The legislative instrument and the following digest, which constitutes no part of
the legislative instrument, were prepared by Alan Miller.
CONFERENCE COMMI TTEE REPORT DIGEST
Senate Bill No. 524 by Senator Walsworth
Keyword and summary of the bill as proposed by the Conference Committee
EARLY CHILDHOOD. Provides for transfer of the lead agency for the Child Care and
Development Fund Block Grant and the transfer of oversight and administration of licensing and
regulation of early learning centers from the Department of Children and Family Services to the
Department of Education. (See Act)
Report adopts House amendments to:
1. Adds repeal of provisions of law providing for child care registration, known as
the Child Care Registration Law.
2. Removes requirement that the cooperative endeavor agreement entered into by the
Dept. of Children and Family Services and the Dept. of Education to transfer lead
agency authority be subject to the review and approval of the Jt. Legislative
Committee on the Budget and instead provides that it be submitted to the
committee.
3. Changes the definition of "Head Start and Early Head Start Programs".
4. Provides that the two representatives of Head Start Programs on the advisory
council be selected by the state superintendent from a list of three persons
nominated by the La. Head Start Assoc.
5. Relative to the adoption of emergency rules by BESE regarding early learning
centers and specified programs and grants, requires the Dept. of Education to
notify the advisory council of meetings of BESE at which emergency rules
pertaining to public funded early care and education programs and specified
programs and grants will be considered and to include a draft of the proposed
emergency rule in the notification.
Report amends the bill to:
1. Adds provision that the cooperative endeavor agreement entered into by the Dept.
of Children and Family Services and the Dept. of Education to transfer lead agency authority be submitted to the Jt. Legislative Committee on the Budget for
review.
Digest of the bill as proposed by the Conference Committee
Proposed law (R.S.17:407.26) provides that upon transfer of lead agency authority from the state
Department of Children and Family Services (DCFS), the Department of Education (DOE) is
authorized to accept and direct the disbursement of funds appropriated by any act of Congress
and apportioned to the state for use in connection with any Child Care and Development Fund
programs.
Proposed law provides that prior to the transfer of lead agency authority, the DCFS shall seek
input and approval from DOE in the development of the Child Care and Development Fund state
plan or any amendment to such plan, prior to its submittal to the federal Department of Health
and Human Services. Requires that prior to the transfer of lead agency authority, the DCFS and
DOE shall enter into a cooperative endeavor agreement to insure a coordinated and seamless
transition that is cost neutral to the state.
Proposed law requires the cooperative endeavor agreement to ensure the transfer of funds from
the DOE to the DCFS in an amount sufficient to fully fund the indirect costs of the DCFS which
were previously funded by the Child Care Development Fund, until such time as another funding
source is identified by DCFS to pay for those indirect costs. The cooperative endeavor
agreement may also allow services to be purchased by DOE including but not limited to fulfilling
grant requirements, data reporting, and services to clients.
Proposed law provides that lead agency authority shall transfer no later than July 1, 2015, and
that such date shall be established in the cooperative endeavor agreement. Provides that the
cooperative endeavor agreement shall be submitted to the Joint Legislative Committee on the
Budget for review.
Proposed law requires DOE to deposit all such funds received from the federal government with
the state treasurer who shall, subject to legislative appropriation, make disbursements upon the
recommendation of DOE.
Proposed law requires BESE to promulgate rules and regulations to implement the Child Care
and Development Fund State Plan, and requires DOE to develop and implement the state plan in
accordance with such rules and regulations.
Proposed law (R.S. 17:407.34) requires all early learning centers to be licensed as a Type I, II or
III by DOE.
Proposed law (R.S. 17:407.35) exempts public and non-public day schools serving children in
grades kindergarten and above, including any prekindergarten programs attached thereto, as well
as camps, and care given without charge, from the provisions of proposed law. Further exempts recognized religious organizations that are qualified as a tax-exempt organization under Section
501(c) of the IRS Code, if it remains open for not more than 24 hours in a continuous seven-day
week, and in which no individual child remains for more than 24 hours in one continuous stay.
Also, proposed law shall not apply to children in programs licensed or operated by the
Department of Health and Hospitals(DHH) or the Department of Children and Family Services
(DCFS).
Proposed law (R.S. 17:407.36) provides for certain types of licences, including:
(1)A "Type I license" is the type of license issued to an early learning center that is owned or
operated by a church or religious organization and that receives no state or federal funds
from any source, whether directly or indirectly. A Type I license is also the type of
license issued to an early learning center holding a "Class B" license prior to the effective
date of proposed law.
(a)No early learning center holding a Type I license shall receive any state or federal
funds, from any source, whether directly or indirectly.
(b)If an early learning center holding a Type I license receives any state or federal
funds, its license shall be automatically revoked.
(2)A "Type II license" is the type of license issued to an early learning center that either
receives no state or federal funds from any source, whether directly or indirectly, or
whose only source of state or federal funds is from the United States Department of
Agriculture's food and nutrition programs, hereinafter referred to in this Part as "federal
food and nutrition programs".
(a)No early learning center holding a Type II license shall receive any state or federal
funds, from any source, whether directly or indirectly, other than those funds
received solely for federal food and nutrition programs.
(b)If an early learning center holding a Type II license receives any state or federal
funds, whether directly or indirectly, other than those received solely for federal
food and nutrition programs, its license shall be automatically revoked.
(3)A "Type III license" is the type of license issued to any early learning center which
receives state or federal funds, directly or indirectly, from any source other than the
federal food and nutrition programs. Type III early learning centers shall meet the
performance and academic standards of the Early Childhood Care and Education
Network regarding kindergarten readiness as determined by the State Board of
Elementary and Secondary Education.
Proposed law does not prevent an early learning center otherwise qualified for a Type I license to
voluntarily seek a Type II or Type III license, or an early learning center otherwise qualified for a
Type II license to voluntarily seek a Type III license, provided that such early learning center
meets the standards set forth for such license.
Proposed law (R.S. 17:407.37) provides for penalties for whoever operates any early learning
center without a valid license issued by DOE in the amount of not less than $1,000 for each day of such offense. Further, if any early learning center operates without a valid license issued by
DOE, DOE is authorized to file suit in the district court in the parish in which the center is
located for injunctive relief, including a temporary restraining order, to restrain the institution,
agency, corporation, person or persons, or any other group operating the center from continuing
the violation.
Proposed law (R.S. 17:407.38) provides that until such time as rules are promulgated by BESE to
implement the types of licenses required by proposed law, early learning centers shall continue to
follow the rules, regulations, and standards in effect for Class A and Class B licensure of child
care facilities found in La. Admin. Code. Further provides that administrative rules promulgated
by DCFS will remain in effect until BESE has promulgated its own rules.
Proposed law provides that upon promulgation by BESE of rules to implement the three types of
licenses:
(1)All existing early learning centers possessing a Class B license shall be issued a Type I
license as provided by rule, unless the center meets the definition of a Type II license, in
which case it shall be issued a Type II license as provided by rule.
(2)All existing early learning centers possessing a Class A license that meet the definition of
a Type II license shall be issued a Type II license as provided by rule.
(3)All existing early learning centers possessing a Class A license that meets the definition
of a Type III license shall be issued a Type III license as provided by rule.
Proposed law requires that any early learning center that intends to change its license type at any
time during the following calendar year to apply for a new license no later than December first of
the preceding year. Such requirements shall not apply to early learning centers changing location
or ownership that are required to apply for a new license.
Proposed law requires DOE to maintain on its website all information required by state and
federal funding sources, including program statistics for the Child Care Assistance Program.
Proposed law (R.S. 17:407.39) requires that an application for licensure of a new early learning
center be made by the center to the DOE using forms furnished by DOE. Upon receipt of an
application for a license and verification that minimum requirements for such license as
established by rule are satisfied, and upon verifying that the center is in compliance with all
applicable state and local laws and regulations, DOE shall issue a Type I, Type II, or Type III
license for such period as may be provided for by rule. Further authorizes BESE to provide by
rule for the issuance of temporary, provisional, or extended licenses for each license type if a
disapproval has not been received from any state or local agency authorized by any laws or rules
to inspect or approve such centers.
Proposed law requires that a license of any type shall apply only to the location stated on the
application, and such license shall not be transferable. If the location or ownership of the center is changed, then the license shall be automatically revoked. Further requires that the license be
displayed in a prominent place at the center.
