HLS 12RS-1330 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 675
BY REPRESENTATIVE LEGER
CHILD DAY CARE: Provides for penalties, in lieu of revocation, for child care facilities
or child-placing agencies that violate the terms of licensure or other regulations
AN ACT1
To enact R.S. 46:1430, relative to child care facilities and child-placing agencies; to2
authorize the Department of Children and Family Services to assess fines, in lieu of3
revocation, for certain violations; to require the department to adopt rules and4
regulations providing for notice and appeal procedures; to authorize the department5
to institute civil court actions to collect fines; to create the Child Care Licensing6
Trust Fund; to provide for the use and administration of the fund; to provide an7
effective date; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 46:1430 is hereby enacted to read as follows:10
ยง1430. Operating in violation of regulations; penalties and fines11
A.(1) For violations related to supervision, criminal history record checks12
through the state central registry disclosure process, staff-to-child ratios, motor13
vehicle checks, or failure to report critical incidents, the Department of Children and14
Family Services may assess a civil fine, in lieu of revocation, upon any person or15
entity violating these requirements if such condition or occurrence does not pose an16
imminent threat to the health, safety, rights, or welfare of a child. Such civil fine17
shall not exceed two hundred fifty dollars per day for each assessment; however, the18
aggregate fines assessed for violations determined in any consecutive twelve-month19
period shall not exceed two thousand dollars.20 HLS 12RS-1330 ORIGINAL
HB NO. 675
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are additions.
(2) The department shall adopt rules in accordance with the Administrative1
Procedure Act which articulate factors in assessing civil fines including the severity2
of risk, the actual harm and mitigating circumstances, the history of noncompliance,3
an explanation of the treatment of continuing and repeat deficiencies, evidence of a4
good faith effort to comply, and any other relevant factors. The department shall5
develop and adopt rules and regulations required by this Paragraph with input and6
guidance from the Louisiana Advisory Council on Child Care and Early Education.7
The authority to impose fines pursuant to this Section shall commence on the8
effective date of the rules promulgated pursuant to this Section.9
B. The department shall adopt rules and regulations in accordance with the10
Administrative Procedure Act to provide for notice to the child care facility or child-11
placing agency of any violation, for a departmental reconsideration process for fines12
issued, and for an appeal procedure including judicial review. Such appeal shall be13
suspensive. All appeals pursuant to this Subsection shall be heard by the division of14
administrative law pursuant to Chapter 13-B of Title 49 of the Louisiana Revised15
Statutes of 1950. The division shall furnish to the facility or agency a copy of the16
decision, together with notice of the manner for requesting judicial review. During17
the pendency of an appeal, a child care facility or child-placing agency may continue18
to receive funding for services provided to those eligible children as determined by19
the department.20
C. The department may institute any necessary civil court action to collect21
fines imposed and not timely appealed. No child care facility or child-placing22
agency shall claim imposed fines as reimbursable. Interest shall begin to accrue at23
the current judicial rate on the day following the date on which any fines become due24
and payable. All costs of any successful action to collect such fines, including travel25
expenses and reasonable attorney fees, shall be awarded to the department in26
addition to the fines.27
D.(1) Civil fines collected pursuant to the provisions of this Section shall be28
deposited immediately into the state treasury.29 HLS 12RS-1330 ORIGINAL
HB NO. 675
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are additions.
(2) After compliance with the requirements of Article VII, Section 9(B) of1
the Constitution of Louisiana relative to the Bond Security and Redemption Fund,2
and prior to the monies being placed in the state general fund, an amount equal to the3
amount deposited as provided in Paragraph (1) of this Subsection shall be credited4
to a special fund hereby created in the state treasury to be known as the "Child Care5
Licensing Trust Fund", hereinafter referred to as "the fund". The monies in the fund6
shall be subject to annual appropriation and shall be available exclusively for use by7
the Department of Children and Family Services for the education and training of8
employees, staff, or other personnel of child care facilities and child-placing9
agencies.10
(3) The monies in the fund shall be invested by the treasurer in the same11
manner as the monies in the state general fund, and all interest earned from the12
investment of monies in the fund shall be deposited in and remain to the credit of the13
fund. All unexpended and unencumbered monies remaining in the fund at the end14
of the fiscal year shall remain in the fund.15
Section 2. This Act shall become effective January 1, 2013.16
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Leger HB No. 675
Abstract: Establishes penalties, in lieu of revocation, for child care facilities or child-
placing agencies that violate the terms of licensure or other regulations.
Proposed law authorizes, in lieu of revocation, the assessment of a civil fine by the
department for violations related to supervision, criminal history record checks through the
state central registry disclosure process, staff-to-child ratios, motor vehicle checks, or failing
to report critical incidents to the department if such condition or occurrence does not pose
an imminent threat to the health, safety, rights, or welfare of a child. Establishes a $250 civil
fine per day for each assessment. Provides that the aggregate fines assessed for violations
determined in any consecutive 12-month period shall not exceed $2,000.
Proposed law requires the department to adopt rules in accordance with the Administrative
Procedure Act that articulate factors in assessing civil fines, including the severity of risk,
the actual harm and mitigating circumstances, the history of noncompliance, an explanation
of the treatment of continuing and repeat deficiencies, evidence of a good faith effort to
comply, and any other relevant factors. Also requires the department to develop and adopt
rules and regulations required by proposed law with input and guidance from the La. HLS 12RS-1330 ORIGINAL
HB NO. 675
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are additions.
Advisory Council on Child Care and Early Education. Specifies that the authority to impose
fines pursuant to proposed law commences on the effective date of the rules promulgated
pursuant to proposed law.
Proposed law requires the department to adopt rules and regulations in accordance with the
Administrative Procedure Act to provide for notice to the child care facility or child-placing
agency of any violation, for a departmental reconsideration process for fines issued, and for
an appeal procedure including judicial review. Provides that any such appeal is suspensive.
Requires all appeals pursuant to proposed law to be heard by the division of administrative
law pursuant to state law. Requires the division to furnish the facility or agency a copy of
the decision, together with notice of the manner for requesting judicial review. Specifies that
during the pendency of an appeal, a child care facility or child-placing agency may continue
to receive funding for services provided to those eligible children as determined by the
department.
Proposed law authorizes the department to institute any necessary civil court action to collect
fines imposed and not timely appealed. Prohibits child care facilities or child-placing
agencies from claiming imposed fines as reimbursable. Specifies that interest will begin to
accrue at the current judicial rate on the day following the date on which any fines become
due and payable. Provides that all costs of any successful action to collect such fines,
including travel expenses and reasonable attorney fees, will be awarded to the department
in addition to the fines.
Proposed law requires civil fines collected pursuant to proposed law be deposited
immediately into the state treasury.
Provides that after compliance with the requirements of state constitution 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 as provided in proposed law shall be
credited to a special fund hereby created in the state treasury to be known as the "Child Care
Licensing Trust Fund" (the fund). Specifies that the monies in the fund are subject to annual
appropriation and must be available exclusively for use by the Dept. of Children and Family
Services for the education, employment, and training of employees, staff, or other personnel
of child care facilities and child-placing agencies.
Requires the monies in the fund 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. Requires all unexpended and
unencumbered monies remaining in the fund at the end of the fiscal year to remain in the
fund.
Effective Jan. 1, 2013.
(Adds R.S. 46:1430)