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Regular Session, 2013
SENATE BILL NO. 222
BY SENATOR WALSWORTH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CHILDREN. Revises licensure procedures for child day care centers and facilities. (8/1/13)
AN ACT1
To amend and reenact R.S. 46:1402.1, 1403, 1404(A), 1405, 1414.1(A), (B), (C), and (D),2
1415, 1419 through 1422, 1425(A) and (B), 1426 (introductory paragraph) and (C),3
1427(introductory paragraph), 1428(A) and 1430(A)(1), to enact R.S. 46:1406 and4
1407, and to repeal R.S. 46:1408, 1409, 1412, 1413, and 1424, relative to child care5
facilities; to provide for licensure requirements; to provide for transitional6
provisions; to provide for licensure and authorization certificate procedures; to7
provide for rules; to provide for disclosure; to provide for agencies and facilities8
subject to regulation; to provide for revocation or refusal to renew licenses; to9
provide for violations; to provide for appeals; to provide for penalties; to provide for10
injunctive relief; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 46:1402.1, 1403, 1404(A), 1405, 1414.1(A), (B), (C), and (D), 1415,13
1419 through 1422, 1425(A) and (B), 1426 (introductory paragraph) and (C),14
1427(introductory paragraph), 1428(A), and 1430(A)(1) are hereby amended and reenacted,15
and R.S. 1406 and 1407 are hereby enacted to read as follows:16
§1402.1. Licensing; prohibition of conflict of interest17 SB NO. 222
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All licenses or authorization certificates issued to child care facilities and1
child-placing facilities pursuant to this Chapter shall specify that the facility shall not2
enter into any contract or engage in any activities in conflict with its duties to the3
mothers, fathers, and children that it is licensed or authorized to serve.4
§1403. Definitions5
A. As used in this Chapter, the following definitions shall apply unless the6
context clearly states otherwise:7
(1) "Authorization certificate" means a certificate issued to a child day8
care center or residential home that is owned or operated by a church or9
religious organization that does not wish to be licensed as a Type I or Type II10
center. "Authorization certificate" also means a certificate held by a child day11
care center or residential home holding a Class B license prior to the effective12
date of this Act.13
(2) "Camp" means any place or facility operated by any institution,14
society, agency, corporation, person or persons, or any other group which serves15
only children at least five years of age or older and operates only when school16
is not in session during the summer months and/or school holidays.17
(1)(3) "Child" means a person who has not reached age eighteen or otherwise18
been legally emancipated. The words "child" and "children" are used interchangeably19
in this Chapter.20
(2)(4) "Child-placing agency" means any institution, society, agency,21
corporation, facility, person or persons, or any other group engaged in placing22
children in foster care or with substitute parents for temporary care or for adoption,23
or engaged in assisting or facilitating the adoption of children, or engaged in placing24
youth in transitional placing programs, but shall not mean a person who may25
occasionally refer children for temporary care.26
(3) "Community home" means any place, facility, or home operated by any27
institution, society, agency, corporation, person or persons, or any other group which28
receives therein at least four but not more than six individuals, who are not related29 SB NO. 222
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to the operator and whose parents or guardians are not residents of the same facility,1
for supervision, care, lodging, and maintenance, with or without transfer of custody.2
(4)(5) "Day Child day care center" means any place or facility operated by3
any institution, society, agency, corporation, person or persons, or any other group4
for the purpose of providing care, supervision, and guidance of seven or more5
children, not including those related to the caregiver, unaccompanied by parent or6
guardian, on a regular basis for at least twelve and one-half hours in a continuous7
seven-day week. If a child day care center provides transportation or arranges8
for transportation to and from the center, either directly or by contract with9
third parties, all hours during which a child is being transported shall be10
included in calculating the hours of operation. A day care center that remains11
open for more than twelve and one-half hours in a continuous seven-day week, and12
in which no individual child remains for more than twenty-four hours in one13
continuous stay shall be known as a full-time day care center. A day care center that14
remains open after 9:00 p.m. shall meet the appropriate regulations established for15
nighttime care.16
(5)(6) "Department" means the Department of Health and Hospitals, with17
respect to facilities and agencies funded under Title XIX of the Social Security Act,18
and the Department of Children and Family Services for all other facilities and19
agencies.20
(6) "Group home" means any place, facility, or home operated by any21
institution, society, agency, corporation, person or persons, or any other group which22
receives therein at least seven but not more than fifteen children who are not related23