Proposed law sets an annual license fee for each type of early learning center in an amount equal
to the annual license fee in effect for all Class A and Class B child care facilities possessing such
license upon the effective date of proposed law, without an increase in the amount of such fees.
Proposed law provides for an annual license fee of:
(1)$25 for any license issued to an early learning center providing care for 15 or fewer
children;
(2)$100 for any license issued to an early learning center providing care for at least 16 but no
more than 50 children;
(3)$175 for any license issued to an early learning center providing care for at least 51 but no
more than 100 children; and
(4)$250 for any license issued to an early learning center providing care for more than 100
children.
Further provides that the annual licensure fees provided in this proposed law shall not apply to
Type I early learning centers. Further provides that the annual fees for any type or category of
license shall not be increased unless expressly authorized by statute.
Proposed law (R.S. 17:407.40) requires BESE to promulgate regulations for each type of license
which, at a minimum, shall accomplish all of the following:
(1)Promote the health, safety, and welfare of children attending any early learning center.
(2)Promote safe and proper physical facilities at all early learning centers.
(3)Ensure adequate supervision of those attending early learning centers.
(4)Ensure adequate and healthy food service in early learning centers where food is offered.
(5)Prohibit discrimination on the basis of race, color, creed, sex, national origin, handicap,
ancestry, or whether the child is being breastfed, provided that this shall not be construed
to affect, limit, or otherwise restrict the hiring or admission policies of an early learning
center owned by a church or religious organization, or prohibit such a center from giving
preference in hiring or admission to members of the church or denomination.
(6)Include procedures for the receipt, recordation, and disposition of complaints.
Proposed law requires that every early learning center approved for licensure by DOE be required to have approval from the Office of State Fire Marshal (OSFM) and DHH.
Proposed law requires that each Type III early learning center obtain approval from DOE of
adherence to the performance and academic standards of the Early Childhood Care and
Education Network regarding kindergarten readiness as determined by BESE. DOE shall base its
approval upon the uniform accountability system as promulgated by BESE. Further requires that
BESE conduct a comprehensive review of all standards, rules, and regulations for all licenses
every three years. Provides that BESE, upon request by DOE, may waive compliance with a
licensing minimum standard upon determination that the economic impact is sufficiently great to
make compliance impractical, as long as the health and well-being of the staff or children is not
imperiled. If it is determined that the early learning center is meeting or exceeding the intent of a
standard or regulation, the standard or regulation may be deemed to be met.
Proposed law (R.S. 17:407.41) prohibits any individual whose name is recorded on the state
central registry within DCFS, as a perpetrator for a justified finding of abuse or neglect of a child
from owning or operating a licensed early learning center or be hired by a licensed early learning
center as an employee or volunteer of any kind, including any therapeutic professionals,
extracurricular personnel, and other independent contractors, unless there is a finding by DCFS
that the individual does not pose a risk to children.
Proposed law further requires that the owner, operator, current or prospective employee, or
volunteer of a licensed early learning center report annually, and at any time upon the request of
DOE, on the state central registry disclosure form promulgated by DCFS, whether or not his
name is currently recorded on the state central registry for a justified finding of abuse or neglect
and he is the named perpetrator. Further requires any such current or prospective employee or
volunteer of a licensed early learning center to submit the state central registry disclosure form to
the owner or operator of the facility, who maintains the documents in accordance with current
licensing requirements. Any state central registry disclosure form that is maintained in an early
learning center licensing file shall be confidential and subject to the confidentiality provisions of
present law pertaining to the investigations of abuse and neglect.
Proposed law further requires any owner, operator, current or prospective employee, or volunteer
of a licensed early learning center who knowingly falsifies the information on the state central
registry disclosure form shall be guilty of a misdemeanor offense and be fined not more than
$500, or imprisoned for not more than six months, or both. Further, if any owner, operator,
current or prospective employee, or volunteer of a licensed early learning center who discloses
that he is currently recorded on the state central registry for a justified finding of abuse or neglect
shall be entitled to a risk assessment evaluation provided by DCFS to determine whether the
individual poses a risk to children. Any such individual who is determined to pose a risk to
children shall have the right to file an appeal in accordance with the APA. Any such
determination shall be kept on file at all times by DCFS.
