Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 73 - Child Placing Agencies › Section V-7305 - Definitions-Foster Care, Adoption, Transitional Placing

Current through Register Vol. 50, No. 6, June 20, 2024
Abuse
-any of the following acts which
					 seriously endangers the physical, mental, or emotional health and safety of the
					 child.
1. The infliction, attempted infliction, or as a result of
					 inadequate supervision, allowing the infliction or attempted infliction of
					 physical or mental injury upon the child by a parent or any other
					 person.
2. The exploitation or overwork of a child by a parent or
					 any other person, including, but not limited to commercial sexual exploitation
					 of the child.
3. The involvement of the child in any sexual act with a
					 parent or any other person, or the aiding or toleration by the parent,
					 caretaker, or any other person of the childs involvement in any of the
					 following:
a. any sexual act with any other person;
b. pornographic displays;
c. any sexual activity constituting a crime under the laws
					 of this state; or
d. the coerced abortion conducted upon a child.
Adoption Disruption
-the interruption of an
					 adoption after placement of the child and before legal finalization of the
					 adoption.
Affiliate
-
1. with respect to a partnership, each partner
					 thereof;
2. with respect to a corporation, each officer, director
					 and stockholder thereof;
3. with respect to a natural person, that person and any
					 individual related by blood, marriage, or adoption within the third degree of
					 kinship to that person; any partnership, together with any or all its partners
					 in which that person is a partner; and any corporation in which that person is
					 an officer, director or stockholder, or holds, directly or indirectly, a
					 controlling interest;
4. with respect to any of the above, any mandatory, agent,
					 representative, or any other person, natural or juridical, acting at the
					 direction of or on behalf of the licensee or applicant; or
5. administrator, executive director, or program director
					 of any such DCFS licensed agency or facility
Age
or
Developmentally Appropriate
					 Activities
or
Items
-activities or items that are
					 generally accepted as suitable for children/youth of the same chronological age
					 or level of maturity or that are developmentally appropriate, based on the
					 cognitive, emotional, physical, and behavioral capacities that are typical for
					 an age or age group; and in the case of a specific child/youth, activities or
					 items that are suitable for that child/youth based on developmental stages
					 attained with respect to cognitive, emotional, physical, and behavioral
					 capacities.
Agency
-any place, program, agency operated
					 or required by law to operate under a license, including facilities owned or
					 operated by any governmental, profit, nonprofit, private, or church
					 entity
Anniversary
-licensure year determined by
					 the month in which the initial license was issued to the child-placing agency
					 and in which the license is eligible for renewal each year.
Approved Home
-physical address of a home
					 which has been determined by the child-placing agency to meet all the
					 requirements noted herein.
Babysitting
-care arranged for and paid for
					 by foster/adoptive parents for foster/adoptive children in the absence of the
					 foster/adoptive parents.
Birth Certificate
-official document issued
					 to record a persons birth, which includes identifying data such as name,
					 gender, date of birth, place of birth, and parentage.
Case Plan
-plan developed by DCFS child
					 welfare to establish short and long term goals based on the strengths and needs
					 of the family and child/youth.
Change of Location (CHOL)
-change of
					 physical address of the child-placing agency
Change of Ownership (CHOW)
-transfer of
					 ownership of a currently licensed child-placing agency to someone other than
					 the owner listed on the initial application without a break in service.
					 Ownership of the business, not the building, determines the owner Sale of the
					 juridical entity or lease of the business also constitutes a change of
					 ownership.
Chemical Restraint
-medication or drug
					 administered to control behavior or to sedate.
Child
- person who has not reached the age
					 eighteen or otherwise been legally emancipated. The words "child" and
					 "children" are used interchangeably throughout this chapter.
Child-placing agency (CPA)
-any
					 institution, society, agency, corporation, facility, person or persons, or any
					 other group engaged in placing children in foster care or with substitute
					 parents for temporary care or for adoption or engaged in assisting or
					 facilitating the adoption of children, or engaged in placing youth in
					 transitional placing programs, but shall not mean a person who may occasionally
					 refer children for temporary care.
Child Welfare (CW)
-Division within the
					 Department of Children and Family Services.
