Title 46, Public Welfare and Assistance
0 chapters · 1,238 sections in this title.
La. Rev. Stat. § 46:1994 Repealed by Acts 2022, No
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§1994. Repealed by Acts 2022, No. 252, §4.
La. Rev. Stat. § 46:1995 Repealed by Acts 2022, No
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§1995. Repealed by Acts 2022, No. 252, §4.
La. Rev. Stat. § 46:1996 Repealed by Acts 2022, No
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§1996. Repealed by Acts 2022, No. 252, §4.
La. Rev. Stat. § 46:2 Administration of oaths
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§2. Administration of oaths A. Employees of the office of children and family services of the Department of Children and Family Services and employees of the parish or district offices of the department, including the New Orleans Department of Health, may administer oaths and pas…
La. Rev. Stat. § 46:2101 Repealed by Acts 2010, No
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§2101. Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
La. Rev. Stat. § 46:2102 Repealed by Acts 2010, No
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§2102. Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
La. Rev. Stat. § 46:2103 Repealed by Acts 2010, No
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§2103. Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
La. Rev. Stat. § 46:2104 Repealed by Acts 2010, No
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§2104. Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
La. Rev. Stat. § 46:2105 Repealed by Acts 2010, No
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§2105. Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
La. Rev. Stat. § 46:2106 Repealed by Acts 2010, No
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§2106. Repealed by Acts 2010, No. 939, §11, eff. July 1, 2010.
La. Rev. Stat. § 46:2111 Repealed by Acts 2014, No
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§2111. Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
La. Rev. Stat. § 46:2112 Repealed by Acts 2014, No
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§2112. Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
La. Rev. Stat. § 46:2113 Repealed by Acts 2014, No
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§2113. Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
La. Rev. Stat. § 46:2114 Repealed by Acts 2014, No
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§2114. Repealed by Acts 2014, No. 811, §34, eff. June 23, 2014.
La. Rev. Stat. § 46:2115 Repealed by Acts 1989, No
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§2115. Repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.
La. Rev. Stat. § 46:2116 Purpose
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§2116. Purpose A. The Legislature of Louisiana recognizes the right of people with significant disabilities to lead independent and productive lives. B. The legislature further recognizes that persons with significant disabilities require personal assistance to meet tasks of dail…
La. Rev. Stat. § 46:2116.1 Definitions
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§2116.1. Definitions As used in this Chapter, the following terms shall have the meaning ascribed to them in this Section, unless the context clearly requires otherwise: (1) "Department" means the Louisiana Department of Health. (2) "Person with significant disabilities" means a …
La. Rev. Stat. § 46:2116.2 State Personal Assistance Services Program; creation; eligibility requirements;
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§2116.2. State Personal Assistance Services Program; creation; eligibility requirements; evaluation A. State Personal Assistance Services Program is created in the Louisiana Department of Health and shall be administered by the office of aging and adult services in the department…
La. Rev. Stat. § 46:2116.3 Subsidy; eligibility; status
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§2116.3. Subsidy; eligibility; status A. The department, by rule, shall establish an eligibility standard and an evaluation process which takes into consideration the unique economic and social needs of persons with significant disabilities. B. The subsidy shall not be considered…
La. Rev. Stat. § 46:2116.4 Appeal procedure; judicial review
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§2116.4. Appeal procedure; judicial review Any person who is aggrieved by a decision of the department with regard to a request for provision of personal assistance services may appeal said decision within thirty days in accordance with the provisions of R.S. 46:107. Such appeal …
La. Rev. Stat. § 46:2116.5 Rules; program retroactive
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§2116.5. Rules; program retroactive A. The secretary of the department or his designee shall develop and maintain a state personal assistance policy plan which shall include but not be limited to the following: (1) Criteria for eligibility of a person with significant disabilitie…
La. Rev. Stat. § 46:2121 Statement of purpose
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§2121. Statement of purpose A. The legislature hereby finds and declares that there is a present and growing need to develop innovative strategies and services which will reduce and treat the trauma of family violence. Available studies documenting police statistics indicate that…