Proposed law (R.S. 17:407.42) prohibits any person who has been convicted of or has pled nolo
contendere to certain crimes including sex crimes and crimes against children from directly or
indirectly owning, operating, or participating in the governance of an early learning center, or being hired by any early learning center as a volunteer or employee of any kind, including any
therapeutic professionals, extracurricular personnel, and other independent contractors, or being
hired by DOE in a position whose duties include the performance of licensing inspections in
early learning centers.
Proposed law requires BESE to establish by regulation, requirements and procedures consistent
with the provisions of present law under which:
(1)The owner or operator of an early learning center may request information concerning
whether or not any owner or volunteer, applicant, or employee of any kind including
contractors, of an early learning center has been arrested for or convicted of or pled nolo
contendere to any criminal offense.
(2)DOE may request information concerning whether or not an applicant or employee of the
department in a position whose duties include the performance of licensing inspections
has been arrested for or convicted of or pled nolo contendere to any criminal offense.
Proposed law further requires that the regulation include the requirement and the procedure for
the submission of a person's fingerprints in a form acceptable to the Louisiana Bureau of
Criminal Identification and Information (LBCII) prior to employment. A person who has
submitted his fingerprints to LBCII may be temporarily hired pending the report from LBCII as
to any convictions of or pleas of nolo contendere by the person to certain crimes including sex
crimes and crimes against children.
Proposed law (R.S. 17:407.43) requires DOE, through its duly authorized agents, to inspect at
regular intervals not to exceed one year, and as deemed necessary by DOE, and without previous
notice, all early learning centers subject to the provisions of proposed law. Further requires DOE
to develop and facilitate coordination with and among other authorized agencies making
inspections at regular intervals. Requires the early learning centers to be open to inspection by
authorized inspection personnel and by parents or legal custodians of children in care only during
working hours.
Proposed law (R.S. 17:407.44) authorizes DOE to deny, revoke, or refuse to renew a license for
an early learning center if an applicant has failed to comply with the provisions of proposed law
or any applicable published rule or regulation of BESE relating to early learning centers. If a
license is denied or revoked, or renewal is refused, the action shall be effective when made, and
DOE shall notify the applicant or licensee of such action in writing immediately, and of the
reason for the denial or revocation, or refusal to renew the license.
Proposed law (R.S. 17:407.45) provides for the right to appeal such action to the division of
administrative law. However, this provision shall in no way preclude the right of the party to
seek relief through mandamus suit against the department, as provided by law.
Proposed law further provides that DOE shall be entitled to seek judicial review from any final
decision or order rendered by the division of administrative law in any appeal hearing arising under proposed law. The venue of judicial review shall be the district court of the parish in
which the licensee is located.
Proposed law (R.S. 17:407.46) provides that for violations related to supervision, criminal
history record checks, the state central registry disclosure form, staff-to-child ratios, motor
vehicle checks, or failure to report critical incidents, DOE may issue a written warning that
includes a corrective action plan, in lieu of revocation, upon any person or entity violating these
requirements if such condition or occurrence does not pose an imminent threat to the health,
safety, rights, or welfare of a child. Failure to implement a corrective action plan issued pursuant
to proposed law may result in either the assessment of a civil fine or license revocation, or both.
Such civil fine shall not exceed $250 per day for each assessment; however, the aggregate fines
assessed for violations determined in any consecutive 12 month period shall not exceed $2,000.
Proposed law requires BESE to adopt rules in accordance with the APA, which articulate factors
in determining the type of sanction imposed including the severity of risk, the actual harm and
mitigating circumstances, the failure to implement a written corrective action plan, the history of
noncompliance, an explanation of the treatment of continuing and repeat deficiencies, evidence
of a good faith effort to comply, and any other relevant factors.
Further, BESE is required to adopt rules and regulations in accordance with the APA to provide
for notice to the early learning center of any violation, for a departmental reconsideration process
for sanctions issued, and for an appeal procedure including judicial review. Such appeal shall be
suspensive. Requires all appeals to be heard by the division of administrative law. During the
pendency of an appeal, an early learning center may continue to receive funding for services
provided to those eligible children as determined by DOE.
