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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. 46:1403, 1404(A), 1405, 1415, 1419 through 1422, 1425(A) and2
(B), 1427(introductory paragraph), and 1428(A), to enact R.S. 46:1406 and 1407,3
and to repeal R.S. 46:1408, 1409, 1412, 1413, and 1424, relative to child care4
facilities; to provide for licensure requirements; to provide for transitional5
provisions; to provide for licensure procedures; to provide for rules; to provide for6
disclosure; to provide for agencies and facilities subject to regulation; to provide for7
revocation or refusal to renew licenses; to provide for violations; to provide for8
appeals; to provide for penalties; to provide for injunctive relief; and to provide for9
related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 46:1403, 1404(A), 1405, 1415, 1419 through 1422, 1425(A) and (B),12
1427(introductory paragraph), and 1428(A) are hereby amended and reenacted, and R.S.13
1406 and 1407 are hereby enacted to read as follows:14
§1403. Definitions15
A. As used in this Chapter, the following definitions shall apply unless the16
context clearly states otherwise:17 SB NO. 222
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(1)"Camp" means any place or facility operated by any institution,1
society, agency, corporation, person or persons, or any other group which serves2
only children at least five years of age or older and operates only when school3
is not in session during the summer months and/or school holidays.4
(2) "Child" means a person who has not reached age eighteen or otherwise5
been legally emancipated. The words "child" and "children" are used interchangeably6
in this Chapter.7
(2)(3) "Child-placing agency" means any institution, society, agency,8
corporation, facility, person or persons, or any other group engaged in placing9
children in foster care or with substitute parents for temporary care or for adoption,10
or engaged in assisting or facilitating the adoption of children, or engaged in placing11
youth in transitional placing programs, but shall not mean a person who may12
occasionally refer children for temporary care.13
(3) "Community home" means any place, facility, or home operated by any14
institution, society, agency, corporation, person or persons, or any other group which15
receives therein at least four but not more than six individuals, who are not related16
to the operator and whose parents or guardians are not residents of the same facility,17
for supervision, care, lodging, and maintenance, with or without transfer of custody.18
(4) "Day Child day care center" means any place or facility operated by any19
institution, society, agency, corporation, person or persons, or any other group for20
the purpose of providing care, supervision, and guidance of seven or more children,21
not including those related to the caregiver, unaccompanied by parent or guardian,22
on a regular basis for at least twelve and one-half hours in a continuous seven-day23
week. If a child day care center provides transportation or arranges for24
transportation to and from the center, either directly or by contract with third25
parties, all hours during which a child is being transported shall be included in26
calculating the hours of operation. A day care center that remains open for more27
than twelve and one-half hours in a continuous seven-day week, and in which no28
individual child remains for more than twenty-four hours in one continuous stay shall29 SB NO. 222
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be known as a full-time day care center. A day care center that remains open after1
9:00 p.m. shall meet the appropriate regulations established for nighttime care.2
(5) "Department" means the Department of Health and Hospitals, with3
respect to facilities and agencies funded under Title XIX of the Social Security Act,4
and the Department of Children and Family Services for all other facilities and5
agencies.6
(6) "Group home" means any place, facility, or home operated by any7
institution, society, agency, corporation, person or persons, or any other group which8
receives therein at least seven but not more than fifteen children who are not related9
to the operators and whose parents or guardians are not residents of the same facility10
for supervision, care, lodging, and maintenance, with or without transfer of custody.11
"License category" means the category of license applied for or held, which12
shall include child day care centers, maternity homes, residential homes, and13
child-placing agencies.14
(7) "License type" means the type of license applied for or held, which15
shall include Type I, Type II, Type III, and Type IV licenses.16
(8) "Maternity home" means any place or facility in which any institution,17
society, agency, corporation, person or persons, or any other group regularly receives18
and provides necessary services for children before, during, and immediately19
following birth. This definition shall not include any place or facility which receives20
and provides services for women who receive maternity care in the home of a21
relative within the sixth degree of kindred, computed according to civil law, or22
general or special hospitals in which maternity treatment and care is part of the23
medical services performed and the care of children only brief and incidental.24
