ENROLLED
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Regular Session, 2012
HOUSE BILL NO. 982
BY REPRESENTATIVE BARROW
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
(3) For a detention facility authorized to care for sixteen or more juveniles,20
the license fee shall be six hundred dollars.21
§1110.1. Operating without or in violation of license or regulations; penalties22
A. Whoever operates a juvenile detention facility without a valid license23
issued by the Department of Children and Family Services pursuant to R.S. 15:111024 ENROLLEDHB NO. 982
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shall be fined one thousand dollars for each day of operation without the valid1
license. In addition to seeking civil fines imposed pursuant to the provisions of this2
Section, if any juvenile detention facility operates without a valid license issued by3
the department, the department may file suit in the district court in the parish in4
which the facility is located for injunctive relief, including a temporary restraining5
order, to restrain the institution, society, agency, corporation, person or persons, or6
any other group operating the facility, from continuing the violation.7
B.(1) No person shall operate any juvenile detention facility in violation of8
any provision of R.S. 15:1110, or any other state or federal statute, regulation, or any9
department rule adopted pursuant to the Administrative Procedure Act that governs10
the ownership or operation of juvenile detention facilities.11
(2) In lieu of revocation of the facility's license, the department may issue12
a written warning that includes a corrective action plan to any person or entity13
violating these requirements when the violation creates a condition or occurrence14
relating to the operation and maintenance of a juvenile detention facility that does15
not pose an imminent threat to the health, safety, rights, or welfare of a child.16
Failure to implement a corrective action plan issued pursuant to the provisions of this17
Section may result in either the assessment of a civil fine or license revocation or18
may result in both actions being taken by the department. Such civil fines shall not19
exceed two hundred fifty dollars per day for each fine assessment; however, the20
aggregate fines assessed for violations determined in any consecutive twelve-month21
period shall not exceed two thousand dollars.22
(3) The department shall adopt rules in accordance with the Administrative23
Procedure Act that provide specific factors for determining the type of sanction to24
be imposed including severity of risk, actual harm, failure to implement a written25
corrective action plan, mitigating circumstances, the history of noncompliance and26
an explanation of the treatment of continuing noncompliance, an explanation of the27
treatment of continuing repeat deficiencies, evidence of good faith effort to comply,28
and any other relevant factors. The department shall develop and adopt rules and29
regulations required by this Paragraph with input and guidance from the Louisiana30 ENROLLEDHB NO. 982
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Juvenile Detention Association. The authority to impose sanctions pursuant to this1
Section shall commence on the effective date of the rules promulgated pursuant to2
this Section.3
C.(1) The department shall adopt rules and regulations in accordance with4
the Administrative Procedure Act to provide for notice to the juvenile detention5
facility of any violation, for a departmental reconsideration process for sanctions6
issued, and for an appeal procedure, including judicial review.7
(2) An appeal of any department decision for a violation of any provision of8
this Part shall be suspensive. All appeals filed pursuant to the provisions of this9
Section shall be heard by the division of administrative law pursuant to Chapter 13-B10
of Title 49 of the Louisiana Revised Statutes of 1950. The division shall furnish the11
facility or agency a copy of the decision, together with notice of the procedure for12
requesting judicial review.13
D. The department may institute all necessary civil court actions to collect14
fines imposed that are not timely appealed. No juvenile detention facility may claim15
imposed fines as reimbursable. Interest shall begin to accrue at the current judicial16
rate on the day following the date on which any fines become due and payable. All17
costs of any successful action to collect such fines, including travel expenses and18
reasonable attorney fees, shall be awarded to the department in addition to the fines.19
E.(1) Civil fines collected pursuant to the provisions of this Section shall be20
deposited immediately into the state treasury.21
(2) After compliance with the requirements of Article VII, Section 9(B) of22
the Constitution of Louisiana relative to the Bond Security and Redemption Fund,23
and prior to the monies being placed in the state general fund, an amount equal to the24
amount deposited as provided in Paragraph (1) of this Subsection shall be credited25
to a special fund hereby created in the state treasury to be known as the "Juvenile26
Detention Licensing Trust Fund". The monies in the fund shall be subject to annual27
appropriation and shall be available exclusively for use by the Department of28
Children and Family Services for the education and training of employees, staff, or29
other personnel of juvenile detention facilities.30 ENROLLEDHB NO. 982
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(3) The monies in the fund shall be invested by the treasurer in the same1
manner as the monies in the state general fund, and all interest earned from the2
investment of monies in the fund shall be deposited in and remain to the credit of the3
fund. All unexpended and unencumbered monies remaining in the fund at the end4
of the fiscal year shall remain in the fund.5
(4) The secretary of the Department of Children and Family Services may6
promulgate rules and regulations in accordance with the Administrative Procedure7
Act to provide for the administration of the fund.8
§1110.2. Disclosure requirements; penalties9
A. Any owner, operator, current or prospective employee, or volunteer of a10
juvenile detention facility licensed by the Department of Children and Family11
Services shall report annually and at any time upon the request of the department, on12
the state central registry disclosure form promulgated by the department, whether or13
not his name is currently recorded on the state central registry for a justified finding14
of abuse or neglect and that he is the named perpetrator.15
B. All such completed state central registry disclosure forms shall be16
maintained in accordance with the department licensing regulations. Any state17
central registry disclosure form that is maintained in a juvenile detention facility18
licensing file shall be confidential and subject to the confidentiality provision of R.S.19
46:56(F) pertaining to the investigations of abuse and neglect.20
C. Any owner, operator, current or prospective employee, or volunteer of a21
juvenile detention facility licensed by the department who knowingly falsifies the22
information on the state central registry disclosure form shall be fined not more than23
five hundred dollars, imprisoned for not more than six months, or both.24
D. Any owner, operator, current or prospective employee, or volunteer of a25
juvenile detention facility licensed by the department who discloses that he is26
currently recorded on the state central registry for a justified finding of abuse or27
neglect shall be entitled to a risk assessment evaluation provided by the department28
to determine that the individual does not pose a risk to children and shall have the29
right to file an appeal in accordance with R.S. 49:992 of the Administrative30 ENROLLEDHB NO. 982
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Procedure Act. Any such determination by the risk evaluation panel shall be kept1
on file at all times by the department.2
E. The department shall promulgate rules and regulations to implement the3
provisions of this Section. The rules and regulations shall include but not be limited4
to establishing criteria for risk evaluation requests, the composition of the risk5
evaluation panel, and establishing criteria for risk evaluation determinations.6
Section 2. This Act shall become effective on July 1, 2013.7
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: