HLS 12RS-1442 ENGROSSED
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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, sanctions, and penalties; to3
provide for the Juvenile Detention Licensing Trust Fund and for its uses; to require4
and provide relative to the disclosure of recordation on the state central registry for5
the abuse or neglect of children for certain persons associated with the juvenile6
detention facility; to provide for a process of appeal; to provide for an effective date;7
and to provide for 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 ENGROSSED
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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 one thousand dollars for each day of operation without the valid6
license. In addition to seeking civil fines imposed pursuant to the provisions of this7
Section, if any juvenile detention facility operates without a valid license issued by8
the department, the department may file suit in the district court in the parish in9
which the facility is located for injunctive relief, including a temporary restraining10
order, to restrain the institution, society, agency, corporation, person or persons, or11
any other group operating the facility, from continuing the violation.12
B.(1) No person shall operate any juvenile detention facility in violation of13
any provision of R.S. 15:1110, or any other state or federal statute, regulation, or any14
department rule adopted pursuant to the Administrative Procedure Act which15
governs the ownership or operation of juvenile detention facilities.16
(2) In lieu of revocation of the facility's license, the department may issue17
a written warning that includes a corrective action plan to any person or entity18
violating these requirements when the violation creates a condition or occurrence19
relating to the operation and maintenance of a juvenile detention facility that does20
not pose an imminent threat to the health, safety, rights, or welfare of a child.21
Failure to implement a corrective action plan issued pursuant to the provisions of this22
Section may result in either the assessment of a civil fine or license revocation or23
may result in both actions being taken by the department. Such civil fines shall not24
exceed two hundred fifty dollars per day for each fine assessment; however, the25
aggregate fines assessed for violations determined in any consecutive twelve-month26
period shall not exceed two thousand dollars. In addition, the person or entity may27
be liable for any criminal action which may be prosecuted pursuant to other28
applicable laws.29 HLS 12RS-1442 ENGROSSED
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(3) The department shall adopt rules in accordance with the Administrative1
Procedure Act which provide specific factors for determining the type of sanction to2
be imposed including severity of risk, actual harm, failure to implement a written3
corrective action plan, and mitigating circumstances, and which explain the4
treatment of continuing and repeat deficiencies. The department shall develop and5
adopt rules and regulations required by this Paragraph with input and guidance from6
the Louisiana Juvenile Detention Association. The authority to impose sanctions7
pursuant to this Section shall commence on the effective date of the rules8
promulgated pursuant to this Section.9
(4) The aggregate fines assessed for violations of this Part determined in any10
consecutive twelve-month period shall not exceed five thousand dollars.11
C.(1) The department shall adopt rules and regulations in accordance with12
the Administrative Procedure Act to provide for notice to the juvenile detention13
facility of any violation, for a departmental reconsideration process for fines issued,14
and for an appeal process to contest fines issued, including judicial review.15
(2) An appeal of any department decision for a violation of any provision of16
this Part shall be suspensive. All appeals filed pursuant to the provisions of this17
Section shall be heard by the division of administrative law pursuant to Chapter 13-B18
of the Louisiana Revised Statutes of 1950. The appeal shall be heard in a summary19
proceeding which shall be given precedence over other pending matters. The20
division shall furnish the facility or agency a copy of the decision, together with21
notice of the procedure for requesting judicial review.22
D. With its application for appeal, the juvenile detention facility shall furnish23
bond in the minimum amount of one hundred ten percent of the amount of the fine24
imposed by the department. The bond furnished shall provide that it is furnished as25
security that the juvenile detention facility will prosecute its appeal, that any26
judgment against it, including court costs, will be paid or satisfied from the amount27
furnished, or that otherwise the surety is liable for the amount assessed against the28
facility.29 HLS 12RS-1442 ENGROSSED
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E. The department may institute all necessary civil court actions to collect1
fines imposed which are not timely appealed. No juvenile detention facility may2
claim imposed fines as reimbursable. Interest shall begin to accrue at the current3
judicial rate on the day following the date on which any fines become due and4
payable. All costs of any action to collect such fines, including travel expenses and5
reasonable attorney fees, shall be awarded to the department in addition to the fines.6
F.(1) Civil fines collected pursuant to the provisions of this Section shall be7
deposited immediately into the state treasury.8
(2) After compliance with the requirements of Article VII, Section 9(B) of9