(8)(9) "Related" or "relative" means a natural or adopted child or grandchild25
of the caregiver or a child in the legal custody of the caregiver.26
(9)(10) "Residential home" means any place, facility, or home operated by27
any institution, society, agency, corporation, person or persons, or any other group28
to provide full-time care, twenty-four hours per day, for more than fifteen more29 SB NO. 222
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than four children who are not related to the operators and whose parents or1
guardians are not residents of the same facility, with or without transfer of custody.2
A residential home as defined in this Paragraph includes facilities known as3
children's homes, halfway houses, residential treatment centers, training schools, and4
facilities for the mentally retarded, emotionally disturbed, socially maladjusted, or5
otherwise mentally or physically handicapped.6
(10)(11) "School", as referred to in R.S. 46:1415, means any institution or7
facility which provides for education of children in grades one or above. Any8
kindergarten or prekindergarten attached thereto shall be considered part of that9
school.10
(12) "Specialized provider" means a child-placing agency, maternity11
home, or residential home.12
(13) A "Type I license" means a license held by a child day care center13
or residential home that is owned or operated by a church or religious14
organization that does not wish to be licensed as a Type II or Type III center.15
"Type I license" also means a license held by a child day care center or16
residential home holding a Class B license prior to the effective date of this17
Section.18
(14) "Type I license" means the license held by a privately owned child19
day care center that either receives no state or federal funds from any source,20
whether directly or indirectly, or whose only source of state or federal funds is21
the federal food and nutrition program.22
(15) "Type II license" means the license held by any publicly- or23
privately-owned specialized provider.24
(16) "Type III license" means the license held by any publicly- or25
privately-owned child day care center which receives state or federal funds,26
directly or indirectly, from any source other than the federal food and nutrition27
program. Type III child day care centers must meet the performance and28
academic standards of the Early Childhood Care and Education Network29 SB NO. 222
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regarding kindergarten readiness, as determined by the State Board of1
Elementary and Secondary Education.2
(11)(17) "Youth" means a person not less than sixteen years of age nor older3
than twenty-one years of age.4
B. For purposes of this Chapter "child care facility" shall include community5
homes, maternity homes, group homes, child day care centers, and residential homes6
as defined in this Section.7
* * *8
§1404. Requirement of licensure9
A. All child day care facilities centers and child-placing agencies10
specialized providers, including facilities owned or operated by any governmental,11
profit, nonprofit, private, or church agency, shall be licensed pursuant to this12
Chapter. Child care licenses shall be of two four types: Class A and Class B. All13
child-placing agency licenses shall be Class A only. Type I, Type II, Type III, and14
Type IV.15
* * *16
§1405. Transitional provisions17
All child care facilities which were licensed on September 1, 1985, shall18
automatically be issued Class A licenses. All child care facilities which were19
registered on September 1, 1985, shall automatically be issued Class B licenses20
without the necessity of making an application for licensure A.(1) Until such time21
as rules are promulgated by the department, child care facilities and22
child-placing agencies shall follow the rules, regulations, and standards for23
Class A and Class B licensure as established by R.S. 46:1409 and 1413.24
(2) The department shall provide for the creation of a child care25
committee to include one representative from Louisiana's Early Childhood26
Advisory Council, the Child Care Association of Louisiana, the nonpublic27
school commission, the Department of Children and Family Services, and the28
Department of Education. The Department of Children and Family Services29 SB NO. 222
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shall seek input from the committee in the development of the rules and1
regulations establishing Type I, Type II, Type III, and Type IV licenses and2
shall submit all recommended rules and regulations pursuant to this Section to3
the committee for approval.4
B. All existing child day care centers or residential homes possessing a5
Class B license on July 31, 2013, shall automatically be issued an authorization6
certificate as provided by rule.7
C.(1)All child day care centers that meet the definition for a Type II8
license pursuant to this Chapter shall be issued a Type II license.9
(2) Any child day care center possessing a Class A license upon the10
effective date of this Section that meets the definition of a Type II license11
pursuant to this Chapter, shall automatically be issued a Type II license.12
D. 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
E.(1) All existing child placing agencies, maternity homes, and residential16
homes that meet the definition for a Type IV license pursuant to this Chapter17
shall be issued a Type IV license as provided by rule.18
(2) Any maternity home, residential home, or child-placing agency19
possessing a Class A license upon the effective date of this Section that meets the20
definition of a Type IV license pursuant to this Chapter, shall automatically be21
issued a Type IV license.22
F. Any child day care center requesting to change their license type for23
the following year shall apply to the department no later than December first24
of the preceding year. This Subsection shall not apply to child day care centers25
changing location or ownership that are required to apply for a new licence26
pursuant to Subsection 1406(D) of this Chapter.27
§1406. Licenses and authorization certificates; application; temporary or28
provisional; fees29 SB NO. 222
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A. Application for licensure of a new child day care center or specialized1
provider shall be made by the child day care center or specialized provider to2
the department upon forms furnished by the department. Upon receipt of the3
application for a license and verification that minimum requirements for such4
license as established by rule are satisfied, and that the facility or agency is in5
compliance with all other state and local laws and regulations, the department6
shall issue a Type I, Type II, Type III, or Type IV license for the appropriate7
license category for such period as may be provided for by rule.8
B. The department may provide through the promulgation of rules for9
the issuance of temporary, provisional, or extended licenses for each license10
category and type if a disapproval has not been received from any other state11
or local agency regulated by any other laws or rules to inspect such facilities or12
agencies.13
C. A license of any type or category shall apply only to the location stated14
on the application, and such license, once issued, shall not be transferable from15
one person to another or from one location to another. If the location or16
ownership of the facility is changed, then the license shall be automatically17
revoked. A new application form shall be completed prior to all license or18
authorization certificate renewals.19
D. All licensed or authorized facilities shall display the license in a20
prominent place at the facility, except that a facility operated by a church or21
religious organization may be exempt from such requirement provided the22
license is available upon request.23
E. There shall be an annual license for each type of child day care center24
and specialized provider in an amount equal to the annual license fee in full25
force and effect for all Class A and Class B child care facilities and child-placing26
agencies possessing such license upon the effective date of this Section, without27
an increase in the amount of such fees.28
F. There shall be an annual license fee of twenty-five dollars for any29 SB NO. 222
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license issued to a child day care center providing care for fifteen or fewer1
children; one hundred dollars for any license issued to a child day care center2
providing care for at least sixteen but no more than fifty children; one hundred3
seventy-five dollars for any license issued to a child day care center providing4
care for at least fifty-one but no more than one hundred children; and two5
hundred fifty dollars for any license issued to a child day care center providing6
care for more than one hundred children.7
G. There shall be an annual license fee of one hundred dollars for any8
license issued to a residential home providing care for six or less children; two9
hundred dollars for any license issued to a residential facility providing care for10
at least seven but no more than fifteen children; and three hundred dollars for11
any license issued to a residential facility providing care for sixteen or more12
children.13
H. There shall be an annual license fee of fifty dollars for any license14
issued to a child-placing agency or maternity home.15
I. The fees provided for in this Section shall not apply to any Type I child16
day care center owned or operated by a church or religious organization.17
J. Annual fees for any type or category of license shall not be increased18
unless expressly authorized by statute as provided in Article VII, § 2.1 of the19
Louisiana Constitution.20
§1407. Rules, regulations and standards for licenses21
A. The department shall promulgate regulations for each category and22
type of license to carry out the provisions of this Chapter in accordance with the23
provisions of the Administrative Procedure Act. The department shall seek24
input and guidance from the Louisiana Advisory Council on Child Care and25
Early Education concerning the proposed rules and regulations for approval in26
accordance with the Administrative Procedure Act.27
B.(1) The regulations developed by the department, at a minimum, shall:28
(a) Promote the health, safety, and welfare of children attending any29 SB NO. 222
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facility.1
(b) Promote safe, comfortable, and proper physical facilities.2
(c) Insure adequate supervision of those attending facilities by capable,3
qualified, and healthy personnel.4
(d) Insure adequate and healthy food service in facilities where food is5
offered.6
(e) Prohibit discrimination by child day care centers and specialized7
