Louisiana Senate Bill SB524 Chaptered / Bill

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Regular Session, 2014	ENROLLED
SENATE BILL NO. 524
BY SENATORS WALSWORTH, GUILLORY AND LAFLEUR AND
REPRESENTATIVES CARTER AND LEGER 
AN ACT1
To amend and reenact R.S. 15:587.1(A)(1)(a), R.S. 36:474(A)(11) and 477(B)(1), R.S.2
46:1401, 1402, 1402.1, 1403, 1404(A), 1405, 1406, 1407, 1414.1, 1415, 1417,3
1418(A), 1419, 1420(A), 1421, 1422, 1423, 1427, 1428, and 1430, to enact R.S.4
17:407.26, Part X-B of Chapter 1 of Title 17 of the Louisiana Revised Statutes of5
1950, to be comprised of R.S. 17:407.31 through 407.53, Part X-C of Chapter 1 of6
Title 17 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.7
17:407.61 through 407.72, and Part X-D of Chapter 1 of Title 17 of the Louisiana8
Revised Statutes of 1950, to be comprised of R.S. 17:407.81 through 407.84, and to9
repeal R.S. 46:1414, 1426, and 1429, Chapter 14-B of Title 46 of the Louisiana10
Revised Statutes of 1950, comprised of R.S. 46:1441 through 1441.14, and Chapter11
14-E of Title 46 of the Louisiana Revised Statutes of 1950, comprised of R.S.12
46:1445 through 1448, relative to early learning center licensing, registration and13
staff; and to provide for related matters.14
Be it enacted by the Legislature of Louisiana:15
Section 1. R.S. 15:587.1(A)(1)(a) is hereby amended and reenacted to read as16
follows:17
§587.1  Provision of information to protect children18
A.(1)(a) As provided in R.S. 15:825.3, R.S. 17:15 and 407.42, Children's19
Code Article 424.1, and R.S. 46:51.2 and 1441.13, any employer or others20
responsible for the actions of one or more persons who have been given or have21
applied to be considered for a position of supervisory or disciplinary authority over22
children, and as provided in R.S. 46:51.2(A), the Department of Children and Family23
Services as employer of one or more persons who have been given or have applied24
to be considered for a position whose duties include the investigation of child abuse25
or neglect, supervisory or disciplinary authority over children, direct care of a child,26
ACT No. 868 SB NO. 524	ENROLLED
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or performance of licensing surveys, shall request in writing that the bureau supply1
information to ascertain whether that person or persons have been arrested for or2
convicted of, or pled nolo contendere to, any criminal offense. The request must be3
on a form prepared by the bureau and signed by a responsible officer or official of4
the organization or department making the request.  It must include a statement5
signed by the person about whom the request is made which gives his permission for6
such information to be released.7
*          *          *8
Section 2. R.S. 17:407.26 and Part X-B of Chapter 1 of Title 17 of the Louisiana9
Revised Statutes of 1950, comprised of R.S. 17:407.31 through 407.53, are hereby enacted10
to read as follows:11
§407.26. Federal Funds for the Child Care and Development Fund Programs;12
state Department of Education's authority to receive13
A. Upon transfer of lead agency authority from the state Department of14
Children and Family Services to the state Department of Education for the15
Child Care and Development Fund, the state Department of Education may16
accept and direct the disbursement of funds appropriated by any act of17
Congress and apportioned to the state for use in connection with any Child Care18
and Development Fund programs. The state Department of Education shall19
deposit all such funds received from the federal government with the state20
treasurer who shall, subject to legislative appropriation, make disbursements21
upon the recommendation of the state Department of Education. Prior to the22
transfer of lead agency authority, the state Department of Children and Family23
Services shall seek input and approval from the state Department of Education24
in the development of the Child Care and Development Fund State Plan or any25
amendments to such plan prior to its submittal to the United States Department26
of Health and Human Services.27
B. The State Board of Elementary and Secondary Education shall28
promulgate rules and regulations to implement the Child Care and29
Development Fund State Plan. The state Department of Education shall develop30
and implement the state plan in accordance with such rules and regulations.31 SB NO. 524	ENROLLED
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C. Prior to the transfer of lead agency authority from the state1
Department of Children and Family Services to the state Department of2
Education, the departments shall enter into a cooperative endeavor agreement3
to ensure a coordinated and seamless transition that does not interrupt the4
provision of state services nor unduly impact the operation or function of either5
agency.  The transition shall occur in such a manner that is cost neutral to the6
state. The cooperative endeavor agreement entered into by the agencies to7
facilitate the transfer of the grant and services shall ensure the transfer of funds8
from the state Department of Education to the state Department of Children9
and Family Services in an amount sufficient to fully fund the indirect costs of10
the state Department of Children and Family Services which were previously11
funded by the Child Care and Development Fund, until such time as another12
funding source is identified by the state Department of Children and Family13
Services to pay for those indirect costs. This agreement between the state14
Department of Education and the state Department of Children and Family15
Services may also allow services to be purchased by the state Department of16
Education including but not limited to fulfilling grant requirements, data17
reporting, and services to clients.18
D. Lead agency authority shall transfer no later than July 1, 2015. The19
date shall be established in the cooperative endeavor agreement. The20
cooperative endeavor agreement shall be submitted to the Joint Legislative21
Committee on the Budget for review.22
*          *          *23
PART X-B.  EARLY LEARNING CENTER LICENSING24
§407.31.  Short title25
This Part may be cited as the "Early Learning Center Licensing Act".26
§407.32.  Legislative intent; declaration of purpose and policy27
It is the intent of the legislature to protect the health, safety, and28
well-being of the children of the state who are in out-of-home care on a regular29
or consistent basis. Toward that end, it is the purpose of this Part to establish30
statewide minimum standards for the safety and well-being of children in early31 SB NO. 524	ENROLLED
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learning centers, to ensure maintenance of these standards, and to regulate1
conditions in these centers through a program of licensing. The State Board of2
Elementary and Secondary Education shall promulgate rules and regulations3
to implement a program of licensing for early learning centers and the state4
Department of Education shall administer the licensing program pursuant to5
such rules and regulations.6
§407.33.  Definitions7
A. As used in this Part, the following definitions shall apply unless the8
context clearly states otherwise:9
(1) "Camp" means any place or facility operated by any institution,10
society, agency, corporation, person or persons, or any other group which serves11
only children five years of age or older and operates only when school is not in12
session during the summer months or school holidays.13
(2) "Child" means a person who has not reached age eighteen or14
otherwise been legally emancipated.15
(3) "Child day care center" means any place or facility operated by any16
institution, political subdivision, society, agency, corporation, person or persons,17
or any other group for the purpose of providing care, supervision, and guidance18
of seven or more children, not including those related to the caregiver,19
unaccompanied by parent or legal custodian, on a regular basis for at least20
twelve and one-half hours in a continuous seven-day week. If a child day care21
center provides transportation or arranges for transportation to and from the22
center, either directly or by contract with third parties, all hours during which23
a child is being transported shall be included in calculating the hours of24
operation. A child day care center that remains open for more than twelve and25
one-half hours in a continuous seven-day week, and in which no individual child26
remains for more than twenty-four hours in one continuous stay shall be known27
as a full-time child day care center. A child day care center that remains open28
after 9:00 p.m. shall meet the regulations established for nighttime care.29
(4) "Department" means the Department of Education.30
(5) "Early learning center" means any child day care center, Early Head31 SB NO. 524	ENROLLED
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Start Center, Head Start Center, or stand-alone prekindergarten program not1
attached to a school.2
(6) "Head Start and Early Head Start Programs" mean the federally-3
funded early childhood care and education programs that promote and4
teach school readiness to children ages birth to five from low-income families5
and provide services in the areas of education, social services for families,6
nutrition, family engagement, health and mental health, as well as providing the7
physical plant and instructional staff members for such purposes.8
(7) "License type" means the type of license applied for or held, which9
shall include Type I, Type II, and Type III.10
(8) "Related" or "relative" means a natural or adopted child or11
grandchild of the caregiver or a child in the legal custody of the caregiver.12
§407.34.  Requirement of licensure13
All early learning centers shall be licensed prior to beginning operations14
in Louisiana. Early learning center licenses shall be of three types: Type I, Type15
II, and Type III.16
§407.35.  Exemptions from licensure requirements17
A. Public and nonpublic day schools serving children in grades18
kindergarten and above, including any prekindergarten programs attached19
thereto, as well as camps, and care given without charge, shall be exempt from20
the provisions of this Part.21
B. A recognized religious organization which is qualified as a tax-exempt22
organization under Section 501(c) of the Internal Revenue Code, which remains23
open for not more than twenty-four hours in a continuous seven-day week, and24
in which no individual child remains for more than twenty-four hours in one25
continuous stay shall not be considered an early learning center for the26
purposes of this Part.27
C. Nothing in this Part shall apply to children in programs licensed or28
operated by the Department of Health and Hospitals or the Department of29
Children and Family Services.30
§407.36.  Types of Licenses31 SB NO. 524	ENROLLED
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A. A "Type I license" is the type of license issued to an early learning1
center that is owned or operated by a church or religious organization that is2
qualified as a tax exempt organization under Section 501(c) of the Internal3
Revenue Code and that receives no state or federal funds from any source,4
whether directly or indirectly.  A "Type I license" is also the type of license5
issued to an early learning center holding a "Class B" license prior to the6
effective date of this Part.7
(1) No early learning center holding a Type I license shall receive any8
state or federal funds, from any source, whether directly or indirectly.9
(2) If an early learning center holding a Type I license receives any state10
or federal funds, its license shall be automatically revoked.11
B. A "Type II license" is the type of license issued to an early learning12
center that either receives no state or federal funds from any source, whether13
directly or indirectly, or whose only source of state or federal funds is from the14
United States Department of Agriculture's food and nutrition programs,15
hereinafter referred to in this Part as "federal food and nutrition programs".16
(1) No early learning center holding a Type II license shall receive any17
state or federal funds, from any source, whether directly or indirectly, other18
than those funds received solely for federal food and nutrition programs.19
(2) If an early learning center holding a Type II license receives any state20
or federal funds, whether directly or indirectly, other than those received solely21
for federal food and nutrition programs, its license shall be automatically22
revoked.23
C. A "Type III license" is the type of license issued to any early learning24
center which receives state or federal funds, directly or indirectly, from any25
source other than the federal food and nutrition programs.  Type III early26
learning centers shall meet the performance and academic standards of the27
Early Childhood Care and Education Network regarding kindergarten28
readiness as determined by the State Board of Elementary and Secondary29
Education.30
D. Nothing in this Section shall prevent an early learning center31 SB NO. 524	ENROLLED
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otherwise qualified for a Type I license to voluntarily seek a Type II or Type III1
license, or an early learning center otherwise qualified for a Type II license to2
voluntarily seek a Type III license, provided that such early learning center3
meets the standards set forth for such license.4
§407.37.  Operating without a license; penalties5
A. Whoever operates any early learning center without a valid license6
issued by the department shall be fined by the department not less than one7
thousand dollars for each day of such offense.8
B. If any early learning center operates without a valid license issued by9
the department, the department may file suit in the district court in the parish10
in which the center is located for injunctive relief, including a temporary11
restraining order, to restrain the institution, agency, corporation, person or12
persons, or any other group operating the center from continuing the violation.13
§407.38.  Transitional provisions; applicable regulations14
A. Until such time as rules are promulgated by the State Board of15
Elementary and Secondary Education to implement the types of licenses16
required by R.S. 17:407.36, early learning centers shall continue to follow the17
administrative rules contained in the Louisiana Administrative Code for the18
licensure of Class A and Class B child care facilities.19
B. The administrative rules contained in the Louisiana Administrative20
Code promulgated by the Department of Children and Family Services which21
govern or are applicable to the programs and operations transferred from the22
Department of Children and Family Services to the Department of Education23
by this Act shall continue to be effective until the Board of Elementary and24
Secondary Education promulgates rules to implement the types of licenses25
required by R.S. 17:407.36.26
C. Upon promulgation by the State Board of Elementary and Secondary27
Education of rules to implement the three types of licenses:28
(1) All existing early learning centers possessing a Class B license shall29
be issued a Type I license as provided by rule, unless the center meets the30
definition of a Type II license, in which case it shall be issued a Type II license31 SB NO. 524	ENROLLED
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as provided by rule.1
(2) All existing early learning centers possessing a Class A license that2
meet the definition of a Type II license shall be issued a Type II license as3
provided by rule.4
(3) All existing early learning centers possessing a Class A license that5
meets the definition of a Type III license shall be issued a Type III license as6
provided by rule.7
D. Any early learning center that intends to change its license type at any8
time during the following calendar year shall apply for a new license no later9
than December first of the preceding year. This Subsection shall not apply to10
early learning centers changing location or ownership that are required to apply11
for a new license.12
E. The department shall maintain on its website all the information that13
is required by state and federal funding sources, which shall be easily accessible14
to the public, including but not limited to program statistics for the Child Care15
Assistance Program that includes monthly and year-end fiscal year totals of the16
number of children and amount of benefits of the current year and previous17
years back to 2004, monthly statistics of the number of children and the amount18
of benefits by parish, applications processed by parish, unduplicated count of19
paid providers by month, redeterminations, and cases by parish and fiscal year.20
The department shall also include information on each licensed facility for the21
last fifteen visits, including licensed capacity, license type, and current rating.22
§407.39.  Licenses; application; temporary or provisional; fees23
A. Application for licensure of a new early learning center shall be made24
by the center to the department using forms furnished by the department. Upon25
receipt of an application for a license and verification that minimum26
requirements for such license as established by rule are satisfied, and upon27
verifying that the center is in compliance with all applicable state and local laws28
and regulations, the department shall issue a Type I, Type II, or Type III license29
for such period as may be provided for by rule.30
B. The State Board of Elementary and Secondary Education may31 SB NO. 524	ENROLLED
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provide by rule for the issuance of temporary, provisional, or extended licenses1
for each license type if a disapproval has not been received from any state or2
local agency authorized by any laws or rules to inspect or approve such centers.3
C. A license of any type shall apply only to the location stated on the4
application, and such license, once issued, shall not be transferable from one5
person to another or from one location to another. If the location or ownership6
of the center is changed, then the license shall be automatically revoked.7
D. Each licensed center shall display its license in a prominent place at8
the center.9
E. There shall be an annual license fee for each type of early learning10
center in an amount equal to the annual license fee in effect for all Class A and11
Class B child care facilities possessing such license upon the effective date of this12
Section, without an increase in the amount of such fees.13
F. There shall be an annual license fee of twenty-five dollars for any14
license issued to an early learning center providing care for fifteen or fewer15
children; one hundred dollars for any license issued to an early learning center16
providing care for at least sixteen but no more than fifty children; one hundred17
seventy-five dollars for any license issued to an early learning center providing18
care for at least fifty-one but no more than one hundred children; and two19
hundred fifty dollars for any license issued to an early learning center providing20
care for more than one hundred children.21
G. The annual licensure fees provided in this Section shall not apply to22
Type I early learning centers.23
H. Annual fees for any type or category of license shall not be increased24
unless expressly authorized by statute as provided in Article VII, Section 2.1 of25
the Constitution of Louisiana.26
§407.40.  Rules, regulations and standards for licenses27
A. The State Board of Elementary and Secondary Education shall28
promulgate regulations for each type of license which, at a minimum, shall29
accomplish all of the following:30
(1) Promote the health, safety, and welfare of children attending any31 SB NO. 524	ENROLLED
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early learning center.1
(2) Promote safe and proper physical facilities at all early learning2
centers.3
(3) Ensure adequate supervision of those attending early learning4
centers.5
(4) Ensure adequate and healthy food service in early learning centers6
where food is offered.7
(5) Prohibit discrimination on the basis of race, color, creed, sex, national8
origin, handicap, ancestry, or whether the child is being breastfed. However,9
nothing in this Paragraph shall be construed to affect, limit, or otherwise10
restrict the hiring or admission policies of an early learning center owned by a11
church or religious organization, or prohibit such a center from giving12
preference in hiring or admission to members of the church or denomination.13
(6) Include procedures for the receipt, recordation, and disposition of14
complaints.15
B.(1) Every early learning center approved for licensure by the16
department shall be required to have all of the following:17
(a) Approval from the office of state fire marshal.18
(b) Approval from the Department of Health and Hospitals.19
(2) Each Type III early learning center shall also be required to obtain20
approval from the department of adherence to the performance and academic21
standards of the Early Childhood Care and Education Network regarding22
kindergarten readiness as determined by the State Board of Elementary and23
Secondary Education. The department shall base its approval upon the uniform24
accountability system as promulgated by the State Board of Elementary and25
Secondary Education.26
C. The State Board of Elementary and Secondary Education shall27
conduct a comprehensive review of all standards, rules, and regulations for all28
licenses every three years.29
D. The State Board of Elementary and Secondary Education, upon30
request by the department, may waive compliance with a licensing minimum31 SB NO. 524	ENROLLED
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standard upon determination that the economic impact is sufficiently great to1
make compliance impractical, as long as the health and well-being of the staff2
or children is not imperiled. If it is determined that the early learning center is3
meeting or exceeding the intent of a standard or regulation, the standard or4
regulation may be deemed to be met.5
E. Nothing in the rules, regulations, and standards adopted pursuant to6
this Section shall authorize or require medical examination, immunization, or7
treatment of any child whose parents object to such examination, immunization,8
or treatment.9
§407.41. State Central Registry Disclosure Requirement10
A. No individual whose name is recorded on the state central registry11
within the Department of Children and Family Services as a perpetrator for a12
justified finding of abuse or neglect of a child shall own or operate a licensed13
early learning center or shall be hired by a licensed early learning center as an14
employee or volunteer of any kind, including any therapeutic professionals,15
extracurricular personnel, and other independent contractors, unless there is16
a finding by the Department of Children and Family Services that the17
individual does not pose a risk to children.18
B. Any owner, operator, current or prospective employee, or volunteer19
of a licensed early learning center shall report annually, and at any time upon20
the request of the department, on the state central registry disclosure form21
promulgated by the Department of Children and Family Services, whether or22
not his name is currently recorded on the state central registry for a justified23
finding of abuse or neglect and he is the named perpetrator.24
C. Any such current or prospective employee or volunteer of a licensed25
early learning center shall submit the state central registry disclosure form to26
the owner or operator of the facility, who shall maintain the documents in27
accordance with current licensing requirements. Any state central registry28
disclosure form that is maintained in an early learning center licensing file shall29
be confidential and subject to the confidentiality provisions of R.S. 46:56(F)30
pertaining to the investigations of abuse and neglect.31 SB NO. 524	ENROLLED
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D. Any owner, operator, current or prospective employee, or volunteer1
of a licensed early learning center who knowingly falsifies the information on2
the state central registry disclosure form shall be guilty of a misdemeanor3
offense and shall be fined not more than five hundred dollars, or imprisoned for4
not more than six months, or both.5
E. Any owner, operator, current or prospective employee, or volunteer6
of a licensed early learning center who discloses that he is currently recorded7
on the state central registry for a justified finding of abuse or neglect shall be8
entitled to a risk assessment evaluation provided by the Department of Children9
and Family Services to determine whether the individual poses a risk to10
children. Any such individual who is determined to pose a risk to children shall11
have the right to file an appeal in accordance with R.S. 49:992 of the12
Administrative Procedure Act. Any such determination shall be kept on file at13
all times by the Department of Children and Family Services.14
§407.42.  Criminal History Review15
A. No person who has been convicted of or has pled nolo contendere to16