to the operators and whose parents or guardians are not residents of the same facility24
for supervision, care, lodging, and maintenance, with or without transfer of custody.25
(7) "License category" means the category of license applied for or held,26
which shall include child day care centers, maternity homes, residential homes,27
and child-placing agencies.28
(8) "License type" means the type of license applied for or held, which29 SB NO. 222
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shall include Type I, Type II, and Type III licenses.1
(7)(9) "Maternity home" means any place or facility in which any institution,2
society, agency, corporation, person or persons, or any other group regularly receives3
and provides necessary services for children before, during, and immediately4
following birth. This definition shall not include any place or facility which receives5
and provides services for women who receive maternity care in the home of a6
relative within the sixth degree of kindred, computed according to civil law, or7
general or special hospitals in which maternity treatment and care is part of the8
medical services performed and the care of children only brief and incidental.9
(8)(10) "Related" or "relative" means a natural or adopted child or grandchild10
of the caregiver or a child in the legal custody of the caregiver.11
(9)(11) "Residential home" means any place, facility, or home operated by12
any institution, society, agency, corporation, person or persons, or any other group13
to provide full-time care, twenty-four hours per day, for more than fifteen more14
than four children who are not related to the operators and whose parents or15
guardians are not residents of the same facility, with or without transfer of custody.16
A residential home as defined in this Paragraph includes facilities known as17
children's homes, halfway houses, residential treatment centers, training schools, and18
facilities for the mentally retarded, emotionally disturbed, socially maladjusted, or19
otherwise mentally or physically handicapped.20
(10)(12) "School", as referred to in R.S. 46:1415, means any institution or21
facility which provides for education of children in grades one or above. Any22
kindergarten or prekindergarten attached thereto shall be considered part of that23
school.24
(13) "Specialized provider" means a child-placing agency, maternity25
home, or residential home.26
(14) "Type I license" means the license held by a privately owned child27
day care center that either receives no state or federal funds from any source,28
whether directly or indirectly, or whose only source of state or federal funds is29 SB NO. 222
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the federal food and nutrition program.1
(15) "Type II license" means the license held by any publicly- or2
privately-owned specialized provider.3
(16) "Type III license" means the license held by any publicly- or4
privately-owned child day care center which receives state or federal funds,5
directly or indirectly, from any source other than the federal food and nutrition6
program. Type III child day care centers must meet the performance and7
academic standards of the Early Childhood Care and Education Network8
regarding kindergarten readiness, as determined by the State Board of9
Elementary and Secondary Education.10
(11)(17) "Youth" means a person not less than sixteen years of age nor older11
than twenty-one years of age.12
B. For purposes of this Chapter "child care facility" shall include community13
homes, maternity homes, group homes, child day care centers, and residential homes14
as defined in this Section.15
* * *16
§1404. Requirement of licensure17
A. All child day care facilities centers and child-placing agencies18
specialized providers, including facilities owned or operated by any governmental,19
profit, nonprofit, private, or church agency, shall be licensed or possess an20
authorization certificate pursuant to this Chapter. Child care licenses shall be of21
two three types: Class A and Class B. All child-placing agency licenses shall be22
Class A only. Type I, Type II, and Type III.23
* * *24
§1405. Transitional provisions25
All child care facilities which were licensed on September 1, 1985, shall26
automatically be issued Class A licenses. All child care facilities which were27
registered on September 1, 1985, shall automatically be issued Class B licenses28
without the necessity of making an application for licensure. A.(1) All child day29 SB NO. 222
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care centers that meet the definition for a Type I license pursuant to this1
Chapter shall be automatically issued a Type I license.2
(2) Any child day care center possessing a Class A license on July 31,3
2013, that meets the definition of a Type I license pursuant to this Chapter, shall4
automatically be issued a Type I license on the effective date of this Act.5
B.(1) All existing child placing agencies, maternity homes, and residential6
homes that meet the definition for a Type II license pursuant to this Chapter7
shall automatically be issued a Type II license as provided by rule.8
(2) Any child day care center, maternity home, residential home, or9
child-placing agency possessing a Class A license on July 31, 2013, that meets10
the definition of a Type II license pursuant to this Chapter, shall automatically11
be issued a Type II license on the effective date of this Act.12
