reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6921 - Work

Current through Register Vol. 50, No. 6, June 20, 2024
A. Children may be
				  required to participate in cleaning duties in areas used by them.
B. Children shall not be allowed to clean
				  areas not used by them, to perform personal services to staff, not be used to
				  replace employed staff.
C. Children
				  shall be allowed to work in the area of food preparation.
D. Under no circumstances shall a child be
				  removed from detention in order to perform work in any other area.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:51,
					 46:1401-1424.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6923 - Discipline

Current through Register Vol. 50, No. 6, June 20, 2024
A. Written rules of
				  conduct prohibited within the facility and a schedule of appropriate
				  disciplinary action to be taken for infractions shall be developed for each
				  detention facility. They shall be made available for the detained children to
				  read and for inspection by appropriate persons who have the responsibility for
				  monitoring the facility. All staff members with authority to discipline the
				  detained children shall be required to strictly adhere to these
				  regulations.
B. Written policy and
				  procedure shall insure that prior to privilege suspension the juvenile has the
				  reason for the restriction explained to him/ her, and is afforded an
				  opportunity to explain the behavior leading to suspension.
C. Each disciplinary action which results in
				  a loss of privileges for a juvenile shall be recorded preferably in a log, and
				  in the affected child's record. Such record shall be monitored by the
				  administrator.
D. Corporal
				  punishment, defined as slapping, kicking, hitting, arm twisting, hair pulling
				  or and other act intended to cause physical pain to the child, shall not be
				  used. Only the minimum force needed to subdue a child who is out of control
				  shall be used.
E. Isolation,
				  defined as removal from peer contact by sight and sound, shall be used only
				  when other alternatives have failed, when he/she is a threat to him/herself or
				  others, when the child continually refuses to obey reasonable rules, or upon
				  return from escape.
1. Room confinement by
				  staff members should be for the minimum amount of time to effect control or a
				  change of attitude and in no case shall be for more than 24 hours including
				  sleeping time, in a 48 hour period, and only then when severe discipline
				  appears to be warranted. The detention home administrator may extend the
				  isolation period in extreme circumstance.
2. If the child is in an emotional state,
				  he/she shall be observed at least each half hour. In other instances when
				  isolation is used, a child shall be observed at least every hour. A record of
				  the staff member's observation shall be kept.
3. Any room used for isolation shall be
				  lighted, safe, and comfortable with a means for outside communication in case
				  of need.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6925 - Visitation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Under no
				  condition shall the child's attorney, probation officer, social worker, or
				  other involved professional be denied the right to visit the child except as
				  prohibited by court order.
B. Each
				  detention facility shall develop written visitation policies which allow for
				  reasonable visiting times for parents/guardians and clergy. These shall be made
				  available to the child and parents/guardians as soon as possible after
				  admission.
1. Attorneys, probation officers,
				  social workers, or other involved professionals shall not be confined to these
				  hours, though they may be requested to visit at such times that will not
				  interfere with meals or sleep.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6927 - Correspondence

Current through Register Vol. 50, No. 6, June 20, 2024
A. Under no
				  condition shall a child be denied mail from his/her parents or guardians,
				  attorney, social worker, or other professional. Such incoming mail shall not be
				  opened by any employee except in the presence of the child receiving the mail
				  to determine the presence of contraband; nor shall the employee read such mail
				  unless requested to do so by the child.
B. Children shall be provided writing
				  materials and postage for purposes of correspondence to parents or guardians,
				  attorney, probation officer, social worker, or other involved professionals,
				  member of clergy, public officials, and jurisdictional judges. Such outgoing
				  mail shall not be read or censored by an employee. Mail may be examined for
				  contraband.
C. An opportunity to
				  write letters as provided in Subsection B above, shall be provided on a
				  reasonable basis.
D. Children
				  should be allowed to send and receive personal correspondence from friends and
				  relatives on a reasonable basis. This correspondence may be read by the
				  detention administrator or his designee, but may not be withheld except for
				  security reasons. The child shall be notified if outgoing mail is withheld and
				  the reason. In any case, written policy and procedure shall require that
				  incoming and outgoing mail shall not be held for more than 24 hours. Postage
				  for personal correspondence may be provided by the detention center.
E. All cash sent to juveniles shall be
				  retained for the juveniles and held for them in accordance with procedures of
				  the facility.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:51,
					 46:1401-1424.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6929 - Safety

