reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 67 - Maternity Home › Section V-6713 - Social Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  social study shall be completed for every expectant mother accepted for care by
				  the maternity home. The social study shall be completed by a caseworker on the
				  maternity home's staff or by a caseworker of the referring agency. When she is
				  accepted through correspondence or on an emergency basis, the expectant mother
				  shall be interviewed by the maternity home caseworker within a week after
				  arrival. An immediate interview however, is preferable.
B. Intake
1. The intake study shall include social
				  information establishing that the expectant mother is in need of the services
				  of the maternity home.
2. The
				  following identifying information is essential: name, date of birth,
				  nationality, religion, education, occupation, health history, physical
				  appearance of mother, marital status, and home address.
3. The social worker shall discuss with the
				  expectant mother the following:
a. the
				  regulations of the maternity home and her responsibilities;
b. the services available to her through the
				  maternity home and community;
c.
				  agreement that while she is in the care of the maternity home she may plan
				  either to keep or to release her baby. The narrative record shall clearly show
				  that a full discussion was held with the expectant mother regarding
				  alternatives. The expectant mother should understand that should she not
				  surrender her child to the home, the home will release the child only to the
				  mother or to a licensed agency.
4. The agreement shall be in writing when a
				  charge for care is made.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 67 - Maternity Home › Section V-6715 - Care in the Home

Current through Register Vol. 50, No. 6, June 20, 2024
A. Health
				  Aspects
1. Responsibility for the health
				  supervision of the maternity home shall be placed in a licensed physician or a
				  group of licensed physicians appointed by the governing body. A physician shall
				  approve written procedures governing the following:
a. medications and treatment that may be
				  given without specific orders from a licensed physician or by a physician
				  designated by him;
b. circumstances
				  under which a physician shall be called;
c. action to be taken in case of
				  emergency;
d. a special diet if
				  required; and
e. household tasks
				  that may be required. The physician shall review annually the health practices
				  within the maternity home and certify in writing that they meet the licensing
				  requirements.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 67 - Maternity Home › Section V-6717 - Plant and Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Maintenance
1. The building, grounds, and
				  equipment shall be kept clean and in good repair.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 69 - Child Residential Care, Class B › Section V-6951 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the intent
				  of the legislature to protect the health, safety, and well-being of the
				  children of the state who are in out-of-home care on a regular or consistent
				  basis. Toward that end, it is the purpose of Chapter 14 of Title 46 of the
				  Louisiana Revised Statutes of 1950 to establish statewide minimum standards for
				  the safety and well being of children, 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 in child care facilities 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.
AUTHORITY NOTE: Promulgated in accordance with
						R.S.
						36:477,
						R.S. 46:1410
						et seq.
This Section has been moved from LAC
						67:I.1951.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 69 - Child Residential Care, Class B › Section V-6953 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Legislative
				  Provisions. The licensing authority of the Department of Social Services is
				  established by
				  R.S.
				  46:1401 et seq., and
				  R.S.
				  46:51 which mandate the licensing of all
				  child care facilities and child placing agencies, including child residential
				  facilities. A Class "B" child residential facility is defined as any place,
				  facility or home operated by any institution, society, agency, corporation,
				  person or persons or any other group to provide full-time care (24-hour
				  residential care) for four or more children under the age of 18 years who are
				  not related to the operators, and whose parents or guardians are not residents
				  of the same facility, with or without transfer of custody, and no state or
				  federal funds received for the care of the children.
1. In accordance with HCR 71 of the 2020
				  Legislative Session, license renewal fees due from July 1, 2020 through June
				  30, 2021 are hereby suspended for existing residential homes located in
				  Louisiana as part of Louisianas response to and as a way to help businesses
				  reopen and recover from COVID-19.
B. Penalties
1. All child care facilities, including
				  facilities owned or operated by any governmental, profit, nonprofit, private or
				  church agency, shall be licensed.
2. As mandated by
				  R.S.
				  46:1421, whoever operates any child care
				  facility or child-placing agency as defined in
				  R.S.
				  46:1403, including any child residential
				  facility, without a valid license issued by the department shall be fined not
				  less than $1,000 for each day of such offense.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 69 - Child Residential Care, Class B › Section V-6956 - Corrective Action Plans

