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Regular Session, 2010
SENATE BILL NO. 504
BY SENATOR CROWE
CHILDREN. Exempts certain religious, non-profit, child care facilities and child-placing
agencies from certain regulations. (See Act)
AN ACT1
To amend and reenact R.S. 46:1403(A)(4), 1404(A), 1405, 1408(A)(C) and (D), 1409(A),2
1414(B), 1415, 1419, 1420, 1425(A) and (B), and 1428(A) and to enact R.S.3
46:1427, and to repeal R.S. 46:1408(G), 1412 and 1413, relative to child care4
facilities and child-placing facilities; to eliminate dual licensing of child care and5
child-placing facilities; to repeal Class B licenses; to create a single license for child6
care facilities and child-placing agencies; to provide for exemption from licensure;7
to provide for registration of certain child care facilities and child placing facilities8
which are operated by certain religious organizations; to provide for a written9
acknowledgment by the parent; to provide for informed consent; to provide for the10
promulgation of rules and regulations; to provide for legislative intent; and to11
provide for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 46:1403(A)(4), 1404(A), 1408(A)(C) and (D), 1409(A), 1414(B),14
1419, 1420, 1425(A) and (B), and 1428(A) are hereby amended and reenacted is hereby15
repealed to read as follows:16
§1403. Definitions17 SB NO. 504
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A. As used in this Chapter, the following definitions shall apply unless the1
context clearly states otherwise:2
* * *3
(4) "Day care center" means any place or facility operated by any institution,4
society, agency, corporation, person or persons, or any other group for the purpose5
of providing care, supervision, and guidance of seven or more children, not including6
those related who are unrelated to the caregiver, unaccompanied by parent or7
guardian, on a regular basis for at least twelve and one-half hours in a continuous8
seven-day week. A day care center that remains open for more than twelve and one-9
half hours in a continuous seven-day week, and in which no individual child remains10
for more than twenty-four hours in one continuous stay shall be known as a full-time11
day care center. A day care center that remains open after 9:00 p.m. shall meet the12
appropriate regulations established for nighttime care.13
* * *14
§1404. Requirement of licensure15
A. All Except to facilities exempted pursuant to R.S. 46:1427, child care16
facilities and child-placing agencies, including facilities owned or operated by any17
governmental, profit, nonprofit, private, or church agency, shall be licensed. Child18
care licenses shall be of two types: Class A and Class B. All child-placing agency19
licenses shall be Class A only. After July 1, 2011, there will be only one uniform20
child care license.21
* * *22
§1408. Class A Child care facility or child-placing agency licenses; application;23
temporary or provisional licenses; fees24
A. Application for a Class A child care facility or child-placing agency25
license shall be made by the child care facility or child-placing agency to the26
department upon forms furnished by the department. Upon receipt of the application27
for a Class A license and upon establishment of the fact that minimum requirements28
for a license as established by the department are met and that the facility or agency29 SB NO. 504
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is in compliance with all other state and local laws and regulations, the department1
shall issue a Class A license for such period as may be provided for in the published2
regulations of the department.3
* * *4
C. A Class A license shall apply only to the location stated on the application,5
and such license, once issued, shall not be transferable from one person to another6
or from one location to another. If the location or ownership of the facility is7
changed, the license shall be automatically revoked. A new application form shall8
be completed prior to all license renewals.9
D. The Class A licensee shall display the license in a prominent place at the10
facility or agency, except that a facility operated by a church or religious11
organization may be exempt from such requirement provided the license is available12
upon request.13
* * *14
§1409. Rules, regulations and standards for Class A licenses15
A. The department shall promulgate rules and regulations for Class A child16
care facilities, child-placing agencies and those facilities registered pursuant to17
R.S. 46:1427 to carry out the provisions of this Chapter in accordance with the18
provisions of the Administrative Procedure Act. The department shall submit the19
proposed rules and regulations for approval in accordance with the Administrative20
Procedure Act. The department shall seek input and guidance from the Louisiana21
Advisory Council on Child Care and Early Education, pursuant to R.S. 46:1414,22
concerning proposed rules, regulations and standards for licensure of Class A day23
care centers as defined in R.S. 46:1403(A)(4).24
* * *25
§1414. Louisiana Advisory Council on Child Care and Early Education26
* * *27
B. The Louisiana Advisory Council on Child Care and Early Education shall28
provide input and guidance to the department on matters pertaining to rules,29 SB NO. 504
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regulations and standards for licensure of Class A and Class B day care centers as1
defined in R.S. 46:1403(A)(4).2
* * *3
§1419. Revocation or refusal to renew license; revocation of exemption; written4
notice5
The department shall have the power to deny, revoke, or refuse to renew a6
license or exemption granted pursuant to R.S. 46:1427 for a child-care child care7
facility or child-placing agency if an applicant has failed to comply with the8
provisions of this Chapter or any applicable, published rule or regulation of the9
