reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1110. Repayment not required

RS 46:1110 - Repayment not required
No payment on the principal of the scholarship, or the interest thereon shall be required while the recipient is enrolled in medical school, or engaged in internship or residency.
Added by Acts 1976, No. 130, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1111. Suit for default

RS 46:1111 - Suit for default
Upon default of payment of the scholarship as provided herein the board shall turn the matter over to the attorney general or any parish or district attorney acting for the board for prosecution and suit for the amount due, in the parish of the domicile of the recipient, the parish in which the medical school at which the recipient was last enrolled is located, or the parish of East Baton Rouge.
Added by Acts 1976, No. 130, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1131. Parish hospitals and hospital service districts; nursing and allied health scholarship program; establishment; administration; funding

RS 46:1131 - Parish hospitals and hospital service districts; nursing and allied health scholarship program; establishment; administration; funding
A. The board of commissioners of each hospital or hospital service district, hereinafter referred to as the board or the board of commissioners, is authorized to establish and administer a scholarship program for the purpose of increasing the educational opportunities available to nursing and allied health students who will practice in an area of the hospital district approved by the board of commissioners. Each board which establishes a program may award scholarships to individuals who are admitted or engaged in the study of nursing or allied health at an accredited school of nursing or allied health and who contract to practice nursing or an allied health profession in the district or parish, as provided in this Chapter. Each scholarship shall be awarded for the purpose of defraying the costs of tuition, fees, and other related expenses and cost for attendance at nursing or allied health school. The board may, at any time and in its discretion, determine not to grant a scholarship under the program.
B. The provisions of this Chapter shall apply solely to monies generated by the respective boards through their facilities, and upon the initiation of such a program, the program shall become a part of the annual hospital budget.
C. For the purpose of this Chapter, the following definitions shall apply:
(1) "Allied health" means any generally recognized medical profession or vocation including but not limited to occupational, respiratory, vocational, physical, and other therapies; medical, radiologic, and other technologists; pharmacists, social workers, athletic trainers, and other similar professions and vocations.
(2) "Nursing" means nursing as practiced by an individual who has graduated from an accredited school of nursing, passed the licensing examination, and been issued a license to practice as a registered nurse in this state by the Louisiana State Board of Nursing or a license to practice as a practical nurse in this state by the Louisiana State Board of Practical Nurse Examiners.
Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1132. Scholarships; amount; number

RS 46:1132 - Scholarships; amount; number
Each board desiring to award scholarships shall establish a policy setting out the maximum amount and number. This policy may be amended by the board as necessary. The number of scholarships granted and the amount of each scholarship granted pursuant to this Chapter shall not exceed the number and amount set forth in the policy.
Acts 1988, No. 54, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1133. Eligibility for scholarships

RS 46:1133 - Eligibility for scholarships
Any individual who is admitted to or is engaged in the study of nursing or allied health at an accredited school of nursing or allied health located in the United States and who intends to practice nursing or allied health in an area of the parish hospital or hospital service district where there is a shortage of nurses or allied health professionals shall be eligible to apply for a scholarship in accordance with the provisions of this Chapter. The application shall be in writing and in the form as the board may require. It shall contain the written statement of the applicant that the applicant intends to practice nursing or an allied health profession in an area approved by the board of commissioners if the applicant is selected to receive the scholarship.
Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1134. Application consideration; evaluation

RS 46:1134 - Application consideration; evaluation
The board of commissioners or its designee shall receive, consider, evaluate, and allow or disallow all applications for scholarships made by eligible applicants. The board of commissioners or its designee shall conduct a full investigation of the ability and qualifications of each applicant. The board of commissioners shall provide that an affirmative action program for the selection of recipients be established which shall include that no discrimination occur on the basis of race, creed, sex, age, or ethnic origin. The board of commissioners shall establish and publish rules on the selection process of the recipient which shall preclude the appearance of and the possibility of nepotism. The board of commissioners shall notify each applicant selected to receive a scholarship of his selection and shall also notify the dean of the nursing school or office of financial assistance at the school where the student is registered.
Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1135. Funds disbursement for scholarships