Current through Register Vol. 50, No. 6, June 20, 2024
A. A corrective
				  action plan (CAP) shall be submitted for any and all deficiencies noted by
				  Licensing Section staff regarding any licensing law or standard, or any other
				  required statute, ordinance, or standard. The CAP and related documents shall
				  be submitted using the Sanswrite licensee portal or by a method as requested by
				  the department. The request for submission of the CAP does not restrict the
				  actions which may be taken by DCFS. If the department does not specify an
				  earlier timeframe for submitting the CAP, the CAP shall be submitted within 10
				  calendar days from the date of the inspection or receipt of the deficiencies,
				  if mailed or emailed. The CAP shall include a description of how the deficiency
				  will be corrected, the date by which correction(s) shall be completed, and
				  outline the steps the provider plans to take in order to prevent further
				  deficiencies from being cited in these areas and the plan to maintain
				  compliance with the licensing standards. If the CAP is not sufficient and/or
				  additional information is required, the provider shall be notified and informed
				  to submit additional information within three calendar days. If it is
				  determined that all areas of noncompliance or deficiencies have not been
				  corrected, the department may revoke the license.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 36:477 and
					 R.S.46:1401 et
					 seq.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 69 - Child Residential Care, Class B › Section V-6956 - Corrective Action Plans

Current through Register Vol. 50, No. 6, June 20, 2024
A. A corrective
				  action plan (CAP) shall be submitted for any and all deficiencies noted by
				  Licensing Section staff regarding any licensing law or standard, or any other
				  required statute, ordinance, or standard. The CAP and related documents shall
				  be submitted using the Sanswrite licensee portal or by a method as requested by
				  the department. The request for submission of the CAP does not restrict the
				  actions which may be taken by DCFS. If the department does not specify an
				  earlier timeframe for submitting the CAP, the CAP shall be submitted within 10
				  calendar days from the date of the inspection or receipt of the deficiencies,
				  if mailed or emailed. The CAP shall include a description of how the deficiency
				  will be corrected, the date by which correction(s) shall be completed, and
				  outline the steps the provider plans to take in order to prevent further
				  deficiencies from being cited in these areas and the plan to maintain
				  compliance with the licensing standards. If the CAP is not sufficient and/or
				  additional information is required, the provider shall be notified and informed
				  to submit additional information within 3 calendar days. If it is determined
				  that all areas of noncompliance or deficiencies have not been corrected, the
				  department may revoke the license.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 36:477 and
					 R.S.46:1401 et
					 seq.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 69 - Child Residential Care, Class B › Section V-6961 - Human Resources

Current through Register Vol. 50, No. 6, June 20, 2024
NOTE: This Section has been moved from LAC
					 67:1.1961.
A. Staff Plan. A provider
				  should have a policy for recruitment, supervision and training.
1. Screening
a. A provider's screening procedures should
				  address the prospective employee's qualifications, ability, related experience,
				  character, and social skills as related to the appropriate job
				  description.
b. Prior to employing
				  any person and upon obtaining a signed release and the names of references from
				  the potential employee, a provider shall obtain written references or phone
				  notes on oral references from three persons.
c. All center staff shall be required to
				  obtain within two weeks before or 30 days after beginning work and at least
				  every three years thereafter a written statement from a physician certifying
				  that the individual is:
i. in good health and
				  physically able to care for clients; and
ii. free from infectious and contagious
				  diseases.
d. Prior to or
				  30 days after the time of employment all persons shall be free of tuberculosis
				  in a communicable state as evidenced by a negative skin test or a negative
				  chest X-ray. Evidence that an employee is free of active tuberculosis is
				  required on an annual basis thereafter.
e. The director or any center staff shall not
				  remain at work if he/she has any sign of a contagious disease.
f. A provider shall not knowingly hire, or
				  continue to employ, any person whose health impairs his/her ability to properly
				  protect the health and safety of the clients or is such that it would endanger
				  the physical or psychological well being of the clients. This requirement is
				  not to be interpreted to exclude the hiring or continued employment of persons
				  undergoing temporary medical or emotional problems if the health and safety of
				  the clients can be assured through reasonable accommodation of the employee's
				  condition.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 69 - Child Residential Care, Class B › Section V-6962 - State Central Registry

Current through Register Vol. 50, No. 6, June 20, 2024
A. State
				  Central Registry Checks for Owners
1. Prior
				  to May 1, 2019, in accordance with
				  R.S.
				  46:1414.1, all owners and operators
				  affiliated with a facility were required to have on file a state central
				  registry clearance form from child welfare stating that the owners/operators
				  were not listed on the state central registry. No person recorded on any states
				  child abuse and neglect registry with a justified (valid) finding of abuse or
				  neglect of a child shall be eligible to own, operate, or participate in the
				  governance of a residential home.
a. When an
				  individual is listed on the licensing application or the Secretary of States
				  website as an officer and does not have access to children/youth in care or
				  children/youth who receive services from the provider and/or is not present at
				  any time on the facility premises when children/youth are present, a DCFS
				  approved attestation form signed and dated by the individual is acceptable in
				  lieu of a state central registry clearance. The attestation form shall be
				  accepted for a period of one year from the date individual signed attestation
				  form.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 69 - Child Residential Care, Class B › Section V-6963 - Quality of Life

Current through Register Vol. 50, No. 6, June 20, 2024
A. Family
				  Involvement
1. A provider should create a
				  policy that encourages ongoing positive communication and contact between
				  clients and their families, their friends and others significant in their
				  lives.
2. A provider should discuss
				  the following with the client's family, other legally responsible persons and
				  significant others, when appropriate:
a. the
				  philosophy and goals of the provider;
b. behavior management and disciplinary
				  practices of the provider;
c. any
				  specific treatment or treatment strategy employed by the provider that is to be
				  implemented for a particular client;
d. visiting hours, visiting rules and
				  procedures, arrangements for home visits and procedures for communicating with
				  clients by mail or telephone;
e.
				  the name, telephone number and address of a staff person who may be contacted
				  by the legally responsible person to ask questions or register concerns on an
				  ongoing basis;
f. a procedure for
				  registering complaints concerning the client's care or treatment. All cases of
				  client abuse or neglect or suspicion of abuse or neglect must be reported to
				  the Child Protection Agency in the DSS Office of Community Services for
				  investigation.
3. Visits
				  to parents and relatives in their own homes should be encouraged, unless they
				  are not of benefit to the client, in order to maintain not only family ties but
				  also ties in the neighborhood and community.
4. A written description of these family
				  involvement strategies is suggested.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 69 - Child Residential Care, Class B › Section V-6965 - Direct Service Management

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Admission Policies
1. A provider shall have a
				  written description of admission policies and criteria which shall include the
				  following information:
a. the age and sex of
				  clients in care;
b. the needs,
				  problems, situations or patterns best addressed by the provider's
				  program;
c. any other criterion for
				  admission;
d. criteria for
				  discharge;
e. any preplacement
				  requirements on the client, the legally responsible person, DSS, or other
				  involved agencies;
f. procedures
				  for ensuring that placement within the program is the least restrictive
				  alternative appropriate to meet the client's needs.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 69 - Child Residential Care, Class B › Section V-6967 - Physical Environment

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Accessibility. A provider's building, parking lots and facilities shall be
				  accessible to and functional for clients, staff members and the public, as
				  required by applicable federal and state laws and regulations.
B. Exterior Space
1. A provider shall ensure that all
				  structures on the grounds of the facility accessible to clients are maintained
				  in good repair and are free from any excessive hazard to health or
				  safety.
2. A provider shall
				  maintain the grounds of the facility in an acceptable manner and shall ensure
				  that the grounds are free from any hazard to health or safety.
a. Garbage and rubbish that is stored outside
				  shall be stored securely in non-combustible, covered containers and shall be
				  removed on a regular basis.
b.
				  Trash collection receptacles and incinerators shall be stored separate from the
				  play area, and be located as to avoid being a nuisance to neighbors.
c. Fences shall be in good repair.
d. Areas determined to be unsafe, including
				  steep grades, cliffs, open pits, swimming pools, high voltage boosters or
				  high-speed roads, shall be fenced off or have natural barriers to protect
				  clients.
e. Playground equipment
				  shall be so located, installed and maintained as to ensure the safety of
				  clients.
3. A provider
				  shall have access to outdoor recreational space and suitable recreational
				  equipment.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 69 - Child Residential Care, Class B › Section V-6969 - Emergency and Safety