providers on the basis of race, color, creed, sex, national origin, handicapping8
condition, ancestry, or whether the child is being breastfed. However, this shall9
not restrict the hiring or admission policies of a licensed day care center owned10
by a church or religious organization, which may give preference in hiring or11
admission to members of the church or denomination. Nor shall it affect the12
rights of religious sectarian child-placing agencies to consider creed in any13
decision or action relating to foster care or adoption.14
(f) Require providers to have a written description of admission policies15
and criteria which expresses the needs, problems, situations, or patterns best16
addressed by its program. These policies shall be available to the person legally17
responsible for any child referred for placement.18
(g) Include procedures by which parents and guardians are given an19
opportunity for consultation and information about the educational and20
therapeutic programs for the individual in attendance.21
(h) Include regulations and standards for nighttime care.22
(i) Include procedures for the receipt, recordation, and disposition of23
complaints.24
(j) Include procedures for the child's return to the parents.25
Arrangements for the child's return to the parent shall not include third parties26
or other child care agencies unless written agreement between the child care27
agency and the parent is on file with the child care agency.28
(k) Include procedures that allow a child day care center to remedy29 SB NO. 222
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certain deficiencies immediately upon identification by the department in an1
onsite inspection, provided that any deficiency that may be remedied in such2
manner does not constitute a critical violation of licensing standards as3
determined by the department.4
(2) Any entity approved by the department shall also be required to have5
the following:6
(a) Approval from the office of the state fire marshal, code enforcement7
and building safety.8
(b) Approval from the office of public health.9
(c) Adherence by Type III child day care centers, to the performance and10
academic standards of the Early Childhood Care and Education Network11
regarding kindergarten readiness as determined by the State Board of12
Elementary and Secondary Education. The Department of Education shall base13
its approval upon the uniform accountability system.14
(3) No facility holding a Type I license shall receive any state or federal15
funds, from any source, whether directly or indirectly. If a facility holding a16
Type I license receives any state or federal funds its license shall be17
automatically revoked.18
(4) No facility holding a Type II license shall receive any state or federal19
funds, from any source, whether directly or indirectly, other than those received20
solely for food and nutrition. If a facility holding a Type II license receives any21
state or federal funds, whether directly or indirectly, other than those received22
solely for food and nutrition, its license shall be automatically revoked.23
C. The department shall prepare standard forms for applications and for24
inspection reports.25
D. A comprehensive review of all standards, rules, and regulations for26
all licenses shall be made at least every three years by the department.27
E. The secretary of the department, in specific instances, may waive28
compliance with a minimum standard upon determination that the economic29 SB NO. 222
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impact is sufficiently great to make compliance impractical, as long as the1
health and well-being of the staff or children is not imperiled. If it is determined2
that the facility or agency is meeting or exceeding the intent of a standard or3
regulation, the standard or regulation may be deemed to be met.4
F. Discrimination by child care facilities and child-placing agencies on5
the basis of race, color, creed, sex, national origin, disability, as defined by R.S.6
51:2232(11), ancestry, or whether the child is being breastfed is prohibited.7
However, this shall not restrict the hiring or admission policies of a church or8
religious organization, which may give preference in hiring or admission to9
members of the church or denomination.10
G. 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.13
H. Nothing in the rules, regulations, and standards adopted pursuant to14
this Section shall authorize or require medical examination, immunization, or15
treatment of any child whose parents object to such examination, immunization,16
or treatment on religious grounds.17
I. Every facility shall have a written discipline policy, which shall be18
made available to parents and to authorized inspection personnel upon request.19
* * *20
§1415. Facilities and agencies subject to regulation; exemptions21
All child day care facilities centers and child-placing agencies specialized22
providers shall be subject to the provisions of this Chapter. However, private or23
public day schools serving children in grades one and above or operating, including24
any kindergartens or prekindergarten programs attached thereto, as well as25
Montessori schools, camps, and all care given without charge, shall be exempt from26
such provisions.27
* * *28
§1419. Revocation or refusal to renew license; written notice29 SB NO. 222
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The department shall have the power to deny, revoke, or refuse to renew a1
license for a child-care facility child day care center or child-placing agency2
specialized provider if an applicant has failed to comply with the provisions of this3
Chapter or any applicable, published rule or regulation of the department relating to4
child care facilities child day care centers and child-placing agencies specialized5
providers. If a license is denied, revoked, or withdrawn, the action shall be effective6
when made and the department shall notify the applicant, or licensee, or specialized7
provider of such action in writing immediately and of the reason for the denial,8
revocation, or withdrawal of the license.9
§1420. Refusal or revocation of license; appeal procedure10
A. Upon the refusal of the department to grant a license or upon the11
revocation of a license, the agency, institution, society, corporation, person or12
persons, or other group having been refused a license or having had a license13
revoked shall have the right to appeal such action by submitting a written request to14
the secretary of the department within thirty days after receipt of the notification of15
the refusal of the license or, in the case of revocation, within fifteen calendar days16
after receipt of the notification of the revocation. The appeal hearings shall be held17
no later than thirty days after the request therefor, except as provided in the18
Administrative Procedure Act, and shall be conducted in accordance with applicable19
regulations of the department and the provisions of R.S. 46:107. This provision shall20
in no way preclude the right of the party to seek relief through mandamus suit21
against the department, as provided by law.22
B. Notwithstanding any law, rule, regulation, or provision to the23
contrary, including but not limited to R.S. 49:964(A)(2), the Department of24
Children and Family Services shall be entitled to seek judicial review from any25
final decision or order rendered by the division of administrative law in any26
appeal hearing arising under this Chapter.27
§1421. Operating without or in violation of license; penalty28
Whoever operates any child day care facility center or child-placing agency29 SB NO. 222
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specialized provider, as defined in R.S. 46:1403, without a valid license issued by1
the department shall be fined not less than one thousand dollars for each day of such2
offense.3
§1422. Operating without or in violation of license; injunctive relief4
If any child day care facility center or child-placing agency specialized5
provider operates without a valid license issued by the department, the department6
may file suit in the district court in the parish in which the facility is located for7
injunctive relief, including a temporary restraining order, to restrain the institution,8
society, agency, corporation, person or persons, or any other group operating the9
facility or agency from continuing the violation. The state health officer shall have10
exclusive authority over all matters involving the prevention or spread of11
communicable diseases within a child day care facility center or child-placing12
agency specialized provider.13
* * *14
§1425. Adoption services; requirements for advertising; injunctive relief; exceptions;15
penalties16
A. It shall be unlawful for any person other than a licensed child-placing17
agency possessing a Class A or Class B license or a Louisiana-based crisis18
pregnancy center to advertise through print or electronic media that it will adopt19
children or assist in the adoption of children.20
B. If any person advertises in violation of this Section, the attorney general,21
the Department of Children and Family Services, the appropriate district attorney,22
or any licensed Class A or Class B child-placing agency or a Louisiana-based crisis23
pregnancy center may file suit in district court according to the general rules of24
venue to obtain injunctive relief to restrain the person from continuing the violation.25
* * *26
§1427. Parent-child relationship27
The Department of Social Children and Family Services shall not interfere28
with the parent-child relationship regarding the religious training of a child, where29 SB NO. 222
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all of the following conditions are met:1
* * *2
§1428. Immunization information; influenza3
A. Each licensed child care facility, whether licensed as a Class A or Class4
B facility, before November first of each year, shall make available to each child's5
parent or legal guardian information relative to the risks associated with influenza6
and the availability, effectiveness, known contraindications and possible side effects7
of the influenza immunization. Such information shall include the causes and8
symptoms of influenza, the means by which influenza is spread, and the places9
where a parent or legal guardian may obtain additional information and where a child10
may be immunized against influenza. Such information shall be updated annually if11
new information on such disease is available.12
* * *13
Section 2. R.S. 46:1408, 1409, 1412, 1413, and 1424 are hereby repealed.14
Section 3. Sections 1 and 2 shall become effective on January 1, 2014.15
The original instrument was prepared by Alan Miller. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Christopher D. Adams.