a crime listed in R.S. 15:587.1(C) shall directly or indirectly own, operate, or17
participate in the governance of an early learning center, or shall be hired by18
any early learning center as a volunteer or employee of any kind, including any19
therapeutic professionals, extracurricular personnel, and other independent20
contractors, or shall be hired by the department in a position whose duties21
include the performance of licensing inspections in early learning centers.22
B.(1) The State Board of Elementary and Secondary Education shall23
establish by regulation, requirements and procedures consistent with the24
provisions of R.S. 15:587.1 under which:25
(a) The owner or operator of an early learning center may request26
information concerning whether or not any owner or volunteer, applicant, or27
employee of any kind including contractors, of an early learning center has been28
arrested for or convicted of or pled nolo contendere to any criminal offense.29
(b) The department may request information concerning whether or not30
an applicant or employee of the department in a position whose duties include31 SB NO. 524	ENROLLED
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the performance of licensing inspections has been arrested for or convicted of1
or pled nolo contendere to any criminal offense.2
(2) Included in this regulation shall be the requirement and the3
procedure for the submission of a person's fingerprints in a form acceptable to4
the Louisiana Bureau of Criminal Identification and Information prior to5
employment of such person. A person who has submitted his fingerprints to the6
Louisiana Bureau of Criminal Identification and Information may be7
temporarily hired pending the report from the bureau as to any convictions of8
or pleas of nolo contendere by the person to a crime listed in R.S. 15:587.1(C).9
§407.43.  Inspections10
It shall be the duty of the department, through its duly authorized11
agents, to inspect at regular intervals not to exceed one year, and as deemed12
necessary by the department, and without previous notice, all early learning13
centers subject to the provisions of this Part. The department shall also develop14
and facilitate coordination with and among other authorized agencies making15
inspections at regular intervals. The early learning centers shall be open to16
inspection by authorized inspection personnel and by parents or legal17
custodians of children in care only during working hours.18
§407.44.  Denial, refusal to renew, or revocation of license; written notice19
The department shall have the power to deny, revoke, or refuse to renew20
a license for an early learning center if an applicant has failed to comply with21
the provisions of this Part or any applicable, published rule or regulation of the22
State Board of Elementary and Secondary Education relating to early learning23
centers. If a license is denied or revoked, or renewal is refused, the action shall24
be effective when made, and the department shall notify the applicant or25
licensee of such action in writing immediately, and of the reason for the denial26
or revocation, or refusal to renew the license.27
§407.45.  Denial, refusal to renew, or revocation of license; appeal procedure28
A. Upon the refusal of the department to grant or renew a license or29
upon the revocation of a license, the applicant or licensee having been refused30
a license or renewal, or having had a license revoked shall have the right to31 SB NO. 524	ENROLLED
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appeal such action to the division of administrative law by submitting a written1
request for an appeal to the department within thirty calendar days after2
receipt of the notification of the refusal to grant a license, or within fifteen3
calendar days after receipt of the notification of the refusal to renew or4
revocation. The department shall notify the division of administrative law5
within ten calendar days of receipt of a request for an appeal and the appeal6
hearing shall be held no later than thirty calendar days after such notice, with7
an administrative ruling no later than fifteen calendar days from the date of a8
hearing for revocation or refusal to renew a license, or within thirty days from9
the date of a hearing for the denial of a new license. This provision shall in no10
way preclude the right of the party to seek relief through mandamus suit11
against the department, as provided by law.12
B. Notwithstanding any law, rule, regulation, or provision to the13
contrary, including but not limited to R.S. 49:964(A)(2), the department shall14
be entitled to seek judicial review from any final decision or order rendered by15
the division of administrative law in any appeal hearing arising under this Part.16
The venue of judicial review shall be the district court of the parish in which the17
licensee is located.18
§407.46.  Operating in violation of regulations; penalties and fines19
A. (1) For violations related to supervision, criminal history record20
checks, the state central registry disclosure form, staff-to-child ratios, motor21
vehicle checks, or failure to report critical incidents, the department may issue22
a written warning that includes a corrective action plan, in lieu of revocation,23
upon any person or entity violating these requirements if such condition or24
occurrence does not pose an imminent threat to the health, safety, rights, or25
welfare of a child. Failure to implement a corrective action plan issued pursuant26
to this Section may result in either the assessment of a civil fine or license27
revocation or may result in both actions being taken by the department. Such28
civil fine shall not exceed two hundred fifty dollars per day for each assessment;29
however, the aggregate fines assessed for violations determined in any30
consecutive twelve-month period shall not exceed two thousand dollars.31 SB NO. 524	ENROLLED
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(2) The State Board of Elementary and Secondary Education shall adopt1
rules in accordance with the Administrative Procedure Act that articulate2
factors in determining the type of sanction imposed including the severity of3
risk, the actual harm and mitigating circumstances, the failure to implement a4
written corrective action plan, the history of noncompliance, an explanation of5
the treatment of continuing and repeat deficiencies, evidence of a good-faith6
effort to comply, and any other relevant factors.  The authority to impose7
sanctions pursuant to this Section shall commence on the effective date of the8
rules promulgated pursuant to this Section.9
B. The State Board of Elementary and Secondary Education shall adopt10
rules and regulations in accordance with the Administrative Procedure Act to11
provide for notice to the early learning center of any violation, for a12
departmental reconsideration process for sanctions issued, and for an appeal13
procedure including judicial review. Such appeal shall be suspensive. All14
appeals pursuant to this Subsection shall be heard by the division of15
administrative law pursuant to Chapter 13-B of Title 49 of the Louisiana16
Revised Statutes of 1950. The division shall furnish to the facility or agency a17
copy of the decision, together with notice of the manner for requesting judicial18
review. During the pendency of an appeal, an early learning center may19
continue to receive funding for services provided to those eligible children as20
determined by the department.21
C. The department may institute any necessary civil court action to22
collect fines imposed and not timely appealed. No child care facility shall claim23
imposed fines as reimbursable. Interest shall begin to accrue at the current24
judicial rate on the day following the date on which any fines become due and25
payable. All costs of any successful action to collect such fines, including travel26
expenses and reasonable attorney fees, shall be awarded to the department in27
addition to the fines.28
D.(1) Civil fines collected pursuant to the provisions of this Section shall29
be deposited immediately into the treasury.30
(2) After compliance with the requirements of Article VII, Section 9(B)31 SB NO. 524	ENROLLED
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of the Constitution of Louisiana relative to the Bond Security and Redemption1
Fund, and prior to the monies being placed in the state general fund, an amount2
equal to the amount deposited as provided in Paragraph (1) of this Subsection3
shall be credited to a special fund hereby created in the state treasury to be4
known as the "Early Learning Center Licensing Trust Fund", hereinafter5
referred to as "the fund". The monies in the fund shall be subject to annual6
appropriation and shall be available exclusively for use by the department for7
the education and training of employees, staff, or other personnel of child care8
facilities.9
(3) The monies in the fund shall be invested by the treasurer in the same10
manner as the monies in the state general fund, and all interest earned from the11
investment of monies in the fund shall be deposited in and remain to the credit12
of the fund. All unexpended and unencumbered monies remaining in the fund13
at the end of the fiscal year shall remain in the fund.14
§407.47.  Complaints against centers15
It shall be the duty of the department, through its duly authorized16
agents, to report all complaints, including but not limited to complaints alleging17
child abuse or the prevention or spread of communicable diseases, against any18
early learning center to the appropriate agencies for investigation and19
disposition.20
§407.48.  Disclosure of center information21
A. The department shall make available, upon written request of a22
parent or legal custodian of any child who has applied for placement in an early23
learning center licensed by the department, the following information relative24
to such early learning center:25
(1) Any violations of standards, rules, or regulations in the prior twelve26
months.27
(2) Any waivers of minimum standards authorized for such early28
learning center.29
B. Requests may be sent by email, facsimile, or mail and shall include the30
name of each early learning center for which information is requested.31 SB NO. 524	ENROLLED
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C. Early learning centers shall make available to parents or legal1
custodians information on how to view or obtain copies of early learning center2
licensing inspections from the department's website.3
§407.49.  Parent-child relationship4
The State Board of Elementary and Secondary Education and the5
department shall not interfere with the parent-child relationship regarding the6
religious training of a child, where all of the following conditions are met:7
(1) The parent or legal custodian has enrolled their child in a child care8
facility, including but not limited to a child residential facility, operated by a9
religious, nonprofit organization which is exempt from federal income taxes10
pursuant to 26 U.S.C. 501(c)(3).11
(2) Where, as a condition of enrollment, the child is required to attend12
religious services or classes and the parent or legal custodian of the child agrees13
to such condition.14
§407.50.  Immunization information; influenza15
A. Each licensed early learning center, before November first of each16
year, shall make available to each child's parent or legal custodian information17
relative to the risks associated with influenza and the availability, effectiveness,18
known contraindications and possible side effects of the influenza19
immunization. Such information shall include the causes and symptoms of20
influenza, the means by which influenza is spread, the places where a parent or21
legal custodian may obtain additional information, and where a child may be22
immunized against influenza. Such information shall be updated annually if23
new information on such disease is available.24
B. (1) The Department of Health and Hospitals shall develop and provide25
information on influenza immunization to the department. The department26
shall provide such information to each licensed early learning center, which27
shall make the information available to each child's parent or legal custodian28
pursuant to Subsection A of this Section.29
(2) The Department of Health and Hospitals and the department shall30
determine respectively the most cost-effective and efficient means of31 SB NO. 524	ENROLLED
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distributing such information.1
C. The department, in consultation with the Department of Health and2
