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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. Provides for licensure procedures for early childhood learning centers.
(1/1/14)
AN ACT1
To amend and reenact R.S. 46:1403, 1404(A), 1405, 1415, 1419 through 1422, 1425(A) and2
(B), and 1428(A), to enact R.S. 46:1406 and 1407, and to repeal R.S. 46:1408, 1409,3
1412, 1413, and 1424, relative to child care facilities; to provide for licensure4
requirements; to provide for transitional provisions; to provide for licensure5
procedures; to provide for rules; to provide for disclosure; to provide for agencies6
and facilities subject to regulation; to provide for revocation or refusal to renew7
licenses; to provide for violations; to provide for appeals; to provide for penalties;8
to provide for injunctive relief; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 46:1403, 1404(A), 1405, 1415, 1419 through 1422, 1425(A) and (B),11
and 1428(A) are hereby amended and reenacted, and R.S. 46:1406 and 1407 are hereby12
enacted to read as follows:13
§1403. Definitions14
A. As used in this Chapter, the following definitions shall apply unless the15
context clearly states otherwise:16
(1) "Camp" means any place or facility operated by any institution,17 SB NO. 222
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society, agency, corporation, person or persons, or any other group which serves1
only children at least five years of age or older and operates only when school2
is not in session during the summer months or school holidays, or both.3
(2) "Child" means a person who has not reached age eighteen or otherwise4
been legally emancipated. The words "child" and "children" are used5
interchangeably in this Chapter.6
(2)(3) "Child-placing agency" means any institution, society, agency,7
corporation, facility, person or persons, or any other group engaged in placing8
children in foster care or with substitute parents for temporary care or for adoption,9
or engaged in assisting or facilitating the adoption of children, or engaged in placing10
youth in transitional placing programs, but shall not mean a person who may11
occasionally refer children for temporary care.12
(3) "Community home" means any place, facility, or home operated by any13
institution, society, agency, corporation, person or persons, or any other group which14
receives therein at least four but not more than six individuals, who are not related15
to the operator and whose parents or guardians are not residents of the same facility,16
for supervision, care, lodging, and maintenance, with or without transfer of custody.17
(4) "Day Child day care center" means any place or facility operated by any18
institution, society, agency, corporation, person or persons, or any other group for19
the purpose of providing care, supervision, and guidance of seven or more children,20
not including those related to the caregiver, unaccompanied by parent or guardian,21
on a regular basis for at least twelve and one-half hours in a continuous seven-day22
week. If a child day care center provides transportation or arranges for23
transportation to and from the center, either directly or by contract with third24
parties, all hours during which a child is being transported shall be included in25
calculating the hours of operation. A day care center that remains open for more26
than twelve and one-half hours in a continuous seven-day week, and in which no27
individual child remains for more than twenty-four hours in one continuous stay shall28
be known as a full-time day care center. A day care center that remains open after29 SB NO. 222
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9:00 p.m. shall meet the appropriate regulations established for nighttime care.1
(5) "Department" means the Department of Health and Hospitals, with2
respect to facilities and agencies funded under Title XIX of the Social Security Act,3
and the Department of Children and Family Services for all other facilities and4
agencies.5
(6) "Early childhood learning center" means any child day care center,6
Early Head Start grantee, or stand-alone pre-kindergarten or kindergarten7
program that is not attached to a school and that is licensed by the state.8
(6)(7) "Group home" means any place, facility, or home operated by any9
institution, society, agency, corporation, person or persons, or any other group which10
receives therein at least seven but not more than fifteen children who are not related11
to the operators and whose parents or guardians are not residents of the same facility12
for supervision, care, lodging, and maintenance, with or without transfer of custody.13
"License category" means the category of license applied for or held, which14
shall include early childhood learning centers, maternity homes, residential15
homes, and child-placing agencies.16
(7)(8) "License type" means the type of license applied for or held,17
which shall include Type I, Type II, Type III, and Type IV licenses.18
(9) "Maternity home" means any place or facility in which any institution,19
society, agency, corporation, person or persons, or any other group regularly receives20
and provides necessary services for children before, during, and immediately21
following birth. This definition shall not include any place or facility which receives22
and provides services for women who receive maternity care in the home of a23
relative within the sixth degree of kindred, computed according to civil law, or24
general or special hospitals in which maternity treatment and care is part of the25
medical services performed and the care of children only brief and incidental.26
(8)(10) "Related" or "relative" means a natural or adopted child or27
grandchild of the caregiver or a child in the legal custody of the caregiver.28
(9)(11) "Residential home" means any place, facility, or home operated by29 SB NO. 222
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any institution, society, agency, corporation, person or persons, or any other group1
to provide full-time care, twenty-four hours per day, for more than fifteen more2
than four children who are not related to the operators and whose parents or3
guardians are not residents of the same facility, with or without transfer of custody.4
A residential home as defined in this Paragraph includes facilities known as5
children's homes, halfway houses, residential treatment centers, training schools, and6
facilities for the mentally retarded, emotionally disturbed, socially maladjusted, or7
otherwise mentally or physically handicapped.8
(10)(12) "School", as referred to in R.S. 46:1415, means any institution or9
facility which provides for education of children in grades one or above. Any10
kindergarten or prekindergarten attached thereto shall be considered part of that11
school.12
(13) "Specialized provider" means a child-placing agency, maternity13
home, or residential home.14
(14) A "Type I license" means a license held by a child day care center15
or residential home that is owned or operated by a church or religious16
organization that does not wish to be licensed as a Type II, Type III, or Type IV17
center. "Type I license" also means a license held by a child day care center or18
residential home holding a Class B license prior to the effective date of this19
Section.20
(15) "Type II license" means the license held by a privately owned child21
day care center that either receives no state or federal funds from any source,22
whether directly or indirectly, or whose only source of state or federal funds is23
the federal food and nutrition program.24
(16) "Type III license" means the license held by any publicly- or25
privately-owned early childhood learning center which receives state or federal26
funds, directly or indirectly, from any source other than the federal food and27
nutrition program. Type III early childhood learning centers must meet the28
performance and academic standards of the Early Childhood Care and29 SB NO. 222
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Education Network regarding kindergarten readiness, as determined by the1
State Board of Elementary and Secondary Education.2
(17) "Type IV license" means the license held by any publicly- or3
privately-owned specialized provider.4
(11)(18) "Youth" means a person not less than sixteen years of age nor older5
than twenty-one years of age.6
B. For purposes of this Chapter "child care facility" shall include community7
homes, maternity homes, group homes, day care early childhood learning centers,8
and residential homes as defined in this Section.9
* * *10
§1404. Requirement of licensure11
A. All child care facilities early childhood learning centers and child-12
placing agencies specialized providers, including facilities owned or operated by13
any governmental, profit, nonprofit, private, or church agency, shall be licensed.14
Child care facility licenses shall be of two four types: Class A and Class B. All15
child-placing agency licenses shall be Class A only. Type I, Type II, Type III, and16
Type IV.17
* * *18
§1405. Transitional provisions19
All child care facilities which were licensed on September 1, 1985, shall20
automatically be issued Class A licenses. All child care facilities which were21
registered on September 1, 1985, shall automatically be issued Class B licenses22
without the necessity of making an application for licensure A.(1) Until such time23
as rules are promulgated by the department, child care facilities and24
child-placing agencies shall follow the rules, regulations, and standards for25
Class A and Class B licensure as established by R.S. 46:1409 and 1413.26
(2) The department shall create an early childhood learning working27
group to include one representative from Louisiana’s Early Childhood Advisory28
Council, the Child Care Association of Louisiana, the nonpublic school council,29 SB NO. 222
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the Louisiana Head Start Association, the Department of Children and Family1
Services, the Department of Education, the Children’s Cabinet, and the Office2
of the Governor. Such working group shall include participants having3
expertise in infants and toddlers, pediatric health, pediatric mental health,4
cognitive development, and social emotional development. The department5
shall seek input from the working group in the development of the rules and6
regulations establishing Type I, Type II, and Type III licenses and shall submit7
the proposed rules and regulations pursuant to this Section to the working8
group for approval. Such working group shall forward the proposed rules and9
regulations to the Children’s Defense Fund, the Louisiana Association for the10