Current through Register Vol. 50, No. 6, June 20, 2024
A. Emergency
				  and Safety Plan
1. A provider should have a
				  plan for emergency and safety procedures.
2. The plan should provide for the evacuation
				  of clients to safe or sheltered areas.
3. The plan should include provisions for
				  training of staff and, as appropriate, clients in preventing, reporting and
				  responding to fires and other emergencies.
4. The plan should provide means for an
				  ongoing safety program including continuous inspection of the provider for
				  possible hazards, continuous monitoring of safety equipment and investigation
				  of all accidents or emergencies.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 71 - Residential Homes-Type IV › Section V-7101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the intent
				  of the legislature to protect the health, safety, and well-being of the
				  children and residents of the state who are in out-of-home care on a regular or
				  consistent basis. Toward that end, it is the purpose of chapter 14 of title 46
				  of the
Louisiana Revised Statutes
to establish statewide
				  minimum standards for the safety and well-being of children and residents, 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.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:477 and
					 R.S.
					 46:1401 et
					 seq.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 71 - Residential Homes-Type IV › Section V-7103 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Legislative
				  Provisions
1. The state of Louisiana,
				  Department of Children and Family Services, is charged with the responsibility
				  of developing and publishing standards for the licensing of residential homes.
a. The licensing authority of the Department
				  of Children and Family Services is established by
				  R.S.
				  46:1401 et seq. and
				  R.S.
				  46:51 which mandate the licensing of all
				  residential homes. A residential home is any place, facility, or home operated
				  by any institution, society, agency, corporation, person or persons, or any
				  other group to provide full-time care, 24 hours per day, for more than four
				  children, who may remain at the facility in accordance with
				  R.S.
				  46:1403.1, who are not related to the
				  operators and, except as provided in this Subparagraph, whose parents or
				  guardians are not residents of the same facility, with or without transfer of
				  custody. However, a child of a person who is a resident of a residential home
				  may reside with that parent at the same facility. The age requirement may be
				  exceeded as stipulated in
				  R.S.
				  46:1403.1 which states that,
				  "...notwithstanding any other provision of law to the contrary, including but
				  not limited to
				  R.S.
				  46:1403(1), a child housed
				  at a residential home may stay at such home for a period not to exceed six
				  months beyond his eighteenth birthday to complete any educational course that
				  he began at such facility, including but not limited to a general education
				  development (GED) course, and any other program offered by the residential
				  home". In addition, the
				  R.S.
				  46:1403.1(B) further
				  stipulates that, "Notwithstanding Subsection A of this Section and any other
				  provision of law to the contrary, including but not limited to
				  R.S.
				  46:1403(1), a child housed
				  at a residential home that does not receive Title IV-E funding pursuant to
				  42
				  USC 670 et seq., may remain at such home
				  until his twenty-first birthday to complete any educational course that he
				  began at such facility, including but not limited to a General Education
				  Development course, and any other program offered by the residential
				  home."
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 71 - Residential Homes-Type IV › Section V-7108 - Corrective Action Plans

