2011 Louisiana Laws
Revised Statutes
TITLE 46 — Public welfare and assistance
RS 46:51 — Duties of the department

CHAPTER 2. DEPARTMENT OF CHILDREN AND FAMILY SERVICES

PART I. ORGANIZATION

§51. Duties of the department

The Department of Children and Family Services, through its secretary, shall administer the public assistance and 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.

(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.

(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 physically or mentally handicapped; 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 physically or mentally handicapped or retarded, where the administrative or supervisory authority is specifically transferred to the department in accordance with law.

(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.

(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.

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.