2016 Louisiana Laws
Revised Statutes
TITLE 36 - Organization of the Executive Branch
RS 36:474 - Powers and duties of the secretary of the Department of Children and Family Services

§474. Powers and duties of the secretary of the Department of Children and Family Services

            A. In addition to the functions, powers, and duties otherwise vested in the secretary by law, he shall:

            (1) Represent the public interest in the administration of this Chapter and shall be responsible to the governor, the legislature, and the public therefor.

            (2) Determine the policies of the department, except as otherwise provided by this Title. For this purpose, he shall conduct such studies and investigations as are necessary for the formulation of programs, plans, department procedures, rules and regulations, or for the implementation of remedial actions.

            (3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.

            (4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.

            (5) Advise the governor on problems concerning the administration of the department.

            (6) Act as the sole agent of the state or, in necessary cases, designate one of the offices within the department or its assistant secretary, to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department or its offices. For this purpose he may take such actions, in accordance with any applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in Subsection G of this Section, in this Title, or by the constitution and laws of this state.

            (7) Make and publish an annual report to the governor and the legislature concerning the operations of the department and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department, and make other reports and recommendations on his own initiative or upon the request of the governor, the legislature, or any committee or member thereof.

            (8) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and when deemed necessary submit a report thereon to the governor and the legislature, which report shall accompany the budget statement which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of needed reorganization and consolidation plans for the department for the next year and shall include a report on the implementation of needed reorganization and consolidation plan for the previous year. Any report concerning reorganization shall specifically detail the extent to which the department has achieved any goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action under the provisions of this Title. A copy of the report and recommended legislation shall also be submitted by the secretary to the presiding officer of both houses of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.

            (9) Conduct hearings and pass upon complaints that may be made in relation to the administration of this Chapter; provided, however, that the secretary shall have the authority to delegate this authority to one of the offices of the department or to one of the agencies therein.

            (10) Repealed by Acts 2009, No. 400, §3, July 7, 2009.

            (11) Except as provided in Subsection G of this Section, prepare and submit a state plan for participation in the Child Care and Development Block Grant Program until such authority is transferred to the state Department of Education in accordance with R.S. 17:407.28, and in the Title IV-A federal program to assist families at risk of welfare dependency. The secretary shall ensure that the Child Care and Development Fund plan of this state conforms with the requirements of the Improving Access to Child Care for Homeless Louisiana Families Act, R.S. 46:1443 et seq. The House Committee on Health and Welfare and the Senate Committee on Health and Welfare, jointly, shall serve as an advisory committee to the secretary to begin developing the state plan.

            (12) Be responsible for management and program analysis and policy planning and evaluation for the department and all of its offices, including all agencies transferred to the department.

            (13)(a) On an annual basis, provide all of the following information to the legislature no later than fifteen days prior to the convening of each regular session:

            (i) A full organizational chart for the department which is current as of the date of submission to the legislature and which shows each staff position, whether filled or vacant, that comprises the department.

            (ii) The current salary of the person occupying each filled position shown on the organizational chart.

            (b) The secretary may submit the report required by this Paragraph in electronic format and is further authorized, but is not required, to submit the report at the time of submission of the annual report required by Paragraph (7) of this Subsection.

            B. The secretary shall have authority to:

            (1)(a) Except as otherwise specifically provided in R.S. 36:801 and 802.9:

            (i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the department and the performance of its powers, duties, functions, and responsibilities and such other personnel as may be necessary for the efficient administration and the performance of the responsibilities, powers, duties, and functions of agencies transferred to it;

            (ii) Employ, assign, and remove all personnel employed for the department on a contractual basis, and

            (iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.

            (b) All of the above are to be accomplished in accordance with applicable civil service law, rules, and regulations, and with policies and rules of the Department of Children and Family Services, and all are subject to budgetary control and applicable laws.

            (2) Appoint, subject to gubernatorial approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or by executive order.

            (3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.

            (4) Formulate and promulgate rules of administration for the department relating to employment and management.

            (5) Act as legal custodian of any child placed with the department by a court of law.

            (6) Grant rights of way, servitudes, and easements across state-owned lands under his jurisdiction to other public bodies either state or local, for any public purpose. The secretary shall also have authority to grant rights of way, servitudes, and easements across state lands under his jurisdiction to any other person or entity for the purpose of laying pipelines, gas lines, water lines and for the transmission of electricity for power and light, and also for telephone and telegraph lines, for railroad lines or tracks, for road construction, and for drainage purposes, and to enter into the necessary contracts therefor, which shall provide for the payment of an adequate consideration. Such payment, in order to be considered as adequate consideration, shall be based on payments made for other comparable contracts in the vicinity, when available, providing compensation for rights of way, servitudes, and easements, and for damages relative thereto.

            (7) Do such other things, not inconsistent with law, as are necessary to properly perform the functions vested in him.

            C. The secretary shall have no power to buy and sell lands, incur debt or issue bonds, or to lease or mortgage property under his control except as may be provided by the general laws of the state or as hereafter specifically conferred by law upon him.

            D. Repealed by Acts 1988, No. 773, §3, eff. July 17, 1988.

            E. Repealed by Acts 2010, No. 877, §2, eff. July 1, 2010.

            F. Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.

            G.(1) Not later than March 31, 1996, the secretary shall submit to the legislature a proposal for another welfare reform program in this state. The program shall provide for a replacement, by July 1, 1999, of the public assistance program, the Aid to Families with Dependent Children program, and to the extent that recipients of food coupons under the food stamp program also receive Aid to Families with Dependent Children or public assistance, the food stamp program under 7 U.S.C. 2011 to 2029. The program shall provide for the continuation of the food stamp program for food stamp recipients who are not recipients of Aid to Families with Dependent Children or public assistance. The program shall also meet the following requirements:

            (a) The program shall offer basic income support to low-income persons who cannot work.

            (b) The program shall offer employment opportunities to low-income persons who can work, but who cannot find employment. These employment opportunities may not supplant existing employees.

            (c) The program shall be approved by a majority of both houses of the legislature.

            (2) Notwithstanding any provision of law to the contrary, the department and the state shall not administer public assistance, Aid to Families with Dependent Children, or food stamps after July 1, 1999, except as provided under a welfare reform program adopted by the legislature as provided in this Subsection, provided such a program is adopted by the legislature.

            Acts 1988, 1st Ex. Sess., No. 1, §2, eff. Mar. 28, 1988; Acts 1988, No. 773, §3, eff. July 17, 1988; Acts 1989, No. 89, §2, eff. June 16, 1989; Acts 1989, No. 141, §1, eff. June 22, 1989; Acts 1990, No. 351, §1, eff. July 10, 1990; Acts 1991, No. 898, §1; Acts 1995, No. 1219, §2, eff. June 29, 1995; Acts 2007, No. 166, §1, eff. June 27, 2007; Acts 2008, No. 314, §1, eff. June 17, 2008; Acts 2009, No. 400, §3, eff. July 7, 2009; Acts 2010, No. 877, §§1, 2, eff. July 1, 2010; Acts 2010, No. 939, §11, eff. July 1, 2010; Acts 2012, No. 811, §11, eff. July 1, 2012; Acts 2014, No. 787, §1, eff. June 19, 2014; Acts 2014, No. 868, §4, eff. Oct. 1, 2014; Acts 2016, No. 557, §2.