Louisiana Revised Statutes 46:2148 – State domestic violence coalition; appeal hearing prior to disciplinary action; notification requirements; mandatory representation
Terms Used In Louisiana Revised Statutes 46:2148
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Department: means the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
A. The state domestic violence coalition of Louisiana shall not take any action against a member of the coalition or domestic violence services provider that would adversely affect the member’s or provider’s ability to furnish shelter or supportive services to the victims of domestic abuse and their families in Louisiana unless all of the following conditions are satisfied:
(1) No less than thirty days prior to the disciplinary action being imposed, the state domestic violence coalition provided to the member or domestic violence services provider written notice containing a description of the proposed disciplinary action, the facts setting forth the basis for the proposed disciplinary action, and a statement that the member or provider has the right to request an appeal hearing before the state domestic violence coalition.
(2) If the member or domestic violence services provider requested an appeal hearing, the state domestic violence coalition gave the member or provider written notice of the scheduled appeal hearing and the opportunity to present arguments or evidence in support of the member’s or provider’s position.
B.(1) No later than forty-eight hours after any disciplinary action is taken by the coalition against any member of the coalition or domestic violence services provider, the state domestic violence coalition of Louisiana shall give written notice to the Department of Children and Family Services, the House and Senate committees on health and welfare, and the representative and senator for any district for which the member or provider renders services.
(2) The written notification required by this Section shall contain, at a minimum, a description of the disciplinary action and the facts setting forth the basis for the disciplinary action. However, the written notification and any other disclosure shall not contain any privileged communications or records and shall be communicated to the parties listed in Paragraph (1) of this Subsection in strict compliance with the provisions of La. Rev. Stat. 46:2124.1.
C. For the purposes of this Section, “shelter”, “state domestic violence coalition”, and “supportive services” have the same meaning assigned in 42 U.S.C. § 10402.
Acts 2015, No. 328, §1.