DIGEST
Walsworth (SB 222)
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 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.
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 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 II or Type III center. "Type I license" also means a license
held by a child day care center or residential home holding a Class B license prior to the
effective date of the proposed law.
Proposed law defines a "Type II license" as a license held by any publicly- or privately-
owned specialized provider. SB NO. 222
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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 the department creates a child care committee to seek input in
developing rules and regulations to establish Type I, Type II, Type III, and Type IV licenses.
Proposed law provides that all child day care centers that meet the definition for a Type II
license pursuant to proposed law shall be issued a Type II license.
Proposed law provides any child day care center possessing a Class A license on the
effective date of the proposed law that meets the definition of Type II license pursuant to
proposed law shall 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 pursuant to proposed law shall be issued a
Type III license.
Proposed law provides that all existing child placing agencies, maternity homes, and
residential homes that meet the definition for a Type IV license pursuant to proposed law
shall be issued a Type IV license.
Proposed law provides any maternity home, residential home, or child-placing agency
possessing a Class A license upon the effective date of the proposed law that meets the
definition of a Type IV license pursuant to proposed law shall be issued a Type IV license.
Proposed law provides any child day care center requesting to change their license type shall
apply with the department no later than December first of the preceding year.
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.
Proposed law requires the department to promulgate regulations for each category and type
of license to carry out the provisions of proposed law in accordance with the provisions of
the APA. Requires that the department seek input and guidance from the Louisiana Advisory
Council on Child Care and Early Education.
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 breastfed. 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 SB NO. 222
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words in boldface type and underscored are additions.
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 by Type III child care centers, 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.
Proposed law provides no facility holding a Type I license shall receive any state or federal
funds, from any source, whether directly or indirectly. If a facility holding a Type I license
receives any state or federal funds its license shall be automatically revoked.
Proposed law requires that no facility holding a Type II license 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 II license 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 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 SB NO. 222
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intent of a standard or regulation, the standard or regulation may be deemed to be met.
Proposed law provides discrimination by child care facilities and child placing agencies on
the basis of race, color, creed, sex, national origin, disability, as defined by present law,
ancestry, or whether the child is being breastfed is prohibited. However, this shall not
restrict the hiring or admission policies of a church or religious organization, which may
give presence in hiring or admission to members of the church or denomination.
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.
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. 46:1403, 1404(A), 1405, 1415, 1419 through 1422, 1425(A) and (B),
1427(intro para), and 1428(A); adds R.S. 46:1406 and 1407; and repeals R.S. 46:1408, 1409,
1412, 1413, and 1424)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Removes authorization certificates.
2. Defines a Type I license.
3. Provides for licensure transition.
4. Creates a child care committee within the Department of Children and
Family Services.
5.Prohibits a facility holding a Type I license from receiving any federal or
state funds.
6. Prohibits discrimination.
7. Technical changes.