§1906. Delinquents and children in need of services; custody, supervision, services

A. With respect to children who have been adjudicated delinquent or in need of services in a Families in Need of Services case, by a court of competent jurisdiction and in addition to the provisions of R.S. 46:1905, the department shall:

(1) Accept legal custody on the day of disposition of all children placed in its custody by the court pursuant to the applicable provisions of the Louisiana Children's Code and Part I of Chapter 6 of Title 13; and

(2) Provide services pursuant to this Chapter over such children as are placed on probation or determined to be in need of services in a Families in Need of Services case by the court pursuant to the applicable provisions of the Louisiana Children's Code, Part I of Chapter 6 of Title 13, and Chapter 11 of this Title.

B.(1) Subject to appropriation, the department shall pay to any nonstate-owned facility for feeding and maintaining each child who is adjudicated delinquent or in need of services in a Families in Need of Services case and committed to the department by a court to be held in a nonsecure environment, and who is held in such nonsecure facility due to the inability of the department to place the child, the same daily amount as is paid by the department for keeping and feeding individuals committed to the department and confined in local or parish jails.

(2) Subject to appropriation, the department shall pay to any nonstate-owned facility for feeding and maintaining each child who is adjudicated delinquent and committed to the department by a court to be held in a secure environment, and who is held in such a secure facility for any reason, an amount equal to ninety percent of the current weighted average of the amount paid state detention facilities, determined to be $96.43 for the year 2001, to be adjusted yearly on July first, pursuant to the Consumer Price Index.

(3) Subject to appropriation, each nonstate-owned facility shall file a monthly report with the department and shall be paid for the charges set forth in the provisions of this Subsection on a monthly basis by the department.

(4) No local governing authority shall be required to pay any nonstate-owned facility for feeding and maintaining any child who has been adjudicated delinquent or in need of services in a Families in Need of Services case and placed in the department's custody.

(5) Nothing herein shall be construed as preventing the department from entering into agreements with nonstate-owned facilities or preventing local governing authorities from selecting payment amounts or procedures different from the provisions contained in this Section.

C. With respect to children between the ages of twelve and nineteen who have been placed in the custody of the local juvenile detention facility, each child shall be immunized with the Hepatitis B vaccine during the intake process at any state or nonstate owned facility. The Vaccines for Children Program through the office of public health shall be responsible for providing and dispensing the Hepatitis B vaccine to each facility as provided for in R.S. 46:977. The office of public health shall utilize the Louisiana Immunization Network for Kids (LINKS) to track the Hepatitis B vaccination, as well as all other vaccinations given to juveniles while in the custody of local juvenile detention facilities. Detainees released before completion of the series of three immunizations shall be referred to health units or other providers for completion of the series of doses.

Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1984, No. 567, §9, eff. Jan. 1, 1985; Acts 1987, No. 171, §1; Acts 2001, No. 1018, §1, eff. June 27, 2001; Acts 2004, No. 624, §1.