RS 46:1135 - Funds disbursement for scholarships
Funds for the scholarship awarded pursuant to this Chapter shall be forwarded by the board of commissioners to the dean of the school of nursing or allied health to which the recipient has been admitted or is engaged in the study of nursing or allied health, upon the warrant of the dean or chief fiscal administrator for the amount fixed in the warrant, or shall be payable to the scholarship recipient designated on the warrant where applicable. All amounts paid by the board of commissioners shall be out of funds budgeted by the board for that purpose.
Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1136. Contract for scholarship; contingent

RS 46:1136 - Contract for scholarship; contingent
Any applicant selected by the board of commissioners to receive a scholarship shall enter into a contract with the board, which shall be deemed a contract formed within the state of Louisiana, agreeing to the terms and conditions upon which the scholarship shall be granted to the applicant. The contract shall include the terms and provisions as will execute the full purpose and intent of this scholarship program, including the purpose of providing nurses or allied health professionals who will practice within an area of the hospital district. The form of the contract shall be prepared and approved by the attorney general of this state. The president and chief executive officer, or equivalent, of the hospital or hospital service district shall sign the contract and the applicant shall sign it. The board shall preserve and maintain the contract until the terms are met or satisfied. A duplicate copy shall be transmitted to the applicant.
Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1137. Return to practice; area designated; notification

RS 46:1137 - Return to practice; area designated; notification
A. After the applicant has completed nursing or allied health school, the scholarship recipient shall return to the parish or hospital service district, as the case may be, to become a full-time nurse or allied health professional on the staff of the hospital service district or in an area designated by the board of commissioners prior to the return.
B. The board of commissioners shall inform the recipient of the designated area to be served by him one hundred twenty days prior to the date that the recipient is to commence practice in the area.
Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1138. Failure to comply; remittance; cancellation for death or permanent total disability

RS 46:1138 - Failure to comply; remittance; cancellation for death or permanent total disability
A. If the recipient fails to comply fully with any condition provided for in the contract, the recipient shall remit to the board of commissioners an amount which bears the same ratio to the aggregate of the amount of the scholarship awarded as the number of months that the recipient failed to comply bears to the number of months that the recipient was obligated to comply. The amount shall be computed together with interest at the legal rate. The interest shall be computed from the date on which the recipient completed professional training and active military service, if any. Repayment shall be completed within four years from the date at which the scholarship began to draw interest.
B. The permanent withdrawal or dismissal of a recipient from nursing or allied health school shall forfeit immediately the right of the recipient to retain the scholarship. The scholarship shall begin to bear interest at that time, and repayment shall be made to the board and completed within four years.
C. Any recipient of a scholarship who fails to return to the area designated by the board upon completion of his education and training shall begin repayment of the scholarship, with interest, within six months after completion of his education and training. Repayments shall be made to the board and completed within four years.
D. Any obligation to comply with the contract shall be cancelled upon the death of the recipient, upon receipt of a certified copy of the death certificate by the board, or upon the permanent and total disability of the recipient.
Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1140. Repayment not required

RS 46:1140 - Repayment not required
Should full-time positions not be available within the hospital service district and the hospital be unable to offer the scholarship recipient full-time employment within twelve months of completion of his training, the scholarship shall be considered paid in full. No payment on the principal of the scholarship, or the interest, shall be required while the recipient is enrolled in nursing or allied health school.
Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1141. Suit for default

RS 46:1141 - Suit for default
Upon default of payment of the scholarship, the board shall begin efforts to recoup any amount owed including but not limited to filing suit for the amount due. Venue for filing suit shall be proper in the parish of the domicile of the recipient, the parish in which the school at which the recipient was last enrolled is located, or the parish where the hospital service district is located.
Acts 1988, No. 54, §1; Acts 2023, No. 33, §1, eff. June 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1191. Legislative intent

RS 46:1191 - Legislative intent
It is the intent of the legislature to allow the governing authority of the parish or the governing authorities of parishes that are located within the Louisiana Department of Health's Region IV, upon their own initiative, to form and create a healthcare service district to support the provision of inpatient and outpatient healthcare services within the Louisiana Department of Health's Region IV.
Acts 2012, No. 857, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1192. Definitions

RS 46:1192 - Definitions
As used in this Chapter and unless the context clearly requires otherwise:
(1) "Department" means the Louisiana Department of Health.
(2) "District" means the healthcare service district authorized in this Chapter.
(3) "Governing board" means the governing board of the healthcare service district.
(4) "Secretary" means the secretary of the Louisiana Department of Health.
Acts 2012, No. 857, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1194. Purpose