Current through Register Vol. 50, No. 6, June 20, 2024
A. A corrective
				  action plan (CAP) shall be submitted for any and all deficiencies noted by
				  Licensing Section staff regarding any licensing law or standard, or any other
				  required statute, ordinance, or standard. The request for submission of the CAP
				  does not restrict the actions which may be taken by DCFS. If the department
				  does not specify an earlier timeframe for submitting the CAP, the CAP shall be
				  submitted within 10 calendar days from the date of the inspection or receipt of
				  the deficiencies, if mailed or emailed. The CAP shall include a description of
				  how the deficiency will be corrected, the date by which correction(s) shall be
				  completed, and outline the steps the provider plans to take in order to prevent
				  further deficiencies from being cited in these areas, and the plan to maintain
				  compliance with the licensing standards. If the CAP is not sufficient and/or
				  additional information is required, the provider shall be notified and informed
				  to submit additional information within 3 calendar days. If it is determined
				  that all areas of noncompliance or deficiencies have not been corrected, the
				  department may revoke the license.
B. Provider may challenge a specific
				  deficiency or any information within a cited deficiency which the provider
				  contends is factually inaccurate. The provider shall have one opportunity to
				  request a review of a licensing deficiency. A statement of why the deficiency
				  is being disputed and supporting documents (if applicable) shall be submitted
				  with the corrective action plan within the timeframe specified for the
				  submission of the CAP.
C. The
				  statement of deficiencies for which a review has been requested will not be
				  placed on the internet for viewing by the public until a decision has been
				  reached. As a result of the licensing deficiency review request, a deficiency
				  may be upheld with no changes, the deficiency may be removed, or the deficiency
				  may be upheld and revised to include pertinent information that was
				  inadvertently omitted. Once a decision has been reached, provider will be
				  informed in writing of the decision and the reason for the decision. If the
				  deficiency or information within the deficiency was cited in error or the cited
				  deficiency is revised by the DCFS Licensing Section staff, provider will
				  receive a revised "statement of deficiencies" with the decision letter. If any
				  enforcement action was imposed solely because of a deficiency or finding that
				  has been deleted through the licensing deficiency review process, the action
				  will be rescinded.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:477 and
					 R.S.46:1401 et
					 seq.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 71 - Residential Homes-Type IV › Section V-7109 - Critical Violations/Fines

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  In accordance with
				  R.S.
				  46:1430, when a provider is cited for
				  violations in the following areas, the department may at its discretion elect
				  to impose sanctions, revoke a license, or both:
1.§7107.A 5-8 and 14,
				  §7107.D.4.f v,
				  §7107.E.2 F,
				  §7111.A.2.c ii,
				  §7111.A.5 b,
				  §7111.B.2.a ii,
				  §7117.A 14.j, and/or
				  7124.A. - G.-criminal background check;
2.§7111.A.9.a i-v, vii, ix,
				  or x-staffing ratios;
3.§7117.F 19-motor vehicle
				  checks;
4.§7111.D.1.a if sections
				  noted in
				  §7111.D.7 also cited or
				  §7111.D.1.b.i if sections
				  noted in
				  §7111.D.7 also cited or
				  §7111.D.2 -critical
				  incident reporting; and/or
5.§7111.A.9.a vi,
				  §7111.A.9.a xi,
				  §7111.A.9.a xiii-xv,
				  §7111.A.4 c,
				  §7123.B 5, or
				  §7123.B 6-supervision.
6.§7107. A 8,
				  §7107.A 9,
				  §7107.D.4.f iv.,
				  §7107. E.2 g,
				  §7111.A.2.c iii,
				  §7111.A.5 c,
				  §7111.B.2.a x,
				  §7112 A-D, and/or
				  §7117.A 14.k state
				  central registry clearance effective August 1, 2021.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 71 - Residential Homes-Type IV › Section V-7110 - Administration and Organization

