Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 12 - Child Care Assistance Program › Chapter 51 - Child Care Assistance Program › Subchapter B - Child Care Providers › Section III-5113 - Disqualification Periods for CCAP Providers

Current through Register Vol. 50, No. 6, June 20, 2024
A. A child care provider shall be
					 disqualified from receiving CCAP payments if the department determines that
					 certain acts or violations have been committed by that provider. CCAP
					 disqualifications shall apply as follows.
1.
					 A criminal background check (CBC) shows that a provider has been convicted of
					 or pled no contest to any defense in another jurisdiction whose elements would
					 constitute an enumerated offense under in
					 R.S.15:587.1(C) if
					 committed within Louisiana, shall result in permanent disqualification. If a
					 CBC shows that a person living in or working in an FCDCH or a person working in
					 a Class A, Class E center, or child care center licensed by the Department of
					 Defense (Class M) shows the person has been convicted of or pled no contest to
					 any offense enumerated in
					 R.S.
					 15:587.1(C), or has been
					 convicted or pled no contest to any offense in another jurisdiction whose
					 elements would constitute an enumerated offense under
					 R.S.
					 15:587.1(C) if committed
					 within Louisiana, the provider shall be disqualified until that person is no
					 longer living in or working in the FCDCH or working in the Class A, Class E, or
					 Class M center. For purposes of this Section a conviction under La C.Cr.P.
					 Artts 893 or 894, or equivalent provisions of another jurisdiction, shall
					 constitute a conviction.
2. A
					 Category 1 validated complaint of child abuse or neglect on the provider shall
					 result in permanent disqualification. If the Category 1 validated complaint is
					 for a person living in or working in an FCDCH or for a person working in a
					 Class A, Class E, or Class M center, the provider shall be disqualified until
					 that person is no longer living in or working in the FCDCH or working in the
					 Class A, Class E, or Class M center. The following types of validated
					 complaints of child abuse or neglect are considered to be Category 1
					 complaints: bone fracture, factitious disorder by proxy/Munchausen by proxy
					 syndrome, poisoning or noxious substance ingestion, suffocation,
					 whiplash/shaken infant syndrome, HIV/AIDS and hepatitis, prostitution, sexual
					 intercourse (vaginal or anal), failure to thrive (non-organic), central nervous
					 system damage/brain damage/skull fracture, internal injury, subdural hematoma,
					 torture, wounds, oral sex, sexual exploitation/pornography, sexually
					 transmitted disease, malnutrition/starvation, death/abuse, death/neglect,
					 perpetrators who have an adjudication of a child in need of care, perpetrators
					 with a voluntary or involuntary Termination of Parental Rights (TPR) judgment,
					 sexual enticement, simulated intercourse, abandonment, burns, eye injury, minor
					 head/facial injuries, tying or confinement, passive abuse, exploitation, sexual
					 manipulation or fondling, emotional maltreatment, bruises/cuts/welts/scratches,
					 dislocations or sprains, human bites, mouth/dental trauma, medical neglect,
					 drug/alcohol abuse, dependency, and lack of supervision as described in §5113.
					 A.4 These types of validated complaints of child abuse or neglect are defined
					 by the department.
3. A Category 2
					 validated complaint of child abuse or neglect on the provider shall result in
					 the disqualification periods described below. If the Category 2 validated
					 complaint is for a person living in or working in an FCDCH or working in a
					 Class A, Class E, or Class M center, the provider shall be disqualified until
					 that person is no longer living in or working in the FCDCH or working in the
					 Class A, Class E, or Class M center, or until the disqualification period
					 described below ends, whichever is sooner. The following types of validated
					 complaints of child abuse or neglect are considered to be Category 2
					 complaints: inadequate clothing, inadequate food, inadequate shelter, and lack
					 of supervision as described in §5113. A.4 These types of validated complaints
					 of child abuse or neglect are defined by the department. The disqualification
					 periods for Category 2 validated complaints are as follows:
a. 6 months for first validated
					 complaint;
b. 12 months for second
					 validated complaint;
c. 24 months
					 for third and subsequent validated complaints.
4. A validated complaint of child abuse or
					 neglect due to lack of supervision shall be deemed by the department as either
					 a category 1 or a category 2 complaint, based on the severity of the complaint
					 and the circumstances that existed at the time of the complaint.
5. An Intentional Program Violation (IPV) is
					 any act by a CCAP provider that consists of intentionally making a false or
					 misleading statement, or misrepresenting, concealing, or withholding relevant
					 facts. A provider who has committed an IPV will be subject to the following
					 disqualification periods:
a. 12 months for the
					 first violation;
b. 24 months for
					 the second violation; and,
c.
					 permanently for the third violation
6. Non-fraudulent violations of the terms of
					 the CCAP Provider Agreement, shall result in the following disqualification
					 periods:
a. 3 months for first
					 violation;
b. 6 months for second
					 violation; and
c. 12 months for
					 third and subsequent violations.