RS 46:1194 - Purpose
The purpose of the healthcare service district and the governing board created pursuant to the provisions of this Chapter shall be:
(1) To identify local public sources of revenue or expenditure that may be used by the department as state match to draw down federal matching funds for the provision of healthcare services for the low-income and uninsured population of the district. Notwithstanding any other provision of law to the contrary, the district or governing board shall have no authority or governance of the hospital service districts and shall have no authority to collect or cause to be collected any hospital service district monies, funds, or assets.
(2) To participate, so far as circumstances may warrant, in any activity designed and conducted to promote the general health of the community.
(3) To promote and support graduate medical education activities in the respective communities.
(4) To cooperate with other institutions and agencies engaged in providing hospital and outpatient health services to residents of the district for the purpose of improving access to care for residents of the district.
Acts 2012, No. 857, §1; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1195. Powers and duties of governing board

RS 46:1195 - Powers and duties of governing board
A. In addition to the duties defined elsewhere in this Chapter, the governing board shall have the duty and authority:
(1) To represent the public interest in supporting healthcare services in the district.
(2) To advise on issues concerning the provision of healthcare services for the low-income and uninsured population of the district.
(3) To conduct public hearings and share public input on the community's priorities for the provision of healthcare services in the district.
(4) To appoint the necessary standing and special committees that may be necessary to carry out the purposes of this Chapter.
(5) To enter into contracts, agreements, or cooperative endeavors with the state and its political subdivisions and with any public or private association, corporation, business entity or person to promote the public purposes of the district.
B. The secretary of the department shall review each such agreement, including a plan for the use of state Medicaid and disproportionate share dollars. If the secretary finds that the agreement and plans are sufficient to support medical care for the low-income and uninsured population of the district and the funds are eligible for federal matching funds to be reimbursed, he shall verify that finding to the governing board.
C. The governing board shall collect or cause to be collected all public monies identified by the district as available for the purpose of serving as state match for federal matching funds to ensure the provision of healthcare services delivered for the low-income and uninsured population of the district.
D. The department shall make available for reimbursement these local and federally matched funds to the designated providers in the district to ensure the continued provision of healthcare services for the low-income and uninsured population of the district.
E. Neither the division of administration nor the department shall displace, replace, or supplant state appropriations from the state general fund or other state funds designated for the district.
F. The governing board shall submit any reports or information related to the healthcare service district to the secretary of the department or the Senate and House committees on health and welfare upon request of the secretary or the chairman of either committee.
Acts 2012, No. 857, §1; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1196. Governing board; membership; appointment; terms; compensation

RS 46:1196 - Governing board; membership; appointment; terms; compensation
A.(1) For a district created pursuant to this Chapter, the district shall be governed by a governing board.
(2) The governing board shall be comprised of the following members:
(a) The president of each parish governing authority within the department's Region IV, or his designee.
(b) The secretary of the Louisiana Department of Health, or his designee.
(c) The executive director of the Louisiana Hospital Association, or his designee.
(d) The executive director of the Greater Lafayette Chamber of Commerce, or his designee.
(e) The hospital administrator for University Medical Center, or his designee.
B. All appointees shall serve terms of three years. No board member shall serve more than two three-year consecutive terms.
C. A vacancy on a governing board shall be filled in the same manner as required for the original appointment.
D. Each governing board member shall serve without compensation but shall be reimbursed for expenses and mileage at the same rate set by the division of administration for state employees for each day in actual attendance at governing board meetings or for representing the governing board in an official governing board-approved activity.
E. The chairman shall be elected by a majority vote of the governing board. The term of the chairman shall be established under the governing board's bylaws.
F. The governing board shall adopt bylaws to provide for its governance within ninety days of being established. Such bylaws shall include but not be limited to:
(1) Procedures for the election of governing board officers, including terms of office and methods and grounds for removal. Governing board officers shall include, at a minimum, a chairman, treasurer, and secretary.
(2) Procedures and grounds for the removal of any governing board member. Grounds for removal shall include the conviction of a felony. Grounds for removal may include failure to meet board attendance requirements, as provided in the bylaws.
G. All governing board members of the district shall be subject to the Code of Governmental Ethics. No member of the governing board or of his immediate family shall own or have any interest in any public or private organization, business, company, or entity conducting business of any kind with the district. The prohibition provided for in this Subsection shall not prohibit members of the governing board from having contracts or employment agreements with healthcare institutions or organizations whose purpose is directly related to health care.
Acts 2012, No. 857, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1251. Juvenile probation; parole and intake services