Current through Register Vol. 50, No. 6, June 20, 2024
A. Children shall
				  not have access to any sharp or dangerous instrument such a razors, knives,
				  scissors, tools, and other instruments except as they may be used for a
				  specific purpose. When not in use they shall be kept under lock in an area
				  inaccessible to children.
B. Drugs
				  and medication shall be kept under double lock and key.
C. Cleaning supplies, poisons, and any other
				  substance that could be inhaled or ingested to the detriment of the child shall
				  be kept in an area inaccessible to the child.
D. Every precaution shall be used to
				  eliminate any potential hazard which may place any child or staff member in
				  danger of injury.
E. A plan of
				  evacuation in case of fire, flood, or other disaster shall be developed and
				  posted. This should be done in cooperation with local agencies such as fire
				  department and civil defense agencies. Staff members shall periodically
				  practice evacuation drills at least quarterly.
F. As required in the Life Safety Code,
				  Articles 10-3141 and 10-3142:
1. reliable
				  means shall be provided to permit the prompt release of juveniles confined in
				  locked sections, spaces, or rooms in the event of fire or other
				  emergency;
2. prompt release from
				  secure areas shall be guaranteed on a 24 hour basis by sufficient personnel
				  with ready access to keys.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6931 - Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A. Staff
				  Composition
1. There shall be a competent
				  staff of administrative, supervisory, and maintenance personnel sufficient in
				  number to provide for safety and constant supervision of all children under
				  care.
2. All personnel in direct
				  contact with juveniles, regardless of the nature of their jobs, should be
				  carefully selected with regard to their emotional maturity, personal
				  qualifications suitable for working with disturbed children and youth, and
				  special training and skills required for the position.
3. As defined in local statutes, a criminal
				  record check shall be conducted on all new employees to ascertain whether there
				  are criminal acts which have a specific relationship to job
				  performance.
4. All personnel shall
				  be required to pass a complete physical examination conducted by a licensed
				  physician prior to employment.
a. All
				  applicants must be found to be physically fit to perform detention duties by a
				  licensed physician and no person shall be hired who has a communicable disease
				  until he is free from disease.
b.
				  Any employee found to be suffering from a communicable disease shall be
				  temporarily relieved from duty until he provides certification form a licensed
				  physician that he is free from the disease.
5. Staff Child Ratio
a. During waking hours there shall be a
				  minimum ratio of one staff person per each eight children.
b. During sleeping hours there shall be a
				  minimum ratio of one person per each 16 children.
c. The staff included in these ratios may
				  include paid child-care and program staff, but shall not include maintenance,
				  janitorial, clerical, food service, laundry workers, and other similar support
				  classifications.
6.
				  Whenever children are detained there shall be a sufficient number of employees
				  present, awake and on duty, for the purpose of supervising the activities of
				  children and to insure their presence and safety.
7. A female staff member shall always be on
				  duty when and where girls are detained and shall always accompany male staff
				  entering girls' quarters; a male staff member shall always be on duty when and
				  where males are detained and shall always accompany female staff entering boys'
				  quarters.
8. Each facility shall
				  establish a regular work week for all employees.
9. No child-care or support staff shall live
				  in the detention facility.
10.
				  There shall be on duty at all times an adult, who, by definition of job or
				  delegated authority, is responsible for the administration of the
				  facility.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6933 - Qualifications of Staff