Hospitals, shall establish by rules and regulations all guidelines and procedures3
for carrying out the provisions of this Section in accordance with the4
Administrative Procedure Act.5
D. Nothing in this Section shall be construed to require any licensed early6
learning center, the department, or the Department of Health and Hospitals to7
provide or pay for immunizations against influenza.8
§407.51.  Advisory Council9
A. The board shall establish an Advisory Council on Early Childhood10
Care and Education that shall consist of the following members:11
(1) Two representatives of Type III early learning centers, selected by the12
state superintendent of education.13
(2) One representative of a Type II early learning center, selected by the14
state superintendent of education.15
(3) One representative of a Type I early learning center, selected by the16
state superintendent of education.17
(4) Two representatives of Head Start programs, one of which shall be18
operated by a local education agency and selected by the state board, and one19
of which shall be operated by a nonlocal education agency and selected by the20
state superintendent of education from a list of three persons nominated by the21
Louisiana Head Start Association.22
(5) Two representatives of local education agencies operating publicly-23
funded early childhood programs other than Head Start, selected by the state24
board.25
(6) Two representatives of Louisiana nonprofit advocacy organizations26
having a focus on early childhood education, selected by the state27
superintendent.28
(7) Two representatives of approved nonpublic schools with publicly-29
funded early childhood care and education programs, selected by the state30
board.31 SB NO. 524	ENROLLED
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(8) One professional or faculty member having child development or1
early childhood education expertise from a Louisiana post-secondary education2
institution, selected by the commissioner of higher education.3
(9) The president of the Louisiana Chapter of the American Academy of4
Pediatrics, or his designee.5
(10) One representative of an advocacy or service organization that6
focuses on serving children with disabilities, selected by the state7
superintendent.8
(11) One representative of a Louisiana business or community9
organization, selected by the state board.10
(12) One parent of a child currently enrolled in a publicly-funded early11
learning center or prekindergarten program, selected by the state board.12
B. The council shall include nonvoting ex officio members who may13
advise and contribute to discussions pertaining to early childhood care and14
education, including but not limited to the following:15
(1) The chairmen of the House Committee on Education, Senate16
Committee on Education, House Committee on Health and Welfare, and Senate17
Committee on Health and Welfare, or their designees.18
(2) The secretary of the Department of Children and Family Services or19
his designee.20
(3) The state director of the Louisiana State Head Start Collaboration21
Project.22
(4) A representative of the state agency responsible for programs under23
Section 619 or Part C of the Individuals with Disabilities Education Act (2024
U.S.C. 1419, 1431 et seq.).25
(5) The director of the Maternal and Child Health Program at the26
Department of Health and Hospitals.27
(6) The director of the Child and Adult Care Food Program at the28
Department of Education.29
(7) The Louisiana State Fire Marshal, or his designee.30
(8) A representative from the office of sanitarian services at the31 SB NO. 524	ENROLLED
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Department of Health and Hospitals.1
(9) A representative from the Louisiana Workforce Commission.2
(10) A representative from the Louisiana State Police Bureau of3
Criminal Identification and Information.4
C. The council shall serve in an advisory capacity to the board and shall5
comply with the Open Meetings Law.6
D. The chair shall be elected by the voting members of the council.7
E. Council members shall not receive compensation or a per diem for8
their services or attendance at council meetings.9
F. The Department of Education shall provide staff support for the10
council, including but not limited to the scheduling of meetings, providing11
public notice of scheduled meetings, and including information about the12
council and its meeting minutes on its website. Council meeting minutes shall13
be provided to the state board at its next regularly scheduled meeting.14
G. The council shall meet at least quarterly, with the meetings to be15
called by the chair or the state superintendent as needed. The chair shall set the16
agenda.17
H. The council shall provide input and guidance to the board and the18
Department of Education on matters pertaining to the development and19
implementation of rules, regulations, bulletins, policies or standards related to20
all publicly-funded early care and education programs, including early learning21
centers, enrollment in early learning centers, the Cecil J. Picard LA4 Early22
Childhood Program, the Child Care and Development Fund Block Grant or the23
Child Care Assistance Program, Early Head Start, and Head Start.24
I. Prior to its submission to the United States Department of Health and25
Human Services, the department shall consult and provide a draft of the state26
plan for the Child Care and Development Fund and its budget, and any27
amendments to the state plan including budget revisions, and provide an28
opportunity for the council to make recommendations.  Recommendations29
made by the council shall be reported to the state board.30
J. Prior to the board’s consideration of any rule or standard related to31 SB NO. 524	ENROLLED
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early learning centers, enrollment in early learning centers, the Cecil J. Picard1
LA4 Early Childhood Program, the Child Care and Development Fund Block2
Grant or the Child Care Assistance Program, the department shall consult with3
and provide a draft of the proposed rules to the council, and provide an4
opportunity for the council to make recommendations. Recommendations5
made by the council shall be reported to the state board prior to their adoption.6
Nothing herein shall prevent the board from adopting an emergency rule7
pursuant to the Administrative Procedure Act.  The provisions of this8
Subsection shall not apply to the adoption of emergency rules. However, the9
department shall notify the council of any meetings of the State Board of10
Elementary and Secondary Education at which emergency rules pertaining to11
matters described in Subsection H of this Section will be considered. Such12
notification shall be given at the same time that public notice of the meeting is13
given and shall include a draft of the proposed emergency rule.14
K. The department shall provide quarterly reports on the15
implementation and progress, activities, and status of the Early Childhood Care16
and Education Network, including the creation and implementation of an17
accountability system for early care and education programs and the transition18
of the Child Care and Development Block Grant and licensure to the19
Department of Education. Any recommendations by the council shall be20
reflected in meeting minutes.21
L. The department shall provide the council with reports not less than22
annually of the following activities, provided that data is available, pursuant to23
a schedule agreed upon by the chair and the state superintendent of education:24
(1) A description of each publicly-funded early care and education25
program, including the eligibility criteria, the program requirements, average26
number of hours and days of the program, and the amount of total funding and27
source of funding for each program. The description shall also include a specific28
description of the fee structure for the Child Care Assistance Program.29
(2) The number of children served in each publicly-funded early30
childhood care and education program in Louisiana, broken down by the age31 SB NO. 524	ENROLLED
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of the child and amount of public funding per child per program.1
(3) The number of early learning centers by each licensing type and at2
each quality level as determined by the accountability system then in place, and3
the number of children served at each age in each type at each quality level.4
(4) Description of the training and support provided to each program5
and the amount of funding for this by program and source of funds.6
(5) Description of unmet family demand for early care and education in7
Louisiana.8
(6) Description of the goals for the upcoming fiscal year for early care9
and education in Louisiana, including outcome indicators that will be used to10
measure progress, and a description of the progress made in achieving the11
previous year’s goals.12
(7) Description and results of any evaluations of the early care and13
education programs in the state.14
(8) Description of the early care and education workforce, including an15
analysis of the status of the current early care and education workforce,16
including demographics, certifications and education levels, participation and17
level on any professional development ladder, and the participation in any18
teacher tax credits.  The description shall also include information about19
salaries and benefits, and a comparison of these to similarly qualified employees20
in other but related fields, and an analysis of the workforce capacity necessary21
to meet the state’s early care and education needs.22
M. Any reports provided by the department and any council23
recommendations shall be included in meeting minutes.24
§407.52.  Coordination25
The Department of Education shall coordinate with the office of state fire26
marshal and the Department of Health and Hospitals to align standards for27
licensing of early learning centers with the standards for early childhood28
education programs.29
§407.53.  Rules30
The State Board of Elementary and Secondary Education shall31 SB NO. 524	ENROLLED
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promulgate rules and regulations in accordance with the provisions of the1
Administrative Procedure Act to carry out the provisions of this Part.2
Section 3. Part X-C of Chapter 1 of Title 17 of the Louisiana Revised Statutes of3
1950, comprised of R.S. 17:407.61 through 407.72, and Part X-D of Chapter 1 of Title 174
of the Louisiana Revised Statues of 1950, comprised of R.S. 17:407.81 through 407.84, are5
hereby enacted to read as follows:6
PART X-C. Family Child Day Care Home Registration Law7
§407.61.  Short title8
This Part may be cited as the "Family Child Day Care Home9
Registration Law".10
§407.62. Definitions11
As used in this Part, the following definitions shall apply unless the12
context clearly states otherwise.13
(1) "Child" means a person who has not reached the age of eighteen14
years. The words "child" and "children" are used interchangeably in this Part.15
(2) "Child and Adult Care Food Program" means the federal nutrition16
reimbursement program as funded by the United States Department of17
Agriculture through the state Department of Education.18
(3) "Child Care and Development Fund" means the child care programs19
funded through the federal Child Care and Development Fund Block Grant Act20
and administered by the state Department of Education.21
(4) "Department" means the Department of Health and Hospitals or the22
Department of Education, as indicated by the context.23
(5) "Family child day care home" means any place, facility, or home24
operated by any institution, society, agency, corporation, person or persons, or25
any other group for the primary purpose of providing care, supervision, and26
guidance of six or fewer children.27
(6) "Relative" or "related" means the child, grandchild, niece, or28
nephew of the primary child care provider in a family child day care home.29
§407.63.  Requirement for registration; exemptions30
A. All family child day care homes that receive state or federal funds,31 SB NO. 524	ENROLLED
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directly or indirectly, shall be registered.1
B. Family child day care homes that do not receive state or federal funds,2
directly or indirectly, and individuals who provide care for only related family3
members, shall not be required to be registered.4
C. All family child day care homes shall be registered prior to receiving5
any state or federal funds, directly or indirectly.6
§407.64.  Rules and regulations; inspection requirements7
A. The Department of Health and Hospitals shall promulgate rules and8