RS 46:1251 - Juvenile probation; parole and intake services
A. The Department of Public Safety and Corrections shall provide a minimum basic juvenile probation and parole service to any court of the state with juvenile jurisdiction upon request of the court and may provide a minimum basic juvenile intake service to any district attorney of the state upon request of the district attorney.
B. The intake service provided hereunder shall be limited to examining and evaluating complaints that a child is a delinquent or is a child in need of supervision and advising the district attorney whether the best interests of the child would be served by the initiation of proceedings under the Children's Code, the signing of an informal adjustment agreement, referral to the Department of Children and Family Services, referral to a public or private agency for assistance, or any other legally permissible course of action. The personnel assigned to perform these duties shall not assume any prosecutorial functions except for the filing of a petition as authorized by the Children's Code.
Added by Acts 1952, No. 118, §1. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1982, No. 541, §1; Acts 1984, No. 567, §2, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1986, No. 332, §1; Acts 1991, No. 467, §3; Acts 2021, No. 158, §6.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1253. Duties

RS 46:1253 - Duties
It shall be the duty of the secretary of the Department of Public Safety and Corrections to:
(1) Define and set up a minimum basic juvenile probation and parole service to the courts and a minimum basic juvenile intake service to the district attorneys.
(2) Devise appropriate forms, develop policies and procedures, and to set up standards for the statewide services to be rendered to the courts and district attorneys upon request.
(3) Effect the purposes of this Chapter by long-range planning for the improvement of services rendered to the courts and district attorneys under the provisions thereof.
Added by Acts 1952, No. 118, §3. Amended by Acts 1972, No. 682, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1982, No. 541, §1; Acts 1984, No. 567, §2, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1986, No. 332, §1; Acts 1988, No. 607, §2, eff. July 14, 1988.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1255. Funds

RS 46:1255 - Funds
The Department of Public Safety and Corrections is hereby authorized to expend whatever funds that may be necessary to carry out the provisions of this Chapter.
Added by Acts 1952, No. 118, §5. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1984, No. 567, §2, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1988, No. 607, §2, eff. July 14, 1988.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1256. Additional personnel

RS 46:1256 - Additional personnel
Nothing in this Chapter shall be construed as preventing a court or district attorney from employing personnel in addition to that furnished by the Department of Public Safety and Corrections.
Added by Acts 1952, No. 118, §6. Amended by Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1982, No. 541, §1; Acts 1984, No. 567, §2, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1988, No. 607, §2, eff. July 14, 1988.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1258. Referrals from federal government

RS 46:1258 - Referrals from federal government
A.(1) The Department of Public Safety and Corrections shall serve as agent of the state in entering into agreements with the appropriate agency of the federal government to provide care and treatment for a child found by a federal court to be delinquent and committed to the custody of the attorney general of the United States pursuant to the provisions of 18 U.S.C. 5031 through 18 U.S.C. 5037.
(2) Any such agreement shall be upon such terms and conditions and shall provide for such compensation as may be mutually agreed upon between the department and the appropriate agency of the federal government.
B. Funds received as compensation under any such agreement shall be placed in the state treasury in a special fund to the credit of the department and shall be subject to withdrawal by the department for use by it in carrying out the purposes of this Chapter.
Acts 1984, No. 567, §7, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1988, No. 607, §2, eff. July 14, 1988.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1259. Restrictions on use of records