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  General Requirements
1. Once a residential
				  home provider has been issued a license, the department shall conduct licensing
				  and other inspections at intervals deemed necessary by the department to
				  determine compliance with licensing standards, as well as, other required
				  statutes, laws, ordinances, rules, regulations, and fees. These inspections
				  shall be unannounced.
2. The
				  department may remove any resident, child of a resident, or all residents or
				  children of residents from any facility or agency when it is determined that
				  one or more deficiencies exist within the facility that place the health and
				  well-being of children of residents or residents in imminent danger. The
				  children of residents nor residents shall be returned to the facility until
				  such time as it is determined by the department that the imminent danger has
				  been removed.
3. The provider shall
				  allow representatives of the department in the performance of their mandated
				  duties to inspect all aspects of a program's functioning that impact residents
				  and children of residents and to privately interview any staff member or
				  resident. The department representatives shall be admitted immediately and
				  without delay, and shall be given free access to all relevant files and all
				  areas of a facility, including its grounds. If any portion of a facility is set
				  aside for private use by the facility's owner or staff, department
				  representatives shall be permitted to verify that no residents or children of
				  residents are present in that portion and that the private areas are
				  inaccessible to residents and children of residents. Any area to which
				  residents or children of residents have or have had access is presumed to be
				  part of the facility and not the private quarters of the owner or
				  staff.
4. The provider shall make
				  any information that DCFS requires under the present standards and any
				  information reasonably related to determination of compliance with these
				  standards available to the department.
The resident's rights shall not be considered abridged by
					 this standard.
5. The
				  provider accepting any resident from a state other than Louisiana shall show
				  proof of compliance with the terms of the Interstate Compact on Juveniles, the
				  Interstate Compact on the Placement of Children, and the Interstate Compact on
				  Mental Health. Proof of compliance shall include clearance letters from the
				  compact officers of each state involved.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 71 - Residential Homes-Type IV › Section V-7111 - Provider Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Provider Responsibilities
1. Enrichment
				  Activities. Provider shall assist children of residents and residents at least
				  twice monthly in creating and updating their lifebook. For children of
				  residents and residents that are not developmentally able to participate in the
				  creation and updating of their own lifebook, staff shall create and update for
				  the children and residents.
a. Lifebooks
				  shall be the property of children of residents and residents and shall remain
				  with the child or resident upon discharge.
b. Lifebooks shall be available for review by
				  DCFS.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 71 - Residential Homes-Type IV › Section V-7112 - State Central Registry

Current through Register Vol. 50, No. 6, June 20, 2024
A. - A.2.
				  ...
A. State Central Registry Checks for
				  Owners
1. Prior to May 1, 2019, in accordance
				  with
				  R.S.
				  46:1414.1, all owners and operators
				  affiliated with a facility were required to have on file a state central
				  registry clearance form from child welfare stating that the owners/operators
				  were not listed on the state central registry. No person recorded on any states
				  child abuse and neglect registry with a justified (valid) finding of abuse or
				  neglect of a child shall be eligible to own, operate, or participate in the
				  governance of a residential home.
a. When an
				  individual is listed on the licensing application or the Secretary of States
				  website as an officer and does not have access to children/youth in care or
				  children/youth who receive services from the provider and/or is not present at
				  any time on the facility premises when children/youth are present, a DCFS
				  approved attestation form signed and dated by the individual is acceptable in
				  lieu of a state central registry clearance. The attestation form shall be
				  accepted for a period of one year from the date individual signed attestation
				  form.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 71 - Residential Homes-Type IV › Section V-7113 - Admission and Discharge

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Admission
1. Policies and Procedures
a. The provider shall have and adhere to
				  written policies and procedures that shall include, at a minimum, the following
				  information regarding an admission to the facility:
i. the application process and the possible
				  reasons for rejection of an application;
ii. pre-admission screening
				  assessment;
iii. the age and sex of
				  residents and children of residents to be served;
iv. the needs, problems, situations, or
				  patterns best addressed by the provider's program;
v. criteria for admission;
vi. authorization for care of the resident
				  and child of a resident;
vii.
				  authorization to obtain medical care for the resident and child of a
				  resident;
viii. criteria for
				  discharge;
ix. procedures for
				  insuring that placement within the program are the least restrictive
				  alternative, appropriate to meet the resident's needs.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 71 - Residential Homes-Type IV › Section V-7115 - Resident Protection