C. All existing child day care centers that meet the definition for a Type13
III license pursuant to this Chapter shall be automatically issued a Type III14
license in accordance with applicable regulations.15
D. All existing child day care centers or residential homes possessing a16
Class B license on July 31, 2013, shall automatically be issued an authorization17
certificate as provided by rule.18
E. Any child care center requesting to change their license type or19
authorization certificate for the following year shall apply to the department no20
later than December first of the preceding year. This Subsection shall not apply21
to child day care centers changing location or ownership that are required to22
apply for a new licence or authorization certificate pursuant to Subsection23
1406(D) of this Chapter.24
§1406. Licenses and authorization certificates; application; temporary or25
provisional; fees26
A. Application for licensure of a new child day care center or specialized27
provider shall be made by the child day care center or specialized provider to28
the department upon forms furnished by the department. Upon receipt of the29 SB NO. 222
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application for a license and verification that minimum requirements for such1
license as established by rule are satisfied, and that the facility or agency is in2
compliance with all other state and local laws and regulations, the department3
shall issue a Type I, Type II, or Type III license for the appropriate license4
category for such period as may be provided for by rule.5
B. Application for a new authorization certificate as a child day care6
center shall be made by the child day care center to the department upon forms7
furnished by the department. Upon receipt of the application for authorization8
and upon verification that minimum requirements for such authorization as9
established by rule are met, and that the child day care center is in compliance10
with all other state and local laws and regulations, the department shall issue11
an authorization certificate for such period as may be provided for by rule.12
C. The department may provide through the promulgation of rules for13
the issuance of temporary, provisional, or extended licenses or authorization14
certificates for each license category and type if a disapproval has not been15
received from any other state or local agency regulated by any other laws or16
rules to inspect such facilities or agencies.17
D. A license or authorization certificate of any type or category shall18
apply only to the location stated on the application, and such license or19
authorization certificate, once issued, shall not be transferable from one person20
to another or from one location to another. If the location or ownership of the21
facility is changed, then the license or authorization certificate shall be22
automatically revoked. A new application form shall be completed prior to all23
license or authorization certificate renewals.24
E. All licensed or authorized facilities shall display the license or25
authorization certificate in a prominent place at the facility, except that a26
facility operated by a church or religious organization may be exempt from27
such requirement provided the license or authorization certificate is available28
upon request.29 SB NO. 222
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F. There shall be an annual license and authorization certificate fee for1
each type of child day care center and specialized provider in an amount equal2
to the annual license fee in full force and effect for all Class A and Class B child3
care facilities and child-placing agencies possessing such certificate on July 31,4
2013, without an increase in the amount of such fees.5
G. There shall be an annual license and authorization certificate fee of6
twenty-five dollars for any license or authorization certificate issued to a child7
day care center providing care for fifteen or fewer children; one hundred8
dollars for any license or authorization certificate issued to a child day care9
center providing care for at least sixteen but no more than fifty children; one10
hundred seventy-five dollars for any license or authorization certificate issued11
to a child day care center providing care for at least fifty-one but no more than12
one hundred children; and two hundred fifty dollars for any license or13
authorization certificate issued to a child day care center providing care for14
more than one hundred children.15
H. There shall be an annual license fee of one hundred dollars for any16
license issued to a residential home providing care for six or less children; two17
hundred dollars for any license issued to a residential facility providing care for18
at least seven but no more than fifteen children; and three hundred dollars for19
any license issued to a residential facility providing care for sixteen or more20
children.21
I. There shall be an annual license fee of fifty dollars for any license22
issued to a child-placing agency or maternity home.23
J. The fees provided for in this Section shall not apply to any authorized24
child day care center owned or operated by a church or religious organization.25
K. Annual fees for an authorization and any type or category of license26
shall not be increased unless expressly authorized by statute as provided in27
