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Regular Session, 2010
SENATE BILL NO. 634
BY SENATOR JACKSON
SOCIAL SERVICES DEPT. Provides for penalties for violations of regulations of child
care facilities and child-placing agencies and for procedures. (gov sig)
AN ACT1
To enact R.S. 46:1413.1, relative to the Department of Social Services; to provide relative2
to child care facilities and child placing agencies; to provide with respect to3
licensing; to provide with respect to penalties for violations; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 46:1413.1 is hereby enacted to read as follows: 7
ยง1413.1. Operating without or in violation of license or regulations; penalties8
and fines9
A.(1) No person shall operate any child care facility or child-placing10
agency, as defined in R.S. 46:1403, in violation of any provision of R.S. 46:140111
through 1428, or any other state or federal statute, regulation, or any12
department rule adopted pursuant to the Administrative Procedures Act which13
govern the ownership or operation of child care facilities or child-placing14
agencies.15
(2) Any person or entity violating these requirements, when such16
violation poses a threat to the health, safety, rights, or welfare of any child in17 SB NO. 634
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care or custody of a child care facility or child-placing agency, may be liable to1
civil fines in addition to any criminal action which may be brought under other2
applicable laws. The department shall adopt rules in accordance with the3
Administrative Procedure Act which define specific classifications of violations,4
articulate factors in assessing civil fines including mitigating circumstances, and5
explain the treatment of continuing and repeat deficiencies. A schedule of civil6
fines by class of violation shall be as follows:7
(a) Class A--Violations that create a condition or occurrence relating to8
the operation and maintenance of a child care facility or child-placing agency9
which result in death or serious harm to a child. Civil fines for violations under10
this Subparagraph shall not exceed one thousand dollars for the first violation11
and shall not exceed two thousand dollars per day for repeat violations within12
an eighteen month period.13
(b) Class B--Violations that create a condition or occurrence relating to14
the operation and maintenance of a child care facility or child-placing agency15
which may result in death or serious physical or mental harm to a child will16
result from the violation. Civil fines for violations under this Subparagraph17
shall not exceed three hundred seventy-five dollars for the first violation and18
shall not exceed seven hundred fifty dollars per day for repeat violations within19
an eighteen month period.20
(c) Class C--Violations that create a condition or occurrence relating to21
the operation and maintenance of a child care facility or child-placing agency22
which create a potential for harm by directly threatening the health, safety,23
rights, or welfare of a child. Civil fines for violations under this Subparagraph24
shall not exceed two hundred fifty dollars for the first violation and shall not25
exceed five hundred dollars per day for repeat violations within an eighteen26
month period.27
(d) Class D--Violations related to administrative and reporting28
requirements that do not directly threaten the health, safety, rights, or welfare29 SB NO. 634
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of a child. Civil fines for violations under this Subparagraph shall not exceed1
one hundred twenty-five dollars for the first violation of any Class D regulation2
and shall not exceed two hundred fifty dollars per day for repeat violations3
within an eighteen month period.4
(e) Class E--Violations for failure of any facility to submit a statistical or5
financial report in a timely manner as provided in R.S. 46:1414.1. Civil fines for6
violations under this Subparagraph shall not exceed seventy-five dollars for the7
first violation and shall not exceed one hundred fifty dollars per day for repeat8
violations within an eighteen month period.9
(3) The aggregate fines assessed for violations determined in any one10
month shall not exceed ten thousand dollars, except that the aggregate fines11
assessed for Class A repeat violations shall not exceed fifty thousand dollars in12
any one month, and the aggregate fines assessed for Class B repeat violations13
shall not exceed thirty thousand dollars in any one month.14
B. The department shall adopt rules and regulations in accordance with15
the Administrative Procedure Act to provide for notice to the child care facility16
or child-placing agency of any violation, for an informal reconsideration17
process, and for an appeal procedure including judicial review. Such appeal18