department relating to child care facilities and child-placing agencies. If a license or10
exemption is denied, revoked, or withdrawn, the action shall be effective when made11
and the department shall notify the applicant or licensee of such action in writing12
immediately and of the reason for the denial, revocation, or withdrawal of the13
license.14
§1420. Refusal or revocation of license; appeal procedure15
Upon the refusal of the department to grant a license power to deny, revoke,16
or refuse to renew a license or exemption granted pursuant to R.S. 46:1427 or17
upon the revocation of a license, or exemption, the agency, institution, society,18
corporation, person or persons, or other group having been refused a license or19
exemption or having had a license or exemption revoked shall have the right to20
appeal such action by submitting a written request to the secretary of the department21
within thirty days after receipt of the notification of the refusal of the license or, in22
the case of revocation, within fifteen calendar days after receipt of the notification23
of the revocation. The appeal hearings shall be held no later than thirty days after the24
request therefor, except as provided in the Administrative Procedure Act, and shall25
be conducted in accordance with applicable regulations of the department and the26
provisions of R.S. 46:107. This provision shall in no way preclude the right of the27
party to seek relief through mandamus suit against the department, as provided by28
law.29 SB NO. 504
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* * *1
§1425. Adoption services; requirements for advertising; injunctive relief;2
exceptions; penalties3
A. It shall be unlawful for any person other than a licensed child-placing4
agency possessing a Class A or Class B license or a Louisiana-based crisis5
pregnancy center to advertise through print or electronic media that it will adopt6
children or assist in the adoption of children.7
B. If any person advertises in violation of this Section, the attorney general,8
the Department of Social Services, the appropriate district attorney, or any licensed9
Class A or Class B child-placing agency or a Louisiana-based crisis pregnancy center10
may file suit in district court according to the general rules of venue to obtain11
injunctive relief to restrain the person from continuing the violation.12
* * *13
§1428. Immunization information; influenza14
A. Each licensed child care facility, whether licensed as a Class A or Class15
B facility, before November first of each year, shall make available to each child's16
parent or legal guardian information relative to the risks associated with influenza17
and the availability, effectiveness, known contraindications and possible side effects18
of the influenza immunization. Such information shall include the causes and19
symptoms of influenza, the means by which influenza is spread, and the places20
where a parent or legal guardian may obtain additional information and where a child21
may be immunized against influenza. Such information shall be updated annually if22
new information on such disease is available.23
* * *24
Section 2. R.S. 46:1405 and 1415 are hereby amended and reenacted and R.S.25
46:1427 is hereby enacted to read as follows:26
§1405. Transitional provisions27
All child care facilities which were currently licensed on September 1, 1985,28
shall automatically be issued Class A licenses All child care facilities which were29 SB NO. 504
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registered on September 1, 1985, shall automatically be issued as Class B licenses1
without the necessity of making an application for licensure child care facilities or2
child-placement agencies shall have until July 1, 2011 to make provisions to3
apply for the new license, meeting the uniform provisions and regulations set4
forth by the department.5
* * *6
§1415. Facilities and agencies subject to regulation; exemptions7
A. All child care facilities and child-placing agencies shall be subject to the8
provisions of this Chapter. However, private or public day schools serving children9
in grades one and above or operating kindergartens or prekindergarten programs, as10
well as Montessori schools, camps, care provided when the parent or guardian11
remains on the premises at a meeting or at a function or event or a religious12
service, and all care given without charge, those child care facilities' exempt from13
registration pursuant to R.S. 46:1427, and any child care program operated by14
a religious organization which operates no more than eighteen and a half hours15
in one seven-day period shall be exempt from such provisions.16
B. The child care programs, operated by religious organizations for no17
more than eighteen and a half hours and are, therefore exempt from licensure18
and registration pursuant to Subsection A of this Section and R.S. 46:1427, shall19
not count the time in which the parent or guardian remains on the premises at20
a religious service toward the exempt eighteen and a half maximum hours.21
* * *22
§1427. Registration for religious child care facilities and child-placing23
agencies; exemption from licensure24
A. Criteria for exemption.25
The provisions of this Chapter which require the licensure of child care26
facilities or child-placing facilities shall not apply to an organization which27
operates a child care facility or child-placing agency when the organization28
meets all of the following criteria:29 SB NO. 504
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(1) The organization is a religious, nonprofit organization which is1
exempt from federal income taxes pursuant to 26 U.S.C. 501(c)(3).2
(2) The organization does not receive local, state, or federal funds,3
directly or indirectly, for providing such care.4
B. Registration.5
A registration application shall be made by an organization which6