Education of Young Children, and Louisiana Partnership for Children and11
Families no later than November 1, 2013, for review and comment.12
B. All existing child day care centers or residential homes possessing a13
Class B license on July 31, 2013, shall be issued a Type I license as provided by14
rule.15
C.(1) All child day care centers that meet the definition for a Type II16
license pursuant to this Chapter shall be issued a Type II license.17
(2) Any child day care center possessing a Class A license upon the18
effective date of this Section that meets the definition of a Type II license19
pursuant to this Chapter, shall be issued a Type II license.20
D. All existing early childhood learning centers that meet the definition21
for a Type III license pursuant to this Chapter shall be issued a Type III license22
as provided by rule.23
E.(1) All existing child placing agencies, maternity homes, and24
residential homes that meet the definition for a Type IV license pursuant to this25
Chapter shall be issued a Type IV license as provided by rule.26
(2) Any maternity home, residential home, or child-placing agency27
possessing a Class A license upon the effective date of this Section that meets the28
definition of a Type IV license pursuant to this Chapter, shall be issued a Type29 SB NO. 222
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IV license.1
F. Any early childhood learning center requesting to change their license2
type for the following year shall apply to the department no later than3
December first of the preceding year. This Subsection shall not apply to early4
childhood learning centers changing location or ownership that are required to5
apply for a new license pursuant to Subsection 1406(C) of this Chapter.6
§1406. Licenses; application; temporary or provisional; fees7
A. Application for licensure of a new child care facility or specialized8
provider shall be made by the child care facility or specialized provider to the9
department upon forms furnished by the department. Upon receipt of the10
application for a license and verification that minimum requirements for such11
license as established by rule are satisfied, and that the facility or agency is in12
compliance with all other state and local laws and regulations, the department13
shall issue a Type I, Type II, Type III, or Type IV license for the appropriate14
license category for such period as may be provided for by rule.15
B. The department may provide through the promulgation of rules for16
the issuance of temporary, provisional, or extended licenses for each license17
category and type if a disapproval has not been received from any other state18
or local agency regulated by any other laws or rules to inspect such facilities or19
agencies.20
C. A license of any type or category shall apply only to the location21
stated on the application, and such license, once issued, shall not be transferable22
from one person to another or from one location to another. If the location or23
ownership of the facility is changed, then the license shall be automatically24
revoked. A new application form shall be completed prior to all license25
renewals.26
D. All licensed facilities shall display the license in a prominent place at27
the facility, except that a facility operated by a church or religious organization28
may be exempt from such requirement provided the license is available upon29 SB NO. 222
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request.1
E. There shall be an annual license fee for each type of early childhood2
learning center and specialized provider in an amount equal to the annual3
license fee in effect for all Class A and Class B child care facilities and child-4
placing agencies possessing such license upon the effective date of this Section,5
without an increase in the amount of such fees.6
F. There shall be an annual license fee of twenty-five dollars for any7
license issued to an early childhood learning center providing care for fifteen or8
fewer children; one hundred dollars for any license issued to an early childhood9
learning center providing care for at least sixteen but no more than fifty10
children; one hundred seventy-five dollars for any license issued to an early11
childhood learning center providing care for at least fifty-one but no more than12
one hundred children; and two hundred fifty dollars for any license issued to an13
early childhood learning center providing care for more than one hundred14
children.15
G. 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
H. There shall be an annual license fee of fifty dollars for any license22
issued to a child-placing agency or maternity home.23
I. The fees provided for in this Section shall not apply to any Type I24
child day care center owned or operated by a church or religious organization.25
J. Annual fees for any type or category of license shall not be increased26
unless expressly authorized by statute as provided in Article VII, §2.1 of the27
Louisiana Constitution.28
§1407. Rules, regulations and standards for licenses29 SB NO. 222
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A. The department shall promulgate regulations for each category and1
type of license to carry out the provisions of this Chapter in accordance with the2