Current through Register Vol. 50, No. 6, June 20, 2024
A. None of the
				  personnel provisions in this standard shall be interpreted to disqualify any
				  person now employed on regular basis in any juvenile detention center upon the
				  effective date of ratification of these standards.
1. Detention Director. Any person whose
				  full-time employment is that of administrative responsibility for daily
				  operation of the facility:
a. this position
				  shall be filled by a person having a minimum of a baccalaureate degree in one
				  of the social, behavioral, or administrative sciences or a related field from
				  an accredited college or university, and when possible, by a person with
				  graduate training;
b. the detention
				  director shall also have not less than three years of experience, including
				  experience working with juveniles and/or staff supervision and administration
				  of a detention program.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6935 - Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The duties,
				  responsibilities, and authority of established positions in a detention
				  facility shall be clearly defined in writing.
B. The facility shall comply with all
				  governmental regulatory requirements relating to employment and personnel
				  practices.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:51,
					 46:1401-1424.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6937 - Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. The agency shall
				  provide at least 40 hours of orientation for all new direct child-care staff
				  prior to job assignment. The orientation shall provide training which relates
				  to the specific job function for which the employee was hired as well as
				  relating to the needs of the children.
B. A minimum of 15 hours of continuing
				  training shall be offered to and required of all staff each year. This training
				  shall be job-related.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:51,
					 46:1401-1424.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6939 - Volunteers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Written policy
				  and procedure shall specify the lines of authority, responsibility, and
				  accountability for the volunteer service program, if applicable.
B. There shall be a staff member who is
				  responsible for administering the volunteer services program.
C. Volunteers who serve in a detention center
				  shall be carefully screened by the agency.
D. The agency administration or the parent
				  agency shall provide against liability or tort claims in the form of insurance,
				  signed waivers, or other legal provisions, valid in the jurisdiction in which
				  the program is located.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:51,
					 46:1401-1424.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6941 - Physical Plant

Current through Register Vol. 50, No. 6, June 20, 2024
A. Site selection
				  for new construction of juvenile detention centers.
1. The site selected for a juvenile detention
				  center shall meet all requirements and/or have the approval of the Department
				  of Health and Human Resources, local zoning boards, parish and municipal
				  governing bodies or commissions, and other responsible local bodies.
2. The site selected shall serve a geographic
				  region combining the maximum detainable population (juvenile delinquents) with
				  the minimal amount of travel time for courts, attorneys, law enforcement
				  officials, and families of the detained juveniles.
3. The site shall permit ready accessibility
				  to the juvenile courts, law enforcement, and legal services.
4. The site location shall be reasonably
				  accessible to parents and family members by available public
				  transportation.
5. The site
				  location shall be reasonably accessible to emergency medical, fire, and law
				  enforcement services.
6. The site
				  locale shall be reasonably accessible to support services such as trash
				  pick-up, laundry services, and food delivery.
7. A site shall be selected that is serviced
				  by an existing road or highway from the existing transportation
				  network.
8. A site shall be
				  selected that will be, or is already provided power, water, telephone, and
				  other utility services by the appropriate utility companies.
9. The site should be located so that there
				  is a maximum travel time of 60 minutes to the detention center from a majority
				  of the home communities of the juvenile detained.
10. The site selected should avoid a
				  depressed area, industrial tract or general shopping section.
11. The site shall avoid proximity to a jail
				  or adult correctional facility or contiguity to any building except the
				  juvenile court.
12. The site shall
				  be large enough to provide an outdoor recreation area for the maximum capacity
				  of children.
13. The site shall be
				  located so as to prevent juveniles from seeing or being seen by passers-by
				  except at a remote distance.
14.
				  The site shall permit adequate space for staff and visitor parking.
15. The site located shall take into
				  consideration future development options. Specifically, it shall:
a. assure privacy against future encroachment
				  by new construction on adjacent properties;
b. permit possible future expansion of
				  detention or erection of juvenile court facilities.
16. Community involvement in site-selection
				  should be encouraged.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6943 - Design

