| Request for an advisory opinion from Andrea Bryant, a Child Welfare Supervisor in the Foster Care Program with the Department of Children and Family Services ("DCFS"), relative to outside employment restrictions. |
|
Andrea Bryant is currently employed with DCFS as a Child Welfare Supervisor in the Child Welfare Program in Webster Parish. Ms. Bryant's duties are to supervise a unit of foster care caseworkers who service parents and caretakers of children in the custody of DCFS. While Ms. Bryant develops case plans that address safety, substance abuse and mental health, her duties do not include certifying foster homes as that task falls in another division of DCFS, namely, the Home Development Unit.
Ms. Bryant would like to work part-time for Guardian Angels Place, LLC, when not working for DCFS. Guardian Angels Place operates to certify foster homes for children in the custody of DCFS, Office of Juvenile Justice, homeless children, and/or children exposed to sex trafficking.
Ms. Bryant's duties with Guardian Angels Place would be to review and approve home studies of potential caretakers. Guardian Angels Place is regulated through the Licensing Division of DCFS, however as a non-profit corporation, it relies on grant funding and fundraising efforts to pay for foster care. Presently Guardian Angels Place does not contract with DCFS, however future contract agreements may be possible, but would be administered through the Licensing Division of DCFS which is separate and apart from the Child Welfare Program.
|
|
La. R.S. 42:1111C(2)(d) prohibits a public servant and any legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, from receiving any thing of economic value for services rendered from a person who has or is seeking to obtain contractual or other business or financial relationships with the public servant's agency.
La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
|
|
|
Adopt the proposed advisory opinion draft.
|
|
| Assigned Attorney: |
Greg Thibodeaux |
|
|