Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 71 - Residential Homes-Type IV › Section V-7124 - Criminal Background Checks

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Criminal Background Checks-Current Owners as of June 1,2020
1. Effective June 1, 2020, and in accordance
				  with
				  Public Law
				  115-123 and R.S. 1587.1, provider shall submit a
				  request for a fingerprint-based criminal background check through the Federal
				  Bureau of Investigation (FBI) for all owners/operators. The request for the FBI
				  check shall be submitted no later than June 12, 2020. Documentation of
				  submission shall be available for review and submitted upon request of the
				  Licensing Section.
2. Upon
				  notification that the owner/operator has been convicted of a crime listed in
				  R.S.15:587.1(C),
				  the owner/operator shall no longer be eligible to own, operate, or participate
				  in the governance or management of the residential home. The owner/operator can
				  voluntarily close the business or if he/she chooses not to close the business,
				  the license shall be immediately revoked. If the owner/operator is a member of
				  the board or clergy, the provider shall submit a signed, dated statement to
				  Licensing within 24 hours or no later than the next business day after the
				  notification has been made indicating that the individual has resigned or been
				  relieved of his position with the effective date of the resignation/removal. If
				  the statement is not received within the aforementioned timeframe, the license
				  shall be immediately revoked. Provider shall also submit documentation to
				  Licensing within seven calendar days of the notification being made verifying
				  that the individual's name has been removed from the Secretary of State's
				  website if owned by a corporation.
3. Upon notification that additional
				  information is required in order to make a decision, the provider has seven
				  calendar days to submit the requested information to the requesting agency.
				  Documentation of the date the requesting agency requested additional
				  information shall be available for review. If the information is not submitted
				  as requested within seven calendar days, the owner/operator shall not be
				  present at the agency. However, if the information is not submitted within 30
				  calendar days, owner/operator can voluntarily close the business or if he/she
				  chooses not to close the business, the license shall be immediately revoked. If
				  the owner/operator is a member of the board or clergy, the provider shall
				  submit a signed, dated statement to Licensing within 24 hours or no later than
				  the next business day after the thirtieth day indicating that the individual
				  has resigned or been relieved of his position with the effective date of the
				  resignation/removal. If the statement is not received within the aforementioned
				  timeframe, the license shall be immediately revoked. Provider shall also submit
				  documentation to Licensing within seven calendar days after the thirtieth day
				  verifying that the individual's name has been removed from the Secretary of
				  State's website if owned by a corporation.
4. This check shall be obtained prior to the
				  addition of a board member who meets the definition of an owner, an individual
				  being present on the premises, or an individual having access to residents
				  and/or children of residents.
5. No
				  person shall own, operate, or participate in the management or governance of a
				  residential home until such person has submitted his or her fingerprints
				  through the FBI and it has been determined that such person has not been
				  convicted of, or pled guilty or
nolo contendere
to any crime
				  listed in
				  R.S.
				  15:587.1(C).
6. Any owner or operator who is convicted of,
				  or pled guilty or
nolo contendere
to any crime listed in
				  R.S.
				  15:587.1(C) shall not
				  continue in the management or governance after such conviction, guilty plea, or
				  plea of
nolo contendere.
7. The following is a listing of individuals
				  by organizational type who are required to submit documentation to Licensing of
				  a satisfactory fingerprint-based criminal background clearance through the FBI:
a.
Individual
				  Ownership
-individual and spouse listed on the licensing application
				  submitted and who have access to the residents and/or children of residents in
				  care of the provider and/or residents and/or children of residents who receive
				  services from the provider and/or who are present at any time on the facility
				  premises when residents and/or children of residents are present;
b.
Partnership
-all limited
				  or general partners and managers who are listed on the licensing application
				  submitted and who have access to the residents and/or children of residents in
				  care of the provider and/or residents and/or children of residents who receive
				  services from the provider, and/or who are present at any time on the facility
				  premises when residents and/or children of residents are present;
c.
Church Owned, University
				  Owned
or
Governmental Entity
-any clergy and/or board
				  member who is listed on the licensing application submitted and who has access
				  to the residents and/or children of residents in care of the provider, and/or
				  residents and/or children of residents who receive services from the provider,
				  and/or who is present at any time on the facility premises when residents
				  and/or children of residents are present; or
d.
Corporation
(includes
				  limited liability companies)-individual(s) who is registered as an officer of
				  the board with the Louisiana Secretary of State and/or listed on the licensing
				  application submitted and who has access to the residents and/or children of
				  residents in care of the provider, and/or residents and/or children of
				  residents who receive services from the provider, and/or who is present at any
				  time on the facility premises when residents and/or children of residents are
				  present.
8. When an
				  individual is listed on the licensing application or the Secretary of State's
				  website as an officer and does not have access to residents and/or children of
				  residents in care or who receive services from the provider and/or is not
				  present at any time on the facility premises when residents and/or children of
				  residents are present, a DCFS approved attestation form signed and dated by the
				  individual is acceptable in lieu of a satisfactory fingerprint-based CBC
				  through the FBI. The attestation form shall be accepted for a period of one
				  year from the date individual signed the attestation form.
9. Criminal background clearances are not
				  transferable between owners.