Current through Register Vol. 50, No. 6, June 20, 2024
A. Design should be
				  single-story buildings, not institutional or jail-like in appearance, and
				  providing necessary security. All areas used by children, such as sleeping,
				  eating and other activity areas, shall be restricted to the ground
				  level.
B. The facility should be
				  designed to include features of visibility and control, flexibility in use of
				  rooms, ease of maintenance, ease of communication with children, and a bright
				  and cheerful setting.
C. The design
				  shall include separate specific areas for administering education, intake,
				  storage, inside recreation, interviewing or counseling, health care, dining,
				  cooking, visiting, showering, and sleeping.
D. The sleeping area shall not be designed as
				  cells or dormitories.
1. A single occupancy
				  room without wash basin and toilet shall be at least 70 square feet, finished
				  dimensions.
2. A double occupancy
				  room without wash basin and toilet shall be at least 80 square feet, finished
				  dimensions.
3. A double occupancy
				  room with wash basin and toilet shall be at least 80 square feet, finished
				  dimensions.
4. A single occupancy
				  room with wash basin and toilet within the room is preferred.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6945 - Construction

Current through Register Vol. 50, No. 6, June 20, 2024
A. All materials
				  used in construction of detention centers shall meet the requirements of the
				  state building code, life safety code and other applicable codes.
B. All construction materials used shall be
				  fire-resistive.
C. The exterior
				  walls and roof shall be reinforced concrete, masonry, or other similar
				  hard-surface materials.
D. The
				  interior wall in areas used by children shall be reinforced concrete, cement
				  masonry or brick or other hard-surface material. Wall surfaces should have a
				  hard, washable surface.
E. The
				  floors shall consist of concrete, finished or smooth, and/or terrazzo and/or
				  quarry tile and/or (in areas other than sleeping quarters) a durable, easily
				  cleaned floor tile.
F. The ceiling
				  shall consist of reinforced concrete, either finished or smooth, and/or steel
				  or other similar hard surface materials.
G. Glass used in construction shall be heavy
				  safety or high tempered glass, Plexiglas, or Lexan and shall be properly
				  installed.
1. All windows in sleeping room
				  shall be institutional security/type sash with mesh detention screens of the
				  best obtainable quality, mounted flush with inside wall. Such screens should
				  withstand a pressure of at least 800 pounds per square inch.
2. All windows which open should be operated
				  by a removable crank.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 69 - Juvenile Detention Centers › Section I-6947 - Security