RS 46:1259 - Restrictions on use of records
A. With respect to any child for whom care and treatment services are either directly or indirectly provided by the department pursuant to this Chapter to a child alleged or found to be delinquent or in need of supervision, it shall be unlawful, except for purposes directly connected with the administration of this Chapter or upon the consent of such child or the attorney for such child, or upon the specific order of the court pursuant to the provisions of Code of Criminal Procedure Arts. 317.1 and 875 and R.S. 13:1564 through R.S. 13:1724 for any individual agency, organization, or facility to knowingly solicit, disclose, receive, or make use of, or authorize, permit, participate in, or acquiesce in the use of any information in or derived from such child's legal, social, medical, or psychological records, or obtained, directly or indirectly, from the records, papers, files, or communication by or to the department or any individual, agency, organization, or facility utilized by the department for the provision of such care and treatment services for such child.
B. Nothing in this Section shall prohibit the interchange of records, reports, or any other information among the various offices of the Department of Children and Family Services and the Louisiana Department of Health and among the various personnel thereof. Additionally, nothing in this Section shall prohibit any judge serving as judge of a juvenile court from access to all of the records of any child before that court.
Acts 1984, No. 567, §7, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1988, No. 607, §2, eff. July 14, 1988; H.C.R. No. 59, 1999 R.S.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1352. Definitions

RS 46:1352 - Definitions
In this Chapter:
(1) "Approved runaway and homeless youth residential program or facility" means any residential program or facility licensed by the division of licensing and certification of the Department of Children and Family Services as a child residential care provider including a community home, a group home, a residential home, an adult residential facility possessing a waiver for the housing of juveniles, or an emergency shelter.
(2) "Department" means the Department of Children and Family Services.
(3) "Director" means the administrator of an approved runaway and homeless youth facility or program.
(4) "Homeless youth" means a person under the age of twenty-one who is without a place of shelter where supervision and care are available.
(5) "Runaway youth" means a person under the age of eighteen years who is absent from his legal residence without the consent of his parent, guardian, or legal custodian.
(6) "Youth" means "runaway youth" and "homeless youth".
Acts 1989, No. 803, §1, eff. July 11, 1989; Acts 1999, No. 1087, §1, eff. July 9, 1999.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1354. Powers and duties of approved program or facility; alternative living arrangements

RS 46:1354 - Powers and duties of approved program or facility; alternative living arrangements
A. Notwithstanding any other provision of law, an approved runaway program or facility is authorized to:
(1) Provide assistance to any runaway or homeless youth.
(2) Attempt to determine the cause for the youth's runaway or homeless status.
(3) Explain to the runaway or homeless youth the rights, options of services, or other assistance available to the youth.
(4) Work towards reuniting such runaway or homeless youth with his parent, guardian, or legal custodian as soon as practicable.
(5) Assist in arranging services for runaway or homeless youth, and where appropriate, their families, including but not limited to food, shelter, clothing, medical care, and individual and family counseling.
(6) Consent, through the director or his designee, for the delivery of medical, assessment, or social services to any runaway youth in the program or facility.
B. No state funds shall be expended on these programs or facilities.
Acts 1989, No. 803, §1, eff. July 11, 1989.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1355. Confidentiality of records

RS 46:1355 - Confidentiality of records
Notwithstanding any other provision of law, no officer, employee, or agent of any facility or program shall be compelled to disclose or transfer any records or information in such records containing the identity of any youth receiving services pursuant to this Chapter, except:
(1) Upon written consent of the youth, his parents, or legal custodians;
(2) In proceedings pursuant to R.S. 14:403;
(3) In proceedings before a court exercising juvenile jurisdiction; or
(4) In circumstances posing serious danger to the life or health of any youth served by the facility or program.
Acts 1989, No. 803, §1, eff. July 11, 1989.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1356. Limitation of liability

RS 46:1356 - Limitation of liability
No person shall have a cause of action against any director, employee, or agent, including any volunteer, of an approved runaway and homeless youth facility or program as a result of an act or failure to act while admitting, releasing, or caring for a youth, unless such act or failure to act was a result of gross negligence or intentional misconduct by the director, employee, agent, or any volunteer.
Acts 1989, No. 803, §1, eff. July 11, 1989.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1402. Legislative intent; declaration of purpose and policy

