§ 46:237 — Kinship Care Subsidy Program

Louisiana § 46:237

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

Text

§237. Kinship Care Subsidy Program
NOTE: Subsection A eff. until Oct. 1, 2027. See Acts 2025, No. 478.
A. Creation. There is hereby established a Kinship Care Subsidy Program in the
office of children and family services of the Department of Children and Family Services,
for the purpose of assisting eligible kinship caregivers, including grandparents, step-grandparents, or other adult relatives within the fifth degree who have legal custody or
guardianship of their minor relatives.
NOTE: Subsection A as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
A. Creation. There is hereby established a Kinship Care Subsidy Program in
Louisiana Works for the purpose of assisting eligible kinship caregivers, including
grandparents, step-grandparents, or other adult relatives within the fifth degree who have
legal custody or guardianship of their minor relatives.
B. Definitions. For purposes of this Section:
(1) "Adult paraphernalia store" means an establishment that has as a substantial or
significant portion of its stock clothing, objects, tools, toys, or any other items distinguished
or characterized by their association with sexual activity, including sexual conduct or sexual
excitement.
(2)(a) "Amusement attraction" means a movie theater, video arcade, or any other
building, structure, or place principally devoted to activities providing amusement, pleasure,
thrills, or excitement.
(b) "Amusement attraction" does not include any enterprise principally devoted to
the exhibition of products of agriculture, industry, education, including zoos and aquariums,
science, religion, sports, or the arts.
(3) "Amusement ride" means any mechanized device or combination of devices
which carries passengers along, around, or over a fixed or restricted course for the purpose
of giving its passengers amusement, pleasure, thrills, or excitement. "Amusement ride"
includes inflatables.
(4) "Automated teller machine" means an electronic hardware device that is capable
of dispensing currency and responding to balance inquiries through the use of a magnetic
stripe card issued by or on behalf of the state for distribution of assistance through an
electronic benefits transfer system as described in Subpart A of this Part.
(5) "Bail" means security given by a person to assure his appearance, or the
appearance of a third party, before the proper court whenever required.
(6) "Bar" means a business that holds a Class A-General retail permit and the
primary purpose of such business is to serve alcoholic beverages for consumption by guests
on the premises and in which the serving of food is only incidental to the consumption of
those beverages. Bars include, without limitation, taverns, saloons, nightclubs, cocktail
lounges, and cabarets.
(7) "Cash assistance" means funds that the department provides through the Family
Independence Temporary Assistance Program and the Kinship Care Subsidy Program to
eligible beneficiaries for the purpose of assisting those persons in meeting ongoing basic
needs.
(8) "Commercial body art facility" means any location, place, area, or business,
whether permanent or temporary, that provides consumers access to personal services
workers who for remuneration perform any of the following procedures:
(a) Tattooing or inserting pigment under the surface of the skin of a human being,
by pricking with a needle or otherwise, to produce an indelible mark or figure visible under
the skin.
(b) Body piercing or the creation of an opening in the body of a human being for the
purpose of inserting jewelry or other decoration. For purposes of this Section, "body
piercing" does not include piercing an ear with a disposable, single-use stud or solid needle
that is applied using a mechanical device to force the needle or stud through the ear.
(c) Application of permanent cosmetics or pigments under the skin of a human being
for the purpose of permanently changing the color or other appearance of the skin, including
but not limited to permanent eyeliner, eye shadow, or lip color.
(9) "Cruise ship" means any commercial ship used for the domestic or international
carriage of passengers.
(10) "Electronic benefits transfer transaction" and "EBT transaction" mean the use
of a credit or debit card service, automated teller machine, point-of-sale terminal, or access
to an online system for the withdrawal of funds.
(11)(a) "Gaming establishment" means a gambling casino and any other
establishment which provides gaming activities that are subject to regulation by the
Louisiana Gaming Control Board.
(b) "Gaming establishment" does not include either of the following:
(i) A grocery store that sells groceries including staple foods and that also offers, or
is located within the same building or complex as, casino activities, gambling, or gaming
activities.
(ii) Any establishment that offers casino, gambling, or gaming activities that are
incidental to the principal purpose of the business.
(12) "Jewelry" means an object or thing consisting of precious stones or precious
metals worn as adornment or apparel, including costume jewelry.
(13) "Kinship caregiver" means the grandparent, step-grandparent, aunt, uncle, or
other adult relative within the fifth degree of consanguinity.
(14)(a) "Liquor store" means any retail establishment that sells exclusively or
primarily intoxicating liquor.
(b) "Liquor store" does not include a grocery store that sells both intoxicating liquor
and groceries, including staple foods.
(15) "Minor relative" means a grandchild, step-grandchild, or other minor relative
not the natural or adopted child of the kinship caregiver who is under eighteen years of age
and who meets the definition of "dependent child" specified in R.S. 46:231.
(16) "Nail salon" means a commercial establishment that provides nail services of
any kind including but not limited to trimming, filing, decorating, shaping, sculpting, or in
