§ 46:236.15 — Limited administrative authority for certain paternity and child support actions

Louisiana § 46:236.15

• Jurisdiction: Louisiana
• Title 46: Public Welfare and Assistance

Text

§236.15. Limited administrative authority for certain paternity and child support actions
A. Genetic testing.
NOTE: Paragraph (A)(1) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
(1) In cases in which the Department of Children and Family Services, office of
children and family services, child support enforcement section, referred to in this Section
as "agency", is providing services, the agency may, in cases in which paternity is at issue,
order all parties to submit to genetic testing.
NOTE: Paragraph (A)(1) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
(1) In cases in which the Department of Children and Family Services, office of child
support, referred to in this Section as "agency", is providing services, the agency may, in
cases in which paternity is at issue, order all parties to submit to genetic testing.
(2) To order an alleged father to submit to genetic testing, the agency shall provide
the alleged father with a notice by certified mail, personal service, or domiciliary service.
The notice shall advise the alleged father that he has been named as the father of one child
or more and list each child, each child's date of birth, and the mother of each child. The
notice shall advise the alleged father that he is being ordered to submit to genetic testing and
shall give the time and place where the genetic sample is to be taken. The date the genetic
test is scheduled for shall be at least twenty days from the date of notice on the alleged father.
(3) Genetic test results obtained under this Section shall be admissible in any
subsequent paternity proceedings.
(4) The agency shall serve both parties with the results of the genetic tests. If either
party requests an additional test and pays in advance for the test, the agency shall order all
the parties to submit to another genetic test.
(5) If the genetic test excludes the alleged father, the agency shall be precluded from
taking any further action against him.
(6) The department shall take no further administrative action against an alleged
father who refuses or fails to submit to genetic testing pursuant to this Subsection. However,
nothing in this Subsection shall preclude the department from taking action in the appropriate
court to establish paternity and requesting the court to order such party to submit to genetic
testing in accordance with state law.
B. Subpoena authority.
The agency shall have the administrative authority to subpoena information needed
to establish, modify, or enforce a support order, or to establish paternity, or to locate a non-custodial parent, and to impose penalties not to exceed twenty-five dollars for failure to
respond to such a subpoena. To order such subpoena, the agency shall provide a written
notice to the appropriate entity which has the information. The notice shall provide the entity
with the appropriate statutory authority that allows the agency to issue the subpoena, and
shall list the penalties for failure to comply. The entity shall also be given thirty days to file
an appeal with the agency.
C. Access to information.
Notwithstanding any other provision of law, subject to the safeguards on privacy and
information security, and subject to the nonliability of entities that afford such access
according to this Subsection, the agency shall have the right to access information contained
in the following records, including information maintained in automated databases, to assist
in actions relating to the establishment of paternity or to the establishment, modification, or
enforcement of support orders, without obtaining an order from any other judicial or
administrative tribunal:
(1) Vital records, including marriage, birth, and divorce records.
(2) State and local tax and revenue records, including information on residence
address, employer, income, and assets.
(3) Records concerning real and titled property.
(4) Employment security records.
(5) Corrections records.
(6) Records of occupational and professional licenses and records concerning the
ownership and control of corporations, partnerships, and other business entities.
(7) Records of agencies administering public assistance programs.
(8) Records of the office of motor vehicles.
(9) The names and addresses of individuals who owe or are owed support, or against
or with respect to whom a support obligation is sought, and the names and addresses of
employers of such individuals, as appearing in customer records of electronic
communications and Internet service providers, public utilities, cable television companies,
and cellular telephone companies, pursuant to an administrative subpoena in accordance with
Subsection B of this Section.
D. Authority to seize and intercept.
(1) In cases in which there is a child support arrearage or child support overpayment
made to a custodial parent, and after notice of such arrearage or overpayment has been made
by certified or regular mail, personal service, or domiciliary service, the agency shall have
the administrative authority to:
(a) Intercept, encumber, freeze, or seize periodic or lump sum payments from a state
or local agency or any entity licensed or permitted by any state agency or board under
Chapters 1, 4, 5, or 7 of Title 27 of the Louisiana Revised Statutes of 1950, including but not
limited to unemployment compensation benefits, workers' compensation, and other benefits,
judgments, settlements, lottery winnings, progressive slot machine annuities beginning with
the second annuity payment, cash gaming winnings, assets held in financial institutions, and
public and private retirement funds. However, child support overpayments are excluded
from recovery from unemployment compensation benefits. The provisions of R.S. 13:3881
providing general exemptions from seizure are applicable to the provisions of this
Subparagraph. After the agency encumbers, intercepts, or freezes any assets set out in this
Subsection, it shall notify the payor or custodial parent that he has thirty days to advise the
agency that he wishes to appeal the seizing of the assets. Upon receipt of such notice, the
agency shall either release the property or schedule a hearing in accordance with the
Administrative Procedure Act. Such hearing may be conducted telephonically or by means
of any other such electronic media. The sole issue at the administrative hearing shall be
whether the payor is in compliance with an order of support or whether the custodial parent
owes an overpayment of support. If the payor or custodial parent fails to file an appeal
within thirty days, the agency may institute proceedings through administrative process to
seize or sell the property in accordance with state law.
(b) Impose liens, force sale of property, and distribute proceeds in accordance with
state law.
(2) Nothing in this Subsection shall grant administrative authority to the agency to
place a lien, privilege, or legal mortgage on any licensed or titled motor vehicle.
E. Interstate cases.
The provisions of this Section shall also apply to the agency's handling of interstate
cases when the agency has received, by electronic or other means, a request from another
state to enforce a support order. Such transmittal shall constitute a certification by the
requesting state of the amount of support under the order, the amount of arrears owed and
that the requesting state has complied with all procedural due process requirements
applicable to the case.

Legislative History

Acts 1997, No. 1248, §1, eff. July 1, 1997; Acts 2006, No. 121, §1, eff. June 2, 2006; Acts 2006, No. 375, §1, eff. June 15, 2006; Acts 2010, No. 425, §2, eff. June 22, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2012, No. 87, §1; Acts 2012, No. 255, §7; Acts 2016, No. 359, §1; Acts 2018, No. 194, §1; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.