Current through Register Vol. 50, No. 6, June 20, 2024
A. All areas in
				  which detained children will be present shall be secure. The entire facility,
				  including space not generally used by children, should be secure.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:51,
					 46:1401-1424.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter A - General Provisions › Section I-7201 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules and
					 regulations contain the minimum licensure standards for forensic supervised
					 transitional residential and aftercare (FSTRA) facilities, pursuant to R.S.
					 28:31-28:37. These licensing regulations contain core requirements as well as
					 module specific requirements, depending upon the services provided by the
					 forensic supervised transitional residential and aftercare facility. The
					 modules to be licensed under a FSTRA license are:
1. secure community supervised
					 transitional/residential facility; and
2. secure forensic facility.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter A - General Provisions › Section I-7205 - Licensing Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
					 person or entity applying for a FSTRA license shall meet all of the core
					 licensing requirements contained in this Subchapter as well as module specific
					 requirements, unless otherwise specifically noted herein.
B. All facilities providing forensic
					 supervised transitional residential and aftercare services shall be licensed by
					 the department. A FSTRA facility shall not be established, opened, operated,
					 managed, maintained or conducted in this state without a license issued by the
					 Department of Health. Each facility shall be separately licensed.
C. The Department of Health is the only
					 licensing authority for FSTRA facilities in the state of Louisiana. It shall be
					 unlawful to operate a FSTRA facility without possessing a current, valid
					 license issued by the department.
D. Each FSTRA license shall:
1. be issued only to the person or entity
					 named in the license application;
2. be valid only for the facility to which it
					 is issued and only for the specific geographic address of that
					 facility;
3. be valid for one year
					 from the date of issuance, unless revoked, suspended or modified prior to that
					 date, or unless a provisional license is issued;
4. expire on the last day of the twelfth
					 month after the date of issuance, unless timely renewed by the
					 facility;
5. not be subject to
					 sale, assignment, donation or other transfer, whether voluntary or involuntary;
					 and
6. be posted in a conspicuous
					 place on the licensed premises at all times.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter A - General Provisions › Section I-7206 - Waivers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The secretary of
					 the department may, within his/her sole discretion, grant waivers to building
					 and construction guidelines or requirements, and to provisions of the licensing
					 rules involving the clinical operation of the forensic supervised transitional
					 residential and aftercare (FSTRA) facility. The FSTRA facility shall submit a
					 waiver request in writing to the licensing section of the department on forms
					 prescribed by the department.
B. In
					 the waiver request, the FSTRA facility shall demonstrate the following:
1. how resident health, safety, and welfare
					 will not be compromised if such waiver is granted;
2. how the quality of care offered will not
					 be compromised if such waiver is granted; and
3. the ability of the FSTRA facility to
					 completely fulfill all other requirements of the service, condition, or
					 regulation.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter A - General Provisions › Section I-7207 - Initial Licensing Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. An initial application for licensing as a
					 FSTRA facility shall be obtained from the department. A completed initial
					 license application packet for a facility shall be submitted to and approved by
					 the department prior to an applicant providing services. An applicant shall
					 submit a completed initial licensing packet to the department, which shall
					 include:
1. a completed facility licensure
					 application and the non-refundable licensing fee as established by
					 statute;
2. a copy of the approval
					 letter of the architectural facility plans from the Office of the State Fire
					 Marshal and any other office/entity designated by the department to review and
					 approve the facilitys architectural plans;
3. a copy of the on-site inspection report
					 with approval for occupancy by the Office of the State Fire Marshal;
4. a copy of the health inspection report
					 with approval of occupancy from the Office of Public Health;
5. a copy of the statewide criminal
					 background checks on the following persons:
a. all individual owners with a 5 percent or
					 more ownership interest in the FSTRA facility entity;
b. facility administrators; and
c. members of the facilitys board of
					 directors, if applicable;
6. proof of financial viability, comprised of
					 the following:
a. a line of credit issued
					 from a federally insured, licensed lending institution in the amount of at
					 least $50,000;
i. any state agency operating
					 a FSTRA facility, or any entity operating a facility pursuant to a cooperative
					 endeavor agreement (CEA) with a state agency, shall be exempted from the line
					 of credit requirement;
b. general and professional liability
					 insurance of at least $300,000; and
c. workers compensation insurance;
7. if applicable, clinical
					 laboratory improvement amendments (CLIA) certificate or CLIA certificate of
					 waiver;
8. a letter-sized floor
					 sketch or drawing of the premises to be licensed; and
9. any other documentation or information
					 required by the department for licensure.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter A - General Provisions › Section I-7209 - Types of Licenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 department shall have the authority to issue the following types of licenses.
1. Full Initial License. The department shall
					 issue a full license to the facility when the initial licensing survey finds
					 that the facility is compliant with all licensing laws and regulations, and is
					 compliant with all other required statutes, laws, ordinances, rules,
					 regulations, and fees. The license shall be valid until the expiration date
					 shown on the license unless the license is modified, revoked, or
					 suspended.
2. Provisional Initial
					 License. The department shall issue a provisional initial license to the
					 facility when the initial licensing survey finds that the facility is
					 noncompliant with any licensing laws or regulations or any other required
					 statutes, laws, ordinances, rules, regulations or fees, but the department
					 determines that the noncompliance does not present a threat to the health,
					 safety or welfare of the individuals receiving services. The provisional
					 license shall be valid for a period not to exceed six months.
3. Full Renewal License. The department shall
					 issue a full renewal license to an existing licensed facility which is in
					 substantial compliance with all applicable federal, state, departmental and
					 local statutes, laws, ordinances, rules, regulations and fees. The license
					 shall be valid until the expiration date shown on the license unless the
					 license is modified, revoked, or suspended.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter A - General Provisions › Section I-7211 - Licensing Surveys

