Department of Social Services
Office of Family Support
The Department of Social Services, Office of Family Support, has exercised the emergency provision of R.S. 49:953(B), the Administrative Procedure Act, to adopt LAC 67:III, Subpart 15, Chapter 55, §5569, Alternatives to Abortion Services Program and §5583, Children's Defense Fund Freedom Schools as new TANF Initiatives and to amend §5549, OCS Child Welfare Programs. This Emergency Rule effective September 29, 2006, will remain in effect for a period of 120 days. This declaration is necessary to extend the original Emergency Rule effective June 1, 2006, since it is effective for a maximum of 120 days and will expire before the final rule takes effect. (The final Rule will be published in the November 2006 issue.)
As a result of Act 1 of the 2004 Legislative Session, the agency repealed several TANF Initiatives including Alternatives to Abortion effective September 2004, as funding for the program was no longer available. Pursuant to Act 16 of the 2005 Regular Session of the Louisiana Legislature, the agency is adopting the Children's Defense Fund Freedom Schools and re-establishing Alternatives to Abortion Services Program as funds have once again been appropriated for this initiative. The agency is also amending §5549, OCS Child Welfare Programs to remove reference to Maintenance of Effort funds as monies for this program will now consist of federal funds only.
The authorization for emergency action in this matter is contained in Act 16 of the 2005 Regular Session of the Louisiana Legislature.
Title 67
SOCIAL SERVICES
Part III. Office of Family Support
Subpart 15. Temporary Assistance to Needy Families (TANF) Initiatives
Chapter 55. TANF Initiatives
§5549. OCS Child Welfare Programs
Effective April 12, 2002
A. OFS shall enter into a Memorandum of Understanding with the Office of Community Services (OCS), the state child welfare agency, for collaboration in identifying and serving children in needy families who are at risk of abuse or neglect. The methods of collaboration include:
A.1. - B. ...
C. Financial eligibility is limited to needy families which include a minor child living with a custodial parent or an adult caretaker relative. A needy family is a family in which any member receives a Family Independence Temporary Assistance Program (FITAP) grant, Kinship Care Subsidy Program (KCSP) grant, Food Stamps, Child Care Assistance Program (CCAP) benefits, Medicaid, Louisiana Children's Health Insurance Program (LaCHIP), or Supplemental Security Income (SSI).
D. ...
AUTHORITY NOTE: Promulgated in accordance with 42 USC 601 et seq.; R.S. 46:231 and R.S. 36:474; Act 16, 2005 Reg. Session.
HISTORICAL NOTE: Promulgated by the Department of Social Services, Office of Family Support, LR:2374 (November 2002), amended LR 31:486 (February 2005), LR 32:
§5569. Alternatives to Abortion Services Program
A. Effective June 1, 2006, the Office of Family Support shall enter into contracts with public agencies, non-profit organizations, or for-profit organizations to provide intervention services including crisis intervention, counseling, mentoring, support services, and pre-natal care information, in addition to information and referrals regarding healthy childbirth, adoption, and parenting to help ensure healthy and full-term pregnancies as an alternative to abortion.
B. These services meet the TANF goals to provide assistance to needy families so children may be cared for in their own homes or in the homes of relatives and to encourage the formation and maintenance of two-parent families by providing pregnancy and parenting support to low-income women, their male partners, and families who are experiencing an unplanned pregnancy.
C. Eligibility for services is limited to pregnant women, their male partners, and/or pregnant minors whose family's income is at or below 200 percent of the federal poverty level.
D. Services are considered non-assistance by the agency.
AUTHORITY NOTE: Promulgated in accordance with 42 U.S.C. 601 et seq.; R.S. 46:231 and R.S. 36:474; Act 16, 2005 Reg. Session.
HISTORICAL NOTE: Promulgated by the Department of Social Services, Office of Family Support, LR 32:
§5583. Children's Defense Fund Freedom Schools
A. Effective June 1, 2006, the agency shall enter into contracts to create supportive, nurturing, literature-rich environments for children ages 5 to 18 years of age by focusing on literacy, cultural heritage, parental involvement, servant-leadership, and social action. The Freedom Schools program connects the needs of children and their families with the resources of the community.
B. These services meet the TANF goal to prevent and reduce out-of-wedlock pregnancies.
C. Eligibility for services is not limited to needy families.
D. Services are considered non-assistance by the agency.
AUTHORITY NOTE: Promulgated in accordance with 42 U.S.C. 601 et seq.; R.S. 46:231 and R.S. 36:474; HB 1 2006 Reg. Session.
HISTORICAL NOTE: Promulgated by the Department of Social Services, Office of Family Support, LR 32:
Ann Silverberg Williamson
Secretary
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