Article VII, § 2.1 of the Louisiana Constitution.28
§1407. Rules, regulations and standards for licenses and authorization29 SB NO. 222
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certificates1
A. The department shall promulgate regulations for authorization2
certificates and each category and type of license to carry out the provisions of3
this Chapter in accordance with the provisions of the Administrative Procedure4
Act.5
B.(1) The regulations developed by the department, at a minimum, shall:6
(a) Promote the health, safety, and welfare of children attending any7
facility.8
(b) Promote safe, comfortable, and proper physical facilities.9
(c) Insure adequate supervision of those attending facilities by capable,10
qualified, and healthy personnel.11
(d) Insure adequate and healthy food service in facilities where food is12
offered.13
(e) Prohibit discrimination by child day care centers and specialized14
providers on the basis of race, color, creed, sex, national origin, handicapping15
condition, ancestry, or whether the child is being breast-fed. However, this shall16
not restrict the hiring or admission policies of a licensed day care center owned17
by a church or religious organization, which may give preference in hiring or18
admission to members of the church or denomination. Nor shall it affect the19
rights of religious sectarian child-placing agencies to consider creed in any20
decision or action relating to foster care or adoption.21
(f) Require providers to have a written description of admission policies22
and criteria which expresses the needs, problems, situations, or patterns best23
addressed by its program. These policies shall be available to the person legally24
responsible for any child referred for placement.25
(g) Include procedures by which parents and guardians are given an26
opportunity for consultation and information about the educational and27
therapeutic programs for the individual in attendance.28
(h) Include regulations and standards for nighttime care.29 SB NO. 222
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(i) Include procedures for the receipt, recordation, and disposition of1
complaints.2
(j) Include procedures for the child's return to the parents.3
Arrangements for the child's return to the parent shall not include third parties4
or other child care agencies unless written agreement between the child care5
agency and the parent is on file with the child care agency.6
(k) Include procedures that allow a child day care center to remedy7
certain deficiencies immediately upon identification by the department in an8
onsite inspection, provided that any deficiency that may be remedied in such9
manner does not constitute a critical violation of licensing standards as10
determined by the department.11
(2) Any entity approved by the department shall also require the12
following:13
(a) Approval from the office of the state fire marshal, code enforcement14
and building safety.15
(b) Approval from the office of public health.16
(c) Adherence to the performance and academic standards of the Early17
Childhood Care and Education Network regarding kindergarten readiness as18
determined by the State Board of Elementary and Secondary Education. The19
Department of Education shall base its approval upon the uniform20
accountability system.21
(3) No facility holding a Type I license or authorization certificate shall22
receive any state or federal funds, from any source, whether directly or23
indirectly, other than those received solely for food and nutrition. If a facility24
holding a Type I license or authorization certificate receives any state or federal25
funds, whether directly or indirectly, other than those received solely for food26
and nutrition, its license or authorization certificate shall be automatically27
revoked.28
C. The department shall prepare standard forms for applications and for29 SB NO. 222
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inspection reports.1
D. A comprehensive review of all standards, rules, and regulations for2
all licenses and authorizations shall be made at least every three years by the3
department.4
E. The secretary of the department, in specific instances, may waive5
compliance with a minimum standard upon determination that the economic6
impact is sufficiently great to make compliance impractical, as long as the7
health and well-being of the staff or children is not imperiled. If it is determined8
that the facility or agency is meeting or exceeding the intent of a standard or9
regulation, the standard or regulation may be deemed to be met.10
F. The department shall not regulate or attempt to regulate or control11
the religious or spiritual content of the curriculum of a school or facility12
sponsored by a church or religious organization as long as the civil or human13
rights of the children are not violated.14
G. Nothing in the rules, regulations, and standards adopted pursuant to15
this Section shall authorize or require medical examination, immunization, or16
treatment of any child whose parents object to such examination, immunization,17
or treatment on religious grounds.18
H. Every facility shall have a written discipline policy, which shall be19
made available to parents and to authorized inspection personnel upon request.20
* * *21
§1414.1. Disclosure requirements; penalties22
A. Any owner, operator, current or prospective employee, or volunteer of a23