operates a child care facility or child-placing agency that meets the7
requirements of Subsection A of this Section and in which an individual child8
remains for more than eighteen and a half hours in a week.9
C. Documentation required.10
A religious organization which must register pursuant to Subsection B11
of this Section shall register, on an annual basis, with the department and12
submit certain documents which verify all of the following:13
(1) That all standards have been met with regard to the safety regulation14
promulgated by the state fire marshal pursuant to the authority provided for15
in R.S. 40:1563.16
(2) That all standards have been met with regard to health and17
sanitation as promulgated by the office of public health of the Department of18
Health and Hospitals pursuant to the office's authority provided for in R.S.19
40:5.20
(3) Compliance with all laws related to the prevention of child abuse.21
(4) Verification that a criminal background check has been performed22
on all current or prospective employees in accordance with R.S. 15:587.1.23
(5) Certification that the facility is operated by an organization or24
organizations which are exempt from federal income taxes pursuant to 2625
U.S.C. 501(c)(3) and are each designated for religious purposes.26
(6) Verification, in writing, that the facility does not receive either local,27
state, or federal funds, directly or indirectly, for providing such care. 28
D. Acknowledgment by parent or guardian.29 SB NO. 504
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Prior to acceptance of any child into a child care facility covered by this1
Section, the facility shall do all of the following:2
(1) Notify the parent or guardian that the facility is not licensed by the3
department and keep the acknowledgment provided for in Paragraph (2) of this4
Subsection at the child care facility for at least two years after the last date that5
the child attends the child care program operated pursuant to this Section.6
(2) Provide each child's parent or guardian with an acknowledgment7
from which shall be supplied by the department and which form shall be the8
following:9
ACKNOWLEDGMENT10
I (name) am the lawful parent or guardian of 11
_________(name of child). I have been advised that the child care facility12
operated by (name of the religious, nonprofit organization)13
is exempt from registration pursuant to R.S. 46:1427 and as such is not licensed14
by the state of Louisiana. I do understand, however, that this child care facility15
must comply with state laws and rules regarding sanitation, fire safety and the16
prevention of child abuse.17
I acknowledge that, as recognized by the Louisiana Children's Code, I18
have the right to raise my child in accordance with my own religious values and19
traditions, and I, therefore, choose to place my child into the child care facility20
operated by (name of the religious, nonprofit organization).21
____________________________22
Signature of parent or guardian23
(3) Have the child's parent or guardian complete the acknowledgment24
and return it to the facility.25
E. Loss of exemption.26
Failure to comply with all provisions of this Section shall result in the27
loss of the facility's exemption from licensure pursuant to R.S. 46:1419 and28
subject to the appeals procedure provided for in R.S. 46:1420.29 SB NO. 504
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Section 3. It is the intent of the legislature that the freedom of religion of all citizens1
shall be inviolate and to that end it sets forth the following as legislative intent for this Act:2
(1) The framers of the Constitution of the United States of America,3
recognizing the free exercise of religion as an unalienable right, secured its4
protection in the First Amendment to the Constitution of the United States of5
America. The framers of the Constitution of Louisiana also recognized this6
right and secured the protection of religious freedom in Article I, Section 8 of7
the Constitution of Louisiana.8
(2) Federal and state laws which appear to be neutral to religion may9
burden religious exercise as surely as laws intended to interfere with religious10
exercise.11
(3) Governments should not burden religious exercise without a12
compelling justification.13
(4) The United States Supreme Court, in Employment Division v. Smith,14
494 U.S. 872 (1990), virtually eliminated the requirement that the government15
justify burdens on religious exercise imposed by laws neutral toward religion.16
Prior court rulings had held that the compelling government interest test was17
a workable test for striking sensible balances between religious liberty and18
competing government interest on areas of important mutual concern.19
(5) The Congress of the United States passed the Religious Freedom20
Restoration Act, 42 U.S.C. §2000bb, to reestablish the compelling government21
interest test. Nevertheless, the United States Supreme Court, in City of Boerne22
v. Flores, 117 S.Ct. 2157 (1997), held that the Religious Freedom Restoration23
Act was unconstitutional, opining that the right to regulate government24
mandates, which are in conflict with the free exercise of religion, was retained25
by the states.26
(6) The Louisiana Children's Code Art. 101 states that Louisiana27
recognizes the family as the most fundamental unit of human society; that28
parents have the paramount right to raise their children in accordance with29 SB NO. 504
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their own values and traditions; that parents, and not the state, should make the1
decisions regarding the educational, moral, ethical, and religious training of the2
child.3
(7) Now, therefore, applying the right to regulate state mandates found4
United States Supreme Court's decision in City of Boerne v. Flores, 117 S.Ct.5
2157 (1997), the legislature is charged with striking a balance between the6