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to the
					 initial license being issued to the facility, an initial licensing survey shall
					 be conducted on-site at the facility to assure compliance with licensing
					 standards. The facility shall not provide services until the initial licensing
					 survey has been performed and the facility found in compliance with the
					 licensing standards. The initial licensing survey shall be an announced
					 survey.
B. In the event that the
					 initial licensing survey finds that the facility is compliant with all
					 licensing laws, regulations and other required statutes, laws, ordinances,
					 rules, regulations, and fees, the department shall issue a full license to the
					 facility.
C. In the event that the
					 initial licensing survey finds that the facility is noncompliant with any
					 licensing laws or regulations, or any other required statutes, laws,
					 ordinances, rules or regulations, that present a potential threat to the
					 health, safety, or welfare of clients, the department shall deny the initial
					 license.
D. Once an initial license
					 has been issued, the department shall conduct licensing and other surveys at
					 intervals deemed necessary by the department to determine compliance with
					 licensing standards and regulations, as well as other required statutes, laws,
					 ordinances, rules, regulations, and fees. These surveys shall be
					 unannounced.
E. A follow-up survey
					 may be conducted for any survey where deficiencies have been cited to ensure
					 correction of the deficient practices.
1. An
					 acceptable plan of correction may be required from a facility for any survey
					 where deficiencies have been cited.
2. If deficiencies have been cited,
					 regardless of whether an acceptable plan of correction is required, the
					 department may issue appropriate sanctions, including, but not limited to:
a. civil monetary penalties;
b. directed plans of correction;
c. license revocations; and
d. denial of license renewal.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter A - General Provisions › Section I-7213 - Changes in Licensee Information or Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A. A facility license shall be valid only for
					 the person or entity named in the license application and only for the specific
					 geographic address listed on the license application.
B. Any change regarding the facility name,
					 "doing business as" name, mailing address, phone number, or any combination
					 thereof, shall be reported in writing to the department within five days of the
					 occurrence. Any change regarding the facility name or "doing business as" name
					 requires a change to the facility license and the required fee for the
					 reissuance of an amended license.
C. Any change regarding the facilitys key
					 administrative personnel shall be reported in writing to the department within
					 five days of the change.
1. Key
					 administrative personnel include the administrator, physician/psychiatrist and
					 the registered nurse supervisor.
2.
					 The facilitys notice to the department shall include the individual's:
a. name;
b. facility address;
c. hire date; and
d. qualifications.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter A - General Provisions › Section I-7215 - Renewal of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. License
					 Renewal Application. The facility shall submit a completed license renewal
					 application packet to the department at least 30 days prior to the expiration
					 of the existing current license. The license renewal application packet shall
					 include:
1. the license renewal
					 application;
2. a copy of the
					 current on-site inspection with approval for occupancy from the Office of the
					 State Fire Marshal;
3. a copy of
					 the current on-site inspection report with approval of occupancy from the
					 Office of Public Health;
4. proof
					 of financial viability, comprised of the following:
a. a line of credit issued from a federally
					 insured, licensed lending institution in the amount of at least $50,000; any
					 state agency operating a FSTRA facility, or any entity operating a FSTRA
					 facility pursuant to a CEA with a state entity, shall be exempt from the line
					 of credit requirement;
b. general
					 and professional liability insurance of at least $300,000; and
c. workers compensation insurance;
5. the license renewal fee;
					 and
6. any other documentation
					 required by the department.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter A - General Provisions › Section I-7217 - Denial of License, Revocation of License, Denial of License Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance
					 with the provisions of the Administrative Procedure Act, the department may:
1. deny an application for a
					 license;
2. deny a license renewal;
					 or
3. revoke a license.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter A - General Provisions › Section I-7219 - Notice and Appeal of License Denial, License Revocation and Denial of License Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice of a
					 license denial, license revocation or denial of license renewal shall be given
					 to the provider in writing.
B. A
					 facility has a right to an informal reconsideration of the license denial,
					 license revocation or denial of license renewal. There is no right to an
					 informal reconsideration of a voluntary non-renewal or surrender of a license
					 by the facility.
1. The facility shall
					 request the informal reconsideration within 15 calendar days of the receipt of
					 the notice of the license denial, license revocation or denial of license
					 renewal. The request for informal reconsideration shall be in writing and shall
					 be forwarded to the departments Health Standards Section.
2. The request for informal reconsideration
					 shall include any documentation that demonstrates that the determination was
					 made in error.
3. If a timely
					 request for an informal reconsideration is received by the Health Standards
					 Section, an informal reconsideration shall be scheduled and the facility will
					 receive written notification of the date of the informal
					 reconsideration.
4. The facility
					 shall have the right to appear in person at the informal reconsideration and
					 may be represented by counsel.
5.
					 Correction of a violation or deficiency which is the basis for the denial,
					 revocation or denial of license renewal shall not be a basis for
					 reconsideration.
6. The informal
					 reconsideration process is not in lieu of the administrative appeals
					 process.
7. The facility will be
					 notified in writing of the results of the informal reconsideration.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter A - General Provisions › Section I-7223 - Statement of Deficiencies