Proposed law authorizes DOE to institute any necessary civil court action to collect fines
imposed and not timely appealed. All costs of any successful action to collect such fines shall be
awarded to DOE in addition to the fines.
Civil fines collected pursuant to proposed law are required to be deposited immediately into the
treasury. After compliance with constitutional requirements relative to the Bond Security and
Redemption Fund, and prior to the monies being placed in the state general fund, an amount
equal to the amount deposited as provided by proposed law shall be credited to a special fund
hereby created in the state treasury to be known as the "Early Learning Center Licensing Trust
Fund". The monies in the fund shall be subject to annual appropriation and shall be available
exclusively for use by the department for the education and training of employees, staff, or other
personnel of child care facilities and child-placing agencies.
Proposed law (R.S. 17:407.47) requires DOE to report all complaints, including but not limited
complaints alleging child abuse or the prevention or spread of communicable diseases against
any early learning center to the appropriate agencies for investigation and disposition.
Proposed law (R.S. 17:407.48) requires DOE make available, upon written request of a parent or
legal custodian of any child who has applied for placement in an early learning center licensed by the department, the following information relative to such early learning center:
(1)Any violations of standards, rules, or regulations in the prior twelve months.
(2)Any waivers of minimum standards authorized for such early learning center.
Proposed law (R.S. 17:407.49) prohibits BESE and DOE from interfering with the parent-child
relationship regarding the religious training of a child, where all of the following conditions are
met:
(1)The parent or legal custodian has enrolled their child in a child care facility, including but
not limited to a child residential facility, operated by a religious, nonprofit organization
that is exempt from federal income taxes pursuant to 26 U.S.C. 501(c)(3).
(2)Where, as a condition of enrollment, the child is required to attend religious services or
classes and the parent or legal custodian of the child agrees to such condition.
Proposed law (R.S. 17:407.50) requires each licensed early learning center, before November
first of each year, to make available to each child's parent or legal custodian information relative
to the risks associated with influenza and the availability, effectiveness, known contraindications
and possible side effects of the influenza immunization. Proposed law shall not be construed to
require any licensed early learning center, DOE, or the DHH to provide or pay for immunizations
against influenza.
Proposed law (R.S. 17:407.51) requires BESE to establish an Advisory Council on Early
Childhood Care and Education (ACECCE) that consists of the following members:
(1)Two representatives of Type III early learning centers, selected by the superintendent.
(2)One representative of a Type II early learning center, selected by the superintendent.
(3)One representative of a Type I early learning center, selected by the superintendent.
(4)Two representatives of Head Start programs, one of which shall be operated by a local
education agency and selected by BESE, and one of which shall be operated by a non-
local education agency and selected by the superintendent from a list of three persons
nominated by the La. Head Start Association.
(5)Two representatives of local education agencies operating publicly funded early
childhood programs other than Head Start, selected by BESE.
(6)Two representatives of Louisiana non-profit advocacy organizations having a focus on
early childhood education, selected by the superintendent.
(7)Two representatives of approved non-public schools with publicly funded early childhood
care and education programs, selected by BESE. (8)One professional or faculty member having child development or early childhood
education expertise from a Louisiana post-secondary education institution, selected by the
commissioner of higher education.
(9)The president of the Louisiana Chapter of the American Academy of Pediatrics, or his
designee.
(10)One representative of an advocacy or service organization that focuses on serving
children with disabilities, selected by the superintendent.
(11)One representative of a Louisiana business or community organization, selected by
BESE.
(12)One parent of a child currently enrolled in a publicly funded early learning center or
prekindergarten program, selected by BESE.
Further provides that the ACECCE include non-voting ex-officio members who may advise and
contribute to discussions pertaining to early childhood care and education, including but not
limited to the following:
(1)The chairmen of the House and Senate committees on Education, the House and Senate
committees on Health and Welfare, or their designee.
(2)The secretary of the DCFS or his designee.
(3)The state director of the Head Start Collaboration.
(4)A representative of the state agency responsible for programs under Section 619 or Part C
of the Individuals with Disabilities Education Act.
(5)The director of the Maternal Child Health Program at DHH.
(6)The director of the Child and Adult Care Food Program at DOE.
(7)The Louisiana State Fire Marshal or his designee.
(8)A representative from the Office of Sanitarian Services at DHH.
(9)A representative from the Louisiana Workforce Commission.
(10)A representative from the Louisiana State Police Bureau of Criminal Identification.
The ACECCE shall provide input and guidance to BESE and DOE on matters pertaining to the
development and implementation of rules, regulations, bulletins, policies or standards related to
all publicly funded early care and education programs, including early learning centers,
enrollment in early learning centers, the Cecil J. Picard LA4 Early Childhood Program, the Child
Care Development Fund Block Grant or the Child Care Assistance Program, Early Head Start
and Head Start.
Prior to its submission to the United States Department of Health and Human Services, DOE is
required to consult and provide a draft of the state plan for the Child Care and Development
Fund and its budget, and any amendments to the state plan including budget revisions, and
provide an opportunity for ACECCE to make recommendations to BESE.
Prior to the BESE’s consideration of any rule or standard related to early learning centers, enrollment in early learning centers, the Cecil J. Picard LA4 Early Childhood Program, the Child
Care and Development Fund Block Grant or the Child Care Assistance Program, DOE is
required to consult with and provide a draft of the proposed rules to the council, and provide an
opportunity for the council to make recommendations. Recommendations made by the council
shall be reported to the state board prior to their adoption. Provides that such shall not apply to
the adoption of emergency rules; however requires DOE to notify the advisory council of
meetings of BESE at which emergency rules pertaining to public funded early care and education
programs and specified programs and grants will be considered and to include a draft of the
proposed emergency rule in the notification.
Requires DOE to provide the ACECCE with reports not less than annually of the following
activities, provided that data is available, pursuant to a schedule agreed upon by the chair and the
superintendent:
(1)A description of each publicly funded early care and education program, including the
eligibility criteria, the program requirements, average number of hours and days of the
program, and the amount of total funding and source of funding for each program. The
description shall also include a specific description of the fee structure for the Child Care
Assistance Program.
(2)The number of children served in each publicly funded early childhood care and
education program in Louisiana, broken down by the age of the child and amount of
public funding per child per program.
(3)The number of early learning centers by each licensing type and at each quality level as
determined by the accountability system then in place, and the number of children served
at each age in each type at each quality level.
(4)Description of the training and support provided to each program and the amount of
funding for this by program and source of funds.
(5)Description of unmet family demand for early care and education in Louisiana.
(6)Description of the goals for the upcoming fiscal year for early care and education in
Louisiana, including outcome indicators that will be used to measure progress, and a
description of the progress made in achieving the previous year’s goals.
(7)Description and results of any evaluations of the early care and education programs in the
state.
(8)Description of the early care and education workforce, including an analysis of the status
of the current early care and education workforce, including demographics, certifications
and education levels, participation and level on any professional development ladder, and
the participation in any teacher tax credits. The description shall also include information
about salaries and benefits, and a comparison of these to similarly qualified employees in other but related fields, and an analysis of the workforce capacity necessary to meet the
state’s early care and education needs.
Requires DOE to coordinate with the OSFM and the DHH to align standards for licensing of
early learning centers with the standards for early childhood education programs.
Proposed law (R.S. 17:407.53) requires BESE to promulgate rules and regulations in accordance
with the provisions of the APA to carry out the provisions of proposed law.
Proposed law (R.S. 17:407.63) requires all family child day care homes serving six or fewer
children that receive state or federal funds, directly or indirectly, shall be registered.
Proposed law (R.S. 17:407.65) authorizes DOE to visit and inspect registered family child day
care homes as deemed necessary.
Proposed law (R.S. 17:407.66) authorizes the OSFM to charge each family child day care home
applying for registration or renewal of registration an annual fee for services. The fee of $30
shall be charged to cover the cost of inspection for family child day care homes. OSFM shall
transfer sufficient funds to DHH or DOE for those family child day care homes that receive state
or federal funds but do not participate in the federal Child and Adult Care Food Program to carry
out the registration process.
Proposed law (R.S. 17:407.67) DHH or DOE is authorized to deny, revoke, or refuse to renew a
registration of a registered family child day care home if an applicant has failed to comply with
the provisions of proposed law.
