HLS 12RS-1442 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 982
BY REPRESENTATIVE BARROW
JUVENILES: Provides relative to the standards, licensing, and disclosure requirements of
juvenile detention facilities
AN ACT1
To enact R.S. 15:1110(F), 1110.1, and 1110.2, relative to juvenile detention facilities; to2
provide for annual licensing fees; to provide for fines and penalties; to provide for3
the Juvenile Detention Licensing Trust Fund and for its uses; to require and provide4
relative to the disclosure of recordation on the state central registry for the abuse or5
neglect of children for certain persons associated with the juvenile detention facility;6
to provide for a process of appeal; to provide for an effective date; and to provide for7
related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 15:1110(F), 1110.1, and 1110.2 are hereby enacted to read as10
follows:11
§1110. Detention standards; licensing; fees12
* * *13
F. There shall be an annual license fee for any license issued to a detention14
facility as follows:15
(1) For a detention facility authorized to care for six or fewer juveniles, the16
license fee shall be four hundred dollars.17
(2) For a detention facility authorized to care for at least seven but not more18
than fifteen juveniles, the license fee shall be five hundred dollars.19 HLS 12RS-1442 ORIGINAL
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(3) For a detention facility authorized to care for sixteen or more juveniles,1
the license fee shall be six hundred dollars.2
§1110.1. Operating without or in violation of license or regulations; penalties3
A. Whoever operates a juvenile detention facility without a valid license4
issued by the Department of Children and Family Services pursuant to R.S. 15:11105
shall be fined not less than seventy-five dollars nor more than two hundred fifty6
dollars for each day of operation without the valid license. In addition to seeking7
civil fines imposed pursuant to the provisions of this Section, if any juvenile8
detention facility operates without a valid license issued by the department, the9
department may file suit in the district court in the parish in which the facility is10
located for injunctive relief, including a temporary restraining order, to restrain the11
institution, society, agency, corporation, person or persons, or any other group12
operating the facility, from continuing the violation.13
B.(1) No person shall operate any juvenile detention facility in violation of14
any provision of R.S. 15:1110, or any other state or federal statute, regulation, or any15
department rule adopted pursuant to the Administrative Procedure Act which16
governs the ownership or operation of juvenile detention facilities.17
(2) In lieu of revocation of the facility's license, the department may assess18
a civil fine upon any person or entity violating these requirements when the violation19
creates a condition or occurrence relating to the operation and maintenance of a20
juvenile detention facility that threatens the health, safety, rights, or welfare of a21
child. Such civil fines shall not exceed two hundred fifty dollars per day for the first22
fine assessment and shall not exceed five hundred dollars per day for each repeat fine23
assessment that occurs within an eighteen-month period from the first fine24
assessment. In addition, the person or entity may be liable for any criminal action25
which may be prosecuted pursuant to other applicable laws.26
(3) The department shall adopt rules in accordance with the Administrative27
Procedure Act which provide specific factors for assessing civil fines including28
severity of risk, actual harm, and mitigating circumstances, and which explain the29 HLS 12RS-1442 ORIGINAL
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treatment of continuing and repeat deficiencies. The department shall develop and1
adopt rules and regulations required by this Paragraph with input and guidance from2
the Louisiana Juvenile Detention Association. The authority to impose fines3
pursuant to this Section shall commence on the effective date of the rules4
promulgated pursuant to this Section.5
(4) The aggregate fines assessed for violations of this Part determined in any6
consecutive twelve-month period shall not exceed five thousand dollars.7
C.(1) The department shall adopt rules and regulations in accordance with8
the Administrative Procedure Act to provide for notice to the juvenile detention9
facility of any violation, for a departmental reconsideration process for fines issued,10
and for an appeal process to contest fines issued, including judicial review.11
(2) An appeal of any department decision for a violation of any provision of12
this Part shall be suspensive. All appeals filed pursuant to the provisions of this13
Section shall be heard by the division of administrative law pursuant to Chapter 13-B14
of the Louisiana Revised Statutes of 1950. The appeal shall be heard in a summary15
proceeding which shall be given precedence over other pending matters. The16
division shall furnish the facility or agency a copy of the decision, together with17
notice of the procedure for requesting judicial review.18
D. With its application for appeal, the juvenile detention facility shall furnish19
bond in the minimum amount of one hundred ten percent of the amount of the fine20
imposed by the department. The bond furnished shall provide that it is furnished as21
security that the juvenile detention facility will prosecute its appeal, that any22
judgment against it, including court costs, will be paid or satisfied from the amount23
furnished, or that otherwise the surety is liable for the amount assessed against the24
facility.25
E. The department may institute all necessary civil court actions to collect26
fines imposed which are not timely appealed. No juvenile detention facility may27
claim imposed fines as reimbursable. Interest shall begin to accrue at the current28
judicial rate on the day following the date on which any fines become due and29 HLS 12RS-1442 ORIGINAL