regulations in accordance with the Administrative Procedure Act to carry out9
the provisions of this Part for all family child day care homes which receive10
state or federal funds except those family child day care homes which11
participate in the United States Child and Adult Care Food Program or the12
Child Care and Development Fund.13
B. The Department of Education shall promulgate rules and regulations14
in accordance with the Administrative Procedure Act to carry out the15
provisions of this Part for those family child day care homes that participate in16
the United States Child and Adult Care Food Program or the Child Care and17
Development Fund.18
C. A family child day care home shall be inspected and approved by the19
office of state fire marshal in accordance with the rules and regulations as20
established under Subsections A and B of this Section, developed in consultation21
with the office of state fire marshal.22
§407.65.  Inspections23
The Department of Education, through its duly authorized agents, shall24
reserve the right to visit and inspect registered family child day care homes as25
deemed necessary by the department. All family child day care homes shall be26
open to inspection by the department, parents, and by other authorized27
inspection personnel during normal working hours or when children are in28
care.29
§407.66.  Fees30
A. (1) The office of state fire marshal shall have the authority to charge31 SB NO. 524	ENROLLED
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each family child day care home applying for registration or renewal of1
registration an annual fee for services. This fee shall be adopted in accordance2
with the Administrative Procedure Act.3
(2) A fee shall be charged to cover the cost of inspection for family child4
day care homes regulated by the Department of Education in accordance to R.S.5
17:407.64(B). The fee shall be set at thirty dollars per inspection and used for6
the sole purpose of employing personnel to perform such inspections.7
B. The office of state fire marshal shall transfer sufficient funds to the8
Department of Health and Hospitals or the Department of Education for those9
family child day care homes which receive state or federal funds but do not10
participate in the United States Child and Adult Care Food Program to carry11
out the registration process in accordance with this Part.12
§407.67.  Revocation or refusal to renew registration; written notice13
The authorized department shall have the authority to deny, revoke, or14
refuse to renew a registration of a registered family child day care home if an15
applicant has failed to comply with the provisions of this Part, any applicable16
published rule or regulation relating to registered family child day care homes,17
or any other state, federal, or local rule or regulation. If a registration is denied,18
revoked, or withdrawn, the action shall be effective when made and the family19
child day care home shall be notified in writing. This notice shall give the reason20
for denial, revocation, or withdrawal of the registration.21
§407.68.  Revocation or refusal of registration; appeal procedure22
Upon the refusal of the department to grant or renew a registration or23
upon the revocation of a registration, the family child day care home having24
been refused a registration or renewal or having had a registration revoked25
shall have the right to appeal such action to the division of administrative law26
by submitting a written request for an appeal to the department within thirty27
calendar days after receipt of the notification of the refusal or revocation. The28
department shall notify the division of administrative law within ten calendar29
days of receipt of a request for an appeal and the appeal hearing shall be held30
no later than thirty calendar days after such notice, with an administrative31 SB NO. 524	ENROLLED
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ruling no later than thirty calendar days from the date of the hearing. This1
provision shall in no way preclude the right of the party to seek relief through2
mandamus suit against the department, as provided by law.3
§407.69. Operating without or in violation of registration; penalty; injunctive4
relief5
A. Whoever operates a family child day care home required to be6
registered under this Part without a valid registration issued by the department7
shall be fined not less than twenty-five dollars nor more than one hundred8
dollars. Each day of operation in violation of the requirements of this Part shall9
constitute a separate offense.10
B. The department may also file suit in the district court in the parish in11
which the family child day care home is located for injunctive relief, including12
a temporary restraining order, to restrain the family child day care home from13
continuing the violation.14
§407.70.  Notification of health and safety violations15
The department shall notify the appropriate agencies if it is determined16
that one or more violations exist within a family child day care home which17
place the health and well-being of a child or children in imminent danger.18
§407.71. Grounds for revocation or refusal to renew registration; criminal19
activities; lack of CPR or first aid training20
A. No family child day care home may have in its employ, or living in the21
home, any person who has been convicted of or pled nolo contendere to a crime22
listed in R.S. 15:587.1(C). The cost of any criminal background check which23
may be required by the department as proof of compliance with this Subsection24
shall be the responsibility of the family child day care home.25
B. The primary child care provider of any family child day care home26
shall have documented current certification in either Infant/Child CPR or27
Infant/Child/Adult CPR.28
C. The department may deny, revoke, or refuse to renew any registration29
of a family child day care home which violates the provisions of this Section.30
D. The provisions of this Section shall not apply to a family child day31 SB NO. 524	ENROLLED
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care home in which the primary child care provider at such home is related to1
all the children receiving child care at such home.2
E. The provisions of this Section shall not apply to a family child day3
care home registered with the Department of Education solely for participation4
in the United States Child and Adult Care Food Program.5
§407.72.  Orientation6
A. All family child day care home providers receiving payments from the7
Department of Education shall be required to participate in a four-hour8
orientation. The orientation curriculum shall include but not be limited to the9
following subjects: recordkeeping; immunization schedules and requirements;10
recognizing signs of child abuse; child abuse prevention; communicating with11
parents; age appropriate activities for young children; child development; child12
safety; and nutritional needs of children. The orientation will count toward the13
required hours of professional development training mandated by the14
Department of Education.15
B. New family child day care home providers are required to provide16
proof of orientation participation within twelve months after beginning17
operation. New providers, at the time of application, are required to sign an18
agreement committing to attend the required orientation within twelve months.19
PART X-D. Early Learning Staff20
§407.81.  Legislative intent; declaration of policy21
It is the intent of the legislature to protect the health, safety, and well-22
being of the children of the state who are in out-of-home care on a regular or23
consistent basis. To that end, it shall be the policy of the state to ensure24
protection of children in care by encouraging early learning staff to obtain25
certification through early childhood educational training programs.26
§407.82.  Definitions27
As used in this Part, the following definitions shall apply:28
(1) "Early learning staff" means a person employed as a full-time staff29
member in a licensed early learning center or a registered family child day care30
home.31 SB NO. 524	ENROLLED
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(2) "Department" means the Department of Education.1
§407.83.  Early learning staff; training2
Early learning staff who participate in an early childhood educational3
training program approved by the department may be eligible for a scholarship4
funded by the state. Such scholarship shall be awarded only if funds are5
appropriated by the federal government for such purpose.6
§407.84.  Departmental duties and responsibilities7
A. The department shall administer the provisions of this Part and shall8
be responsible for all matters pertaining to establishing the scholarship amount9
and the method of payment to eligible early learning staff.10
B. The department shall develop guidelines and procedures to implement11
the provisions of this Part and to establish the amount of scholarships. The12
guidelines for determining the scholarship amount may include the number of13
training hours earned, the type of training selected, the cost of the training to14
early learning staff, the benefit of the training to the state and to the children15
served, and other points considered essential by the department.16
Section 4. R.S. 36:474(A)(11) and 477(B)(1) are hereby amended and reenacted to17
read as follows:18
§474. Powers and duties of the secretary of the Department of Children and Family19
Services20
A. In addition to the functions, powers, and duties otherwise vested in the21
secretary by law, he shall:22
*         *          *23
(11) Except as provided in Subsection G of this Section, prepare and submit24
a state plan for participation in the Child Care and Development Block Grant25
Program until such authority is transferred to the state Department of26
Education in accordance with R.S. 17:407.26, and in the Title IV-A federal27
program to assist families at risk of welfare dependency.  The Joint Committee on28
Health and Welfare shall serve as an advisory committee to the secretary to begin29
developing the state plan.30
*          *          *31 SB NO. 524	ENROLLED
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§477.  Office; purposes and functions1
*          *          *2
B.(1) The office of children and family services shall perform the services of3
the state relating to public assistance programs to provide aid to dependent children4
and to adults, who due to age, disability, or infirmity, are unable to adequately meet5
their basic needs. It shall also administer the food stamp program, child support6
programs, establishment of paternity programs, disaster relief grant programs for7
individuals and families, and such other programs as assigned by the secretary.  It8
shall also conduct disability and other client eligibility determinations, and may9
conduct medical assistance client eligibility determinations. The office is authorized10
to enter into interagency agreements with other state agencies to conduct eligibility11
determinations. The office shall provide for the public child welfare functions of the12
state including but not limited to prevention services which promote, facilitate, and13
support activities to prevent child abuse and neglect; child protective services;14
voluntary family strengthening and support services; making permanent plans for15
foster children and meeting their daily maintenance needs of food, shelter, clothing,16
necessary physical medical services, school supplies, and incidental personal needs;17
and adoption placement services for foster children freed for adoption. It shall also18
perform the functions of the state relating to the licensing of child care facilities that19
do not receive federal funds under Title XIX of the Social Security Act and day care20
centers and agencies facilities regulated under Chapter 14 of Title 46 of the21
Louisiana Revised Statutes of 1950.  The office shall issue and monitor domestic22
violence services contracts.23
*          *          *24
Section 5. R.S. 46:1401, 1402, 1402.1, 1403, 1404(A), 1405, 1406, 1407, 1414.1,25
1415, 1417, 1418(A), 1419, 1420(A), 1421, 1422, 1423, 1427, 1428, and 1430 are hereby26
amended and reenacted to read as follows:27
CHAPTER 14. CHILD CARE FACILITIES AND28
CHILD-PLACING AGENCIES LICENSING SPECIALIZED PROVIDERS29
§1401.  Short title30
This Chapter may be cited as the "Child Care Facility and Child-Placing31 SB NO. 524	ENROLLED
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Agency Specialized Provider Licensing Act."1
§1402.  Legislative intent; declaration of purpose and policy2