La. Rev. Stat. § 46:2121.1 Definitions
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§2121.1. Definitions As used in this Part: (1) "Family or household members" means spouses, former spouses, parents, children, stepparents, stepchildren, foster parents, and foster children. "Family or household members" also means grandparents or their grandchildren. (2) "Family…
La. Rev. Stat. § 46:2122 Program creation
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§2122. Program creation A. From federal funds, state funds, or funds made available from private or local sources for this purpose, the office of children and family services within the Department of Children and Family Services is hereby authorized to establish a family violence…
La. Rev. Stat. § 46:2123 Program functions; duties
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§2123. Program functions; duties The office of community services shall develop and administer the program to do the following: (1) Establish full-time, community-based, family-oriented shelters for the victims of family violence and their children. (2) Increase, improve, and coo…
La. Rev. Stat. § 46:2124 Community shelters; funding; services
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§2124. Community shelters; funding; services A. The office of community services shall seek to establish a limited number of community-based shelters and family-oriented shelters for victims of family or domestic violence. Such shelters may be developed on a contract basis with p…
La. Rev. Stat. § 46:2124.1 Privileged communications and records
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§2124.1. Privileged communications and records A. As used in this Section, the following terms shall have the following meanings: (1) "Community shelter" means a community shelter or other program established in accordance with R.S. 46:2124. (2) "Privileged communication" means a…
La. Rev. Stat. § 46:2125 Evaluation; reports
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§2125. Evaluation; reports A. Both the program created hereunder and the shelters it prescribes shall be evaluated by the House and Senate committees on health and welfare at the end of the first fiscal year of the program and at the end of each subsequent fiscal year during whic…
La. Rev. Stat. § 46:2126 Programs for victims of family violence; creation
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§2126. Programs for victims of family violence; creation A. In addition to the fees collected for issuance of marriage licenses under the provisions of R.S. 13:841 or R.S. 40:40, each clerk of court or other person or agency authorized to collect marriage license fees shall colle…
La. Rev. Stat. § 46:2127 Programs for victims of family violence; administration
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§2127. Programs for victims of family violence; administration A.(1) The office of women's services is authorized to allocate monies to local family violence programs. Allocation of such monies shall be such that the maximum allowable amount of monies available for distribution d…
La. Rev. Stat. § 46:2128 Eligibility requirements for local family violence programs
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§2128. Eligibility requirements for local family violence programs A. In order to receive monies, a program shall have the primary purpose of providing assistance to victims of family violence, be locally administered by a public or private nonprofit organization, and provide or …
La. Rev. Stat. § 46:2131 Purposes
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§2131. Purposes The purpose of this Part is to recognize and address the complex legal and social problems created by domestic violence. The legislature finds that existing laws which regulate the dissolution of marriage do not adequately address problems of protecting and assist…
La. Rev. Stat. § 46:2132 Definitions
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§2132. Definitions As used in this Part: (1) "Adult" means any person eighteen years of age or older, or any person under the age of eighteen who has been emancipated by marriage or otherwise. (2) "Court" shall mean any court of competent jurisdiction in the state of Louisiana. (…
La. Rev. Stat. § 46:2133 Jurisdiction; venue; standing
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§2133. Jurisdiction; venue; standing A. Any court in the state of Louisiana which is empowered to hear family or juvenile matters shall have jurisdiction over proceedings appropriate to it under this Part. B. Venue lies: (1) In the parish where the marital domicile is located or …
La. Rev. Stat. § 46:2134 Petition
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§2134. Petition A. A petition filed under the provisions of this Part shall contain the following: (1) The name of each petitioner and each person on whose behalf the petition is filed, and the name, address, and parish of residence of each individual alleged to have committed ab…
La. Rev. Stat. § 46:2135 Temporary restraining order