religious rights of its citizens guaranteed in the First Amendment to the7
Constitution of the United States of America and in Article I, Section 8 of the8
Constitution of Louisiana with the desire of the state to regulate the child care9
and child-placement industry. To that end, the legislature, hereby, finds that10
requiring religious organizations to comply with the same rigorous standards11
and costly regulations that commercial, for-profit, child care facilities and child-12
placing agencies must adhere, would, in effect, lead to the closure of many13
religious programs. The closure of these religious child care facilities would14
result in the state unfairly restricting the free expression of religion of many15
citizens of Louisiana and would interfere with the rights of parents to provide16
for the moral, ethical, and religious training of their children in according to17
their own religious values.18
Section 4. R.S. 46:1408(G), 1412 and 1413 are hereby repealed.19
Section 5. The provisions of Sections 1, and 4 of this Act will become effective on20
July 1, 2011.21
Section 6. This provisions in Section 2,3 and 5 and of this Act shall become22
effective upon signature by the governor or, if not signed by the governor, upon expiration23
of the time for bills to become law without signature by the governor, as provided by Article24
III, Section 18 of the Constitution of Louisiana. If vetoed by the governor and subsequently25
approved by the legislature, this Act shall become effective on the day following such26
approval.27 SB NO. 504
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Present law provides that child care and child-placement facilities may only operate if they
have Class A or Class B license.
Present law provides that Class A and Class B licenses are governed by rules and regulations
promulgated by the Dept. of Social Services, but the requirements differ between the classes.
Proposed law retains present law but combines the Class A or Class B license into one
license with uniform requirements and regulations.
Proposed law retains present law but exempts certain religious nonprofit organizations from
licensure.
Proposed law provides that, in order to be exempted from licensure by the department, the
religious, nonprofit organizations must meet all of the following criteria:
A. The organization is a nonprofit organization and declared by the I.R.S. to be tax
exempt and where the I.R.S. has designated the organization as being tax-exempt for
religious purposes.
B. The organization does not receive local, state, or federal funds, directly or indirectly.
Proposed law provides that the tax-exempt, religious organization, receiving no government
funds, must register with the department if the organization operates a child care facility or
child-placing agency in which an individual child remains for more than 18 ½ hours in a
week.
Proposed law requires that religious organizations, which operate child care facilities or
child- placing agencies and which are required to register with the department, must provide
records to establish the following:
1. All standards and safety regulations set by the fire marshal have been met.
2. All standards of health and sanitation set by the office of public health of the Dept.
of Health and Hospitals have been met.
3. Compliance with all laws related to the prevention of child abuse.
4. Verification that a criminal background check has been performed on all current or
prospective employees.
5. Certification that the facility is operated by an organization, or organizations, which
are each tax-exempt and each is designated as such for religious purposes according
to the I.R.S.
6. Verification, in writing, that the facility does not receive either local, state, or federal
funds, directly or indirectly, for providing such care.
Proposed law provides that, a lawful parent or guardian of the child placing their child in a
religious child care facility or child-placing agency which is required to register with the
department, but is not licensed by the department, must sign an acknowledgment indicating
awareness that the department does not regulate the facility or agency, with the exception
of certain safety and sanitary codes. SB NO. 504
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Present law exempts from licensure all private or public day schools serving children in
grades one and above or operating kindergartens or prekindergarten programs, as well as
Montessori schools, camps, and all care given without charge.
Proposed law retains present law but clarifies that all child care conducted when the parent
or guardian remains on the premises at a meeting, function or event or at a religious service
shall be exempt from the requirements of registration or licensure.
Proposed law retains present law but provides that any child care program operated by a
religious organization, which operates no more than 18 ½ hours in a week, is exempt from
registration and licensure. These programs are often commonly referred to as "Mother's Day
Out" programs.
Proposed law clarifies that the child care programs operated by a religious organization for
no more than 18 ½ hours (e.g. "Mother's Day Out" programs) and are, therefore, exempt
from licensure and registration, shall not count the time in which the parent or guardian
remains on the premises at a religious service toward the exempt 18 ½ maximum hours of
operation.
Effective on July 1, 2011, as it relates to repealing the provisions regarding Class B child
care and child placing facilities.
Effective upon signature of the governor or lapse of time for gubernatorial action as it relates
to provision exempting certain religious, nonprofit organizations from certain child care
regulations.
(Amends R.S. 46:1403(A)(4), 1404(A), 1405, 1408(A)(C) and (D), 1409(A), 1414(B), 1415,
1419, 1420, 1425(A) and (B), and 1428(A); adds R.S. 46:1427; repeals R.S. 46:1408(G),
1412, and 1413)