child care facility licensed or authorized by the Department of Children and Family24
Services shall report annually and at any time upon the request of the department on25
the state central registry disclosure form promulgated by the department whether or26
not his name is currently recorded on the state central registry for a justified finding27
of abuse or neglect and he is the named perpetrator.28
B. Any such current or prospective employee or volunteer of a child care29 SB NO. 222
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facility licensed or authorized by the department shall submit the state central1
registry disclosure form to the owner or operator of the facility, who shall maintain2
the documents in accordance with current department licensing and authorization3
requirements. Any state central registry disclosure form that is maintained in a child4
care facility licensing and authorization file shall be confidential and subject to the5
confidentiality provisions of R.S. 46:56(F) pertaining to the investigations of abuse6
and neglect.7
C. Any owner, operator, current or prospective employee, or volunteer of a8
child care facility licensed or authorized by the department who knowingly falsifies9
the information on the state central registry disclosure form shall be guilty of a10
misdemeanor offense and shall be fined not more than five hundred dollars, or11
imprisoned for not more than six months, or both.12
D. Any owner, operator, current or prospective employee, or volunteer of a13
child care facility licensed or authorized by the department who discloses that he14
is currently recorded on the state central registry for a justified finding of abuse or15
neglect shall be entitled to a risk assessment evaluation provided by the department16
to determine that the individual does not pose a risk to children. Any such individual17
who is determined to pose a risk to children shall have the right to file an appeal in18
accordance with R.S. 49:992 of the Administrative Procedure Act. Any such19
determination by the risk evaluation panel shall be kept on file at all times by the20
department.21
* * *22
§1415. Facilities and agencies subject to regulation; exemptions23
All child day care facilities centers and child-placing agencies specialized24
providers shall be subject to the provisions of this Chapter. However, private or25
public day schools serving children in grades one and above or operating, including26
any kindergartens or prekindergarten programs attached thereto, as well as27
Montessori schools, camps, and all care given without charge, shall be exempt from28
such provisions.29 SB NO. 222
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* * *1
§1419. Revocation or refusal to renew license; written notice2
The department shall have the power to deny, revoke, or refuse to renew a3
license or authorization certificate for a child-care facility child day care center4
or child-placing agency specialized provider if an applicant has failed to comply5
with the provisions of this Chapter or any applicable, published rule or regulation of6
the department relating to child care facilities child day care centers and child-7
placing agencies specialized providers. If a license or authorization certificate is8
denied, revoked, or withdrawn, the action shall be effective when made and the9
department shall notify the applicant, or licensee, or authorized center or10
specialized provider of such action in writing immediately and of the reason for the11
denial, revocation, or withdrawal of the license or authorization certificate.12
§1420. Refusal or revocation of license; appeal procedure13
A. Upon the refusal of the department to grant a license or authorization14
certificate upon the revocation of a license, the agency, institution, society,15
corporation, person or persons, or other group having been refused a license or16
authorization certificate or having had a license or authorization certificate17
revoked shall have the right to appeal such action by submitting a written request to18
the secretary of the department within thirty days after receipt of the notification of19
the refusal of the license or authorization certificate or, in the case of revocation,20
within fifteen calendar days after receipt of the notification of the revocation. The21
appeal hearings shall be held no later than thirty days after the request therefor,22
except as provided in the Administrative Procedure Act, and shall be conducted in23
accordance with applicable regulations of the department and the provisions of R.S.24
46:107. This provision shall in no way preclude the right of the party to seek relief25
through mandamus suit against the department, as provided by law.26
B. Notwithstanding any law, rule, regulation, or provision to the27
contrary, including but not limited to R.S. 49:964(A)(2), the Department of28
Children and Family Services shall be entitled to seek judicial review from any29 SB NO. 222
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final decision or order rendered by the division of administrative law in any1
appeal hearing arising under this Chapter.2
§1421. Operating without or in violation of license; penalty3
Whoever operates any child day care facility center or child-placing agency4
specialized provider, as defined in R.S. 46:1403, without a valid license or5
authorization certificate issued by the department shall be fined not less than one6
thousand dollars for each day of such offense.7
§1422. Operating without or in violation of license; injunctive relief8
If any child day care facility center or child-placing agency specialized9
provider operates without a valid license or authorization certificate issued by the10
department, the department may file suit in the district court in the parish in which11
the facility is located for injunctive relief, including a temporary restraining order,12
to restrain the institution, society, agency, corporation, person or persons, or any13
other group operating the facility or agency from continuing the violation. The state14
health officer shall have exclusive authority over all matters involving the prevention15
or spread of communicable diseases within a child day care facility center or child-16
placing agency specialized provider.17
* * *18
§1425. Adoption services; requirements for advertising; injunctive relief; exceptions;19
penalties20
A. It shall be unlawful for any person other than a licensed child-placing21
agency possessing a Class A or Class B license or a Louisiana-based crisis22
pregnancy center to advertise through print or electronic media that it will adopt23
children or assist in the adoption of children.24
B. If any person advertises in violation of this Section, the attorney general,25
the Department of Children and Family Services, the appropriate district attorney,26
or any licensed Class A or Class B child-placing agency or a Louisiana-based crisis27
pregnancy center may file suit in district court according to the general rules of28
venue to obtain injunctive relief to restrain the person from continuing the violation.29 SB NO. 222
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* * *1
§1426. Disclosure of information2
A. The department shall make available, upon request of a parent or guardian3
of any child who has applied for placement in a day care center licensed or4
authorized by the department, the following information relative to such day care5
center:6
* * *7
C.(1) Licensed or authorized day care centers and other state agencies shall8
cooperate with the secretary of the department to make such requested information9
available.10
(2) Day care centers shall make available to parents or legal guardians11
information on how to view or obtain copies of child care licensing or authorizing12
surveys from the department. Day care centers shall post information which explains13
that the licensing or authorizing surveys are available online and list the web14
address where such information may be obtained and information which explains15
that licensing or authorizing surveys may be obtained by sending a request in16
writing to the department. The department shall develop a form suitable for display17
which shall be posted at each licensed or authorized day care center in compliance18
with this Subsection.19
* * *20
§1427. Parent-child relationship21
The Department of Social Children and Family Services shall not interfere22
with the parent-child relationship regarding the religious training of a child, where23
all of the following conditions are met:24
* * *25
§1428. Immunization information; influenza26
A. Each licensed or authorized child care facility, whether licensed as a27
Class A or Class B facility, before November first of each year, shall make available28
to each child's parent or legal guardian information relative to the risks associated29 SB NO. 222
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with influenza and the availability, effectiveness, known contraindications and1
possible side effects of the influenza immunization. Such information shall include2
the causes and symptoms of influenza, the means by which influenza is spread, and3
the places where a parent or legal guardian may obtain additional information and4
where a child may be immunized against influenza. Such information shall be5
updated annually if new information on such disease is available.6
* * *7
§1430. Operating in violation of regulations; penalties and fines8
A.(1) For violations related to supervision, criminal history record checks,9
the state central registry disclosure process, staff-to-child ratios, motor vehicle10
checks, or failure to report critical incidents, the Department of Children and Family11
Services may issue a written warning that includes a corrective action plan, in lieu12
of revocation, upon any person or entity violating these requirements if such13
condition or occurrence does not pose an imminent threat to the health, safety, rights,14
or welfare of a child. Failure to implement a corrective action plan issued pursuant15
to this Section may result in either the assessment of a civil fine or license or16
authorization certificate revocation or may result in both actions being taken by the17
department. Such civil fine shall not exceed two hundred fifty dollars per day for18
each assessment; however, the aggregate fines assessed for violations determined in19
any consecutive twelve-month period shall not exceed two thousand dollars.20
* * *21
Section 2. R.S. 46:1408, 1409, 1412, 1413, and 1424 are hereby repealed.22
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
Present law provides for licensing of child-placing agencies, community homes, day care
centers, group homes, maternity homes, and residential homes with Class A and Class B
licenses.