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payable. All costs of any action to collect such fines, including travel expenses and1
reasonable attorney fees, shall be awarded to the department in addition to the fines.2
F.(1) Civil fines collected pursuant to the provisions of this Section shall be3
deposited immediately into the state treasury.4
(2) After compliance with the requirements of Article VII, Section 9(B) of5
the Constitution of Louisiana relative to the Bond Security and Redemption Fund,6
and prior to the monies being placed in the state general fund, an amount equal to the7
amount deposited as provided in Paragraph (1) of this Subsection shall be credited8
to a special fund hereby created in the state treasury to be known as the "Juvenile9
Detention Licensing Trust Fund". The monies in the fund shall be subject to annual10
appropriation and shall be available exclusively for use by the Department of11
Children and Family Services for:12
(a) The protection of health, welfare, rights, or property of youth receiving13
services from juvenile detention facilities licensed by the Department of Children14
and Family Services.15
(b) The enforcement of sanctions against juvenile detention facilities16
licensed by the Department of Children and Family Services.17
(c) Education, employment, and training of employees, staff, or other18
personnel of juvenile detention facilities licensed by the Department of Children and19
Family Services.20
(d) The fund shall not be used for general operations of the department.21
(3) The monies in the fund shall be invested by the treasurer in the same22
manner as the monies in the state general fund, and all interest earned from the23
investment of monies in the fund shall be deposited in and remain to the credit of the24
fund. All unexpended and unencumbered monies remaining in the fund at the end25
of the fiscal year shall remain in the fund.26
(4) The secretary of the Department of Children and Family Services may27
promulgate rules and regulations in accordance with the Administrative Procedure28
Act to provide for the administration of the fund.29 HLS 12RS-1442 ORIGINAL
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§1110.2. Disclosure requirements; penalties1
A. Any owner, operator, current or prospective employee, or volunteer of a2
juvenile detention facility licensed by the Department of Children and Family3
Services shall report annually and at any time upon the request of the department on4
the state central registry disclosure form promulgated by the department whether or5
not his name is currently recorded on the state central registry for a justified finding6
of abuse or neglect and that he is the named perpetrator.7
B. All such completed state central registry disclosure forms shall be8
maintained in accordance with the department licensing regulations. Any state9
central registry disclosure form that is maintained in a juvenile detention facility10
licensing file shall be confidential and subject to the confidentiality provision of R.S.11
46:56(F) pertaining to the investigations of abuse and neglect.12
C. Any owner, operator, current or prospective employee, or volunteer of a13
juvenile detention facility licensed by the department who knowingly falsifies the14
information on the state central registry disclosure form shall be fined not more than15
five hundred dollars, imprisoned for not more than six months, or both.16
D. Any owner, operator, current or prospective employee, or volunteer of a17
juvenile detention facility licensed by the department who discloses that he is18
currently recorded on the state central registry for a justified finding of abuse or19
neglect shall be entitled to a risk assessment evaluation provided by the department20
to determine that the individual does not pose a risk to children and shall have the21
right to file an appeal in accordance with R.S. 49:992 of the Administrative22
Procedure Act. Any such determination by the risk evaluation panel shall be kept23
on file at all times by the department.24
E. The department shall promulgate rules and regulations to implement the25
provisions of this Section. The rules and regulations shall include but not be limited26
to establishing criteria for risk evaluation requests, the composition of the risk27
evaluation panel, and establishing criteria for risk evaluation determinations.28
Section 2. This Act shall become effective on January 1, 2013.29 HLS 12RS-1442 ORIGINAL
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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)]
Barrow HB No. 982
Abstract: Provides relative to the standards, licensing, and disclosure requirements of
juvenile detention facilities.
Present law provides relative to the licensing standards of juvenile detention facilities and
requires all juvenile detention facilities to be licensed pursuant to the provisions of present
law by Jan. 1, 2013.
Proposed law provides for the following:
(1)The assessment of an annual licensing fee for all detention facilities.
(2)Penalties for the operation of a juvenile detention facility without a valid license.
(3)Authorizes DCFS to seek injunctive relief in addition to the penalties imposed by
proposed law.
(4)Directs the department to adopt rules to provide factors for the assessment of fines,
to provide notice to the facility of any violation, and to provide for a process to
appeal any department decision relative to a facility violation.
(5)Creates the "Juvenile Detention Licensing Fund" where all civil fines collected
pursuant to the provisions of proposed law shall be deposited and shall be used for
specific purposes outlined in present law.
(6)Requires any owner, operator, current or prospective employee, or volunteer of a
juvenile detention facility to report whether or not his name is currently recorded on
the state central registry for a justified finding of abuse or neglect.
Effective Jan. 1, 2013.
(Adds R.S. 15:1110(F), 1110.1, and 1110.2)