Complaints
-an allegation that any person
					 is violating any provision of these standards or engaging in conduct, either by
					 omission or commission, that negatively affects the health, safety, rights,
					 and/or welfare of any child/youth receiving services from a child-placing
					 agency
Contractor
-any person who renders
					 professional services, therapeutic services, enrichment services, or counseling
					 to children/youth such as educational consulting, athletic, or artistic
					 services within a child-placing agency, whose services are not integral to
					 either the operation of the child-placing agency or to the care and supervision
					 of children/youth. Contractors may include, but are not limited to social
					 workers, counselors, dance instructors, gymnastic or sports instructors,
					 computer instructors, speech therapists, licensed health care professionals,
					 art instructors, state-certified teachers employed through a local school
					 board, and other outside contractors. A person shall not be deemed a contractor
					 if he is a staff person of the child-placing agency.
Criminal Background Check (CBC)
-a review
					 of any and all records containing any information collected and stored in the
					 criminal record repository of the Federal Bureau of Investigation, the state
					 Department of Public Safety, and/or any other repository of criminal records,
					 involving a pending arrest or conviction by a criminal justice agency,
					 including, but not limited to, child abuse crime information, conviction record
					 information, fingerprint cards, correctional induction and release information,
					 identifiable descriptions and notations of convictions; provided, however,
					 dissemination of such information is not forbidden by order of any court of
					 competent jurisdiction or by federal law.
DAL
-the Division of Administrative
					 Law.
DCFS
-the Department of Children and Family
					 Services.
Department
-the Department of Children and
					 Family Services.
Dependent Adult
-a person who is 18 years
					 of age or older who is dependent upon foster/adoptive parents for physical
					 and/or developmental care or support and would be in danger if care or support
					 is withdrawn.
Dependent Child
-person who is under the
					 age of 18 years who is dependent upon foster/adoptive parents for physical
					 and/or developmental care or support and would be in danger if care or support
					 is withdrawn.
Discipline
-positive corrective action used
					 to manage inappropriate behavior in children/youth.
Disqualification Period
-the prescriptive
					 period during which the department shall not process an application from a
					 provider Any unlicensed operation during the disqualification period shall
					 interrupt running of prescription until the department has verified that the
					 unlicensed agency/facility has ceased operating.
Documentation
-written evidence or proof,
					 signed and dated by parties involved (executive director, program director,
					 foster/adoptive parent, staff, children, youth, etc.), on site and available
					 for review.
Emergency Removal
-a disruption of the
					 current placement whereby removal of the child within 48 hours is
					 requested.
Executive Director
-the individual
					 responsible for the management, administration, and supervision of the
					 child-placing agency.
Existing Child-placing agency
-a provider
					 with a valid license at a particular location prior to the effective date of
					 these standards.
Foster Care
-placement of a child/youth in
					 a foster home, a relatives home, residential home, or other living arrangement
					 approved and supervised by the state for the provision of substitute care for a
					 child.
Foster Home
- private home of one or more
					 persons who provide continuous 24-hour substitute parenting for one to six
					 children living apart from their parent(s) or guardians who are placed for
					 foster care under the supervision of the department or a licensed child-placing
					 agency.
Foster Parent
-an individual(s) who
					 provides foster care with the approval and under the supervision of the
					 department or of a licensed child-placing provider
Full-Time
-employment by which a person
					 works a minimum of 35 hours Monday through Friday each week.
Functional Literacy
-the ability to read
					 and write at the level necessary to participate effectively in society.
Human Service Field
-the field of
					 employment related to social services such as social work, psychology,
					 sociology, special education, nursing, rehabilitation counseling, criminal
					 justice, juvenile justice, and/or corrections.
Home Study
-a comprehensive evaluation of
					 the home environment and life of prospective foster and adoptive parents
					 conducted in accordance with applicable requirements of the state in which the
					 home is located to determine the suitability of the family to meet the
					 individual needs of a child, including the child's safety, permanency, health,
					 well-being, and mental, emotional, and physical development.
Injury of Unknown Origin
-an injury where
					 the source was not observed by any person and/or could not be explained by the
					 child/youth and is suspicious due to the extent of the injury or its location
					 (e.g., an injury located in an area not generally vulnerable to trauma).
Intercountry
-adoption of a child from
					 another country.
Interstate Compact on the Placement of Children
					 (ICPC)
-procedures for ensuring the safety and stability of placements
					 of children across state lines.
Juridical Person/Entity
-a limited
					 liability company, partnership, corporation, church, university, or
					 governmental department/agency.
Legal Custody
-the right to have physical
					 custody of a child and to determine where and with whom the child shall reside;
					 to exercise the rights and duty to protect, train, and discipline the child;
					 the authority to consent to major medical, psychiatric, and surgical treatment;
					 and to provide the child with food, shelter, education, and ordinary medical
					 care, all subject to any residual rights possessed by the child's
					 parents.
Legal Guardian
-a person or agency with the
					 legal authority and corresponding duty to care for the person and property of a
					 child/youth.
Legal Guardianship
-a legal relationship
					 created between a minor and a guardian, which may be a person or institution,
					 that gives the guardian certain rights and obligations such as the authority to
					 make decisions regarding the life and development of the minor and the minor's
					 general welfare until he/she reaches the age of majority.
License
-a certification issued by the
					 department to operate a child-placing agency as defined in
					 R.S.
					 46:1403.
Licensing deficiency review
-formalized
					 process by which a provider may challenge deficiencies cited during a licensing
					 inspection that the provider contends are in whole or part factually
					 inaccurate.
Lifebook
-a record chronicling
					 accomplishments, milestones, and important persons in a child's life through
					 pictures, words, art, awards, ribbons, and memorabilia.
Living Unit
-a house, mobile home, or
					 apartment.
LSP
-Louisiana State Police.
Mechanical Restraint
-an approved
					 professionally manufactured device used to modify the behavior of a child/youth
					 by restricting his/her free movement.
Medication
-drugs, topicals, or other
					 remedies used to treat illness or injury or relieve pain whether
					 over-the-counter or prescribed.
Medically Fragile
-a child/youth with
					 intensive care needs due to chronic and severe conditions and/or functional
					 limitations requiring skilled care from a health care professional or specially
					 trained family or foster family member.
Natural Person
-a human being and if that
					 person is married and not judicially separated or divorced, the spouse of that
					 person.
Neglect
-the refusal or unreasonable
					 failure of a parent or caretaker to supply the child with necessary food,
					 clothing, shelter, care, treatment, or counseling for any injury, illness, or
					 condition of the child, as a result of which the child's physical, mental, or
					 emotional health and safety is substantially threatened or impaired.
Owner
or
Operator
-individual or juridical entity exercising direct or
					 indirect control over a licensing entity. For licensing purposes the following
					 are considered owners:
1.
Individual Ownership
-individual and
					 spouse listed on the licensing application submitted and who have access to the
					 children/youth in care of the provider and/or children/youth who receive
					 services from the provider and/or who are present at any time on the agency
					 premises when children/youth are present;
2.
Partnership
-all limited or general
					 partners and managers who are listed on the licensing application submitted and
					 who have access to the children/youth in care of the provider and/or
					 children/youth who receive services from the provider, and/or who are present
					 at any time on the agency premises when children/youth are present;
3.
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
					 children/youth in care of the provider, and/or children/youth who receive
					 services from the provider, and/or who is present at any time on the agency
					 premises when children/youth are present; or
4.
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 children/youth in care of the provider,
					 and/or children/youth who receive services from the provider, and/or who is
					 present at any time on the agency premises when children/youth are present.
Ownership
-the right that confers on a
					 person direct, immediate, and exclusive authority over a thing. The owner of
					 that thing may use, enjoy, and dispose of the thing within the limits and under
					 the conditions established by law.
1.
Direct Ownership
-the owner is a natural
					 person with sole control of the child-placing agency.
2.
Indirect Ownership
-the owner is a
					 juridical entity.
Parent
-any living person who is presumed to
					 be a parent under the Civil Code or a birth or adoptive mother or father of a
					 child.
Physical Restraint
-emergency physical
					 intervention used to restrict movement of the arms, legs, body or head of a
					 child/youth which includes holding a child in a manner that restricts
					 movement.
Program Director
-the individual with
					 authority and responsibility for the on-site daily operation of the
					 child-placing agency as recorded with the licensing section.
