2016 Louisiana Laws
Revised Statutes
TITLE 46 - Public Welfare and Assistance
RS 46:237 - Kinship Care Subsidy Program

§237. Kinship Care Subsidy Program

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.

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(4)(a).

(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. Disqualification. Any kinship caregiver convicted of a felony of possession, use, or distribution of a controlled substance as defined in 21 U.S.C. 802(6) of the Controlled Substances Act shall be disqualified from applying for a subsidy under this Section for one year from the date of conviction, or if incarcerated, for one year from the date of release from incarceration.

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.

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.

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.