Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 71 - Residential Homes-Type IV › Section V-7105 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this
				  Chapter:
Abuse
any one of the following acts which
					 seriously endangers the physical, mental, or emotional health of the resident
					 or child of a resident:
a. the
				  infliction, attempted infliction, or, as a result of inadequate supervision,
				  the allowance of the infliction or attempted infliction of physical or mental
				  injury upon the resident or child of a resident by a parent or any other
				  person;
b. the exploitation or
				  overwork of a resident or child of a resident by a parent or any other person;
				  and
c. the involvement of the
				  resident or child of a resident in any sexual act with a parent or any other
				  person, or the aiding or toleration by the parent or the caretaker of the
				  resident's or child of a residents sexual involvement with any other person or
				  of the resident's or child of a residents involvement in pornographic displays
				  or any other involvement of a resident or child of a resident in sexual
				  activity constituting a crime under the laws of this state.
Affiliate
-
a. with respect to a partnership, each
				  partner thereof;
b. with respect to
				  a corporation, each officer, director and stockholder thereof;
c. with respect to a natural person, that
				  person and any individual related by blood, marriage, or adoption within the
				  third degree of kinship to that person; any partnership, together with any or
				  all its partners, in which that person is a partner; and any corporation in
				  which that person an officer, director or stockholder, or holds, directly or
				  indirectly, a controlling interest;
d. with respect to any of the above, any
				  mandatory, agent, or representative or any other person, natural or juridical
				  acting at the direction of or on behalf of the licensee or applicant;
				  or
e. director of any such.
Age or Developmentally-Appropriate Activities or
					 Items
-activities or items that are generally accepted as suitable for
					 an individual of the same chronological age or level of maturity or that are
					 determined to be developmentally appropriate for an individual, based on the
					 development of cognitive, emotional, physical, and behavioral capacities that
					 are typical for an age or age group; and in the case of a specific individual,
					 activities or items that are suitable for the individual based on the
					 developmental stages attained by the individual with respect to the cognitive,
					 emotional, physical, and behavioral capacities of the individual.
Behavior Support
-the entire spectrum of
					 activities from proactive and planned use of the environment, routines, and
					 structure of the particular setting to less restrictive interventions such as
					 positive reinforcement, verbal interventions, de-escalation techniques, and
					 therapeutic activities that are conducive to each resident's development of
					 positive behavior
Behavior Support Plan
-a written document
					 that addresses the holistic needs of the resident and includes the residents
					 coping strategies, de-escalation preferences, and preferred intervention
					 methods.
Child
-a person who has not reached age 18
					 or otherwise legally emancipated.
Complaint
-an allegation that any person is
					 violating any provisions of these standards or engaging in conduct, either by
					 omission or commission, that negatively affects the health, safety, rights, or
					 welfare of any resident or child of a resident who is residing in a residential
					 home.
Criminal Background Check
-a review of any
					 and all records containing any information collected and stored in the criminal
					 record repository of the Federal Bureau of Investigation, the state Department
					 of Public Safety and Corrections, or any other repository of criminal history
					 records, involving a pending arrest or conviction by a criminal justice agency,
					 including, but not limited to, child abuse crime information, conviction record
					 information, fingerprint cards, correctional induction and release information,
					 identifiable descriptions and notations of convictions; provided, however,
					 dissemination of such information is not forbidden by order of any court of
					 competent jurisdiction or by federal law.
Contractor
-any person who renders
					 professional services, therapeutic services, enrichment services, or counseling
					 to residents and/or children of residents such as educational consulting,
					 athletic, or artistic services within a residential home, whose services are
					 not integral to either the operation of the residential home or to the care and
					 supervision of residents and/or children of residents. Contractors may include,
					 but are not limited to social workers, counselors, dance instructors, gymnastic
					 or sports instructors, computer instructors, speech therapists, licensed health
					 care professionals, art instructors, state-certified teachers employed through
					 a local school board, and other outside contractors. A person shall not be
					 deemed a contractor if he/she is a staff person of the residential home.
DAL
-the Division of Administrative
					 Law.
Debriefing
-a process by which information
					 is gathered from all involved parties after the use of personal restraints or
					 seclusion that includes an evaluation of the incident, documentation detailing
					 the events leading up to the incident, and ways to avoid such incidents in the
					 future.
Department (DCFS)
-Department of Children
					 and Family Services.
Direct Care Worker
-a person counted in the
					 resident or child/staff ratio, whose duties include the direct care,
					 supervision, guidance, and protection of a resident or child of a resident.
					 This does not include a contract service provider who provides a specific type
					 of service to the operation for a limited number of hours per week or month or
					 works with one particular resident or child of a resident.
Direct Supervision
-the function of
					 observing, overseeing, and guiding a resident or child of a resident and/or
					 group of residents or children of residents. This includes awareness of and
					 responsibility for the ongoing activity of each individual and being near
					 enough to intervene if needed. It requires physical presence, accountability
					 for their care, knowledge of activity requirements, and knowledge of the
					 individuals abilities and needs.
Discipline
-the ongoing positive process of
					 helping children of residents or residents develop inner control so that they
					 can manage their own behavior in an appropriate and acceptable manner by using
					 corrective action to change the inappropriate behavior.
Disqualification Period
-the prescriptive
					 period during which the department shall not process an application from a
					 provider Any unlicensed operation during the disqualification period shall
					 interrupt running of prescription until the department has verified that the
					 unlicensed operation has ceased.
Documentation
-written evidence or proof,
					 signed and dated by the parties involved (director, residents, staff, etc.),
					 and available for review.
Effective Date
-of a revocation, denial, or
					 non-renewal of a license shall be the last day for applying to appeal the
					 action, if the action is not appealed.
Employee
-all full- or part-time paid or
					 unpaid staff who perform services for the residential home and have direct or
					 indirect contact with children of residents or residents at the facility.
					 Facility staff includes the director and any other employees of the facility
					 including, but not limited to the cook, housekeeper, driver, custodian,
					 secretary, and bookkeeper.
Facility
-residential home as defined in
					 R.S.
					 46:1403.
Human Service Field
-the field of
					 employment similar or related to social services such as social work,
					 psychology, sociology, special education, rehabilitation counseling, child
					 development, guidance and counseling, divinity, education, juvenile justice
					 and/or corrections through which a person gains experience in providing
					 services to the public and/or private clients that serves to meet the years of
					 experience required for a job as specified on the job description for that
					 position.
Independent Contractor
-Repealed.
Individual Owner
-Repealed.
Infant
-a child that has not yet reached
					 his first birthday.
Injury of Unknown Origin
-an injury where
					 the source of the injury was not observed by any person or the source of the
					 injury could not be explained by the resident or child of a resident and the
					 injury is suspicious because of the extent of the injury or the location of the
					 injury (e.g., the injury is located in an area not generally vulnerable to
					 trauma).
Interdiction
-a legal restraint upon a
					 person incapable of managing his estate, because of mental incapacity, from
					 signing any deed or doing any act to his own prejudice, without the consent of
					 his curator or interdictor
Juridical Entity
-corporation, partnership,
					 limited-liability company, church, university, or governmental entity.
Legal Guardian
-person who has the legal
					 authority and the corresponding duty to care for the personal and property
					 interest of another person.
Legal Guardianship
-the duty and authority
					 to make important decisions in matters having a permanent effect on the life
					 and development of the resident or child of a resident and the responsibility
					 for the residents or child of a resident's general welfare until he reaches the
					 age of majority, subject to any rights possessed by the parents. It shall
					 include the rights and responsibilities of legal custody.
License
-any license issued by the
					 department to operate a facility as defined in
					 R.S.
					 46:1403.
Licensing Section
-DCFS Licensing
					 Section.
