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Regular Session, 2013 ENROLLED
SENATE BILL NO. 222
BY SENATOR WALSWORTH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 46:1403, 1404(A), 1405, 1415, 1419 through 1422, 1425(A) and2
(B), 1426, 1428(A), and 1429, to enact R.S. 46:1406 and 1407, and to repeal R.S.3
46:1408, 1409, 1412, 1413, and 1424, relative to child care facilities; to provide for4
definitions; 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
1426, 1428(A), and 1429 are hereby amended and reenacted and R.S. 46:1406 and 1407 are13
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
ACT No. 179 SB NO. 222 ENROLLED
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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 five years of age or older and operates only when school is not in3
session during the summer months or school holidays, or both.4
(2) "Child" means a person who has not reached age eighteen or otherwise5
been legally emancipated. The words "child" and "children" are used6
interchangeably 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 child day care center that remains open for27
more than twelve and one-half hours in a continuous seven-day week, and in which28
no individual child remains for more than twenty-four hours in one continuous stay29
shall be known as a full-time child day care center. A child day care center that30 SB NO. 222 ENROLLED
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remains open after 9:00 p.m. shall meet the appropriate regulations established for1
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) "Early childhood learning center" means any child day care center,7
Early Head Start grantee, Head Start grantee, or stand-alone prekindergarten8
or kindergarten program that is not attached to a school and that is licensed by9
the state.10
(6)(7) "Group home" means any place, facility, or home operated by any11
institution, society, agency, corporation, person or persons, or any other group which12
receives therein at least seven but not more than fifteen children who are not related13
to the operators and whose parents or guardians are not residents of the same facility14
for supervision, care, lodging, and maintenance, with or without transfer of custody.15
"License category" means the category of license applied for or held, which16
shall include early childhood learning centers, maternity homes, residential17
homes, and child-placing agencies.18
(7)(8) "License type" means the type of license applied for or held,19
which shall include Type I, Type II, Type III, and Type IV licenses.20
(9) "Maternity home" means any place or facility in which any institution,21
society, agency, corporation, person or persons, or any other group regularly receives22
and provides necessary services for children before, during, and immediately23
following birth. This definition shall not include any place or facility which receives24
and provides services for women who receive maternity care in the home of a25
relative within the sixth degree of kindred, computed according to civil law, or26
general or special hospitals in which maternity treatment and care is part of the27
medical services performed and the care of children only brief and incidental.28
(8)(10) "Related" or "relative" means a natural or adopted child or29
grandchild of the caregiver or a child in the legal custody of the caregiver.30 SB NO. 222 ENROLLED
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(9)(11) "Residential home" means any place, facility, or home operated by1
any institution, society, agency, corporation, person or persons, or any other group2
to provide full-time care, twenty-four hours per day, for more than fifteen more3
than four children who are not related to the operators and whose parents or4
guardians are not residents of the same facility, with or without transfer of custody.5
A residential home as defined in this Paragraph includes facilities known as6
children's homes, halfway houses, residential treatment centers, training schools, and7
facilities for the mentally retarded, emotionally disturbed, socially maladjusted, or8
otherwise mentally or physically handicapped.9
(10)(12) "School", as referred to in R.S. 46:1415, means any institution or10
facility which provides for education of children in grades one or above. Any11
kindergarten or prekindergarten attached thereto shall be considered part of that12
school.13
(13) "Specialized provider" means a child-placing agency, maternity14
home, or residential home.15
(14) "Type I license" means a license held by a child day care center or16
residential home that is owned or operated by a church or religious17
organization that does not wish to be licensed as a Type II, Type III, or Type IV18
center. Nothing herein shall be construed to require a children's religious19
ministry program operated by a church or other religious organization in20
accordance with R.S. 46:1429 to be licensed pursuant to this Chapter. "Type21
I license" also means a license held by a child day care center or residential22
home holding a Class B license prior to the effective date of this Section.23
(15) "Type II license" means the license held by a privately owned child24
day care center that either receives no state or federal funds from any source,25
whether directly or indirectly, or whose only source of state or federal funds is26
the federal food and nutrition program.27
(16) "Type III license" means the license held by any publicly or28
privately owned early childhood learning center which receives state or federal29
funds, directly or indirectly, from any source other than the federal food and30 SB NO. 222 ENROLLED
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nutrition program. Type III early childhood learning centers shall meet the1
performance and academic standards of the Early Childhood Care and2
Education Network regarding kindergarten readiness, as determined by the3
State Board of Elementary and Secondary Education.4
(17) "Type IV license" means the license held by any publicly or5
privately owned specialized provider.6
(11)(18) "Youth" means a person not less than sixteen years of age nor older7
than twenty-one years of age.8
B. For purposes of this Chapter "child care facility" shall include community9
homes, maternity homes, group homes, day care early childhood learning centers,10
and residential homes as defined in this Section.11
* * *12
§1404. Requirement of licensure13
A. All child care facilities early childhood learning centers and child-14
placing agencies specialized providers, including facilities owned or operated by15
any governmental, profit, nonprofit, private, or church agency, shall be licensed.16
Child care facility licenses shall be of two four types: Class A and Class B. All17
child-placing agency licenses shall be Class A only. Type I, Type II, Type III, and18
Type IV.19
* * *20
§1405. Transitional provisions21
All child care facilities which were licensed on September 1, 1985, shall22
automatically be issued Class A licenses. All child care facilities which were23
registered on September 1, 1985, shall automatically be issued Class B licenses24
without the necessity of making an application for licensure A.(1) Until such time25
as rules are promulgated by the department to implement the types of licenses26
required by R.S. 46:1404, child care facilities and child-placing agencies shall27
follow the rules, regulations, and standards in effect for Class A and Class B28
licensure.29
(2) The department shall create an early childhood learning working30 SB NO. 222 ENROLLED
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group to include one representative from Louisiana’s Early Childhood Advisory1
Council, the Child Care Association of Louisiana, the Nonpublic School2
Council, the Louisiana Head Start Association, the Department of Children and3
Family Services, the Department of Education, the Children’s Cabinet, and the4
office of the governor. Such working group shall include participants having5
expertise in care of infants and toddlers, pediatric health, pediatric mental6
health, cognitive development, and social emotional development. The7
department shall seek input from the working group in the development of the8
rules and regulations establishing Type I, Type II, and Type III licenses and9
shall submit the proposed rules and regulations pursuant to this Section to the10
working group for approval. Such working group shall forward the proposed11
rules and regulations to the Children’s Defense Fund, the Louisiana Association12
for the Education of Young Children, and Louisiana Partnership for Children13
and Families no later than November 1, 2013, for review and comment. The14
working group shall be dissolved on the effective date of any provision of law15
which transfers statutory authority for licensing of child day care centers from16
the Department of Children and Family Services to the Department of17
Education.18
B. All existing child day care centers or residential homes possessing a19
Class B license shall be issued a Type I license as provided by rule.20
C.(1) All child day care centers that meet the definition for a Type II21
license pursuant to this Chapter shall be issued a Type II license as provided by22
rule.23
(2) Any child day care center possessing a Class A license upon the24
effective date of this Section that meets the definition of a Type II license25
pursuant to this Chapter shall be issued a Type II license as provided by rule.26
D. All existing early childhood learning centers that meet the definition27
for a Type III license pursuant to this Chapter shall be issued a Type III license28
as provided by rule.29
E.(1) All existing child placing agencies, maternity homes, and30 SB NO. 222 ENROLLED
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residential homes that meet the definition for a Type IV license pursuant to this1
Chapter shall be issued a Type IV license as provided by rule.2
(2) Any maternity home, residential home, or child-placing agency3
possessing a Class A license upon the effective date of this Section that meets the4
definition of a Type IV license pursuant to this Chapter shall be issued a Type5
IV license.6
F. Any early childhood learning center that requests to change its license7
type for the following year shall apply to the department no later than8
December first of the preceding year. This Subsection shall not apply to early9
childhood learning centers changing location or ownership that are required to10
apply for a new license pursuant to R.S. 46:1406(C).11
§1406. Licenses; application; temporary or provisional; fees12
A. Application for licensure of a new child care facility or specialized13
provider shall be made by the child care facility or specialized provider to the14
department upon forms furnished by the department. Upon receipt of the15
application for a license and verification that minimum requirements for such16
license as established by rule are satisfied, and that the facility or agency is in17
compliance with all other state and local laws and regulations, the department18
shall issue a Type I, Type II, Type III, or Type IV license for the appropriate19
license category for such period as may be provided for by rule.20
B. The department may provide through the promulgation of rules for21
the issuance of temporary, provisional, or extended licenses for each license22
category and type if a disapproval has not been received from any other state23
or local agency authorized by any other laws or rules to inspect such facilities24
or agencies.25
C. A license of any type or category shall apply only to the location26
stated on the application, and such license, once issued, shall not be transferable27
from one person to another or from one location to another. If the location or28
ownership of the facility is changed, then the license shall be automatically29
revoked. A new application form shall be completed prior to all license30 SB NO. 222 ENROLLED
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renewals.1
D. Each licensed facility shall display its license in a prominent place at2
the facility, except that a facility operated by a church or religious organization3
may be exempt from such requirement, provided the license is available upon4
request.5
E. There shall be an annual license fee for each type of early childhood6
learning center and specialized provider in an amount equal to the annual7
license fee in effect for all Class A and Class B child care facilities and child-8
placing agencies possessing such license upon the effective date of this Section,9
without an increase in the amount of such fees.10
F. There shall be an annual license fee of twenty-five dollars for any11
license issued to an early childhood learning center providing care for fifteen or12
fewer children; one hundred dollars for any license issued to an early childhood13
learning center providing care for at least sixteen but no more than fifty14
children; one hundred seventy-five dollars for any license issued to an early15
childhood learning center providing care for at least fifty-one but no more than16
one hundred children; and two hundred fifty dollars for any license issued to an17
early childhood learning center providing care for more than one hundred18
children.19
G. There shall be an annual license fee of one hundred dollars for any20
license issued to a residential home providing care for six or less children; two21
hundred dollars for any license issued to a residential facility providing care for22
at least seven but no more than fifteen children; and three hundred dollars for23
any license issued to a residential facility providing care for sixteen or more24
children.25
H. There shall be an annual license fee of fifty dollars for any license26
issued to a child-placing agency or maternity home.27
I. The fees provided for in this Section shall not apply to any Type I28
child day care center owned or operated by a church or religious organization.29
J. Annual fees for any type or category of license shall not be increased30 SB NO. 222 ENROLLED
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unless expressly authorized by statute as provided in Article VII, §2.1 of the1
Constitution of Louisiana. 2
§1407. Rules, regulations and standards for licenses3
A. The department shall promulgate regulations for each category and4
type of license to carry out the provisions of this Chapter in accordance with the5
provisions of the Administrative Procedure Act. The department shall seek6
input and guidance from the Louisiana Advisory Council on Child Care and7
Early Education concerning the proposed rules and regulations for approval of8
Type I, Type II, and Type III facilities for licensure in accordance with the9
Administrative Procedure Act.10
B.(1) The regulations developed by the department, at a minimum, shall11
accomplish all of the following:12
(a) Promote the health, safety, and welfare of children attending any13
facility.14
(b) Promote safe, comfortable, and proper physical facilities.15
(c) Ensure adequate supervision of those attending facilities by capable,16
qualified, and healthy personnel.17
(d) Ensure adequate and healthy food service in facilities where food is18
offered.19
(e) Prohibit discrimination by early childhood learning centers and20
specialized providers on the basis of race, color, creed, sex, national origin,21
handicap, ancestry, or whether the child is being breastfed. However, nothing22
in this Subparagraph shall be construed to affect, limit, or otherwise restrict23
any of the following:24
(i) The hiring or admission policies of a licensed child day care center25
owned by a church or religious organization, which may give preference in26
hiring or admission to members of the church or denomination.27
(ii) The rights of religious sectarian child-placing agencies to consider28
creed in any decision or action relating to foster care or adoption.29
(f) Require providers to have a written description of admission policies30 SB NO. 222 ENROLLED
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and criteria which expresses the needs, problems, situations, or patterns best1
addressed by its program. These policies shall be available to the person legally2
responsible for any child referred for placement.3
(g) Include procedures by which parents and guardians are given an4
opportunity for consultation and information about the educational and5
therapeutic programs for the child in attendance.6
(h) Include regulations and standards for nighttime care.7
(i) Include procedures for the receipt, recordation, and disposition of8
complaints.9
(j) Include procedures for the return of a child to his parent.10
Arrangements for the child's return to his parent shall not include third parties11
or other child care agencies unless written agreement between the child care12
agency and the parent is on file with the child care agency.13
(k) Include procedures that allow an early childhood learning center to14
remedy certain deficiencies immediately upon identification by the department15
in an onsite inspection, provided that any deficiency that may be remedied in16
such manner does not constitute a critical violation of licensing standards as17
determined by the department.18
(2)(a) Any entity approved by the department shall be required to have19
all of the following:20
(i) Approval from the office of the state fire marshal, code enforcement21
and building safety, Department of Public Safety and Corrections.22
(ii) Approval from the Department of Health and Hospitals, office of23
public health.24
(b) Type III early childhood learning centers shall adhere to the25
performance and academic standards of the Early Childhood Care and26
Education Network regarding kindergarten readiness as determined by the27
State Board of Elementary and Secondary Education. The Department of28
Education shall base its approval upon the uniform accountability system.29
(3) No facility holding a Type I license shall receive any state or federal30 SB NO. 222 ENROLLED
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funds, from any source, whether directly or indirectly. If a facility holding a1
Type I license receives any state or federal funds, its license shall be2
automatically revoked.3
(4) No facility holding a Type II license shall receive any state or federal4
funds, from any source, whether directly or indirectly, other than those received5
solely for food and nutrition. If a facility holding a Type II license receives any6
state or federal funds, whether directly or indirectly, other than those received7
solely for food and nutrition, its license shall be automatically revoked.8
C. The department shall prepare standard forms for applications and9
for inspection reports.10
D. A comprehensive review of all standards, rules, and regulations for11
all licenses shall be made at least every three years by the department.12
E. The secretary of the department, in specific instances, may waive13
compliance with a minimum standard upon determination that the economic14
impact is sufficiently great to make compliance impractical, as long as the15
health and well-being of the staff or children is not imperiled. If it is16
determined that the facility or agency is meeting or exceeding the intent of a17
standard or regulation, the standard or regulation may be deemed to be met.18
F. Discrimination by child care facilities and child-placing agencies on19
the basis of race, color, creed, sex, national origin, disability as defined by R.S.20
51:2232(11), ancestry, or whether the child is being breastfed is prohibited.21
However, this shall not restrict the hiring or admission policies of a church or22
religious organization, which may give preference in hiring or admission to23
members of the church or denomination.24
G. The department shall not regulate or attempt to regulate or control25
the religious or spiritual content of the curriculum of a school or facility26
sponsored by a church or religious organization.27
H. Nothing in the rules, regulations, and standards adopted pursuant to28
this Section shall authorize or require medical examination, immunization, or29
treatment of any child whose parents object to such examination, immunization,30 SB NO. 222 ENROLLED
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or treatment on religious grounds.1
I. Each facility shall have a written discipline policy, which shall be2
made available to parents and to authorized inspection personnel upon request.3
* * *4
§1415. Facilities and agencies subject to regulation; exemptions5
A. All child care facilities early childhood learning centers and child-6
placing agencies specialized providers shall be subject to the provisions of this7
Chapter. However, private or public day schools serving children in grades one and8
above or operating, including any kindergartens or prekindergarten programs9
attached thereto, as well as Montessori schools, camps, and all care given without10
charge, shall be exempt from such provisions.11
B. Nothing in this Chapter shall apply to facilities licensed by the12
Department of Health and Hospitals.13
* * *14
§1419. Revocation or refusal to renew license; written notice15
The department shall have the power to deny, revoke, or refuse to renew a16
license for a child care facility or child-placing agency specialized provider if an17
applicant has failed to comply with the provisions of this Chapter or any applicable,18
published rule or regulation of the department relating to child care facilities and19
child-placing agencies specialized providers. If a license is denied, revoked, or20
withdrawn, the action shall be effective when made and the department shall notify21
the applicant, or licensee, or specialized provider of such action in writing22
immediately and of the reason for the denial, revocation, or withdrawal of the23
license.24
§1420. Refusal or revocation of license; appeal procedure25
A. Upon the refusal of the department to grant a license or upon the26
revocation of a license, the agency, institution, society, corporation, person or27
persons, or other group having been refused a license or having had a license28
revoked shall have the right to appeal such action by submitting a written request to29
the secretary of the department within thirty days after receipt of the notification of30 SB NO. 222 ENROLLED
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the refusal of the license or, in the case of revocation, within fifteen calendar days1
after receipt of the notification of the revocation. The appeal hearings shall be held2
no later than thirty days after the request therefor, except as provided in the3
Administrative Procedure Act, and shall be conducted in accordance with applicable4
regulations of the department and the provisions of R.S. 46:107. This provision shall5
in no way preclude the right of the party to seek relief through mandamus suit6
against the department, as provided by law.7
B. Notwithstanding any law, rule, regulation, or provision to the8
contrary, including but not limited to R.S. 49:964(A)(2), the department shall9
be entitled to seek judicial review from any final decision or order rendered by10
the division of administrative law in any appeal hearing arising under this11
Chapter. The venue of judicial review shall be the district court of the parish12
in which the licensee is located. 13
§1421. Operating without or in violation of license; penalty14
Whoever operates any child care facility or child-placing agency specialized15
provider, as defined in R.S. 46:1403, without a valid license issued by the16
department shall be fined not less than one thousand dollars for each day of such17
offense.18
§1422. Operating without or in violation of license; injunctive relief19
If any child care facility or child-placing agency specialized provider20
operates without a valid license issued by the department, the department may file21
suit in the district court in the parish in which the facility is located for injunctive22
relief, including a temporary restraining order, to restrain the institution, society,23
agency, corporation, person or persons, or any other group operating the facility or24
agency from continuing the violation. The state health officer shall have exclusive25
authority over all matters involving the prevention or spread of communicable26
diseases within a child care facility or child-placing agency specialized provider.27
* * *28
§1425. Adoption services; requirements for advertising; injunctive relief;29
exceptions; penalties30 SB NO. 222 ENROLLED
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A. It shall be unlawful for any person other than a licensed child-placing1
agency possessing a Class A or Class B license or a Louisiana-based crisis2
pregnancy center to advertise through print or electronic media that it will adopt3
children or assist in the adoption of children.4
B. If any person advertises in violation of this Section, the attorney general,5
the Department of Children and Family Services, the appropriate district attorney,6
or any licensed Class A or Class B child-placing agency or a Louisiana-based crisis7
pregnancy center may file suit in district court according to the general rules of8
venue to obtain injunctive relief to restrain the person from continuing the violation.9
* * *10
§1426. Disclosure of information11
A. The department shall make available, upon request of a parent or guardian12
of any child who has applied for placement in a child day care center licensed by the13
department, the following information relative to such child day care center:14
(1) Each valid finding of child abuse, neglect, or exploitation occurring at15
the center, subject to the limitations provided by R.S. 46:56(F)(4)(c).16
(2) Whether or not the child day care center employs any person who has17
been convicted of or pled guilty or nolo contendere to any of the crimes provided in18
R.S. 15:587.1.19
(3) Any violations of standards, rules, or regulations applicable to such child20
day care center.21
(4) Any waivers of minimum standards authorized for such child day care22
center.23
B. Requests may be made by telephone or in writing. Such requests shall24
include the name of each child day care center for which information is requested.25
C.(1) Licensed child day care centers and other state agencies shall26
cooperate with the secretary of the department to make such requested information27
available.28
(2) Day Child day care centers shall make available to parents or legal29
guardians information on how to view or obtain copies of child care licensing30 SB NO. 222 ENROLLED
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surveys from the department. Day Child day care centers shall post information1
which explains that the licensing surveys are available online and list the web2
Internet website address where such information may be obtained and information3
which explains that licensing surveys may be obtained by sending a request in4
writing to the department. The department shall develop a form suitable for display5
which shall be posted at each licensed child day care center in compliance with this6
Subsection.7
D. The department shall adopt procedures and guidelines for the8
implementation of this Section by rule in accordance with the Administrative9
Procedure Act. Such procedures and guidelines may include a procedure for10
verification that an application for placement in a licensed child day care center has11
actually been made.12
* * *13
§1428. Immunization information; influenza14
A. Each licensed child care facility, whether licensed as a Class A or Class15
B facility, before November first of each year, shall make available to each child's16
parent or legal guardian information relative to the risks associated with influenza17
and the availability, effectiveness, known contraindications and possible side effects18
of the influenza immunization. Such information shall include the causes and19
symptoms of influenza, the means by which influenza is spread, and the places20
where a parent or legal guardian may obtain additional information and where a child21
may be immunized against influenza. Such information shall be updated annually22
if new information on such disease is available.23
* * *24
§1429. Exceptions; religious organizations; children's religious ministries25
A recognized religious organization which is qualified as a tax-exempt26
organization under Section 501(c) of the Internal Revenue Code, which remains open27
for not more than twenty-four hours in a continuous seven-day week, and in which28
no individual child remains for more than twenty-four hours in one continuous stay29
shall not be considered a "child day care center" for the purposes of this Chapter.30 SB NO. 222 ENROLLED
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Section 2. R.S. 46:1408, 1409, 1412, 1413, and 1424 are hereby repealed in their1
entirety.2
Section 3. The Louisiana State Law Institute is hereby directed to make technical3
changes to statutory laws as necessary to reflect changes to defined terms in R.S. 46:1403,4
including but not limited to "day care center", as provided in this Act.5
Section 4. Sections 1, 2, and 3 of this Act shall become effective on January 1, 2014.6
7
8
PRESIDENT OF THE SENATE9
10
11
12
13
SPEAKER OF THE HOUSE OF REPRESENTATIVES14
15
16
17
18
GOVERNOR OF THE STATE OF LOUISIANA19
20
21
APPROVED: 22