It is the intent of the legislature to protect the health, safety, and well-being3
of the children of the state who are in out-of-home care on a regular or consistent4
basis. Toward that end, it is the purpose of this Chapter to establish statewide5
minimum standards for the safety and well-being of children, to insure maintenance6
of these standards, and to regulate conditions in these facilities through a program7
of licensing. It shall be the policy of the state to insure protection of all individuals8
under care in child care facilities and placement agencies by specialized providers9
and to encourage and assist in the improvement of programs. It is the further intent10
of the legislature that the freedom of religion of all citizens shall be inviolate. This11
Chapter shall not give the Department of Health and Hospitals or the Department of12
Children and Family Services jurisdiction or authority to regulate, control, supervise,13
or in any way be involved in the form, manner, or content of any curriculum or14
instruction of a school or facility specialized provider sponsored by a church or15
religious organization so long as the civil and human rights of the clients and16
residents are not violated.17
§1402.1.  Licensing; prohibition of conflict of interest18
All licenses issued to child care facilities and child-placing facilities19
specialized providers pursuant to this Chapter shall specify that the facility shall not20
enter into any contract or engage in any activities in conflict with its duties to the21
mothers, fathers, and children that it is licensed to serve.22
§1403.  Definitions23
A. As used in this Chapter, the following definitions shall apply unless the24
context clearly states otherwise:25
(1) "Camp" means any place or facility operated by any institution, society,26
agency, corporation, person or persons, or any other group which serves only27
children five years of age or older and operates only when school is not in session28
during the summer months or school holidays, or both.29
(2)  "Child" means a person who has not reached age eighteen or otherwise30
been legally emancipated. The words "child" and "children" are used interchangeably31 SB NO. 524	ENROLLED
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in this Chapter.1
(3) "Child day care center" means any place or facility operated by any2
institution, society, agency, corporation, person or persons, or any other group for3
the purpose of providing care, supervision, and guidance of seven or more children,4
not including those related to the caregiver, unaccompanied by parent or guardian,5
on a regular basis for at least twelve and one-half hours in a continuous seven-day6
week. If a child day care center provides transportation or arranges for transportation7
to and from the center, either directly or by contract with third parties, all hours8
during which a child is being transported shall be included in calculating the hours9
of operation. A child day care center that remains open for more than twelve and10
one-half hours in a continuous seven-day week, and in which no individual child11
remains for more than twenty-four hours in one continuous stay shall be known as12
a full-time child day care center. A child day care center that remains open after 9:0013
p.m. shall meet the appropriate regulations established for nighttime care.14
(4)(2) "Child-placing agency" means any institution, society, agency,15
corporation, facility, person or persons, or any other group engaged in placing16
children in foster care or with substitute parents for temporary care or for adoption,17
or engaged in assisting or facilitating the adoption of children, or engaged in placing18
youth in transitional placing programs, but shall not mean a person who may19
occasionally refer children for temporary care.20
(5)(3) "Department" means the Department of Children and Family Services.21
(6) "Early childhood learning center" means any child day care center, Early22
Head Start grantee, Head Start grantee, or stand-alone prekindergarten or23
kindergarten program that is not attached to a school and that is licensed by the state.24
(7) "License category" means the category of license applied for or held,25
which shall include early childhood learning centers, maternity homes, residential26
homes, and child-placing agencies.27
(8)(4) "License type" means the type of license applied for or held 	by a28
specialized provider, which shall include Type I, Type II, Type III, and Type IV29
licenses.30
(9)(5) "Maternity home" means any place or facility in which any institution,31 SB NO. 524	ENROLLED
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society, agency, corporation, person or persons, or any other group regularly receives1
and provides necessary services for children before, during, and immediately2
following birth. This definition shall not include any place or facility which receives3
and provides services for women who receive maternity care in the home of a4
relative within the sixth degree of kindred, computed according to civil law, or5
general or special hospitals in which maternity treatment and care is part of the6
medical services performed and the care of children only brief and incidental.7
(10)(6) "Related" or "relative" means a natural or adopted child or grandchild8
of the caregiver or a child in the legal custody of the caregiver.9
(11)(7) "Residential home" means any place, facility, or home operated by10
any institution, society, agency, corporation, person or persons, or any other group11
to provide full-time care, twenty-four hours per day, for more than four children who12
are not related to the operators and whose parents or guardians are not residents of13
the same facility, with or without transfer of custody.14
(12) "School", as referred to in R.S. 46:1415, means any institution or facility15
which provides for education of children in grades one or above. Any kindergarten16
or prekindergarten attached thereto shall be considered part of that school.17
(13)(8) "Specialized provider" means a child-placing agency, maternity18
home, or residential home.19
(14)(9) "Type I license" means a license held by a child day care center or20
residential home that is owned or operated by a church or religious organization that21
does not wish to be licensed as a Type II, Type III, or Type IV center. Nothing herein22
shall be construed to require a children's religious ministry program operated by a23
church or other religious organization in accordance with R.S. 46:1429 to be licensed24
pursuant to this Chapter. "Type I license" also means a license held by a 	child day25
care center or residential home holding a Class B license prior to the effective date26
of this Section.27
(15) "Type II license" means the license held by a privately owned child day28
care center that either receives no state or federal funds from any source, whether29
directly or indirectly, or whose only source of state or federal funds is the federal30
food and nutrition program.31 SB NO. 524	ENROLLED
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(16) "Type III license" means the license held by any publicly or privately1
owned early childhood learning center which receives state or federal funds, directly2
or indirectly, from any source other than the federal food and nutrition program.3
Type III early childhood learning centers shall meet the performance and academic4
standards of the Early Childhood Care and Education Network regarding5
kindergarten readiness, as determined by the State Board of Elementary and6
Secondary Education.7
(17)(10) "Type IV license" means the license held by any publicly or8
privately owned specialized provider.9
(18)(11) "Youth" means a person not less than sixteen years of age nor older10
than twenty-one years of age.11
B. For purposes of this Chapter "child care facility" shall include maternity12
homes, early childhood learning centers, and residential homes as defined in this13
Section.14
*          *          *15
§1404.  Requirement of licensure16
A. All early childhood learning centers and specialized providers, including17
facilities owned or operated by any governmental, profit, nonprofit, private, or18
church agency, shall be licensed. Child care facility Specialized provider licenses19
shall be of four two types: Type I , Type II, Type III, and Type IV.20
*          *          *21
§1405.  Transitional provisions22
A.(1) Until such time as rules are promulgated by the department to23
implement the types of licenses required by R.S. 46:1404, child care facilities and24
child-placing agencies specialized providers shall follow the rules, regulations, and25
standards in effect for Class A and Class B licensure.26
(2) The department shall create an early childhood learning working group27
to include one representative from Louisiana's Early Childhood Advisory Council,28
the Child Care Association of Louisiana, the Nonpublic School Council, the29
Louisiana Head Start Association, the Department of Children and Family Services,30
the Department of Education, the Children's Cabinet, and the office of the governor.31 SB NO. 524	ENROLLED
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Such working group shall include participants having expertise in care of infants and1
toddlers, pediatric health, pediatric mental health, cognitive development, and social2
emotional development. The department shall seek input from the working group in3
the development of the rules and regulations establishing Type I, Type II, and Type4
III licenses and shall submit the proposed rules and regulations pursuant to this5
Section to the working group for approval. Such working group shall forward the6
proposed rules and regulations to the Children's Defense Fund, the Louisiana7
Association for the Education of Young Children, and Louisiana Partnership for8
Children and Families no later than November 1, 2013, for review and comment. The9
working group shall be dissolved on the effective date of any provision of law which10
transfers statutory authority for licensing of child day care centers from the11
Department of Children and Family Services to the Department of Education.12
B. All existing child day care centers or residential homes possessing a Class13
B license shall be issued a Type I license as provided by rule.14
C.(1) All child day care centers that meet the definition for a Type II license15
pursuant to this Chapter shall be issued a Type II license as provided by rule.16
(2) Any child day care center possessing a Class A license on January 1, 201417
that meets the definition of a Type II license pursuant to this Chapter shall be issued18
a Type II license as provided by rule.19
D. All existing early childhood learning centers that meet the definition for20
a Type III license pursuant to this Chapter shall be issued a Type III license as21
provided by rule.22
E.(1) C. All existing child placing agencies, maternity homes, and residential23
homes that meet the definition for a Type IV license pursuant to this Chapter shall24
be issued a Type IV license as provided by rule.25
(2) Any maternity home, residential home, or child-placing agency26
possessing a Class A license on January 1, 2014 that meets the definition of a Type27
IV license pursuant to this Chapter shall be issued a Type IV license.28
F. Any early childhood learning center that requests to change its license type29
for the following year shall apply to the department no later than December first of30
the preceding year. This Subsection shall not apply to early childhood learning31 SB NO. 524	ENROLLED
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centers changing location or ownership that are required to apply for a new license1
pursuant to R.S. 46:1406(C).2
§1406.  Licenses; application; temporary or provisional; fees3
A. Application for licensure of a new child care facility or specialized4
provider shall be made by the child care facility or specialized provider to the5
department upon forms furnished by the department. Upon receipt of the application6
for a license and verification that minimum requirements for such license as7
established by rule are satisfied, and that the facility or agency specialized provider8
is in compliance with all other state and local laws and regulations, the department9
shall issue a Type I, Type II, Type III, or Type IV license for the appropriate license10
category for such period as may be provided for by rule.11
B. The department may provide through the promulgation of rules for the12
issuance of temporary, provisional, or extended licenses for each license category13
and type if a disapproval has not been received from any other state or local agency14