Current through Register Vol. 50, No. 6, June 20, 2024
A. Rights
1. Provider Responsibility
a. The provider shall have written policies
				  and procedures that ensure each resident's and child of a residents rights are
				  guaranteed and protected.
b. None
				  of the resident's rights shall be infringed upon or restricted in any way
				  unless such restriction is necessary and indicated in the resident's individual
				  service plan. When individual rights restrictions are implemented, the provider
				  shall clearly explain and document any restrictions or limitations on those
				  rights, the reasons that make those restrictions necessary in the residents
				  individual service plan and the extent and duration of those restrictions. The
				  documentation shall be signed by provider staff, the resident, and the legal
				  guardian(s) or parent(s), if indicated. No service plan shall restrict the
				  access of a resident to legal counsel or restrict the access of state or local
				  regulatory officials to a resident.
c. Residents and children of residents with
				  disabilities have the rights guaranteed to them under the Americans with
				  Disabilities Act (ADA),
				  42 USC §
													12101 et seq., and regulations promulgated
				  pursuant to the ADA, 28 CFR Parts 35 and 36 and  49 CFR Part 37; section 504  of
				  the Rehabilitation Act of 1973, as amended,
				  29 USC §
													794, and regulations promulgated pursuant
				  thereto, including  45 CFR Part 84 . These include the right to receive services
				  in the most integrated setting appropriate to the needs of the individual; to
				  obtain reasonable modifications of practices, policies, and procedures where
				  necessary (unless such modifications constitute a fundamental alteration of the
				  provider's program or pose undue administrative burdens); to receive auxiliary
				  aids and services to enable equally effective communication; to equivalent
				  transportation services; and to physical access to a provider's
				  facilities.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 71 - Residential Homes-Type IV › Section V-7123 - Safety Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. Policies and
				  Procedures
1. The provider shall have and
				  adhere to policies and procedures for an on-going safety program that includes
				  continuous inspection of the facility for possible hazards, continuous
				  monitoring of safety equipment and investigation of all incidents.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 73 - Child Placing Agencies › Section V-7301 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance
				  with
				  R.S.
				  46:1402, 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 insure 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 insure 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 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
				  children and youth are not violated.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:1407(D).
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 73 - Child Placing Agencies › Section V-7309 - Background Checks

Current through Register Vol. 50, No. 6, June 20, 2024
A. Criminal
				  Background Checks-Owners, Foster Care, and Adoption
1. Owners shall have a fingerprint based
				  criminal background check from the Louisiana State Police on file with the
				  child-placing agency in accordance with
				  R.S.
				  46:51.2 and
				  15:587.1.
				  If an individual has previously obtained a certified copy of their criminal
				  background check from the Louisiana State Police, such certified copy shall be
				  acceptable as meeting the CBC requirements. If an owner obtains a certified
				  copy of their criminal background check from the Louisiana State Police, this
				  criminal background check shall be accepted for a period of one year from the
				  date of issuance of the certified copy. This certified copy shall be kept on
				  file at the facility. Prior to the one-year expiration of the certified
				  criminal background check, a new fingerprint-based satisfactory criminal
				  background check shall be obtained from Louisiana State Police. If the
				  clearance is not obtained prior to the one-year expiration of the certified
				  criminal background check, the owner is no longer allowed on the premises until
				  a clearance is received.
a. This check shall
				  be obtained prior to the license being issued, 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 children/youth.
b. No person shall own, operate, or
				  participate in the management or governance of a child-placing agency until
				  such person has submitted his or her fingerprints to Louisiana State Police 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).
c. No person who has been convicted of, or
				  pled guilty or nolo contendere to any offense included in
				  R.S.
				  15:587.1(C), shall own,
				  operate, or participate in the management or governance of a child-placing
				  agency.
d. 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.
e. Only
				  certified CBCs obtained by the individual for themselves from LSP are
				  transferable from one owner to another owner.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 73 - Child Placing Agencies › Section V-7313 - Administration and Operation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Department Access-Foster Care, Adoption, Transitional Placing
1. Once a child-placing agency provider has
				  been issued a license, the department shall conduct licensing and other
				  inspections at intervals deemed necessary by the department to determine
				  compliance with licensing standards, as well as, other required statutes, laws,
				  ordinances, rules, regulations, and fees. These inspections shall be
				  unannounced.
2. The department
				  shall remove any child/youth or all children/youth from any provider or
				  certified home when it is determined that one or more deficiencies exist that
				  place the health and well-being of children/youth in imminent danger. The
				  children/youth shall not be returned to the provider until such time as it is
				  determined by the department that the imminent danger has been
				  removed.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 73 - Child Placing Agencies › Section V-7314 - Criminal Background Checks

