Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 67 - Maternity Home › Section V-6703 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
maternity home
is defined as "any place or facility in which
				  any institution, society, agency, corporation, person or persons, or any other
				  group regularly receives and provides necessary services for children before,
				  during, and immediately following birth. This definition shall not include any
				  place or facility which receives and provides services for women who receive
				  maternity care in the home of a relative within the sixth degree of kindred,
				  computed according to civil law, or general or special hospitals in which
				  maternity treatment and care is part of the medical services performed and the
				  care of children only brief and incidental.
B. Additional Definitions
1. Definitions, as used in this Chapter:
Affiliate
-
i. with respect to a partnership, each
				  partner thereof;
ii. with respect
				  to a corporation, each officer, director and stockholder thereof;
iii. with respect to a natural person:
(a). that person and any individual related
				  by blood, marriage, or adoption within the third degree of kinship to that
				  person;
(b). any partnership,
				  together with any or all its partners, in which that person is a partner;
				  and
(c). any corporation in which
				  that person an officer, director or stockholder, or holds, directly or
				  indirectly, a controlling interest;
iv. 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
v. director of any such
				  maternity home.
Age or Developmentally Appropriate Activities or
					 Items
-activities or items that are generally accepted as suitable for
					 children of the same chronological age or level of maturity or that are
					 determined to be developmentally appropriate for a child, 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 child,
					 activities or items that are suitable for the child based on the developmental
					 stages attained by the child with respect to the cognitive, emotional,
					 physical, and behavioral capacities of the child.
Contractor
-any person who renders
					 professional services, therapeutic services, enrichment services, or counseling
					 to residents and/or infants of residents such as educational consulting,
					 athletic, or artistic services within a maternity home, whose services are not
					 integral to either the operation of the maternity home or to the care and
					 supervision of residents and/or infants 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 maternity home.
Department
(DCFS) - Department of Children
					 and Family Services, formerly the Department of Social Services.
Disqualification Period-
the prescriptive
					 period during which the department shall not accept 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.
Division of Licensing and
					 Certification
-Department of Children and Family Services, Licensing
					 Section.
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.
Facility
-any place, program, facility or
					 agency operated or required by law to operate under a license, including
					 facilities owned or operated by any governmental, profit, nonprofit, private,
					 or church agency.
Individual Owner
-Repealed.
License
-
i. any license issued by the department to
				  operate any child care facility or child-placing agency as defined in
				  R.S.
				  46:1403; or
ii. any license issued by the Department of
				  Health and Hospitals to operate any facility providing services under Title XIX
				  or XX of the Social Security Act; or
iii. any license issued by the Department of
				  Health and Hospitals (or formerly issued by the Department of Social Services)
				  to operate any adult residential care facility.
Licensing Section
- DCFS, Division of
					 Programs, Licensing Section.
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 maternity 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.
a. For licensing purposes the following are
				  considered owners:
i.
Individual
				  Ownership
-individual and spouse listed on the licensing application
				  submitted and who have access to the residents and/or infants of residents in
				  care of the provider and/or residents and/or infants of residents who receive
				  services from the provider and/or who are present at any time on the facility
				  premises when residents and/or infants of residents are present;
ii.
Partnership
-all limited
				  or general partners and managers who are listed on the licensing application
				  submitted and who have access to the residents and/or infants of residents in
				  care of the provider and/or residents and/or infants of residents who receive
				  services from the provider, and/or who are present at any time on the facility
				  premises when residents and/or infants of residents are present;
iii.
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 residents and/or infants of residents in care of the provider, and/or
				  residents and/or infants of residents who receive services from the provider,
				  and/or who is present at any time on the facility premises when residents
				  and/or infants of residents are present; or
iv.
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 residents and/or infants of
				  residents in care of the provider, and/or residents and/or infants of residents
				  who receive services from the provider, and/or who is present at any time on
				  the facility premises when residents and/or infants of residents are present.
Ownership
- the right that confers on a
					 person direct, immediate, and exclusive authority over a thing. The owner of a
					 thing may use, enjoy, and dispose of it within the limits and under the
					 conditions established by law. Refers to direct or indirect ownership.
i.
Direct Ownership
- when a
				  natural person is the immediate owner of a child care facility, i.e.,
				  exercising control personally rather than through a juridical person.
ii.
Indirect Ownership
-
				  when the immediate owner is a juridical entity.
Provider
-all owners or operators of a
					 facility, including the director of such facility.
Reasonable and Prudent Parent Standard-
standard that a caregiver shall use when determining whether to allow a child
					 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 child while at the same time
					 encouraging the emotional and developmental growth of the child.
Reasonable and Prudent Parent Training-
training that includes knowledge and skills relating to the reasonable and
					 prudent parent standard for the participation of the child 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 child and knowledge and skills relating to applying
					 the standard to decisions such as whether to allow the child 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 child 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
Resident
-a pregnant female who has not
					 reached her eighteenth birthday or otherwise been legally emancipated and
					 receives care at the maternity home before childbirth and within 6 weeks after
					 childbirth. The resident may not reside in the home with her parents nor be
					 related to the owner of the facility.
Staff
- all full or part-time paid or
					 unpaid staff who perform services for the maternity home 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.
State Central Registry (SCR)
-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.
Unlicensed Operation
-operation of any
					 child care facility or child-placing agency, adult residential care facility,
					 or transitional youth residence, at any location, without a valid, current
					 license issued by the department.