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Advisory opinion regarding whether Eliska Brooks can be a part owner with her sister or whether her sister can be a sole owner of a day care that accepts assistance from the Childcare Assistance Program (CCAP) administered by the Louisiana Department of Children and Family Services (DCFS) while Eliska Brooks is employed with DCFS. |
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Eliska Brooks is employed with the Economic Stability Section of DCFS. This department is separate from the Licensing Department, which is responsible for the licensing and inspection of daycares. The Economic Stability Section does accept applications from families seeking Snap, Kinship, Childcare and Step/Fitap benefits. Parents determine which state certified childcare center they want to place their children, then the parents complete an application for Childcare Assistance Payments. The application is given to a childcare worker in the Economic Stability Section to determine eligibility for financial assistance based on policies. The case is certified and payments are set up to be sent to the childcare providers. Currently, there are two childcare workers in the Economic Stability Section. Ms. Brooks does not process Childcare Assistance Payments, she processes Snap, Kinship and Fitap benefits.
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La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1112A prohibits a public servant from participating in a transaction involving his governmental entity in which he has a substantial economic interest.
La. R.S. 42:1112B(3) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
La. R.S. 42:1112B(1) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any member of his immediate family has a substantial economic interest.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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