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Criminal Background Checks for Staff and Volunteers-Foster Care and Adoption
1. Prior to employment, staff (paid and
				  non-paid) record shall contain satisfactory fingerprint-based Louisiana State
				  Police check.
a. Staff shall have a criminal
				  background check on file with the child-placing agency in accordance with
				  R.S.15:587.1
				  and R.S 46:51.2. If an individual has previously obtained a certified copy of
				  their criminal background check from the Louisiana State Police, such certified
				  copy shall be acceptable as meeting the CBC requirements. This certified copy
				  of the criminal background check shall be accepted for a period of one year
				  from the date of issuance of the certified copy. This certified copy shall be
				  kept on file at the facility. Prior to the one-year expiration of the certified
				  criminal background check, a new fingerprint-based satisfactory criminal
				  background check shall be obtained from Louisiana State Police. If the
				  clearance is not obtained prior to the one-year expiration of the certified
				  criminal background check, the staff is no longer allowed on the premises until
				  a clearance is received.
b. This
				  check shall be obtained prior to the individual being hired, present on the
				  premises, or having access to children/youth.
c. No person shall be hired or present on the
				  premises of the child-placing agency until such person has submitted his or her
				  fingerprints to the Louisiana State Police 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).
d. No person who has been convicted of, or
				  pled guilty or
nolo contendere
to any offense included in
				  R.S.
				  15:587.1(C), shall be hired
				  by, continue employment, or be present in any capacity on the premises of the
				  child-placing agency.
e. Any
				  employee who is convicted of, or pled guilty or
nolo
				  contendere
to any crime listed in
				  R.S.
				  15:587.1(C) shall not
				  continue employment after such conviction, guilty plea, or plea of
nolo
				  contendere.
f. For staff
				  hired effective April 1, 2019, CBCs shall be dated no earlier than 45 days of
				  the individual being hired, being present on the premises, or having access to
				  children/youth.
g. Only certified
				  CBCs obtained by the individual for themselves from L SP are transferable from
				  one owner to another owner.
h. A
				  fingerprint-based criminal background check through the FBI as required in
				  §7314.C and §7314.D is acceptable in lieu of a fingerprint-based check from the
				  Louisiana State Police for staff (paid and non-paid) in foster care and
				  adoption programs.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 73 - Child Placing Agencies › Section V-7316 - DCFS Certified Relative/Kinship Foster Homes

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
				  federal law 88 FR 66700,
				  Sections
				  7315.A 1-10,
				  7515.A.12-14, 7315.B.-C., 7315.E.1.k, 7315.E.4-5, 7315.F.12, 7315.G.1-4,
				  7315.G.10-15, 7315.N, 7315.P.-R. shall not apply to relative/kinship family
				  homes as defined by child welfare policy and certified by DCFS for foster
				  placement. These homes shall only be required to follow the certification
				  standards detailed in child welfare policy.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 36:477 and
					 R.S.
					 46:1401 et
					 seq.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 73 - Child Placing Agencies › Section V-7317 - Interstate Compact on the Placement of Children (ICPC)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Provider shall have documentation of
				  approval from the administrator of the Louisiana Interstate Compact on the
				  Placement of Children (ICPC) prior to sending a child to another state for
				  foster/adoptive services. No placement shall occur without prior approval from
				  the compact administrator in Louisiana.
B. Provider shall have documentation of
				  approval from the administrator of the Louisiana ICPC prior to receiving a
				  child from another state for foster/adoptive services. No placement shall occur
				  without prior approval from the compact administrator in Louisiana.
C. A child adopted through the court of
				  jurisdiction in a foreign country or entering Louisiana directly from the
				  foreign country for purposes of adoption are not subject to the Interstate
				  Compact on the Placement of Children.
D. Upon placement of a child in Louisiana,
				  provider shall follow all child-placing agency standards.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:1407(D).
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 73 - Child Placing Agencies › Section V-7319 - Foster Care Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Types
				  of Foster Care Services
1. The provider may
				  offer any or all of the following types of services in an approved foster home:
a. foster care services;
b. therapeutic foster care services;
				  and/or
c. respite care
				  services.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 73 - Child Placing Agencies › Section V-7323 - Transitional Placing Program

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  General Requirements
1. The provider shall
				  have a written program description describing:
a. the overall philosophy of independent
				  living;
b. the long-term and
				  short-term goals for youth; and
c.
				  admission criteria.