shall be suspensive. All appeals under this Section shall be heard by the19
Department of Social Services, bureau of appeals, any other provision of law20
notwithstanding. The final decision shall be rendered by the secretary, who shall21
furnish the facility or agency a copy of the decision, together with notice of the22
manner for requesting judicial review.23
C. The child care facility or child-placing agency shall furnish, with an24
appeal, bond in the minimum amount of one and one-half times the amount of25
the fine imposed by the department. The bond furnished shall provide in26
substance, that it is furnished as security that the child care facility or child-27
placing agency will prosecute its appeal, that any judgment against it, including28
court costs, will be paid or satisfied from the amount furnished or that29 SB NO. 634
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otherwise the surety is liable for the amount assessed against the facility. The1
appeal shall be heard in a summary proceeding which shall be given precedence2
over other pending matters.3
D. The department may institute all necessary civil court action to collect4
fines imposed and not timely appealed. No child care facility or child-placing5
agency may claim imposed fines as reimbursable costs, nor increase charges to6
clients as a result of such fines. Interest shall begin to accrue at the current7
judicial rate on the day following the date on which any fines become due and8
payable. All costs of any action to collect such fines, including travel expenses9
and reasonable attorneys fees, shall be awarded to the department in addition10
to the fines.11
E.(1) Civil fines collected under the provisions of this Section shall be12
deposited immediately into the state treasury.13
(2) After compliance with the requirements of Article VII, Section 9(B)14
of the Constitution of Louisiana relative to the Bond Security and Redemption15
Fund, and prior to the monies being placed in the state general fund, an amount16
equal to the amount deposited as provided in Paragraph (1) of this Subsection17
shall be credited to a special fund hereby created in the state treasury to be18
known as the "Child Welfare Agencies Trust Fund," hereinafter referred to as19
the "fund." The monies in the fund shall be subject to annual appropriation20
and shall be available exclusively for use by the Department of Social Services21
for the following:22
(a) The protection of health, welfare, rights, or property of children in23
out-of-home care or receiving services from child care facilities and child-24
placing agencies licensed or registered by the Department of Social Services.25
(b) The enforcement of sanctions against child care facilities and child-26
placing agencies licensed or registered by the Department of Social Services.27
(c) Education, employment, and training of employees, staff, or other28
personnel of child care facilities and child-placing agencies licensed or29 SB NO. 634
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registered by the Department of Social Services.1
(d) Programs designed to improve the quality of care in child care2
facilities and child-placing agencies.3
(3) The monies in the fund shall be invested by the treasurer in the same4
manner as the monies in the state general fund, and all interest earned from the5
investment of monies in the fund shall be deposited in and remain to the credit6
of the fund. All unexpended and unencumbered monies remaining in the fund7
at the end of the fiscal year shall remain in the fund.8
(4) The secretary of the Department of Social Services is authorized to9
promulgate rules and regulations in accordance with the Administrative10
Procedure Act to provide for the administration of the fund.11
Section 2. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Bobbie Hunter.
DIGEST
Present law provides that all child care facilities and child-placing agencies, including
facilities owned or operated by any governmental, profit, nonprofit, private, or church
agency, shall be licensed. Child care licenses shall be of two types: Class A and Class B.
All child-placing agency licenses shall be Class A only.
Present law provides that the Department of Social Services shall promulgate rules and
regulations for Class A and B for specific licensing requirements. The department shall have
the power to deny, revoke, or refuse to renew a license for a child care facility or child-
placing agency if the applicant has failed to comply with the provisions of R.S. 46:1401
through 1428, or any applicable rule or regulation published by the department. If a license
is denied, revoked or withdrawn, the department shall notify the applicant or licensee of such
action in writing immediately and of the reason for the denial, revocation or withdrawal of
the license.
