Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 69 - Child Residential Care, Class B › Section V-6957 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
NOTE: This Section has been moved from LAC
					 67:1.1957.
Abuse and Neglect Reporting
-any suspected
					 abuse and/or neglect of a child in a child care center must be reported in
					 accordance with Louisiana Revised Statutes 14:403. This statement shall be
					 visibly posted in the center with the local child protection phone
					 number.
Administrator
-the person responsible for
					 the on-site, daily implementation and supervision of the overall facility's
					 operation. The administrator shall have a Bachelor's degree in a social
					 services field and four years of experience in a similar type of child care
					 facility, or a Master's degree and two years of related experience.
Bedroom Space
-a distinct area used as a
					 sleeping area for clients; a dormitory-style bedroom may be broken into several
					 bedroom spaces by the use of partitions. A facility shall have a minimum of 60
					 square feet of floor area per child in living areas accessible to children and
					 excluding halls, closets, bathrooms, bedrooms, staff or staff's family
					 quarters, laundry areas, storage areas and office areas.
Client
-a person who receives service from
					 a provider.
Client's Service Plan
-a daily care plan
					 based on the assessment of a client's psychological, social and educational
					 evaluations.
Curator
-a person appointed by the court
					 when an individual is interdicted to act as guardian with either limited or
					 full powers over the individual's estate and/or person, depending upon the
					 needs of the individual interdicted.
Contractor
-any person who renders
					 professional services, therapeutic services, enrichment services, or counseling
					 to 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.
					 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.
Department (DCFS)
- Department of Children
					 and Family Services formerly the Department of Social Services.
Discipline
-a system of rules governing
					 conduct which usually prescribes consequences for the violation of particular
					 rules.
Direct Service Management
-the act of
					 controlling the various aspects of a provider involving direct services to
					 clients in order to ensure effective care and treatment.
Direct Service Worker
-any employee of a
					 provider who works directly with clients as a major function of his/her
					 job.
Documentation
- written evidence or proof,
					 signed and dated by the parties involved (director, parents, staff, etc.), and
					 available for review.
DSS
-Department of Children and Family
					 Services.
Facility
- any place, program,
					 institution, or agency operating a child care facility or child-placing agency
					 as defined in
					 R.S.
					 46:1403, including those owned or operated by
					 governmental, private, or religious organization or entity.
Family
-the natural or adoptive father,
					 mother, brother(s) and sister(s), but "family" may be interpreted broadly to
					 include any person, whether related to the client by blood or not, who resides
					 in the client's home and takes part in the client's family life.
Governing Body
-a person or persons with
					 the ultimate responsibility for conducting the affairs of a provider as, for
					 example, the board of directors.
Individual Owner
-Repealed.
Legally Responsible Person
-as appropriate,
					 the parent(s) or tutor of a minor or the curator of an interdicted
					 client.
License
-a written certification, whether
					 provisional, extended or regular, of a provider's authorization to operate
					 under state law.
Licensing Section
- DCFS, Division of
					 Programs, Licensing Section.
Living Unit
-an integral living space
					 utilized by a particular group of clients who reside in that space.
Mandated Reporter
- professionals who may
					 work with children in the course of their professional duties and who
					 consequently are required to report all suspected cases of child abuse and
					 neglect. This includes any person who provides training and supervision of a
					 child, such as a public or private school teacher, teacher's 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 home facilities, a licensed
					 or unlicensed day care provider, any individual who provides such services to a
					 child, or any other person made a mandatory reporter under Article 603 of the
					 Children's Code or other applicable law.
Owner
or
Operator
-individual or juridical entity exercising direct or
					 indirect control over a licensed entity.
1. 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.
Parent(s
)-natural or adoptive mother and
					 father of a client.
Passive Physical Restraint
-the least
					 amount of direct physical contact required on the part of a staff member to
					 prevent a client from harming himself/herself or others.
Provider
-any 24-hour residential facility,
					 whether public or private, that services clients.
Psychotropic Medication
-prescription
					 medication given for the purpose of producing specific changes in mood, thought
					 processes, or behavior. They exert specific effects on brain function and can
					 be expected to bring about specific clinically beneficial responses in clients
					 for whom they are prescribed. The term as used in this policy does not include
					 all drugs which affect the central nervous system or which may have behavioral
					 effects; e.g., anticonvulsants or hormones.
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.
Restraint
-the extraordinary restriction of
					 a client's freedom or freedom of movement.
Resident
-an individual who receives 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.
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 child(ren).
Service Plan
-a comprehensive, time-limited
					 goal-oriented, individualized plan for care, treatment and education of a
					 client in the care of a provider. The service plan is based on a current
					 comprehensive evaluation of the client's needs.
Social Worker
-a Master's level
					 professional.
Staff
- all full or part-time paid or
					 unpaid staff who perform services for the child residential facility and have
					 direct or indirect contact with children 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 excluding extra-curricular personnel.
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.
Time-Out Procedure
-the isolation of a
					 client for a period of less than 30 minutes in an unlocked room.
Training
-any activity outside the normal
					 routine of the provider which promotes the development of skills related to
					 client care, increases the knowledge of the person involved in a related field
					 or fosters the development of increased professionalism.
Treatment Strategy
-an orientation or set
					 of clinical techniques included in a particular therapeutic model and used to
					 meet a diagnosed need of a client in care over and above the provisions of
					 basic care.
Unlicensed Operation
- operation of any
					 child residential facility, at any location, without a valid, current license
					 issued by the department for that location.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:477 and
					 R.S. 46:1410
					 et seq.