relative to written reasons for judicial findings;
to provide for termination of parental rights in certain circumstances;
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:
Art.
581.1.
Contractual agreement;
Title IV-E eligible legal representation costs;
claims;
definitions For purposes of this Chapter:
(1) "Department" means the Department of Children and Family Page 1 of 9 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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333 ENROLLED Services.
(2) "Legal representation agency" includes the office of the state public defender, office of the district attorney, Louisiana Bar Foundation, Mental Health Advocacy Service, and any other entity providing legal representation to children, parents, or caregivers eligible for Title IV-E eligible legal representation costs.
(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).
Art.
581.2.
Contractual agreement;
duty to negotiate A.(1) The department shall, in good faith, negotiate contractual agreements with legal representation agencies operating within the state to allow the agencies to claim reimbursement for Title IV-E eligible legal representation costs as provided for in this Article.
(2) The department shall provide technical assistance to a legal representationagencytoensurecompliancewithfederalrequirementstomake a claim for Title IV-E eligible legal representation costs.
(3) The department shall have the right to incorporate a reasonable administrative fee in the agreement as needed.
(4) A legal representation agency seeking initial Title IV-E reimbursement shall submit notice to the department by August first of each year for inclusion in the next fiscal year.
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.
B.
The contractual agreement shall include provisions for all of the following:
(1) Title IV-E eligible legal representation cost reimbursement methodology and rates consistent with standard legal representation billing.
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Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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333 ENROLLED (2) A process by which the legal representation agency shall submit the billing for reimbursement.
(3) A requirement that the legal representation agency provide documentation to substantiate the billing reimbursement claim.
(4) A procedure for processing and disbursing the funds received as reimbursement.
(5) A requirement that the legal representation agency timely complete orders to determine Title IV-E eligibility of the client.
(6) A requirement that the legal representation agency remain in full compliance with all of the Title IV-E program requisites.
(7) The right of any state or federal partner agency to audit the performance or billing of the legal representation agency pursuant to the agreement.
Art.
581.3.
Reimbursement;
legal representation costs;
retention A.
A legal representation agency that obtains Title IV-E eligible legal representation costs pursuant to Article 581.2 shall retain all of the funds.
B.
The funds received as reimbursement shall not be subject to reallocationorreductionbythedepartmentoranyotherstateagencyandshall remainavailabletothelegalrepresentationagencytosupportandenhancelegal representation services provided for children, parents, caregivers, or the state in foster care and adoption proceedings.
Art.
581.4.
Promulgation of rules The department shall promulgate policies and rules necessary to implementtheprovisionsofArticles581.1through581.3nolaterthanJulyfirst of the year following its enactment.
* * * Art.
603.
Definitions As used in this Title:
* * * (24)"Pre-adoptiveparent"meansanindividualwhohasbeenidentified Page 3 of 9 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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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) "Prenatal neglect" means exposure to chronic or severe use of alcohol ortheunlawfuluseofanycontrolleddangeroussubstance,asdefinedbyR.S.40:961 et seq., or in a manner not lawfully prescribed, which results in symptoms of withdrawal in the newborn or the presence of a controlled substance or a metabolic thereof in his body, blood, urine, or meconium that is not the result of medical treatment, or observable and harmful effects in his physical appearance or functioning.
(25)(26)"Protectivecapacity"meansthecognitive,behavioral,andemotional knowledge, abilities, and practices that prevent or control threats of danger 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.
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.
In making reasonable efforts, the health, welfare, and safety of the child shall be the paramount concern.
(27)(28)"Relative"meansanindividualwithwhomthechildhasestablished a significant relationship by blood, adoption, or affinity.
(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.
(29)(30)"Safe"and"safety"meantheconditionofnotbeingunsafe.Whether Page 4 of 9 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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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.
(31)(32)"Threatofdanger"existswhenthebehaviorofaparentorcaretaker or the family situation indicates serious harm, in the near future, to the child's physical, mental, or emotional health, welfare, and safety.
(32)(33) "Vulnerable" means the inability to protect oneself from identified threats of danger.
* * * Art.
623.
Notice;
presence at hearing;
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.
(2) The department shall also give written notice regarding any child in foster care to anyfoster parent, pre-adoptive parent, and relative providingcare.
(3) The department shall notify the court of each party's address and shall haveacontinuingdutyto provide currentinformationto thecourtabouteachparty's whereabouts.
B.(1)Thenoticeshallstatethedate,time,andplaceofanyscheduledhearing and inform the recipient of the right to attend and be heard.
(2) The notice to the district defender and the entity designated for the Page 5 of 9 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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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.
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.
The court shall consider this information in conjunction with all other admissible evidence.
(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.
* * * Art.
679.
Notice;
presence at disposition hearing;
right to be heard * * * D.
The department shall give written notice of the right to appear at the disposition hearing to any foster parent, pre-adoptive parent, or relative providing care for the child.
The notice shall state the date, time, and place of any scheduled hearing and informtherecipientof the right to attendand beheard.
* * * F.(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.
The court shall provide any foster caregiver, pre-adoptive parent, or relative providing care for the Page 6 of 9 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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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.
The court shall consider this information in conjunction with all other admissible evidence.
(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.
* * * Art.
695.
Notice;
foster parents, pre-adoptive parents, relatives providing care;
presence at case review hearing;
right to be heard A.
The department shall give written notice of the right to appear at each case review hearing to any foster parent, pre-adoptive parent, or relative providing care for the child.
* * * 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.
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.
The court shall consider this information in conjunction with all other admissible evidence.
(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:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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333 ENROLLED any needs for services or support in the home of the caregiver.
* * * Art.
705.
Notice;
presence at permanency hearing;
right to be heard A.
The department shall give written notice of the right to appear at each permanency hearing to any foster parent, pre-adoptive parent, or relative providing care for the child.
* * * 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.
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.
The court shall consider this information in conjunction with all other admissible evidence.
(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.
* * * Art.
710.
Order;
appeal A.
In a written judgment, the court shall make findings of fact regarding:
* * * (2)Thepermanentplanthatismostappropriateandinthebestinterestofthe childinaccordancewiththeprioritiesofArticle702(C),includingthebasisforthe permanent plan determination of the child.
* * * Art.
1004.2.
Termination of rights;
children in state custody Page 8 of 9 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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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:
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words in boldface type and underscored are additions.