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Regular Session, 2010
HOUSE BILL NO. 287
BY REPRESENTATIVE CORTEZ AND SENATOR WALSWORTH
AN ACT1
To enact R.S. 46:1427 and 1429, relative to child care facilities and child-placing agencies;2
to provide with respect to licensure; to provide for an exception for certain religious3
organizations; to provide for the parent-child relationship; to provide for a4
moratorium on the enforcement of rules and regulation in certain circumstances; and5
to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 46:1427 and 1429 are hereby enacted to read as follows: 8
§1427. Parent-child relationship9
The Department of Social Services shall not interfere with the parent-child10
relationship regarding the religious training of a child, where all of the following11
conditions are met:12
(1) The parent or legal guardian has enrolled their child in a child care13
facility, including but not limited to a child residential facility, operated by a14
religious, nonprofit organization which is exempt from federal income taxes pursuant15
to 26 U.S.C. 501(c)(3).16
(2) Where, as a condition of enrollment, the child is required to attend17
religious services or classes and the parent or guardian of the child agrees to such18
condition.19
* * *20
§1429. Exceptions; religious organizations21
A recognized religious organization which is qualified as a tax-exempt22
organization under Section 501(c) of the Internal Revenue Code, which remains open23
for not more than twenty-four hours in a continuous seven-day week, and in which24 ENROLLEDHB NO. 287
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no individual child remains for more than twenty-four hours in one continuous stay1
shall not be considered a "day care center" for the purposes of this Chapter.2
Section 2. There shall hereby be a moratorium on the enforcement of any rule and3
regulation by the Department of Social Services upon a child care facility, including but not4
limited to a child residential facility, operated by a religious, nonprofit organization which5
is exempt from federal income taxes pursuant to 26 U.S.C. 501(c)(3), and which was not6
licensed as either a Class A or Class B facility on June 1, 2010, and provides childcare for7
not less than twenty-five hours and not more than forty hours in a continuous seven-day8
week. This moratorium shall terminate and cease to be effective upon July 1, 2011.9
Section 3. This Act shall become effective upon signature by the governor or, if not10
signed by the governor, upon expiration of the time for bills to become law without signature11
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If12
vetoed by the governor and subsequently approved by the legislature, this Act shall become13
effective on the day following such approval.14
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: