RS 46:236.1.8

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RS 46:236.1.8

§236.1.8. Family and child support programs; additional authorized employee actions

A. In cases in which the person responsible for the support of an individual agrees to support such individual, the department through the SES administrator may enter into a written agreement with that person to secure support for the individual. Such agreement shall designate the department as payee, may be enforced as an ordinary contract, and may provide for the legal rate of interest on any amounts due and not paid.

B. For purposes of initiating prosecutions under R.S. 14:74 for criminal neglect of family, the support enforcement officer handling a given support case may execute an affidavit alleging that offense pursuant to Code of Criminal Procedure Article 385, provided that the individual or his caretaker refuses to initiate such prosecution.

C. No department employee shall supervise or provide services to an individual as provided in R.S. 46:236.1.2(B) until the department has received an application for support services in that case and has received any application fee assessed.

NOTE: Subsection D eff. until Oct. 1, 2027. See Acts 2025, No. 477.

D. The support services authorized by this Subpart shall be provided by the office of children and family services, child support enforcement section. Field officers responsible for supplying these services shall be designated by the secretary. Such officers shall have the power and authority to make arrests, supervise the probation of offenders, serve notices, orders, subpoenas, summonses, citations, motions, and writs, and to execute all warrants and orders and to perform any other duties incident to their office.

All such officers are hereby authorized to carry weapons and arms, concealed or openly, while in the actual performance of any duty or while under assignment to any duty, but under no circumstances shall officers be authorized to carry weapons unless they have been trained in the proper carrying and use of firearms by a recognized firearm training program.

NOTE: Subsection D as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.

D. The support services authorized by this Subpart shall be provided by the office of child support. Field officers responsible for supplying these services shall be designated by the secretary. Such officers shall have the power and authority to make arrests, supervise the probation of offenders, serve notices, orders, subpoenas, summonses, citations, motions, and writs, and to execute all warrants and orders and to perform any other duties incident to their office. All such officers are hereby authorized to carry weapons and arms, concealed or openly, while in the actual performance of any duty or while under assignment to any duty, but under no circumstances shall officers be authorized to carry weapons unless they have been trained in the proper carrying and use of firearms by a recognized firearm training program.

E. In addition, department support personnel shall possess full notarial powers in connection with any document required in the course of providing services authorized by this Subpart, including but not limited to documents required under the Uniform Interstate Family Support Act (1996), Children's Code Articles 1301 et seq., and any documents necessary to secure warrants for criminal neglect of family (R.S. 14:74 et seq., and Children's Code Articles 1351 et seq.). Any documents passed, acknowledged, or sworn to and subscribed before department support personnel pursuant to this Subsection shall have the same force and effect as if taken before a duly commissioned notary public.

Support enforcement personnel employed by a district attorney's office providing support services pursuant to Title IV-D shall possess these same powers except the supervision of probationers.

Acts 2003, No. 1068, §2, eff. July 2, 2003; Acts 2006, No. 516, §1, eff. June 22, 2006; Acts 2012, No. 66, §1; Acts 2012, No. 255, §7; Acts 2025, No. 477, §15, eff. Oct. 1, 2027.