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 following statements of deficiencies issued by the department to a facility
					 shall be posted in a conspicuous place on the licensed premises:
1. the most recent annual survey statement of
					 deficiencies; and
2. any subsequent
					 complaint survey statement of deficiencies.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter A - General Provisions › Section I-7225 - Cessation of Business

Current through Register Vol. 50, No. 6, June 20, 2024
A. A cessation
					 of business or closure is deemed to be effective the date on which the facility
					 stops providing services to the community or residents.
1. Except as provided in §7227 and
					 §7228 of this Chapter, a license shall be immediately null and void if a
					 FSTRA ceases to operate.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter A - General Provisions › Section I-7227 - Temporary Inactivation of a License Due to a Declared Disaster or Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 facility licensed in a parish which is the subject of an executive order or
					 proclamation of emergency or disaster issued in accordance with
					 R.S.
					 29:724 or
					 R.S.
					 29:766 may seek to inactivate its license for
					 a period not to exceed one year, provided that the following conditions are
					 met:
1. the facility shall submit written
					 notification to the Health Standards Section within 60 days of the date of the
					 executive order or proclamation of emergency or disaster that:
a. the facility has experienced an
					 interruption in the provisions of services as a result of events that are the
					 subject of such executive order or proclamation of emergency or disaster issued
					 in accordance with
					 R.S.
					 29:724 or
					 R.S.
					 29:766;
b. the facility intends to resume operation
					 as a FSTRA facility in the same service area;
c. includes an attestation that the emergency
					 or disaster is the sole casual factor in the interruption of the provision of
					 services;
d. includes an
					 attestation that all clients have been properly discharged or transferred to
					 another facility; and
e. provides a
					 list of all clients and to where each client has been discharged or
					 transferred;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter A - General Provisions › Section I-7228 - Inactivation of License due to Non-Declared Emergency or Disaster

Current through Register Vol. 50, No. 6, June 20, 2024
A. A FSTRA in an
					 area or areas which have been affected by a non-declared emergency or disaster
					 may seek to inactivate its license, provided that the following conditions are
					 met:
1. the FSTRA shall submit written
					 notification to the Health Standards Section within 30 days of the date of the
					 non-declared emergency or disaster stating that:
a. the FSTRA has experienced an interruption
					 in the provisions of services as a result of events that are due to a
					 non-declared emergency or disaster;
b. the FSTRA intends to resume operation as a
					 FSTRA in the same service area;
c.
					 the FSTRA attests that the emergency or disaster is the sole causal factor in
					 the interruption of the provision of services; and
d. the FSTRAs initial request to inactivate
					 does not exceed one year for the completion of repairs, renovations, rebuilding
					 or replacement of the facility.
NOTE: Pursuant to these provisions, an extension of the
						30-day deadline for initiation of request may be granted at the discretion of
						the department.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter A - General Provisions › Section I-7229 - Temporary Inactivation of Licensed FSTRA Beds Due to Major Alterations