authorized by any other laws or rules to inspect such facilities or agencies15
specialized providers.16
C. A license of any type or category shall apply only to the location stated on17
the application, and such license, once issued, shall not be transferable from one18
person to another or from one location to another. If the location or ownership of the19
facility specialized provider is changed, then the license shall be automatically20
revoked. A new application form shall be completed prior to all license renewals.21
D. Each licensed facility specialized provider shall display its license in a22
prominent place at the facility, except that a facility specialized provider operated23
by a church or religious organization may be exempt from such requirement,24
provided the license is available upon request.25
E. There shall be an annual license fee for each type of early childhood26
learning center and specialized provider in an amount equal to the annual license fee27
in effect for all Class A and Class B child care facilities and child-placing agencies28
specialized providers possessing such license on January 1, 2014, without an29
increase in the amount of such fees.30
F. There shall be an annual license fee of twenty-five dollars for any license31 SB NO. 524	ENROLLED
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issued to an early childhood learning center providing care for fifteen or fewer1
children; one hundred dollars for any license issued to an early childhood learning2
center providing care for at least sixteen but no more than fifty children; one hundred3
seventy-five dollars for any license issued to an early childhood learning center4
providing care for at least fifty-one but no more than one hundred children; and two5
hundred fifty dollars for any license issued to an early childhood learning center6
providing care for more than one hundred children.7
G. There shall be an annual license fee of one hundred dollars for any license8
issued to a residential home providing care for six or less children; two hundred9
dollars for any license issued to a residential facility providing care for at least seven10
but no more than fifteen children; and three hundred dollars for any license issued11
to a residential facility providing care for sixteen or more children.12
H. F. There shall be an annual license fee of fifty dollars for any license13
issued to a child-placing agency or maternity home.14
I. G. The fees provided for in this Section shall not apply to any Type I child15
day care center specialized provider owned or operated by a church or religious16
organization.17
J. H. Annual fees for any type or category of license shall not be increased18
unless expressly authorized by statute as provided in Article VII, § Section 2.1 of the19
Constitution of Louisiana.20
§1407.  Rules, regulations, and standards for licenses21
A. The department shall promulgate regulations for each category and type22
of license to carry out the provisions of this Chapter in accordance with the23
provisions of the Administrative Procedure Act. The department shall seek input and24
guidance from the Louisiana Advisory Council on Child Care and Early Education25
concerning the proposed rules and regulations for approval of Type I, Type II, and26
Type III facilities for licensure in accordance with the Administrative Procedure Act.27
B.(1) The regulations developed by the department, at a minimum, shall28
accomplish all of the following:29
(a) Promote the health, safety, and welfare of children attending any facility30
specialized provider.31 SB NO. 524	ENROLLED
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(b) Promote safe, comfortable, and proper physical facilities of specialized1
providers.2
(c) Ensure adequate supervision of those attending facilities specialized3
providers by capable, qualified, and healthy personnel.4
(d) Ensure adequate and healthy food service in facilities specialized5
providers where food is offered.6
(e) Prohibit discrimination by early childhood learning centers and7
specialized providers on the basis of race, color, creed, sex, national origin, handicap,8
ancestry, or whether the child is being breastfed. However, nothing in this9
Subparagraph shall be construed to affect, limit, or otherwise restrict any of the10
following:11
(i) The hiring or admission policies of a licensed child day care center12
specialized provider owned by a church or religious organization, which may give13
preference in hiring or admission to members of the church or denomination.14
(ii) The rights of religious sectarian child-placing agencies to consider creed15
in any decision or action relating to foster care or adoption.16
(f) Require residential home and maternity home providers to have a17
written description of admission policies and criteria which expresses the needs,18
problems, situations, or patterns best addressed by its program. These policies shall19
be available to the person legally responsible for any child referred for placement.20
(g) Include procedures by which parents and guardians are given an21
opportunity for consultation and information about the educational and therapeutic22
programs for the child in attendance.23
(h) Include regulations and standards for nighttime care.24
(i) Include procedures for the receipt, recordation, and disposition of25
complaints.26
(j) Include procedures for the return of a child to his parent. Arrangements27
for the child's return to his parent shall not include third parties or other child care28
agencies unless written agreement between the child care agency and the parent is29
on file with the child care agency.30
(k) Include procedures that allow an early childhood learning center to31 SB NO. 524	ENROLLED
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remedy certain deficiencies immediately upon identification by the department in an1
onsite inspection, provided that any deficiency that may be remedied in such manner2
does not constitute a critical violation of licensing standards as determined by the3
department.4
(2)(a) Any entity specialized provider approved by the department shall be5
required to have all of the following:6
(i)(a) Approval from the Department of Public Safety and Corrections, office7
of the state fire marshal, code enforcement and building safety.8
(ii)(b) Approval from the Department of Health and Hospitals, office of9
public health.10
(b) Type III early childhood learning centers shall adhere to the performance11
and academic standards of the Early Childhood Care and Education Network12
regarding kindergarten readiness as determined by the State Board of Elementary13
and Secondary Education. The Department of Education shall base its approval upon14
the uniform accountability system.15
(3) No facility residential home provider holding a Type I license shall16
receive any state or federal funds, from any source, whether directly or indirectly.17
If a facility residential home provider holding a Type I license receives any state18
or federal funds, its license shall be automatically revoked.19
(4) No facility holding a Type II license shall receive any state or federal20
funds, from any source, whether directly or indirectly, other than those received21
solely for food and nutrition. If a facility holding a Type II license receives any state22
or federal funds, whether directly or indirectly, other than those received solely for23
food and nutrition, its license shall be automatically revoked.24
C. The department shall prepare standard forms for applications and for25
inspection reports.26
D. A comprehensive review of all standards, rules, and regulations for all27
licenses shall be made at least every three years by the department.28
E. The secretary of the department, in specific instances, may waive29
compliance with a minimum standard upon determination that the economic impact30
is sufficiently great to make compliance impractical, as long as the health and well-31 SB NO. 524	ENROLLED
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being of the staff or children is not imperiled. If it is determined that the facility1
specialized provider or agency is meeting or exceeding the intent of a standard or2
regulation, the standard or regulation may be deemed to be met.3
F. Discrimination by child care facilities specialized providers and child-4
placing agencies on the basis of race, color, creed, sex, national origin, disability as5
defined by R.S. 51:2232(11), ancestry, or whether the child is being breastfed is6
prohibited. However, this shall not restrict the hiring or admission policies of a7
church or religious organization, which may give preference in hiring or admission8
to members of the church or denomination.9
G. The department shall not regulate or attempt to regulate or control the10
religious or spiritual content of the curriculum of a school or facility specialized11
provider sponsored by a church or religious organization.12
H. Nothing in the rules, regulations, and standards adopted pursuant to this13
Section shall authorize or require medical examination, immunization, or treatment14
of any child whose parents object to such examination, immunization, or treatment15
on religious grounds.16
I. Each residential home and maternity home facility shall have a written17
discipline policy, which shall be made available to parents and to authorized18
inspection personnel upon request.19
*          *          *20
§1414.1.  Disclosure requirements; penalties21
A. Any owner, operator, current or prospective employee, or volunteer of a22
child care facility specialized provider licensed by the Department of Children and23
Family Services shall report annually and at any time upon the request of the24
department on the state central registry disclosure form promulgated by the25
department whether or not his name is currently recorded on the state central registry26
for a justified finding of abuse or neglect and he is the named perpetrator.27
B. Any such current or prospective employee or volunteer of a 	child care28
facility specialized provider licensed by the department shall submit the state29
central registry disclosure form to the owner or operator of the facility specialized30
provider, who shall maintain the documents in accordance with current department31 SB NO. 524	ENROLLED
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licensing requirements. Any state central registry disclosure form that is maintained1
in a child care facility by a specialized provider licensing file shall be confidential2
and subject to the confidentiality provisions of R.S. 46:56(F) pertaining to the3
investigations of abuse and neglect.4
C. Any owner, operator, current or prospective employee, or volunteer of a5
child care facility specialized provider licensed by the department who knowingly6
falsifies the information on the state central registry disclosure form shall be guilty7
of a misdemeanor offense and shall be fined not more than five hundred dollars, or8
imprisoned for not more than six months, or both.9
D. Any owner, operator, current or prospective employee, or volunteer of a10
child care facility specialized provider licensed by the department who discloses11
that he is currently recorded on the state central registry for a justified finding of12
abuse or neglect shall be entitled to a risk assessment evaluation provided by the13
department to determine that the individual does not pose a risk to children. Any14
such individual who is determined to pose a risk to children shall have the right to15
file an appeal in accordance with R.S. 49:992 of the Administrative Procedure Act.16
Any such determination by the risk evaluation panel shall be kept on file at all times17
by the department.18
E. The department shall promulgate rules and regulations to implement this19
Section. The rules and regulations shall include but not be limited to establishing20
criteria for risk evaluation requests, the composition of the risk evaluation panel, and21
establishing criteria for risk evaluation determinations.22
§1415.  Facilities and agencies subject to regulation; exemptions23
A. All early childhood learning centers and specialized providers shall be24
subject to the provisions of this Chapter. However, private or public day schools25
serving children in grades one and above, including any kindergartens or26
prekindergarten programs attached thereto, as well as camps, and all care given27
without charge, shall be exempt from such provisions.28
B. Nothing in this Chapter shall apply to facilities licensed by the Department29
of Health and Hospitals or the Department of Education.30