Proposed law provides that no person shall operate any child care facility or child-placing
agency, as defined in R.S. 46:1403, in violation of any provision of R.S. 46:1401 through
1428, or any other state or federal statute, regulation, or any department rule adopted
pursuant to the APA which govern the ownership or operation of child care facilities or
child-placing agencies. SB NO. 634
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Proposed law provides that any person or entity violating these requirements when such
violation poses a threat to the health, safety, rights, or welfare of any child in care or custody
of a child care facility or child-placing agency may be liable to civil fines and any criminal
action which may be brought under applicable laws. The department shall adopt rules in
accordance with the APA which define specific classifications of violations, assess civil
fines, and outline penalties for continued and repeat deficiencies. A schedule of civil fines
by class of violation shall be as follows:
1. Class A - Violations that create a condition or occurrence which result in death or
serious harm to a child. Civil fines shall not exceed $1,000 for the first violation and
shall not exceed $2,000 per day for repeat violations within 18 months.
2. Class B - Violations that create a condition or occurrence which may cause death or
serious physical or mental harm to a child. Civil fines shall not exceed $375 for the
first violation and shall not exceed $750 per day for repeat violations within 18
months.
3. Class C - Violations that create a condition or occurrence which create a potential for
harm by directly threatening the health, safety, rights, or welfare of a child. Civil
fines shall not exceed $250 for the first violation and shall not exceed $500 per day
for repeat violations within 18 months.
4. Class D - Violations related to administrative and reporting requirements that do not
directly threaten the health, safety, rights, or welfare of a child. Civil fines shall not
exceed $125 for the first violation of any Class D regulation and shall not exceed
$250 per day for repeat violations within 18 months.
5. Class E - Violations for failure of any facility to submit a statistical or financial
report as required by regulation. Civil fines shall not exceed $75 for the first
violation and shall not exceed $150 per day for repeat violations within 18 months.
Proposed law provides that the aggregate fines assessed for violations determined in any one
month shall not exceed $10,000, except that the aggregate fines assessed for Class A repeat
violations shall not exceed $50,000 in any one month, and the aggregate fines assessed for
Class B repeat violations shall not exceed $30,000 in any one month.
Proposed law provides the department shall adopt rules and regulations in accordance with
the APA to provide for notice to the child care facility or child-placing agency of any
violation, for an informal reconsideration process, and for an appeal procedure including
judicial review. Such appeal shall be suspensive. All appeals under this proposed law shall
be heard by the department's bureau of appeals. The final decision shall be rendered by the
secretary, who shall furnish the facility or agency a copy of the decision, and information
for requesting judicial review.
Proposed law provides that the child care facility or child-placing agency shall furnish, with
an appeal, a bond in the minimum amount of one and one half times the amount of the fine
imposed by the department. The bond shall be provided as security that the child care facility
or child-placing agency will prosecute its appeal, that any judgment against it, including
court costs, will be paid or satisfied from the amount furnished or that otherwise the surety
is liable for the amount assessed against the facility.
Proposed law provides that the department may institute all necessary civil court action to
collect fines imposed and not timely appealed. No child care facility or child-placing agency
may claim imposed fines as reimbursable costs, nor increase charges to clients as a result of
such fines. Interest shall begin to accrue at the current judicial rate on the day following the
date on which any fines become due and payable. All costs of any action to collect such
fines shall be awarded to the department. Civil fines collected under the provisions of this
Section shall be deposited immediately into the state treasury. SB NO. 634
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words in boldface type and underscored are additions.
Proposed law provides that after compliance with the requirements of Article VII, Section
9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund,
and prior to the monies being placed in the state general fund, an amount equal to the amount
deposited shall be credited to a special fund hereby created in the state treasury to be known
as the "Child Welfare Agencies Trust Fund." The monies in the fund shall be subject to
annual appropriation and shall be available exclusively for use by the department. The
secretary of the department is authorized to promulgate rules and regulations in accordance
with the APA to provide for the administration of the fund.
Proposed law provides that monies in the fund shall be invested by the treasurer in the same
manner as the monies in the state general fund, and all interest earned from the investment
of monies in the fund shall be deposited in and remain to the credit of the fund.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 46:1413.1)