Current through Register Vol. 50, No. 6, June 20, 2024
A. A FSTRA which is
					 undergoing major alterations to its physical plant may request a temporary
					 inactivation of a certain number of licensed beds providing that:
1. The FSTRA submits a written request to the
					 licensing agency of the department seeking temporary inactivation of a certain
					 number of its licensed bed capacity. Such written request shall include the
					 following:
a. that the FSTRA has experienced
					 or will experience a temporary interruption in the provisions of services to
					 its licensed bed capacity as a result of major alterations;
b. an attestation that the renovations are
					 the sole causal factor in the request for temporary inactivation of a certain
					 number of its licensed beds;
c. the
					 anticipated start date of the temporary inactivation of a certain number of
					 licensed beds;
d. the anticipated
					 end date of the temporary inactivation of a certain number of licensed beds;
					 and
e. the number of licensed beds
					 requested to be inactivated temporarily;
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter B - Administration and Organization › Section I-7231 - Governing Body

Current through Register Vol. 50, No. 6, June 20, 2024
A. A FSTRA shall
					 have an identifiable governing body with responsibility for, and authority
					 over, the policies and activities of the program/facility.
B. A FSTRA shall have documents identifying
					 the following information regarding the governing body:
1. names and addresses of all
					 members;
2. terms of
					 membership;
3. officers of the
					 governing body; and
4. terms of
					 office of any officers.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter B - Administration and Organization › Section I-7233 - Policy and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 FSTRA shall establish procedures to assure written communication among staff to
					 ensure safety and continuity of services to all clients.
B. Direct care employees shall have access to
					 information concerning clients that is necessary for effective performance of
					 the employee's assigned tasks.
C.
					 Confidentiality and Security of Files. A FSTRA shall have written procedures
					 for the maintenance and security of records specifying who shall supervise the
					 maintenance of records, who shall have custody of records and to whom records
					 may be released.
D. The FSTRA shall
					 allow designated representatives of the department, in the performance of their
					 mandated duties, to inspect all aspects of the FSTRAs practices which impact
					 clients and to interview any staff member or client relevant or as required for
					 any survey or investigation.
1. The FSTRA
					 shall make any information or records that the facility is required to have and
					 any information reasonably related to assessment of compliance with these
					 requirements available to the department.
2. The client's rights shall not be
					 considered abridged by this requirement.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter C - Admissions, Transfers and Discharges › Section I-7235 - Admissions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The facility
					 shall have a clear and specific written description of admission policies and
					 procedures. This written description shall include, but is not limited to the
					 following:
1. the application process and the
					 possible reasons for the rejection of an application;
2. types of clients suitable to the
					 facility;
3. services offered and
					 allowed in the facility; and
4. the
					 facility's house rules.
Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 72 - Forensic Supervised Transitional Residential and Aftercare Facilities Licensing Standards › Subchapter C - Admissions, Transfers and Discharges › Section I-7237 - Mandatory Transfers and Discharges

Current through Register Vol. 50, No. 6, June 20, 2024
A. The administrator/director shall, in
					 coordination with the client, forensic aftercare facility, Community Forensic
					 Service, and state level forensic coordinator (as appropriate), assist in
					 planning and implementing the mandatory transfer or discharge of the client
					 when:
1. the treatment plan goals and
					 objectives are substantially met and a crisis relapse/prevention plan is
					 developed and support systems are in place that allow the client to reside
					 safely in a less restrictive environment;
2. the client's physician certifies that the
					 clients physical condition necessitates transfer to a medical facility or the
					 clients psychiatric condition necessitates transfer to a higher level of care;
					 or
3. the client's condition is
					 such that he or she is:
a. a danger to self or
					 others; or
b. is consistently
					 disruptive to the peace and order of the facility, staff services, or other
					 clients.