RS 46:1402 - Legislative intent; declaration of purpose and policy
It is the intent of the legislature to protect the health, safety, and well-being of the children and youth of the state who are in out-of-home care on a regular or consistent basis. Toward that end, it is the purpose of this Chapter to establish statewide minimum standards for the safety and well-being of children and youth, to ensure maintenance of these standards, and to regulate conditions in these facilities through a program of licensing. It shall be the policy of the state to ensure protection of all individuals under care by specialized providers and to encourage and assist in the improvement of programs. It is the further intent of the legislature that the freedom of religion of all citizens shall be inviolate. This Chapter shall not give the Louisiana Department of Health or the Department of Children and Family Services jurisdiction or authority to regulate, control, supervise, or in any way be involved in the form, manner, or content of any curriculum or instruction of a school or specialized provider sponsored by a church or religious organization so long as the civil and human rights of the clients and residents are not violated.
Acts 1985, No. 286, §1; Acts 1990, No. 351, §2, eff. July 10, 1990; Acts 2014, No. 868, §5, eff. Oct. 1, 2014; Acts 2016, No. 502, §1; Acts 2018, No. 206, §5.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1402.1. Licensing; prohibition of conflict of interest

RS 46:1402.1 - Licensing; prohibition of conflict of interest
All licenses issued to specialized providers pursuant to this Chapter shall specify that the facility shall not enter into any contract or engage in any activities in conflict with its duties to the mothers, fathers, and children that it is licensed to serve.
Acts 2001, No. 910, §2; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1403.1. Extended stay for completion of educational courses or other programs

RS 46:1403.1 - Extended stay for completion of educational courses or other programs
Notwithstanding any other provision of law to the contrary, a child housed at a residential home, transitional placing program, or in foster care may stay at such home, transitional placing program, or in foster care until his twenty-first birthday while participating in the extended foster care program set forth in R.S. 46:288.1 et seq., or any other program offered by the residential home.
Acts 2001, No. 912, §1; Acts 2016, No. 502, §1; Acts 2017, No. 376, §2; Acts 2018, No. 206, §5; Acts 2018, No. 649, §1, eff. June 1, 2018; Acts 2019, No. 400, §2, eff. June 19, 2019.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1404. Requirement of licensure

RS 46:1404 - Requirement of licensure
A. All specialized providers, including facilities owned or operated by any governmental, profit, nonprofit, private, or church agency, shall be licensed. Specialized provider licenses shall be of two types: Type I and Type IV.
B. Child-placing agencies within the Department of Children and Family Services shall be exempt from the provisions of this Chapter. The department is authorized and mandated to perform its child-placing functions in accordance with the standards promulgated by the department for licensed child-placing agencies.
Acts 1985, No. 286, §1; Acts 2004, No. 915, §1; Acts 2009, No. 400, §2, eff. July 7, 2009; Acts 2010, No. 64, §1, eff. Oct. 1, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1405. Transitional provisions

RS 46:1405 - Transitional provisions
A. Until such time as rules are promulgated by the department to implement the types of licenses required by R.S. 46:1404, specialized providers shall follow the rules, regulations, and standards in effect for Class A and Class B licensure.
B. All existing residential homes possessing a Class B license shall be issued a Type I license as provided by rule.
C. All existing child placing agencies, maternity homes, and residential homes that meet the definition for a Type IV license pursuant to this Chapter shall be issued a Type IV license as provided by rule.
Acts 1985, No. 286, §1; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1406. Licenses; application; temporary or provisional; fees

RS 46:1406 - Licenses; application; temporary or provisional; fees
A. Application for licensure of a new specialized provider shall be made by the specialized provider to the department upon forms furnished by the department. Upon receipt of the application for a license and verification that minimum requirements for such license as established by rule are satisfied, and that the specialized provider is in compliance with all other state and local laws and regulations, the department shall issue a Type I or Type IV license for such period as may be provided for by rule.
B. The department may provide through the promulgation of rules for the issuance of temporary, provisional, or extended licenses for each license type if a disapproval has not been received from any other state or local agency authorized by any other laws or rules to inspect such specialized providers.
C. A license of any type shall apply only to the location stated on the application, and such license, once issued, shall not be transferable from one person to another or from one location to another. If the location or ownership of the specialized provider is changed, then the license shall be automatically revoked. A new application form shall be completed prior to all license renewals.
D. Each licensed specialized provider shall display its license in a prominent place at the facility, except that a specialized provider operated by a church or religious organization may be exempt from such requirement, provided the license is available upon request.
E. There shall be an annual license fee for each specialized provider in an amount equal to the annual license fee in effect for all Class A and Class B specialized providers possessing such license on January 1, 2014, without an increase in the amount of such fees.
F. There shall be an annual license fee of fifty dollars for any license issued to a child-placing agency or maternity home.
G. The fees provided for in this Section shall not apply to any Type I specialized provider owned or operated by a church or religious organization.
H. Annual fees for any type of license shall not be increased unless expressly authorized by statute as provided in Article VII, Section 2.1 of the Constitution of Louisiana.
Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1414.1. State central registry