Proposed law provides for licensing and authorization certification of camps, child-placing
agencies, community homes, child day care centers, group homes, maternity homes, and
residential homes with Type I, II and III licenses, and authorization certificates. SB NO. 222
SLS 13RS-227 ORIGINAL
Page 17 of 19
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law requires that all licenses issued to child care facilities and child-placing facilities
to specify that the facility shall not enter into any contract or engage in any activities in
conflict with its duties to the mothers, fathers, and children that it is licensed to serve.
Proposed law expands present law to include both licenses and authorization certificates.
Proposed law defines an "authorization certificate" as a certificate issued to a child day care
center or residential home that is owned or operated by a church or religious organization
that does not wish to be licensed as a Type I or Type II center, and a child day care center
or residential home holding a Class B license prior to the effective date of proposed law.
Proposed law defines a "specialized provider" as a child-placing agency, maternity home,
or residential home.
Proposed law defines a "Type I license" as a license held by a privately owned child day care
center that either receives no state or federal funds from any source, whether directly or
indirectly, or whose only source of state or federal funds is the federal food and nutrition
program.
Proposed law defines a "Type II license" as a license held by any publicly- or privately-
owned specialized provider.
Proposed law defines a "Type III license" as a license held by any publicly- or privately-
owned child day care center which receives state or federal funds, directly or indirectly, from
any source other than the federal food and nutrition program. Type III child day care centers
must meet the performance and academic standards of the Early Childhood Care and
Education Network regarding kindergarten readiness, as determined by the State Board of
Elementary and Secondary Education.
Proposed law provides that all child day care centers that meet the definition for a Type I
license shall be automatically issued a Type I license, and that any child day care center
possessing a Class A license on 7/31/13, that meets the definition of a Type I license shall
automatically be issued a Type I license.
Proposed law required that all day care centers and specialized providers to be either
licensed or possess an authorization certificate in order to provide services.
Proposed law provides that all existing child day care centers that meet the definition for a
Type I license, or possess a Class A license on 7/31/13, to automatically be issued a Type
I license.
Proposed law provides that all existing child placing agencies, maternity homes, and
residential homes that meet the definition for a Type II license, or possess a Class A license
on 7/31/13, to automatically be issued a Type II license.
Proposed law provides that all existing child day care centers that meet the definition for a
Type III license, or possess a Class B license on 7/31/13, to automatically be issued a Type
III license.
Proposed law provides that all existing child day care centers or residential homes that
possess a Class B license on 7/31/13, to automatically be issued an authorization certificate.
Proposed law requires a facility to apply for a new license or authorization certificate if the
location or ownership of the facility is changed.
Proposed law provides that all applicable fees provided for in present law remain in effect.
Exempts from fees any authorized child day care center owned or operated by a church or
religious organization. SB NO. 222
SLS 13RS-227 ORIGINAL
Page 18 of 19
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law requires the department to promulgate regulations for authorization
certificates and each category and type of license to carry out the provisions of proposed law
in accordance with the provisions of the APA.
(1)The regulations developed by the department, at a minimum, shall:
(a)Promote the health, safety, and welfare of children attending any facility.
(b)Promote safe, comfortable, and proper physical facilities.
(c)Insure adequate supervision of those attending facilities by capable,
qualified, and healthy personnel.
(d)Insure adequate and healthy food service in facilities where food is offered.
(e)Prohibit discrimination by child day care centers and specialized providers
on the basis of race, color, creed, sex, national origin, handicapping
condition, ancestry, or whether the child is being breast-fed. However, this
shall not restrict the hiring or admission policies of a licensed day care center
owned by a church or religious organization, which may give preference in
hiring or admission to members of the church or denomination. Nor shall it
affect the rights of religious sectarian child-placing agencies to consider
creed in any decision or action relating to foster care or adoption.
(f)Require providers to have a written description of admission policies and
criteria which expresses the needs, problems, situations, or patterns best
addressed by its program. These policies shall be available to the person
legally responsible for any child referred for placement.
(g)Include procedures by which parents and guardians are given an opportunity
for consultation and information about the educational and therapeutic
programs for the individual in attendance.
(h)Include regulations and standards for nighttime care.
(i)Include procedures for the receipt, recordation, and disposition of complaints.
(j)Include procedures for the child's return to the parents. Arrangements for the
child's return to the parent shall not include third parties or other child care
agencies unless written agreement between the child care agency and the
parent is on file with the child care agency.
(k)Include procedures that allow a child day care center to remedy certain
deficiencies immediately upon identification by the department in an onsite
inspection, provided that any deficiency that may be remedied in such
manner does not constitute a critical violation of licensing standards as
determined by the department.
Proposed law requires any entity approved by the department also do the following:
(1)Gain approval from the office of state fire marshal.
(2)Gain approval from the office of public health.
(3)Adhere to the performance and academic standards of the Early Childhood Care and
Education Network regarding kindergarten readiness as determined by BESE. The
Department of Education shall base its approval upon the uniform accountability
system. SB NO. 222
SLS 13RS-227 ORIGINAL
Page 19 of 19
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law requires that no facility holding a Type I license or authorization certificate
shall receive any state or federal funds, from any source, whether directly or indirectly, other
than those received solely for food and nutrition. If a facility holding a Type I license or
authorization certificate receives any state or federal funds, whether directly or indirectly,
other than those received solely for food and nutrition, its license or authorization certificate
shall be automatically revoked.
Proposed law requires the department to prepare standard forms for applications and for
inspection reports.
Proposed law requires a comprehensive review of all standards, rules, and regulations for
all licenses and authorizations shall be made at least every three years by the department.
Proposed law allows the department secretary, in specific instances, to waive compliance
with a minimum standard upon determination that the economic impact is sufficiently great
to make compliance impractical, as long as the health and well-being of the staff or children
is not imperiled. If it is determined that the facility or agency is meeting or exceeding the
intent of a standard or regulation, the standard or regulation may be deemed to be met.
Proposed law prohibits the department from regulating or attempting to regulate or control
the religious or spiritual content of the curriculum of a school or facility sponsored by a
church or religious organization as long as the civil or human rights of the children are not
violated.
Proposed law provides that nothing in the rules, regulations, and standards adopted pursuant
to proposed law shall authorize or require medical examination, immunization, or treatment
of any child whose parents object to such examination, immunization, or treatment on
religious grounds.
Proposed law requires that every facility have a written discipline policy, which shall be
made available to parents and to authorized inspection personnel upon request.
Effective August 1, 2013.
(Amends R.S. 46:1402.1, 1403, 1404(A), 1405, 1414.1(A), (B), (C), and (D), 1415, 1419
through 1422, 1425(A) and (B), 1426 (intro para) and (C), 1427(intro para), 1428(A) and
1430(A)(1); adds R.S. 46:1406 and 1407; and repeals R.S. 46:1408, 1409, 1412, 1413, and
1424)