Lifebook
-a record of a residents or child
					 of a residents life which chronicles accomplishments, milestones, and important
					 people in their lives through pictures, words, artwork, and memorabilia
Mandated Reporter
-professionals who may
					 work with children of residents or residents in the course of their
					 professional duties and who consequently are required to report all suspected
					 cases of abuse and neglect. This includes any person who provides training and
					 supervision of a child of a resident or resident, such as a public or private
					 school teacher, teachers aide, instructional aide, school principal, school
					 staff member, social worker, probation officer, foster home parent, group home
					 or other child care institution staff member, personnel of residential homes, a
					 licensed or unlicensed day care provider, any individual who provides such
					 services to a child of a resident or resident, or any other person made a
					 mandatory reporter under article 603 of the
Children's Code
or
					 other applicable law.
Medication
-all drugs administered
					 internally and/or externally, whether over-the-counter or prescribed.
Neglect
-the refusal or unreasonable
					 failure of a parent or caretaker to supply the child of a resident or resident
					 with necessary food, clothing, shelter, care, treatment, or counseling for any
					 injury, illness, or condition of an individual under the age of 18, as a result
					 of which the individuals physical, mental, or emotional health and safety is
					 substantially threatened or impaired.
Operator
-owner of a residential
					 home.
Owner
-Repealed.
Owner
or
Operator
-individual or juridical entity exercising direct or
					 indirect control over a licensed entity. For licensing purposes the following
					 are considered owners:
a.
Individual Ownership
-individual and spouse listed on the
				  licensing application submitted and who have access to the children/youth in
				  care of the provider and/or children/youth who receive services from the
				  provider and/or who are present at any time on the facility premises when
				  children/youth are present;
b.
Partnership
-all limited or general partners and managers who
				  are listed on the licensing application submitted and who have access to the
				  children/youth in care of the provider and/or children/youth who receive
				  services from the provider, and/or who are present at any time on the facility
				  premises when children/youth are present;
c.
Church Owned, University
				  Owned
or
Governmental Entity
-any clergy and/or board
				  member who is listed on the licensing application submitted and who has access
				  to the children/youth in care of the provider, and/or children/youth who
				  receive services from the provider, and/or who is present at any time on the
				  facility premises when children/youth are present; or
d.
Corporation
(includes
				  limited liability companies)-individual(s) who is registered as an officer of
				  the board with the Louisiana Secretary of State and/or listed on the licensing
				  application submitted and who has access to the children/youth in care of the
				  provider, and/or children/youth who receive services from the provider, and/or
				  who is present at any time on the facility premises when children/youth are
				  present.
Ownership
-Repealed.
Personal Restraint
-a type of emergency
					 behavior intervention that uses the application of physical force without the
					 use of any device to restrict the free movement of all or part of a residents
					 body in order to control physical activity. Personal restraint includes
					 escorting, which is when a staff uses physical force to move or direct a
					 resident who physically resists moving with the staff to another
					 location.
Program Director
-the person with authority
					 and responsibility for the on-site, daily implementation, and supervision of
					 the overall facility's operation.
Provider
-any facility, organization,
					 agency, institution, program, or person licensed by the department to provide
					 services to children of residents or residents which includes all owners of a
					 facility, including the program director of such facility.
Reasonable and Prudent Parent
					 Standard
-standard that a caregiver shall use when determining whether
					 to allow a resident or child of a resident in foster care under the
					 responsibility of the state to participate in extracurricular, enrichment,
					 cultural, and social activities. The standard is characterized by careful and
					 sensible parental decisions that maintain the health, safety, and best
					 interests of a resident or child of a resident while at the same time
					 encouraging the emotional and developmental growth of the resident or child of
					 a resident.
Reasonable and Prudent Parent
					 Training
-training that includes knowledge and skills relating to the
					 reasonable and prudent parent standard for the participation of the resident or
					 child of a resident in age or developmentally-appropriate activities. This
					 includes knowledge and skills relating to the developmental stages of the
					 cognitive, emotional, physical, and behavioral capacities of a resident or
					 child of a resident and knowledge and skills relating to applying the standard
					 to decisions such as whether to allow the resident or child of a resident to
					 engage in social, extracurricular, enrichment, cultural, and social activities.
					 Activities include sports, field trips, and overnight activities lasting one or
					 more days. Also included is knowledge and skills in decisions involving the
					 signing of permission slips and arranging of transportation for the resident or
					 child of a resident to and from extracurricular, enrichment, and social
					 activities.
Reasonable Suspicion
-to have or acquire
					 information containing specific and articulable facts indicating that an owner,
					 operator, current or potential employee, or volunteer has been investigated and
					 determined to be the perpetrator of abuse and/or neglect of a minor with a
					 justified (valid) finding currently recorded on the state central
					 registry.
Related
or
Relative
-a
					 natural or adopted child or grandchild of the caregiver or a child in the legal
					 custody of the caregiver
Resident
-an individual who receives
					 full-time care at a residential home and whose parents do not live in the same
					 facility nor is the individual related to the owner of the facility.
Residential Home
-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 Paragraph, 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.
Rest Time
-period between 9 p.m. and 6 a.m.
					 when residents are either asleep or are lying down in their own beds with the
					 intent of going to sleep. Residents may be reading, listening to music, or
					 other individual quiet activities that promote said sleep time.
Safety Interventions
-an immediate time
					 limited plan to control the factor(s) that may result in an immediate or
					 impending serious injury/harm to a resident or child(ren) of the
					 resident.
Seclusion
-involuntary confinement of a
					 resident away from other residents, due to imminent risk of harm to self or
					 others, in a room which the resident is physically prevented from
					 leaving.
Service Plan
-a written plan of action for
					 residents usually developed between the family, resident, social worker, and
					 other service providers, that identifies needs, sets goals, and describes
					 strategies and timelines for achieving goals.
Staff-all
-full- or part-time paid or
					 unpaid staff who perform services for the residential home and have direct or
					 indirect contact with children of residents or residents at the facility.
					 Facility staff includes the director and any other employees of the facility
					 including, but not limited to the cook, housekeeper, driver, custodian,
					 secretary, and bookkeeper.
State Central Registry
-repository that
					 identifies individuals with certain justified (valid) findings of abuse and/or
					 neglect of a child or children by the Department of Children and Family
					 Services.
Substantial Bodily Harm
-physical injury
					 serious enough that a prudent person would conclude that the injury required
					 professional medical attention. It does not include minor bruising, the risk of
					 minor bruising, or similar forms of minor bodily harm that will resolve
					 healthily without professional medical attention.
Supervision
-the function of observing,
					 overseeing, and guiding a resident or child of a resident and/or group of
					 residents or children of residents. This includes awareness of and
					 responsibility for the ongoing activity of each individual and being near
					 enough to intervene if needed. It requires accountability for their care,
					 knowledge of activity requirements, and knowledge of the individuals abilities
					 and needs.
Time-Out
-a strategy used to teach
					 individuals to calm themselves, during which a child of a resident or resident
					 is not given the opportunity to receive positive reinforcement and/or
					 participate in the current routine or activity until he/she is less
					 agitated.
Type IV License
-license held by any
					 public- or privately-owned residential home.
Unlicensed Operation
-operation of a
					 residential home, at any location, without a valid, current license issued by
					 the department for that location.
Volunteer
-an individual who works at the
					 facility and whose work is uncompensated. This may include students, interns,
					 tutors, counselors, and other non-staff individuals who may or may not work
					 directly with the residents or children of residents.
Waiver
-an exemption granted by the
					 secretary of the department from compliance with a standard that will not place
					 the resident, child of a resident, or staff member at risk.
Youth
-a person not less than 16 years of
					 age nor older than 21 years of age in accordance with
					 R.S.
					 46:1403.1(B).