RS 46:1414.1 - State central registry
A. Any owner, operator, current or prospective employee, or volunteer of a specialized provider requesting licensure or licensed by the Department of Children and Family Services is prohibited from being employed by the specialized provider if that individual's name is recorded on the state central registry as a perpetrator for a justified finding of abuse or neglect of a child.
B. If the individual's name is or was entered on the state central registry, that individual may make a formal written request to the division of administrative law for an administrative appeal of the justified determination, in accordance with Children's Code Article 616.1.1 and the procedures promulgated by the department.
C. The department shall promulgate, in accordance with the Administrative Procedure Act, all rules and regulations necessary to implement the provisions of this Section.
D., E. Repealed by Acts 2017, No. 348, §5, special eff. date.
Acts 2009, No. 388, §1, eff. Jan. 1, 2010; Acts 2014, No. 868, §5, eff. Oct. 1, 2014; Acts 2016, No. 502, §1; Acts 2017, No. 348, §§3, 5, special eff. date.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1415. Facilities and agencies subject to regulation; exemptions

RS 46:1415 - Facilities and agencies subject to regulation; exemptions
A. All specialized providers shall be subject to the provisions of this Chapter. However, all care given without charge, shall be exempt from such provisions.
B. Nothing in this Chapter shall apply to facilities licensed by the Louisiana Department of Health or the Department of Education.
Acts 1985, No. 286, §1; Acts 1987, No. 189, §1; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1416. Special, temporary, or continued care for children

RS 46:1416 - Special, temporary, or continued care for children
Any institution, society, agency, corporation, facility, person or persons, or any other group licensed in accordance with the provisions of this Chapter may receive children from their parents or legal guardians or from the courts for special, temporary, or continued care.
Acts 1985, No. 286, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1417. Inspections

RS 46:1417 - Inspections
It shall be the duty of the department, through its duly authorized agents, to inspect at regular intervals not to exceed one year, or as deemed necessary by the department, and without previous notice all specialized providers subject to the provisions of this Chapter. The department shall also develop and facilitate coordination with and among other authorized agencies making inspections at regular intervals. A specialized provider shall be open to inspection only during working hours by parents or legal guardians of children or youth in care and by authorized inspection personnel.
Acts 1985, No. 286, §1; Acts 2005, No. 332, §1, eff. June 30, 2005; Acts 2014, No. 868, §5, eff. Oct. 1, 2014; Acts 2016, No. 502, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1418. Complaints

RS 46:1418 - Complaints
A. It shall be the duty of the department, through its duly authorized agents, to investigate all complaints, except complaints concerning the prevention or spread of communicable diseases, including complaints alleging child abuse, against any specialized provider as defined in this Chapter. The department may take such action as is authorized by this Chapter. Any complaint received concerning the prevention or spread of communicable diseases shall be immediately referred to the state health officer through the nearest parish health unit for investigation and disposition.
B. The department shall receive, record, and dispose of complaints in accordance with rules and regulations promulgated under the provisions of this Chapter.
Acts 1985, No. 286, §1; Acts 1990, No. 242, §2; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1419. Revocation or refusal to renew license; written notice

RS 46:1419 - Revocation or refusal to renew license; written notice
The department shall have the power to deny, revoke, or refuse to renew a license for a specialized provider if an applicant has failed to comply with the provisions of this Chapter or any applicable, published rule or regulation of the department relating to specialized providers. If a license is denied, revoked, or withdrawn, the action shall be effective when made and the department shall notify the applicant, licensee, or specialized provider of such action in writing immediately and of the reason for the denial, revocation, or withdrawal of the license.
Acts 1985, No. 286, §1; Acts 2005, No. 332, §1, eff. June 30, 2005; Acts 2009, No. 194, §2, eff. June 30, 2009; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1420. Refusal or revocation of license; appeal procedure