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§2135. Temporary restraining order A. Upon good cause shown in an ex parte proceeding, the court may enter a temporary restraining order, without bond, as it deems necessary to protect from abuse the petitioner, any minor children, or any person alleged to be an incompetent. Any …
La. Rev. Stat. § 46:2136 Protective orders; content; modification; service
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§2136. Protective orders; content; modification; service A. The court may grant any protective order or approve any consent agreement to bring about a cessation of domestic abuse as defined in R.S. 46:2132, or the threat or danger thereof, to a party, any minor children, or any p…
La. Rev. Stat. § 46:2136.1 Costs paid by abuser
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§2136.1. Costs paid by abuser A. Except as provided in Subsection B of this Section, all court costs, attorney fees, costs of enforcement and modification proceedings, costs of appeal, evaluation fees, and expert witness fees incurred in maintaining or defending any proceeding co…
La. Rev. Stat. § 46:2136.2 Louisiana Protective Order Registry
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§2136.2. Louisiana Protective Order Registry A. In order to provide a statewide registry for abuse prevention orders to protect victims and witnesses; to prevent domestic abuse, dating violence, stalking, sexual assault, and crimes of violence; and to aid law enforcement, prosecu…
La. Rev. Stat. § 46:2136.3 Prohibition on the possession of firearms by a person against whom a protective
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§2136.3. Prohibition on the possession of firearms by a person against whom a protective order is issued A. Any person against whom the court has issued a permanent injunction or a protective order pursuant to a court-approved consent agreement or pursuant to the provisions of R.…
La. Rev. Stat. § 46:2137 Repealed by Acts 2018, No
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§2137. Repealed by Acts 2018, No. 367, §4, eff. Oct. 1, 2018.
La. Rev. Stat. § 46:2138 Assistance; clerk of court; domestic abuse advocate
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§2138. Assistance; clerk of court; domestic abuse advocate A. The clerk of court shall make forms available for making application for protective orders under this Part, provide clerical assistance to the petitioner when necessary, advise indigent applicants of the availability o…
La. Rev. Stat. § 46:2139 Other relief not affected
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§2139. Other relief not affected The granting of any relief authorized under this Part shall not preclude any other relief authorized by law. Added by Acts 1982, No. 782, §2.
La. Rev. Stat. § 46:2140 Law enforcement officers; duties
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§2140. Law enforcement officers; duties A. If a law enforcement officer has reason to believe that a family or household member or dating partner has been abused and the abusing party is in violation of a temporary restraining order, a preliminary or permanent injunction, or a pr…
La. Rev. Stat. § 46:2141 Reporting
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§2141. Reporting Whenever a law enforcement officer investigates an allegation of domestic abuse, whether or not an arrest is made, the officer shall make a written report of the alleged incident, including a statement of the complainant, and the disposition of the case. Acts 198…
La. Rev. Stat. § 46:2142 Immunity
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§2142. Immunity Any law enforcement officer reporting in good faith, exercising due care in the making of an arrest or providing assistance pursuant to the provisions of R.S. 46:2140 and 2141 shall have immunity from any civil liability that otherwise might be incurred or imposed…
La. Rev. Stat. § 46:2143 Use of electronic monitoring of offenders; pilot program
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§2143. Use of electronic monitoring of offenders; pilot program A. When a court issues any peace bond, temporary restraining order, protective order, preliminary injunction, permanent injunction or court-approved consent agreements pursuant to R.S. 46:2131 et seq., R.S. 9:361 et …
La. Rev. Stat. § 46:2145 Creation; purpose and duties of the commission
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§2145. Creation; purpose and duties of the commission A. The Domestic Violence Prevention Commission is hereby created within the Department of Children and Family Services. B. The commission shall: (1) Assist local and state leaders in developing and coordinating domestic violen…
La. Rev. Stat. § 46:2146 Composition of the commission
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§2146. Composition of the commission A. The commission shall be composed of twenty members as follows: (1) Eighteen of the commission members shall be the following: (a) The executive director of the Louisiana Sheriffs' Association or his designee. (b) The executive director of t…
La. Rev. Stat. § 46:2147 Meetings
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§2147. Meetings A. The commission shall hold public meetings quarterly except as otherwise provided by vote of the commission or by order of the chairman. B. A simple majority of the commission membership shall constitute a quorum for the transaction of business. C. The commissio…