the Constitution of Louisiana relative to the Bond Security and Redemption Fund,10
and prior to the monies being placed in the state general fund, an amount equal to the11
amount deposited as provided in Paragraph (1) of this Subsection shall be credited12
to a special fund hereby created in the state treasury to be known as the "Juvenile13
Detention Licensing Trust Fund". The monies in the fund shall be subject to annual14
appropriation and shall be available exclusively for use by the Department of15
Children and Family Services for:16
(a) The protection of health, welfare, rights, or property of youth receiving17
services from juvenile detention facilities licensed by the Department of Children18
and Family Services.19
(b) The enforcement of sanctions against juvenile detention facilities20
licensed by the Department of Children and Family Services.21
(c) Education, employment, and training of employees, staff, or other22
personnel of juvenile detention facilities licensed by the Department of Children and23
Family Services.24
(d) The fund shall not be used for general operations of the department.25
(3) The monies in the fund shall be invested by the treasurer in the same26
manner as the monies in the state general fund, and all interest earned from the27
investment of monies in the fund shall be deposited in and remain to the credit of the28 HLS 12RS-1442 ENGROSSED
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fund. All unexpended and unencumbered monies remaining in the fund at the end1
of the fiscal year shall remain in the fund.2
(4) The secretary of the Department of Children and Family Services may3
promulgate rules and regulations in accordance with the Administrative Procedure4
Act to provide for the administration of the fund.5
§1110.2. Disclosure requirements; penalties6
A. Any owner, operator, current or prospective employee, or volunteer of a7
juvenile detention facility licensed by the Department of Children and Family8
Services shall report annually and at any time upon the request of the department on9
the state central registry disclosure form promulgated by the department whether or10
not his name is currently recorded on the state central registry for a justified finding11
of abuse or neglect and that he is the named perpetrator.12
B. All such completed state central registry disclosure forms shall be13
maintained in accordance with the department licensing regulations. Any state14
central registry disclosure form that is maintained in a juvenile detention facility15
licensing file shall be confidential and subject to the confidentiality provision of R.S.16
46:56(F) pertaining to the investigations of abuse and neglect.17
C. Any owner, operator, current or prospective employee, or volunteer of a18
juvenile detention facility licensed by the department who knowingly falsifies the19
information on the state central registry disclosure form shall be fined not more than20
five hundred dollars, imprisoned for not more than six months, or both.21
D. Any owner, operator, current or prospective employee, or volunteer of a22
juvenile detention facility licensed by the department who discloses that he is23
currently recorded on the state central registry for a justified finding of abuse or24
neglect shall be entitled to a risk assessment evaluation provided by the department25
to determine that the individual does not pose a risk to children and shall have the26
right to file an appeal in accordance with R.S. 49:992 of the Administrative27
Procedure Act. Any such determination by the risk evaluation panel shall be kept28
on file at all times by the department.29 HLS 12RS-1442 ENGROSSED
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E. The department shall promulgate rules and regulations to implement the1
provisions of this Section. The rules and regulations shall include but not be limited2
to establishing criteria for risk evaluation requests, the composition of the risk3
evaluation panel, and establishing criteria for risk evaluation determinations.4
Section 2. This Act shall become effective on January 1, 2013.5
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)Authorizes DCFS to issue a written warning that includes a corrective action plan to
any facility which operations in violation of present law and provides that the failure
to implement such corrective action plan may result in the assessment of a civil fine
not to exceed $250 per day, license revocation, or both; the aggregate of such civil
fines shall not exceed $2,000 for any consecutive 12-month period.
(5)Directs the department to adopt rules to provide factors for determining the type of
sanctions imposed, 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.
(6)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.
(7)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) HLS 12RS-1442 ENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Increased the amount of the fines imposed for the operation of a juvenile
detention facility without a valid license.
2. Amended provision relative to the operation of juvenile facilities in violation of
present law to authorize the department to issue a written warning which includes
a corrective action plan in lieu of assessing civil fines.
3. Added provision which states that the failure to implement the corrective action
plan issued pursuant to present law may result in the assessment of a civil fine
not to exceed $250 per day, license revocation, or both; the aggregate of such
civil fines shall not exceed $2,000 for any consecutive 12-month period.
4. Added the failure to implement a corrective action plan to the list of factors that
the department considers in determining the type of sanctions to be imposed.
5. Made technical corrections to incorporate these changes.