any way caring for the nails and skin of a person's hands or feet together with massaging the
hands, arms, legs, and feet.
(17) "Point-of-sale terminal" means an electronic hardware device that meets all of
the following criteria:
(a) May be utilized at a retailer's place of business where consumers pay for goods
or services.
(b) Is capable of the following:
(i) Initiating a request for authorization of a purchase of tangible personal property.
(ii) Disbursing currency from an account.
(iii) Initiating a balance inquiry for an account.
(iv) Distributing assistance through an electronic benefits transfer system as
described in Subpart A of this Part.
(18) "Psychic" means any person or establishment engaged in the occupation of
occult science including a fortune teller, palmist, astrologist, numerologist, clairvoyant,
craniologist, phrenologist, card reader, spiritual reader, tea leaf reader, prophet, or advisor
who in any manner claims or pretends to tell fortunes or claims or pretends to disclose
mental faculties of individuals for any form of compensation.
(19) "Sexually oriented business" means any commercial enterprise that has as its
primary business the offering of a service or the sale, rent, or exhibit of devices or any other
items intended to provide sexual stimulation or sexual gratification to the customer.
C. Eligibility. To be eligible to qualify for a subsidy under the program, a kinship
caregiver of a minor relative shall meet the following requirements:
(1) Possess or obtain, within one year of enrolling in the program, legal custody or
guardianship of a minor relative who is living in his home.
(2) Have an annual income of less than one hundred fifty percent of the federal
poverty threshold, in accordance with the size of the family applying for the subsidy.
(3) Apply for benefits through the Family Independence Temporary Assistance
Program (FITAP).
(4) Have neither of the minor relative's parents residing in applicant's household.
(5) Agree to pursue the enforcement of child support obligations against the parents
of the minor relative with the assistance of the Department of Children and Family Services
in accordance with applicable law.
D. Repealed by Acts 2017, No. 265, §2, eff. Oct. 1, 2017.
NOTE: Subsections (E)-(G) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
E. Subsidy amounts. The office of children and family services shall promulgate
rules and regulations to establish the amount of the subsidy to be awarded on behalf of each
minor relative.
F. Rules, regulations, and procedures. The office of children and family services
shall promulgate rules and regulations to provide for any other eligibility requirements which
are reasonably necessary to administer the Kinship Care Subsidy Program in accordance with
this Section and any federal requirements, to promote the safety and well-being of any minor
relative for whom subsidies are issued, and to establish procedures for reconsideration of
eligibility of applicants no less than annually.
G. Administration and funding. The subsidy provided for in this Section shall be
administered by the office of children and family services and funded through the TANF
block grant.
NOTE: Subsections (E)-(G) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
E. Subsidy amounts. Louisiana Works shall promulgate rules and regulations to
establish the amount of the subsidy to be awarded on behalf of each minor relative.
F. Rules, regulations, and procedures. Louisiana Works shall promulgate rules and
regulations to provide for any other eligibility requirements which are reasonably necessary
to administer the Kinship Care Subsidy Program in accordance with this Section and any
federal requirements, to promote the safety and well-being of any minor relative for whom
subsidies are issued, and to establish procedures for reconsideration of eligibility of
applicants no less than annually.
G. Administration and funding. The subsidy provided for in this Section shall be
administered by Louisiana Works and funded through the TANF block grant.
H. Prohibited uses of benefits. (1) A recipient of Kinship Care Subsidy Program
benefits shall not use such benefits in an electronic benefits transfer transaction in any of the
following places:
(a) A liquor store.
(b) A gaming establishment.
(c) A retail establishment that provides adult-oriented entertainment in which
performers disrobe or perform in an unclothed state for entertainment purposes.
(d) An adult bookstore.
(e) An adult paraphernalia store.
(f) A sexually oriented business.
(g) A commercial body art facility.
(h) A nail salon.
(i) A jewelry store.
(j) An amusement ride.
(k) An amusement attraction.
(l) A bail bonds company.
(m) A bar.
(n) A cruise ship.
(o) A psychic business.
(p) An establishment where persons under eighteen years of age are not permitted
to enter.
(2) A recipient of Kinship Care Subsidy Program benefits shall not use such benefits
in any electronic benefits transfer transaction at a retailer for the purchase of any of the
following:
(a) An alcoholic beverage as defined in R.S. 14:93.10.
(b) A tobacco product as defined in R.S. 14:91.6(B).
(c) A ticket for a lottery as defined in R.S. 47:9002.
(d) Jewelry as defined in R.S. 46:231.
(3) The Kinship Care Subsidy Program case of any recipient who violates the
provisions of this Section shall be closed in accordance with the following schedule:
(a) Case closure for a period of twelve months for the first violation.
(b) Case closure for a period of twenty-four months for the second violation.
(c) Permanent case closure for the third violation.
(d) A recipient whose Kinship Care Subsidy Program case is closed pursuant to the
provisions of this Subsection shall have the right to a hearing pursuant to the Administrative
Procedure Act.

Legislative History

Acts 1999, No. 990, §1, eff. July 9, 1999; Acts 2001, No. 857, §1, eff. June 26, 2001; Acts 2014, No. 842, §1, eff. June 23, 2014; Acts 2017, No. 265, §2, eff. Oct. 1, 2017; Acts 2018, No. 206, §5; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.