§ 46:51 — Duties of the department

Louisiana § 46:51

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

Text

§51. Duties of the department
NOTE: §51(intro. para.) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
The Department of Children and Family Services, through its secretary, shall
administer the public assistance and welfare laws of the state as follows:
NOTE: §51(intro. para.) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.
The Department of Children and Family Services, through its secretary, shall
administer welfare laws of the state as follows:
(1) Make and promulgate such rules and regulations as are necessary or desirable for
carrying out the provisions of this Chapter, which rules and regulations are binding upon the
parishes or other local units and their agents and upon such private agencies and their agents
as are subject to the supervision of the department.
NOTE: Paragraph (2) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
(2) Administer and supervise all forms of public assistance including general home
relief, outdoor and indoor care of persons in need, old age assistance, financial assistance to
needy individuals, aid to dependent children, except medical and health services the
responsibility for which is or may be vested by state law in other departments of the state
government, and such other welfare activities or services as may be vested in it.
NOTE: Paragraph (2) as repealed by Acts 2025, No. 477, eff. Oct. 1, 2027.
(2) Repealed by Acts 2025, No. 477, §18, eff. Oct. 1, 2027.
(3) Provide services to parish governments including the organization and
supervision of parish offices for the effective administration of welfare functions, and carry
on such research and compile such information as it shall consider necessary, having in mind
the purposes of this Chapter and its administration throughout the state.
(4) Establish adequate standards for personnel employed in the state, regional, or
parish offices and make necessary rules and regulations to maintain such standards as
follows:
(a) Fix minimum standards of service and personnel based upon education, training,
previous experience, and general efficiency which must be attained by persons appointed to
the position to be filled in the state, regional, and parish offices.
(b) Establish a merit system covering all state and parish personnel engaged in the
administration of this Chapter; provided that: (i) the provisions of this Subsection shall have
no force and effect so long as any general merit system of personnel administration in the
civil service of this state continues in effective operation by law and so long as standards
promulgated by federal agencies under the Social Security Act, as amended, are met; and (ii)
any merit system status acquired by employees under a merit system established under the
provisions of this Section and appointments made and registers established under such
systems are recognized by the state agency administering the general merit system of
personnel administration in the civil service of the state.
(5) Assist other departments, agencies, and institutions of the state and federal
governments, when so requested, by performing services in conformity with the purposes of
this Chapter.
(6) Act as the agent of the state to cooperate with the federal government in welfare
matters of mutual concern and in the administration of any federal funds granted in the state
to aid in the furtherance of any functions of the department, and be empowered to meet such
federal standards as may be established for the administration of such federal funds.
(7) Designate parish offices under rules and regulations prescribed by the department
to serve as its agent in performance of all welfare activities in the parish.
(8) Administer and supervise all public child welfare activities relating to children
who are dependent, neglected, delinquent, or have physical, intellectual, or mental
disabilities; establish, extend, and strengthen services for such children in parish or regional
offices; license and supervise all parish, municipal, and private agencies, institutions, and
individuals, caring for children, including visitorial powers, under the rules and regulations
of the department; contract with private individuals to hold their homes open for and to care
for children in need of temporary or long time foster care and provide such other services for
children as may be authorized by law.
(9) Administer such federal, state, parish, municipal, or private funds as may be
made available for welfare purposes.
(10) Administer all public assistance funds and child welfare funds, and estimate the
moneys to be credited to the assistance fund from state and federal sources for the ensuing
fiscal year and allocate the total amount estimated to be available.
(11) Whenever and wherever practicable to enter into reciprocal agreements with
welfare agencies from other states relative to the provisions of public assistance to residents
and nonresidents and cooperate with such states and with any authorized agencies of the
federal government in providing such aid provided such agreements are approved by the
attorney general.
(12) Administer such additional welfare functions as are hereby or may hereafter be
vested in it by laws.
(13) Administer or supervise all state institutions and agencies providing services or
care for persons who are dependent, delinquent, or have physical, intellectual, or mental
disabilities, where the administrative or supervisory authority is specifically transferred to
the department in accordance with law.
NOTE: Paragraph (14) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
(14) Construct and operate state supported detention facilities, and reception,
diagnostic, and treatment centers for children who are found by the courts to be in need of
care or treatment in these types of facilities. Nothing contained in this Section shall be
construed as preventing any parish or municipality from continuing to operate its own
facilities, or from subsequently constructing and operating its own facilities for the care of
children.
NOTE: Paragraph (14) as repealed by Acts 2025, No. 477, eff. Oct. 1, 2027.
(14) Repealed by Acts 2025, No. 477, §18, eff. Oct. 1, 2027.
(15) Establish child protection centers wherever they are practical throughout the
state; provide the necessary staff; coordinate the funding of said centers from federal, state,
parish, municipal, or private funds as they become available; administer child protection
centers for the care, treatment, and protection of abused children, and establish rules and
regulations to further the said protection centers. When such centers are established, they
shall provide protection and emergency care, investigation, treatment, and rehabilitation of
children and parents, education programs, record keeping, research, and consultation and
shall develop programs for volunteer participation and seek long-range solutions for child
abuse.
(16) Make care coordination and advocacy services available for child victims of
child sex trafficking as follows:
(a) Care coordination services may include emergency and ongoing multidisciplinary
coordination and service planning with key agencies to address medical, psychological,
safety, housing, and other emergency and long-term needs of the child and the investigative
needs of law enforcement.
(b) Based on the needs of the child and the child's family, advocacy services may
include:
(i) Face-to-face visits to include emotional support.
(ii) Development, implementation, and updates to safety plans.
(iii) Communication and advocacy on the child's behalf with care coordinators.
(iv) Assistance with referrals and implementation of services.
(v) Twenty-four hour on-call crisis assistance to respond to the needs of the child.
(vi) Assistance with transportation and other physical needs.
(vii) Support work with the family to develop safety procedures based on the particular
situation and the child's needs.
(viii) Education on how to monitor and address the child's internet access, messaging,
and telephone contacts.

Legislative History

Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2010, No. 939, §8, eff. July 1, 2010; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2022, No. 662, §2, eff. Jan. 1, 2023; Acts 2025, No. 477, §§15, 18, eff. Oct. 1, 2027.