Proposed law (R.S. 17:407.68) provides for appellate procedure for the family child day care
home after DHH or DOE's refusal to grant or renew a registration or upon the revocation of a
registration, with the right to appeal such action to the division of administrative law by
submitting a written request for an appeal to the department within 30 calendar days after receipt
of the notification of the refusal or revocation.
Proposed law (R.S. 17:407.69) provides for fines of not less than $25 nor more than $100 for
each day of operation without a valid registration issued by DOE.
Proposed law (R.S. 17:407.70) requires DOE to notify the appropriate agencies if it is determined
that one or more violations exist within a family child day care home which place the health and
well-being of a child or children in imminent danger.
Proposed law (R.S. 17:407.71) prohibits employment of persons convicted of certain crimes
against children or sex-related crimes. DOE may require a criminal background check.
Further, the primary child care provider of any family child day care home shall have
documented current certification in either Infant/Child CPR or Infant/Child/Adult CPR. Proposed law (R.S. 17:407.72) requires all family child day care home providers receiving
payments from DOE to participate in a four-hour orientation that includes at least the following
subjects: record keeping; immunization schedules and requirements; recognizing signs of child
abuse; child abuse prevention; communicating with parents; age appropriate activities for young
children; child development; child safety; and nutritional needs of children. The orientation will
count toward the required hours of professional development training mandated by DOE.
Present law (R.S. 46:1445-1448) requires training for child care workers.
Proposed law (R.S. 17:407.81-407.84) retains the intent of present law, but refers to workers
formerly known as child care workers as early learning staff.
Present law (R.S. 15:587.1(A)(1)(a)) provides that any employer or others responsible for the
actions of one or more persons who have been given or have applied to be considered for a
position of supervisory or disciplinary authority over children, DCFS, as employer of one or
more persons who have been given or have applied to be considered for a position whose duties
include the investigation of child abuse or neglect, supervisory or disciplinary authority over
children, direct care of a child, or performance of licensing surveys, shall request in writing that
the bureau supply information to ascertain whether that person or persons have been arrested for
or convicted of, or pled nolo contendere to, any criminal offense. The request must be on a form
prepared by the bureau and signed by a responsible officer or official of the organization or
department making the request. It must include a statement signed by the person about whom the
request is made which gives his permission for such information to be released.
Present law (R.S. 15:587.1(A)(1)(a)) is applicable to proposed law (R.S. 17:407.31-407.51).
Present law in "Child Care Facilities and Child Placing Agencies" in Chapter 14 of Title 46
provides for licensing and regulation of child care facilities, child placing agency, maternity
home, and residential homes by the Dept. of Children and Family Services (DCFS).
Present law in Chapter 14-B of Title 46 provides for child care registration, including definitions
and provisions for inspections and the promulgation of rules and fees, and is known as the Child
Care Registration Law.
Proposed law removes the provisions of present law relating to the licensing and regulation of
child care facilities that shall be provided by the Dept. of Education as provided in Part X-B and
Part X-C of Chapter 1 of Title 17 in proposed law. Proposed law repeals the provisions of
present law, known as the Child Care Registration Law (Chapter 14-B of Title 46).
Proposed law renames Chapter 14 as the "Specialized Provider Licensing Act" and generally
retains provisions of present law relating to licensing and regulation of "specialized providers" by
DCFS. Defines "specialized provider" as a child-placing agency, maternity home, or residential
home.
Proposed law repeals the La. Advisory Council on Child Care and Early Education. Provisions of proposed law pertaining to DOE's authority to receive federal funds for the Child
Care and Development Fund programs, licensing of early learning centers, certification of early
learning staff, the powers and duties of DCFS, and licensing specialized providers, are effective
October 1, 2014. Provisions of proposed law pertaining to family child day care home
registration, including repeals of related present law provisions, are effective on February 1,
2015.
(Amends R.S. 15:587.1(A)(1)(a), R.S. 36:474(A)(11), and 477(B)(1), R.S. 46:1401, 1402,
1402.1, 1403, 1404(A), 1405, 1406, 1407, 1414.1, 1415, 1417, 1418(A), 1419, 1420(A), 1421,
1422, 1423, 1427, 1428, and 1430; Adds R.S. 17:407.26, 407.31-407.53, 407.61-407.72, and
407.81-407.84; and Repeals R.S. 46:1414, 1426, 1429, 1441-1441.14, and 1445-1448)