Terms Used In Louisiana Revised Statutes 46:114.4

  • Department: means the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.

A.  The Fraud Detection Fund, hereinafter referred to as the “fund”, is hereby created in the state treasury as a special fund.

B.  All money recovered through fraud detection shall be deposited into the state treasury after reimbursement of the federal funding agency’s share.

C.(1)  After compliance with the requirements of La. Const. Art. VII, § 9(B) relative to the Bond Security and Redemption Fund, and prior to monies being placed in the state general fund, the following amounts shall be credited to the fund:

(a)  An amount equal to that deposited as required by Subsection B of this Section.

(b)  An amount equal to that deposited in accordance with La. Rev. Stat. 46:231.14(G).

(2)  The monies in this fund shall be used solely as provided by Subsection D of this Section and only in the amounts appropriated by the legislature.  The monies in this fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of these monies shall be credited to this fund, again, following compliance with the requirement of La. Const. Art. VII, § 9(B) relative to the Bond Security and Redemption Fund.

D.  The monies in the fund may be appropriated by the legislature to the office of children and family services of the Department of Children and Family Services for the enhancement of fraud detection and recovery activities in an amount not to exceed the balance on hand in the fund at the end of the previous calendar year.  These funds shall not be used to replace, displace, or supplant state general funds appropriated for daily operation of any regional fraud detection activities of the office of children and family services.

E.  All unexpended and unencumbered monies in the fund at the end of each fiscal year shall remain in the fund to the credit of the office of children and family services.

Acts 1990, No. 698, §1; Acts 1992, No. 773, §1, eff. July 7, 1992; Acts 2001, No. 1182, §6, eff. July 1, 2001; Acts 2014, No. 842, §1, eff. June 23, 2014.

NOTE:  See Acts 2003, No. 560, §10.