provisions of the Administrative Procedure Act. The department shall seek3
input and guidance from the Louisiana Advisory Council on Child Care and4
Early Education concerning the proposed rules and regulations for approval of5
Type I, Type II, and Type III facilities in accordance with the Administrative6
Procedure Act.7
B.(1) The regulations developed by the department, at a minimum,8
shall:9
(a) Promote the health, safety, and welfare of children attending any10
facility.11
(b) Promote safe, comfortable, and proper physical facilities.12
(c) Ensure adequate supervision of those attending facilities by capable,13
qualified, and healthy personnel.14
(d) Ensure adequate and healthy food service in facilities where food is15
offered.16
(e) Prohibit discrimination by early childhood learning centers and17
specialized providers on the basis of race, color, creed, sex, national origin,18
handicap, ancestry, or whether the child is being breastfed. However, this shall19
not restrict the hiring or admission policies of a licensed day care center owned20
by a church or religious organization, which may give preference in hiring or21
admission to members of the church or denomination. Nor shall it affect the22
rights of religious sectarian child-placing agencies to consider creed in any23
decision or action relating to foster care or adoption.24
(f) Require providers to have a written description of admission policies25
and criteria which expresses the needs, problems, situations, or patterns best26
addressed by its program. These policies shall be available to the person legally27
responsible for any child referred for placement.28
(g) Include procedures by which parents and guardians are given an29 SB NO. 222
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opportunity for consultation and information about the educational and1
therapeutic programs for the child in attendance.2
(h) Include regulations and standards for nighttime care.3
(i) Include procedures for the receipt, recordation, and disposition of4
complaints.5
(j) Include procedures for the child's return to the parents.6
Arrangements for the child's return to the parent shall not include third parties7
or other child care agencies unless written agreement between the child care8
agency and the parent is on file with the child care agency.9
(k) Include procedures that allow an early childhood learning center to10
remedy certain deficiencies immediately upon identification by the department11
in an onsite inspection, provided that any deficiency that may be remedied in12
such manner does not constitute a critical violation of licensing standards as13
determined by the department.14
(2) Any entity approved by the department shall be required to have the15
following:16
(a) Approval from the office of the state fire marshal, code enforcement17
and building safety, Department of Public Safety and Corrections.18
(b) Approval from the Department of Health and Hospitals, office of19
public health.20
(c) Adherence by Type III early childhood learning centers, to the21
performance and academic standards of the Early Childhood Care and22
Education Network regarding kindergarten readiness as determined by the23
State Board of Elementary and Secondary Education. The Department of24
Education shall base its approval upon the uniform accountability system.25
(3) No facility holding a Type I license shall receive any state or federal26
funds, from any source, whether directly or indirectly. If a facility holding a27
Type I license receives any state or federal funds, its license shall be28
automatically revoked.29 SB NO. 222
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(4) No facility holding a Type II license shall receive any state or federal1
funds, from any source, whether directly or indirectly, other than those received2
solely for food and nutrition. If a facility holding a Type II license receives any3
state or federal funds, whether directly or indirectly, other than those received4
solely for food and nutrition, its license shall be automatically revoked.5
C. The department shall prepare standard forms for applications and6
for inspection reports.7
D. A comprehensive review of all standards, rules, and regulations for8
all licenses shall be made at least every three years by the department.9
E. The secretary of the department, in specific instances, may waive10
compliance with a minimum standard upon determination that the economic11
impact is sufficiently great to make compliance impractical, as long as the12
health and well-being of the staff or children is not imperiled. If it is13
determined that the facility or agency is meeting or exceeding the intent of a14
standard or regulation, the standard or regulation may be deemed to be met.15
F. Discrimination by child care facilities and child-placing agencies on16
the basis of race, color, creed, sex, national origin, disability as defined by R.S.17
51:2232(11), ancestry, or whether the child is being breastfed is prohibited.18
However, this shall not restrict the hiring or admission policies of a church or19
religious organization, which may give preference in hiring or admission to20
members of the church or denomination.21
G. The department shall not regulate or attempt to regulate or control22
the religious or spiritual content of the curriculum of a school or facility23
sponsored by a church or religious organization.24
H. Nothing in the rules, regulations, and standards adopted pursuant to25
this Section shall authorize or require medical examination, immunization, or26
treatment of any child whose parents object to such examination, immunization,27
or treatment on religious grounds.28
I. Every facility shall have a written discipline policy, which shall be29 SB NO. 222
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made available to parents and to authorized inspection personnel upon request.1
* * *2
§1415. Facilities and agencies subject to regulation; exemptions3
A. All child care facilities early childhood learning centers and child-4
placing agencies specialized providers shall be subject to the provisions of this5
Chapter. However, private or public day schools serving children in grades one and6
above or operating, including any kindergartens or prekindergarten programs7
attached thereto, as well as Montessori schools, camps, and all care given without8
charge, shall be exempt from such provisions.9
B. Nothing in this Chapter shall apply to facilities licensed by the10
Department of Health and Hospitals.11
* * *12
§1419. Revocation or refusal to renew license; written notice13
The department shall have the power to deny, revoke, or refuse to renew a14
license for a child-care facility or child-placing agency specialized provider if an15
applicant has failed to comply with the provisions of this Chapter or any applicable,16
published rule or regulation of the department relating to child care facilities and17
child-placing agencies specialized providers. If a license is denied, revoked, or18
withdrawn, the action shall be effective when made and the department shall notify19
the applicant, or licensee, or specialized provider of such action in writing20
immediately and of the reason for the denial, revocation, or withdrawal of the21
license.22
§1420. Refusal or revocation of license; appeal procedure23
A. Upon the refusal of the department to grant a license or upon the24
revocation of a license, the agency, institution, society, corporation, person or25
persons, or other group having been refused a license or having had a license26
revoked shall have the right to appeal such action by submitting a written request to27
the secretary of the department within thirty days after receipt of the notification of28
the refusal of the license or, in the case of revocation, within fifteen calendar days29 SB NO. 222
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after receipt of the notification of the revocation. The appeal hearings shall be held1
no later than thirty days after the request therefor, except as provided in the2
Administrative Procedure Act, and shall be conducted in accordance with applicable3
regulations of the department and the provisions of R.S. 46:107. This provision shall4
in no way preclude the right of the party to seek relief through mandamus suit5
against the department, as provided by law.6
B. Notwithstanding any law, rule, regulation, or provision to the7
contrary, including but not limited to R.S. 49:964(A)(2), the Department of8
Children and Family Services shall be entitled to seek judicial review from any9
final decision or order rendered by the division of administrative law in any10
appeal hearing arising under this Chapter.11
§1421. Operating without or in violation of license; penalty12
Whoever operates any child care facility or child-placing agency specialized13
provider, as defined in R.S. 46:1403, without a valid license issued by the14
department shall be fined not less than one thousand dollars for each day of such15
offense.16
§1422. Operating without or in violation of license; injunctive relief17
If any child care facility or child-placing agency specialized provider18
operates without a valid license issued by the department, the department may file19
suit in the district court in the parish in which the facility is located for injunctive20
relief, including a temporary restraining order, to restrain the institution, society,21
agency, corporation, person or persons, or any other group operating the facility or22
agency from continuing the violation. The state health officer shall have exclusive23
authority over all matters involving the prevention or spread of communicable24
diseases within a child care facility or child-placing agency specialized provider.25
* * *26
§1425. Adoption services; requirements for advertising; injunctive relief;27
exceptions; penalties28
A. It shall be unlawful for any person other than a licensed child-placing29 SB NO. 222
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agency possessing a Class A or Class B license or a Louisiana-based crisis1
pregnancy center to advertise through print or electronic media that it will adopt2
children or assist in the adoption of children.3
B. If any person advertises in violation of this Section, the attorney general,4
the Department of Children and Family Services, the appropriate district attorney,5
or any licensed Class A or Class B child-placing agency or a Louisiana-based crisis6
pregnancy center may file suit in district court according to the general rules of7
venue to obtain injunctive relief to restrain the person from continuing the violation.8
* * *9
§1428. Immunization information; influenza10
A. Each licensed child care facility, whether licensed as a Class A or Class11
B facility, before November first of each year, shall make available to each child's12
parent or legal guardian information relative to the risks associated with influenza13
and the availability, effectiveness, known contraindications and possible side effects14
of the influenza immunization. Such information shall include the causes and15
symptoms of influenza, the means by which influenza is spread, and the places16
where a parent or legal guardian may obtain additional information and where a child17
may be immunized against influenza. Such information shall be updated annually18
if new information on such disease is available.19
* * *20
Section 2. R.S. 46:1408, 1409, 1412, 1413, and 1424 are hereby repealed.21
Section 3. Sections 1 and 2 shall become effective on January 1, 2014.22
The original instrument was prepared by Alan Miller. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Tammy Crain-Waldrop.
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 child-placing agencies, community homes, child day
care centers, group homes, maternity homes, and residential homes with Type I, II and III SB NO. 222
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licenses.
Proposed law provides for the definition of camp and child day care center.
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, Type III or Type IV 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 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 III license" as a license held by any publicly- or privately-
owned early childhood learning center which receives state or federal funds, directly or
indirectly, from any source other than the federal food and nutrition program. Type III early
childhood learning 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 defines "Type IV license" as the license held by any publicly - or privately-
owned specialized provider.
Proposed law requires the department to create an early childhood learning working group
to seek input in developing rules and regulations to establish Type I, Type II and Type III
licenses.
Proposed law provides that all existing child day care centers or residential homes
possessing a Class B license on July 31, 2013, will be issued a Type I license.
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 childhood learning centers that meet the definition
for a Type III license pursuant to proposed law shall be issued a Type III license as provided
by rule.
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 early childhood learning center requesting to change its 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. SB NO. 222
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Exempts from fees any Type I 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 concerning the proposed rules and
regulations for approval of Type I, Type II and Type III facilities in accordance with the
APA.
The regulations developed by the department, at a minimum, shall:
(1)Promote the health, safety, and welfare of children attending any facility.
(2)Promote safe, comfortable, and proper physical facilities.
(3)Ensure adequate supervision of those attending facilities by capable, qualified, and
healthy personnel.
(4)Ensure adequate and healthy food service in facilities where food is offered.
(5)Prohibit discrimination by early childhood learning centers and specialized providers
on the basis of race, color, creed, sex, national origin, handicap, 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 affect the rights of religious sectarian child-placing
agencies to consider creed in any decision or action relating to foster care or
adoption.
(6)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.
(7)Include procedures by which parents and guardians are given an opportunity for
consultation and information about the educational and therapeutic programs for the
child in attendance.
(8)Include regulations and standards for nighttime care.
(9)Include procedures for the receipt, recordation, and disposition of complaints.
(10)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.
(11)Include procedures that allow an early childhood learning 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 to do the following:
(1)Gain approval from the office of state fire marshal. SB NO. 222
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2)Gain approval from the office of public health.
(3)Adhere by Type III early childhood learning 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
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 January 1, 2014.
(Amends R.S. 46:1403, 1404(A), 1405, 1415, 1419 through 1422, 1425(A) and (B), 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 SB NO. 222
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words in boldface type and underscored are additions.
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.
Senate Floor Amendments to engrossed bill
1. Changes child day care centers to early childhood learning centers.
2. Corrects definition of license types.
3. Creates an early childhood learning work group.
4. Technical changes.
5. Makes Legislative Bureau technical changes.
6. Provides additional definitions.
7. Exempts facilities licensed by DHH from certain provisions of present and
proposed law.