Posted
-prominently displayed in a
					 conspicuous location in an area accessible to and regularly used by
					 children/youth and/or staff.
Provider
-child-placing agency.
Public Law 115-123
-Title VII Family First
					 Prevention Services Act
Reasonable and Prudent Parent
					 Standard
-standard that a caregiver shall use when determining whether
					 to allow a child in foster care under the responsibility of the state to
					 participate in extracurricular, enrichment, cultural, and social activities.
					 The standard is characterized by careful and sensible parental decisions that
					 maintain the health, safety, and best interests of a child while at the same
					 time encouraging the emotional and developmental growth of the child.
Reasonable and Prudent Parent
					 Training
-training that includes knowledge and skills relating to the
					 reasonable and prudent parent standard for the participation of the child in
					 age or developmentally appropriate activities. This includes knowledge and
					 skills relating to the developmental stages of the cognitive, emotional,
					 physical, and behavioral capacities of a child and knowledge and skills
					 relating to applying the standard to decisions such as whether to allow the
					 child to engage in social, extracurricular, enrichment, cultural, and social
					 activities. Activities include sports, field trips, and overnight activities
					 lasting one or more days. Also included is knowledge and skills in decisions
					 involving the signing of permission slips and arranging of transportation for
					 the child to and from extracurricular, enrichment, and social
					 activities.
Reasonable Suspicion
-to have or acquire
					 information containing specific and articulable facts indicating that an owner,
					 operator, current or potential employee, or volunteer has been investigated and
					 determined to be the perpetrator of abuse and/or neglect of a minor with a
					 justified (valid) finding currently recorded on the state central
					 registry.
Related
or
Relative
-a
					 natural or adopted child or grandchild of the caregiver or a child in the legal
					 custody of the caregiver.
Respite Care
-temporary care arranged by or
					 paid for by the child-placing agency to provide relief to foster or adoptive
					 parents.
Service Plan
-a written plan of action
					 developed by the child-placing agency for each individual child that identifies
					 needs, sets goals, and describes strategies and timelines for achieving
					 goals.
Shall
or
Must
-mandatory.
Should
-advised or may.
Staff
-full or part-time paid or non-paid
					 child-placing agency personnel who perform services for the child-placing
					 agency and have direct or indirect contact with children/youth.
State Central Registry (SCR)
-repository
					 that identifies individuals with certain justified (valid) findings of abuse
					 and/or neglect of a child or children by the Department of Children and Family
					 Services.
Substantial Bodily Harm
-a physical injury
					 such that a prudent person would conclude that the injury required professional
					 medical attention. It does not include minor bruising, the risk of minor
					 bruising, or similar injuries that heal without professional medical
					 attention.
Supervision
-the function of observing,
					 overseeing, and guiding a child/youth which includes awareness of and
					 responsibility for the ongoing activity of each child/youth requiring
					 accountability for their care, knowledge of their activities and whereabouts,
					 and knowledge of their individual abilities and needs.
Temporary Closure
-closure of more than 14
					 calendar days, but less than 30 calendar days.
Therapeutic Foster Care
-foster care that
					 accommodates a child or youth whose need for prolonged specialized care and
					 supervision requires continuous professional oversight preventing placement in
					 a standard foster home.
Transitional Placing Program
-a program
					 that places youth, at least 16 years of age and not older than 21 years of age,
					 in an independent living situation supervised by a provider with the goal of
					 preparing the youth for living independently without supervision.
Type IV License
-license held by any
					 publicly or privately owned child-placing agency provider.
Unlicensed Operation
-operation of any
					 specialized provider at any location, without a valid, current license issued
					 by the department.
Visitor
-anyone who enters a child-placing
					 agency other than child-placing agency staff, contractor, therapeutic
					 professionals, and in the case of a church or school, pastor, principal,
					 teacher, etc.
Volunteer
-an individual who provides
					 services for the provider and whose work is uncompensated. This may include
					 students, interns, tutors, counselors, and other non-staff individuals who may
					 or may not work directly with children.
Waiver
-an exemption from compliance with a
					 regulation granted by the secretary of the department.
Youth
-a person not less than sixteen years
					 of age nor older than twenty-one years of age.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:1407(D).