Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 71 - Residential Homes-Type IV › Section V-7107 - Licensing Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  General Provisions
1. New buildings shall be
				  designed to appear physically harmonious with the neighborhood in which they
				  are located considering such issues as scale, appearance, density, and
				  population. A residential home shall not occupy any portion of a building
				  licensed by another agency. A residential home shall be a self-contained
				  facility. The mixing of differing populations is prohibited.
2. Before beginning operation, it is
				  mandatory to obtain a license from the department.
3. All new construction or renovation of a
				  facility requires approval from agencies listed in Subparagraphs B.2.b-f of
				  this Section.
4. In addition, all
				  facilities shall comply with the requirements of the Americans with
				  Disabilities Act,
				  42 USC §
												12101 et seq. (ADA).
5. Owners shall have a fingerprint-based
				  criminal background check through the Federal Bureau of Investigation (FBI) on
				  file with the residential home as noted in §7124. A or §7124 B, as applicable
				  and 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.
6. CBCs/attestation forms shall be dated
				  prior to the date the initial license is issued, but no earlier than 45 days
				  prior to the initial application being received by the Licensing
				  Section.
7. 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 children/youth are present, a DCFS approved
				  attestation form signed and dated by the individual is acceptable in lieu of a
				  satisfactory fingerprint-based CBC from LSP through the Federal Bureau of
				  Investigation (FBI).
The attestation form shall be accepted for a period of one
					 year from the date individual signed attestation form.
8. A new Federal Bureau of Investigation
				  (FBI) criminal background clearance and Louisiana State Central Registry
				  clearance are required if an individual is terminated, resigns, or no longer
				  provides services for longer than one 24-hour period and is then re-instated.
9. Documentation of a state
				  central registry clearance as required in §7112
10. Providers and staff shall not permit an
				  individual convicted of a sex offense as defined in
				  R.S.
				  15:541 to have physical access to a
				  residential home as defined in
				  R.S.
				  46:1403.
11. The owner or program director of a
				  residential home shall be required to call and notify law enforcement personnel
				  and the Licensing Section management staff if they have knowledge that a
				  registered sex offender is on the premises of the residential home. The verbal
				  report shall be followed by a written report to the Licensing Section within 24
				  hours.
12. The owner or director of
				  a residential home shall be required to call and notify law enforcement
				  personnel if they have knowledge that a registered sex offender is within 1,000
				  feet of the residential home as required by R.S 14:91.1. The verbal report
				  shall be followed by a written report to the Licensing Section within 24
				  hours.
13. Providers with live-in
				  staff may allow children of staff members to reside with their parents in the
				  private staff quarters of the residential home.
14. Provider nor staff shall permit a
				  resident, age 18 years or older, that has been convicted of, pled guilty, or
				  nolo contendere to any offense listed in
				  R.S.
				  15:587.1. or to any offense involving a
				  juvenile victim to remain on the premises of the residential home.
15. The email address provided to the
				  Licensing Section on the licensing application is the official email address
				  unless the provider subsequently submits written notification of a change of
				  email address to the Licensing Section and the request is acknowledged as
				  received by licensing staff.