Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 69 - Child Residential Care, Class B › Section V-6959 - Administration and Organization

Current through Register Vol. 50, No. 6, June 20, 2024
NOTE: This Section has been moved from LAC 67:1.1959.
A. Class "B" facilities must comply
				  with all regulations set by the Office of the State Fire Marshal, the Office of
				  Public Health, local zoning laws and all laws regarding child abuse or neglect.
				  Client-staff ratios and minimum space requirements will be enforced by the
				  Department of Social Services. Class "B" facilities must comply with
				  regulations restricting hiring felons, prohibiting racial discrimination and
				  prohibiting the use of corporal punishment without parental permission, and
				  with all other regulations promulgated by the Department of Social Services.
				  Core regulations must promote safe physical facilities, adequate supervision
				  and qualified staff, healthful food service, procedures for nighttime care, and
				  procedures for the disposition of complaints.
B. General Requirements
1. A provider shall follow federal and state
				  laws on client civil rights. No residential facility shall discriminate based
				  on race, color, creed or national origin or ancestry. However, this shall not
				  restrict the hiring or admission policies of a church or religious organization
				  which may give preference in hiring or admission to members of the church or
				  denomination.
2. It shall be the
				  duty of the department, through its duly authorized agents, to inspect at
				  regular intervals not to exceed one year, or as deemed necessary by the
				  department and without previous notice, all residential child care facilities
				  subject to the provisions of Chapter 14 of Title 46. The department shall also
				  develop and facilitate coordination with and among other authorized agencies
				  making inspections at regular intervals. The facility shall be open to
				  inspection only during working hours by parents or legal guardians of clients
				  in care and by authorized inspection personnel.
3. Owners shall have a fingerprint-based
				  criminal background check through the FBI on file with the residential home as
				  noted in Section 6966.A and/or Section 6966 B, as applicable in accordance with
				  R.S. 46:51.2 and
				  15:587.1.
4. The following is a listing of individuals
				  by organizational type who are required to submit documentation of a
				  satisfactory fingerprint-based criminal background clearance conducted through
				  the FBI:
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.
5. 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 children/youth 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 through the FBI. The attestation form shall be accepted
				  for a period of one year from the date individual signed attestation
				  form.
6. CBCs/attestation forms
				  shall be dated prior to the issuance of the initial license, but no earlier
				  than 45 days prior to the initial application being received by the Licensing
				  Section.
7. Providers and child
				  care staff shall not permit an individual convicted of a sex offense as defined
				  in
				  R.S.
				  15:541 to have physical access to a child
				  residential facility as defined in
				  R.S.
				  46:1403.
8. The owner or director of a child
				  residential facility 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 child residential
				  facility. The verbal report shall be followed by a written report to the
				  Licensing Section within 24 hours. The owner or director of a child residential
				  facility 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 child
				  day care facility as required by R.S 14:91.1.
9. All owners shall have documentation of a
				  state central registry clearance as required in
				  §6962
10. In accordance with
				  R.S.
				  46:1428 providers shall make available to
				  each child's parent or legal guardian information relative to the risks
				  associated with influenza and the availability, effectiveness, known
				  contraindications and possible side effects of the influenza immunization. This
				  information shall include the causes and symptoms of influenza, the means by
				  which influenza is spread, the places a parent or legal guardian may obtain
				  additional information and where a child may be immunized against influenza.
				  The information shall be updated annually if new information on the disease is
				  available. The information shall be provided annually to each licensed facility
				  by the Department of Children and Family Services and shall be made available
				  to parents or legal guardians prior to November 1 of each year.
11. A new fingerprint-based satisfactory
				  criminal background check through the FBI and Louisiana State Central Registry
				  clearances 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.