RS 46:1420 - Refusal or revocation of license; appeal procedure
A. Upon the refusal of the department to grant a license or upon the revocation of a license, the agency, institution, society, corporation, person or persons, or other group having been refused a license or having had a license revoked shall have the right to appeal such action by submitting a written request to the secretary of the department within thirty days after receipt of the notification in the case of the refusal of the license or, in the case of revocation, within fifteen calendar days after receipt of the notification of the revocation. The appeal hearings shall be held no later than thirty days after the request therefor, except as provided in the Administrative Procedure Act, and shall be conducted in accordance with applicable regulations of the department and the provisions of R.S. 46:107. This provision shall in no way preclude the right of the party to seek relief through mandamus suit against the department, as provided by law.
B. Notwithstanding any law, rule, regulation, or provision to the contrary, including but not limited to R.S. 49:978.1(A)(2), the department shall be entitled to seek judicial review from any final decision or order rendered by the division of administrative law in any appeal hearing arising under this Chapter. The venue of judicial review shall be the district court of the parish in which the licensee is located.
Acts 1985, No. 286, §1; Acts 2009, No. 194, §2, eff. June 30, 2009; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1421. Operating without or in violation of license; penalty

RS 46:1421 - Operating without or in violation of license; penalty
Whoever operates as a specialized provider, as defined in R.S. 46:1403, without a valid license issued by the department shall be fined not less than one thousand dollars per day for each day of such offense.
Acts 1985, No. 286, §1; Acts 2012, No. 599, §1, eff. Jan. 1, 2013; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1422. Operating without or in violation of license; injunctive relief

RS 46:1422 - Operating without or in violation of license; injunctive relief
If any specialized provider operates without a valid license issued by the department, the department may file suit in the district court in the parish in which the specialized provider is located for injunctive relief, including a temporary restraining order, to restrain the institution, society, agency, corporation, person or persons, or any other group operating the specialized provider or agency from continuing the violation. The state health officer shall have exclusive authority over all matters involving the prevention or spread of communicable diseases within a specialized provider.
Acts 1985, No. 286, §1; Acts 1990, No. 242, §2; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1423. Removal of individuals from facility

RS 46:1423 - Removal of individuals from facility
The department shall remove any child, youth, or all children and youth from any specialized provider when it is determined that one or more violations exist within the specialized provider which places the health and well-being of the child, youth, or children and youth in imminent danger; provided, however, that a contradictory hearing shall be held within seven days thereafter by the district court of the district to determine whether the action was justified and whether and how long it shall continue.
Acts 1985, No. 286, §1; Acts 2014, No. 868, §5, eff. Oct. 1, 2014; Acts 2016, No. 502, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1425. Adoption services; requirements for advertising; injunctive relief; exceptions; penalties

RS 46:1425 - Adoption services; requirements for advertising; injunctive relief; exceptions; penalties
A. It shall be unlawful for any person other than a licensed child-placing agency or a Louisiana-based crisis pregnancy center to advertise through print or electronic media that it will adopt children or assist in the adoption of children.
B. If any person advertises in violation of this Section, the attorney general, the Department of Children and Family Services, the appropriate district attorney, or any licensed child-placing agency or a Louisiana-based crisis pregnancy center may file suit in district court according to the general rules of venue to obtain injunctive relief to restrain the person from continuing the violation.
C. Nothing in this Section shall apply to any individual licensed to practice law in this state while such individual is engaged in the practice of law or to any individual licensed to provide mental health counseling as provided in Children's Code Article 1120 and preplacement and home studies as provided in Children's Code Article 1173.
D. Anyone who violates the provisions of this Section shall be liable for all costs of any proceeding brought to enjoin such violation, including reasonable attorney fees, which shall be set by the court.
Acts 1997, No. 1070, §1; Acts 2013, No. 179, §1, eff. Jan. 1, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1427. Parent-child relationship

RS 46:1427 - Parent-child relationship
The Department of Children and Family Services shall not interfere with the parent-child relationship regarding the religious training of a child, where all of the following conditions are met:
(1) The parent or legal guardian has enrolled their child in a specialized provider, including but not limited to a child residential facility, operated by a religious, nonprofit organization which is exempt from federal income taxes pursuant to 26 U.S.C. §501(c)(3).
(2) Where, as a condition of enrollment, the child is required to attend religious services or classes and the parent or guardian of the child agrees to such condition.
Acts 2010, No. 569, §1, eff. June 25, 2010; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.