*          *          *31 SB NO. 524	ENROLLED
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§1417.  Inspections1
It shall be the duty of the department, through its duly authorized agents, to2
inspect at regular intervals not to exceed one year, or as deemed necessary by the3
department, and without previous notice all child care facilities and child-placing4
agencies specialized providers subject to the provisions of this Chapter. The5
department shall also develop and facilitate coordination with and among other6
authorized agencies making inspections at regular intervals. The facility A7
specialized provider shall be open to inspection only during working hours by8
parents or legal guardians of children in care and by authorized inspection personnel.9
§1418.  Complaints10
A. It shall be the duty of the department, through its duly authorized agents,11
to investigate all complaints, (except complaints concerning the prevention or spread12
of communicable diseases), including complaints alleging child abuse, against any13
child care facility or child-placing agency specialized provider as defined in this14
Chapter. The department may take such action as is authorized by this Chapter. Any15
complaint received concerning the prevention or spread of communicable diseases16
shall be immediately referred to the state health officer through the nearest parish17
health unit for investigation and disposition.18
*          *          *19
§1419.  Revocation or refusal to renew license; written notice20
The department shall have the power to deny, revoke, or refuse to renew a21
license for a child care facility or specialized provider if an applicant has failed to22
comply with the provisions of this Chapter or any applicable, published rule or23
regulation of the department relating to child care facilities and specialized24
providers. If a license is denied, revoked, or withdrawn, the action shall be effective25
when made and the department shall notify the applicant, licensee, or specialized26
provider of such action in writing immediately and of the reason for the denial,27
revocation, or withdrawal of the license.28
§1420.  Refusal or revocation of license; appeal procedure29
A. Upon the refusal of the department to grant a license or upon the30
revocation of a license, the agency, institution, society, corporation, person or31 SB NO. 524	ENROLLED
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persons, or other group having been refused a license or having had a license1
revoked shall have the right to appeal such action by submitting a written request to2
the secretary of the department within thirty days after receipt of the notification in3
the case of the refusal of the license or, in the case of revocation, within fifteen4
calendar days after receipt of the notification of the revocation. The appeal hearings5
shall be held no later than thirty days after the request therefor, except as provided6
in the Administrative Procedure Act, and shall be conducted in accordance with7
applicable regulations of the department and the provisions of R.S. 46:107. This8
provision shall in no way preclude the right of the party to seek relief through9
mandamus suit against the department, as provided by law.10
*          *          *11
§1421.  Operating without or in violation of license; penalty12
Whoever operates any child care facility or as a specialized provider, as13
defined in R.S. 46:1403, without a valid license issued by the department shall be14
fined not less than one thousand dollars per day for each day of such offense.15
§1422.  Operating without or in violation of license; injunctive relief16
If any child care facility or specialized provider operates without a valid17
license issued by the department, the department may file suit in the district court in18
the parish in which the facility specialized provider is located for injunctive relief,19
including a temporary restraining order, to restrain the institution, society, agency,20
corporation, person or persons, or any other group operating the facility specialized21
provider or agency from continuing the violation. The state health officer shall have22
exclusive authority over all matters involving the prevention or spread of23
communicable diseases within a child care facility or specialized provider.24
§1423.  Removal of individuals from facility25
The department shall remove any child or all children from any 	facility or26
agency specialized provider when it is determined that one or more violations exist27
within the facility specialized provider or agency which places the health and well-28
being of the child or children in imminent danger; provided, however, that a29
contradictory hearing shall be held within seven days thereafter by the district court30
of the district to determine whether the action was justified and whether and how31 SB NO. 524	ENROLLED
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long it shall continue.1
*          *          *2
§1427.  Parent-child relationship3
The Department of Children and Family Services shall not interfere with the4
parent-child relationship regarding the religious training of a child, where all of the5
following conditions are met:6
(1) The parent or legal guardian has enrolled their child in a child care facility7
specialized provider, including but not limited to a child residential facility,8
operated by a religious, nonprofit organization which is exempt from federal income9
taxes pursuant to 26 U.S.C. 501(c)(3).10
(2) Where, as a condition of enrollment, the child is required to attend11
religious services or classes and the parent or guardian of the child agrees to such12
condition.13
§1428.  Immunization information; influenza14
A. Each licensed child care facility specialized provider or child-placing15
agency, 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 annually if22
new information on such disease is available.23
B.(1) The Department of Health and Hospitals shall develop and provide24
information on influenza immunization to the Department of Children and Family25
Services. The Department of Children and Family Services shall provide such26
information to each licensed child care facility specialized provider or child-27
placing agency, which shall make the information available to each child's parent28
or legal guardian pursuant to Subsection A of this Section.29
(2) The Department of Health and Hospitals and the Department of Children30
and Family Services shall determine respectively the most cost-effective and31 SB NO. 524	ENROLLED
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efficient means of distributing such information.1
C. The Department of Children and Family Services, in consultation with the2
Department of Health and Hospitals, shall establish by rules and regulations all3
guidelines and procedures for carrying out the provisions of this Section in4
accordance with the Administrative Procedure Act.5
D. Nothing in this Section shall be construed to require any 	licensed child6
care facility specialized provider or child-placing agency, the Department of7
Children and Family Services, or the Department of Health and Hospitals to provide8
or pay for immunizations against influenza.9
*          *          *10
§1430.  Operating in violation of regulations; penalties and fines11
A.(1) For violations related to supervision, criminal history record checks,12
the state central registry disclosure process, staff-to-child ratios, motor vehicle13
checks, or failure to report critical incidents, the Department of Children and Family14
Services may issue a written warning that includes a corrective action plan, in lieu15
of revocation, upon any person or 	entity specialized provider violating these16
requirements if such condition or occurrence does not pose an imminent threat to the17
health, safety, rights, or welfare of a child. Failure to implement a corrective action18
plan issued pursuant to this Section may result in either the assessment of a civil fine19
or license revocation or may result in both actions being taken by the department.20
Such civil fine shall not exceed two hundred fifty dollars per day for each21
assessment; however, the aggregate fines assessed for violations determined in any22
consecutive twelve-month period shall not exceed two thousand dollars.23
(2) The department shall adopt rules in accordance with the Administrative24
Procedure Act which articulate factors in determining the type of sanction imposed25
including the severity of risk, the actual harm and mitigating circumstances, the26
failure to implement a written corrective action plan, the history of noncompliance,27
an explanation of the treatment of continuing and repeat deficiencies, evidence of a28
good faith effort to comply, and any other relevant factors. The department shall29
develop and adopt rules and regulations required by this Paragraph with input and30
guidance from the Louisiana Advisory Council on Child Care and Early Education.31 SB NO. 524	ENROLLED
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The authority to impose sanctions pursuant to this Section shall commence on the1
effective date of the rules promulgated pursuant to this Section.2
B. The department shall adopt rules and regulations in accordance with the3
Administrative Procedure Act to provide for notice to the child care facility4
specialized provider or child-placing agency of any violation, for a departmental5
reconsideration process for sanctions issued, and for an appeal procedure including6
judicial review. Such appeal shall be suspensive. All appeals pursuant to this7
Subsection shall be heard by the division of administrative law pursuant to Chapter8
13-B of Title 49 of the Louisiana Revised Statutes of 1950. The division shall furnish9
to the facility or agency a copy of the decision, together with notice of the manner10
for requesting judicial review. During the pendency of an appeal, a child care facility11
specialized provider or child-placing agency may continue to receive funding for12
services provided to those eligible children as determined by the department.13
C. The department may institute any necessary civil court action to collect14
fines imposed and not timely appealed. No child care facility specialized provider15
or child-placing agency shall claim imposed fines as reimbursable. Interest shall16
begin to accrue at the current judicial rate on the day following the date on which any17
fines become due and payable. All costs of any successful action to collect such18
fines, including travel expenses and reasonable attorney fees, shall be awarded to the19
department in addition to the fines.20
D.(1) Civil fines collected pursuant to the provisions of this Section shall be21
deposited immediately into the state treasury.22
(2) After compliance with the requirements of Article VII, Section 9(B) of23
the Constitution of Louisiana relative to the Bond Security and Redemption Fund,24
and prior to the monies being placed in the state general fund, an amount equal to the25
amount deposited as provided in Paragraph (1) of this Subsection shall be credited26
to a special fund hereby created in the state treasury to be known as the "Child Care27
Specialized Provider Licensing Trust Fund", hereinafter referred to as "the fund".28
The monies in the fund shall be subject to annual appropriation and shall be available29
exclusively for use by the Department of Children and Family Services for the30
education and training of employees, staff, or other personnel of child care facilities31 SB NO. 524	ENROLLED
Page 46 of 46
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
specialized provider and child-placing agencies.1
(3) The monies in the fund shall be invested by the treasurer in the same2
manner as the monies in the state general fund, and all interest earned from the3
investment of monies in the fund shall be deposited in and remain to the credit of the4
fund. All unexpended and unencumbered monies remaining in the fund at the end of5
the fiscal year shall remain in the fund.6
Section 6.  R.S. 46:1414, 1426, and 1429 are hereby repealed in their entirety.7
Section 7. Chapter 14-B of Title 46 of the Louisiana Revised Statutes of 1950,8
comprised of R.S. 46:1441 through 1441.14, and Chapter 14-E of Title 46 of the Louisiana9
Revised Statutes of 1950, comprised of R.S. 46:1445 through 1448 are hereby repealed in10
their entirety.11
Section 8. Sections 1, 2, 4, 5, and 6 of this Act shall become effective on October12
1, 2014.  Sections 3 and 7 of this Act shall become effective on February 1, 2015.13
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: