HLS 15RS-1028 ENGROSSED
2015 Regular Session
HOUSE BILL NO. 734
BY REPRESENTATIVE SEABAUGH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CHILD DAY CARE: Provides with respect to registration and regulation of certain child
day care providers
1 AN ACT
2To amend and reenact R.S. 15:587.1(A)(1)(a) and (D)(2), the heading of Part X-C of
3 Chapter 1 of Title 17, R.S. 17:407.61, 407.62(4) through (6), and 407.63 through
4 407.72 and to enact R.S. 17:407.62(7), relative to regulation of certain child care
5 providers; to provide relative to definitions; to provide relative to registration,
6 criminal background checks, education, inspection, and regulation of such providers;
7 to provide relative to the powers and duties of the State Board of Elementary and
8 Secondary Education with respect to such providers; to provide relative to the
9 powers and duties of the state Department of Education with respect to such
10 providers; to provide with respect to the powers and duties of the State Fire Marshal
11 with respect to such providers; to provide relative to revocation and reinstatement
12 of registration for such providers; to provide relative to penalties, fees, and fines
13 assessed against such providers; to provide for an effective date; and to provide for
14 related matters.
15Be it enacted by the Legislature of Louisiana:
16 Section 1. R.S. 15:587.1(A)(1)(a) and (D)(2) are hereby amended and reenacted to
17read as follows:
18 §587.1. Provision of information to protect children
19 A.(1)(a) As provided in R.S. 15:825.3, R.S. 17:15, and 407.42, and 407.71,
20 Children's Code Article 424.1, and R.S. 46:51.2 and 1441.13, any employer or others
Page 1 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1028 ENGROSSED
HB NO. 734
1 responsible for the actions of one or more persons who have been given or have
2 applied to be considered for a position of supervisory or disciplinary authority over
3 children, and as provided in R.S. 46:51.2(A), the Department of Children and Family
4 Services as employer of one or more persons who have been given or have applied
5 to be considered for a position whose duties include the investigation of child abuse
6 or neglect, supervisory or disciplinary authority over children, direct care of a child,
7 or performance of licensing surveys, shall request in writing that the bureau supply
8 information to ascertain whether that person or persons have been arrested for or
9 convicted of, or pled nolo contendere to, any criminal offense. The request must be
10 on a form prepared by the bureau and signed by a responsible officer or official of
11 the organization or department making the request. It must include a statement
12 signed by the person about whom the request is made which gives his permission for
13 such information to be released.
14 * * *
15 D.
16 * * *
17 (2) The prohibition in Paragraph (1) of this Subsection against an individual
18 applicant bearing any of the costs of providing information shall not apply to
19 requests made pursuant to the provisions of R.S. 17:15 or 407.71 or R.S. 46:51.2.
20 * * *
21 Section 2. The heading of Part X-C of Chapter 1 of Title 17, R.S. 17:407.61,
22407.62(4) through (6), and 407.63 through 407.72 are hereby amended and reenacted and
23R.S. 17:407.62(7) is hereby enacted to read as follows:
24 PART X-C. Family Child Day Care Provider and In-Home Provider Registration Law
25 §407.61. Short title
26 This Part may be cited as the "Family Child Day Care Home Provider and In-
27 Home Child Care Provider Registration Law".
Page 2 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1028 ENGROSSED
HB NO. 734
1 §407.62. Definitions
2 As used in this Part, the following definitions shall apply unless the context
3 clearly states otherwise.
4 * * *
5 (4) "Department" means the Department of Health and Hospitals or the state
6 Department of Education, as indicated by the context.
7 (5) "Family child day care home provider" means any place, facility, or
8 home operated by any institution, society, agency, corporation, person or persons,
9 or any other group for the primary purpose of providing care, supervision, and
10 guidance of an individual who provides child care services for fewer than twenty-
11 four hours per day per child, as the sole caregiver, for six or fewer children, in a
12 private residence.
13 (6) "In-home provider" means an individual who provides child care services
14 in the child or children's own home.
15 (7) "Relative" or "related" means the child, grandchild, niece, or nephew of
16 the primary child care provider in of a family child day care home provider or in-
17 home provider.
18 §407.63. Requirement for registration; exemptions
19 A. All family child day care homes that providers and in-home providers
20 who either directly or indirectly receive state or federal funds, directly or indirectly,
21 related to the care provided shall be registered.
22 B. Family child day care homes that providers and in-home providers who
23 do not directly or indirectly receive state or federal funds, directly or indirectly,
24 related to the care provided and individuals who provide care for only related family
25 members, shall not be required to be registered.
26 C. All family child day care homes providers and in-home providers shall
27 be registered prior to directly or indirectly receiving any state or federal funds,
28 directly or indirectly related to the care provided.
Page 3 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1028 ENGROSSED
HB NO. 734
1 §407.64. Rules and regulations; inspection requirements
2 A. The Department of Health and Hospitals shall promulgate rules and
3 regulations in accordance with the Administrative Procedure Act to carry out the
4 provisions of this Part for all family child day care homes which receive state or
5 federal funds except those family child day care homes which participate in the
6 United States Child and Adult Care Food Program or the Child Care and
7 Development Fund.
8 B. The Department of Education State Board of Elementary and Secondary
9 Education shall promulgate rules and regulations in accordance with the
10 Administrative Procedure Act to carry out the provisions of this Part for those family
11 child day care homes that providers and in-home providers who participate in the
12 United States Child and Adult Care Food Program or the Child Care and
13 Development Fund.
14 C. B. A Each family child day care home provider and in-home provider
15 shall be inspected and approved by the office of state fire marshal in accordance with
16 the rules and regulations as established under Subsections A and B pursuant to
17 Subsection A of this Section, developed in consultation with the office of state fire
18 marshal.
19 §407.65. Inspections
20 The Department of Education department, through its duly authorized agents,
21 shall reserve the right to visit and inspect each registered family child day care
22 homes provider and in-home provider as deemed necessary by the department. All
23 Any residence or home in which care is provided by a registered family child day
24 care homes provider or in-home provider shall be open to inspection by the
25 department, parents of children in care, and by other authorized inspection personnel
26 during normal working hours or when children are in care.
27 §407.66. Fees
28 A.(1) The office of state fire marshal shall have the authority to charge each
29 family child day care home provider and in-home provider applying for registration
Page 4 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1028 ENGROSSED
HB NO. 734
1 or renewal of registration an annual fee for services. This fee shall be adopted in
2 accordance with the Administrative Procedure Act.
3 (2) A fee shall be charged to cover the cost of inspection for family child day
4 care homes providers and in-home providers regulated by the Department of State
5 Board of Elementary and Secondary Education in accordance to with R.S.
6 17:407.64(B)(A). The fee shall be set at thirty dollars per inspection and used for the
7 sole purpose of employing personnel to perform such inspections.
8 B. The office of state fire marshal shall transfer sufficient funds to the
9 Department of Health and Hospitals or the Department of Education department for
10 those family child day care homes which providers and in-home providers who
11 receive state or federal funds but do not participate in the United States Child and
12 Adult Care Food Program to carry out the registration process in accordance with
13 this Part.
14 §407.67. Revocation or refusal to renew registration; written notice
15 The authorized department shall have the authority to deny, revoke, or refuse
16 to renew a registration of a registered family child day care home provider or in-
17 home provider if an applicant has failed to comply with the provisions of this Part,
18 any applicable published rule or regulation relating to registered family child day
19 care homes providers or in-home providers, or any other state, federal, or local rule
20 or regulation. If a registration is denied, revoked, or withdrawn, the action shall be
21 effective when made and the family child day care home provider or in-home
22 provider shall be notified in writing. This notice shall give the reason for denial,
23 revocation, or withdrawal of the registration.
24 §407.68. Revocation or refusal of registration; appeal procedure
25 Upon the refusal of the department to grant or renew a registration or upon
26 the revocation of a registration, the family child day care home provider or in-home
27 provider having been refused a registration or renewal or having had a registration
28 revoked shall have the right to appeal such action to the division of administrative
29 law by submitting a written request for an appeal to the department within thirty
Page 5 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1028 ENGROSSED
HB NO. 734
1 calendar days after receipt of the notification of the refusal or revocation. The
2 department shall notify the division of administrative law within ten calendar days
3 of receipt of a request for an appeal and the appeal hearing shall be held no later than
4 thirty calendar days after such notice, with an administrative ruling no later than
5 thirty calendar days from the date of the hearing. This provision shall in no way
6 preclude the right of the party to seek relief through mandamus suit against the
7 department, as provided by law.
8 §407.69. Operating without or in violation of registration; penalty; injunctive relief
9 A. Whoever operates a Any family child day care home provider or in-home
10 provider who is required to be registered under this Part and who provides child care
11 services without a valid registration issued by the department shall be fined not less
12 than twenty-five dollars nor more than one hundred dollars. Each day of operation
13 child care services are provided in violation of the requirements of this Part shall
14 constitute a separate offense.
15 B. The department may also file suit in the district court in the parish in
16 which the family child day care home is located provider or in-home provider is
17 providing care, for injunctive relief, including a temporary restraining order, to
18 restrain the family child day care home provider or in-home provider from
19 continuing the violation.
20 §407.70. Notification of health and safety violations
21 The department shall notify the appropriate agencies if it is determined
22 determines that one or more violations exist within at the residence where care is
23 being provided by a family child day care home which provider or in-home provider
24 that place the health and well-being of a child or children in imminent danger.
25 §407.71. Grounds for revocation or refusal to renew registration; criminal activities;
26 lack of CPR or first aid training
27 A.(1) No family child day care home may have in its employ, or living in the
28 home, any person who has been convicted of or pled nolo contendere to a crime
29 listed in R.S. 15:587.1(C) may be a family child care provider, be employed in the
Page 6 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1028 ENGROSSED
HB NO. 734
1 residence or on the property of the residence where the care is provided, or live in
2 the residence where care is provided. The cost of any criminal background check
3 which may be required by the department as proof of compliance with this
4 Subsection shall be the responsibility of the family child day care home provider.
5 (2) No person who has been convicted of or pled nolo contendere to a crime
6 listed in R.S. 15:587.1(C) may be an in-home child care provider, be an adult
7 employed in the home or on the property of the home where care is provided, or be
8 any adult living in the home where care is provided who is not a caregiver. For the
9 purposes of this Paragraph, the term "caregiver" shall mean any person legally
10 obligated to provide or secure care for a child, including a parent, legal custodian,
11 foster home parent, or other person providing a residence for the child. The cost of
12 any criminal background check which may be required by the department as proof
13 of compliance with this Subsection shall be the responsibility of the in-home
14 provider.
15 (3) The State Board of Elementary and Secondary Education shall establish
16 by regulation requirements and procedures consistent with the provisions of R.S.
17 15:587.1 that require the submission of a person's fingerprints in a form acceptable
18 to the Louisiana Bureau of Criminal Identification and Information and through
19 which:
20 (a) The department may request information concerning whether or not a
21 family child care provider, any adult employed in the residence or on the property
22 of the residence where care is provided, or any adult living in the residence where
23 care is provided has been arrested for, convicted of, or pled nolo contendere to any
24 criminal offense.
25 (b) The department may request information concerning whether or not the
26 in-home provider, any adult employed in the home or on the property of the home
27 where care is provided, or any adult living in the home where care is provided has
28 been arrested for, convicted of, or pled nolo contendere to any criminal offense.
Page 7 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1028 ENGROSSED
HB NO. 734
1 B. The primary child care provider of any Each family child day care home
2 provider and in-home provider shall have documented current certification in either
3 Infant/Child CPR or Infant/Child/Adult CPR.
4 C. The department may deny, revoke, or refuse to renew any registration of
5 a family child day care home which provider or in-home provider who violates the
6 provisions of this Section.
7 D. The provisions of this Section shall not apply to a family child day care
8 home in which the primary child care provider or in-home provider when such
9 provider at such home is related to all the children receiving child care at such home.
10 E. The provisions of this Section shall not apply to a family child day care
11 home provider or in-home provider who is registered with the Department of
12 Education department solely for participation in the United States Child and Adult
13 Care Food Program.
14 §407.72. Orientation
15 A. All Each family child day care home providers and in-home providers
16 who are receiving payments from the Department of Education department shall be
17 required to participate in a four-hour orientation. The orientation curriculum shall
18 include but not be limited to the following subjects: recordkeeping; immunization
19 schedules and requirements; recognizing signs of child abuse; child abuse
20 prevention; communicating with parents; age appropriate activities for young
21 children; child development; child safety; and nutritional needs of children. The
22 orientation will shall count toward the required hours of professional development
23 training mandated by the Department of Education State Board of Elementary and
24 Secondary Education.
25 B. New family child day care home providers and in-home providers are
26 required to provide proof of orientation participation within twelve six months after
27 beginning operation of initial registration. New Newly registered providers, at the
28 time of initial application, are required to sign an agreement committing to attend the
29 required orientation within twelve six months.
Page 8 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1028 ENGROSSED
HB NO. 734
1 Section 3. This Act shall become effective upon signature by the governor or, if not
2signed by the governor, upon expiration of the time for bills to become law without signature
3by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
4vetoed by the governor and subsequently approved by the legislature, this Act shall become
5effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 734 Engrossed 2015 Regular Session Seabaugh
Abstract: Provides relative to the registration and regulation of certain child care providers
who receive state or federal funds related to the care provided.
Present law authorizes the Dept. of Education to oversee the registration and regulation of
unlicensed child care providers. Proposed law generally retains present law and adds new
provider types to the registration law and requires criminal background checks for such
providers, as explained more fully below.
Definitions and Registration
Present law defines the types of unlicensed child care facilities that must be registered with
the department.
Present law requires operators of "family child day care homes" to register with the
department. Defines "family child day care home" as "any place, facility, or home operated
by any institution, society, agency, corporation, person or persons, or any other group for the
primary purpose of providing care, supervision, and guidance of six or fewer children."
Proposed law repeals present law.
Proposed law requires "family child care providers" to register with the department and
defines such providers as "an individual who provides child care services for fewer than 24
hours per day per child, as the sole caregiver, for six or fewer children, in a private
residence."
Proposed law further requires "in-home providers" to register with the department. Defines
such providers as "an individual who provides child care services in the child or children's
own home."
Present law required registration by an unlicensed day care facility if such facility received
state or federal funds, directly or indirectly. Proposed law requires the unlicensed day care
provider to register if the federal or state funds received are related to the care provided.
Present law provides an exception to registration requirements for an unlicensed caregiver
providing care exclusively for related family members. Proposed law retains present law.
Present law required the unlicensed child care provider to be registered before the provider
could receive any state or federal funds, directly or indirectly. Proposed law retains present
law for state or federal funds that are related to the care provided.
Page 9 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1028 ENGROSSED
HB NO. 734
Oversight
Present law authorized the state Dept. of Health and Hospitals and the Dept. of Education
to oversee unlicensed child care providers. Proposed law places all authority for overseeing
such providers with the Dept. of Education.
Present law requires the overseeing department to promulgate rules and regulations in
accordance with the APA for the registration, oversight, and inspection of unlicensed child
care providers. Proposed law retains present law.
Inspections
Present law authorizes inspections of unlicensed child care facilities by the department, the
state fire marshal, parents, and "other authorized inspection personnel" during normal
working hours or when children are in care. Proposed law retains present law.
Present law authorizes the state fire marshal to assess a $30 fee to unlicensed child care
facilities who apply for registration to cover the cost of facility inspections. Proposed law
retains present law.
Revocation of Registration; Appeal; Violations
Present law authorizes the overseeing department to deny, revoke, or refuse to renew a
registration if an application has failed to comply with present law. Proposed law retains
present law.
Present law establishes an appeal process for an unlicensed child care provider who has had
his registration revoked or denied. Proposed law retains present law.
Present law provides that any provider who operates without a valid registration shall be
fined not less than $25 and not more than $100. Provides that each day of operation in
violation of present law constitutes a separate offense. Proposed law retains present law.
Grounds for Revocation and Criminal Background Checks
Present law prohibits any unlicensed child care provider from employing or allowing a
person who had been convicted of or plead nolo contendere to any of a group of certain
enumerated present law crimes, such as first degree murder and cruelty to juveniles, to live
in the place where care is provided.
Proposed law prohibits any individual who has been convicted of or plead nolo contendere
to any such enumerated present law crimes from being a family child care provider, from
being employed in the residence or on the property of the residence where the care is
provided, or living in the residence where such care is provided.
For "in-home providers", proposed law is the same as proposed law relative to family child
care providers, except that "caregivers" cannot be expelled for convictions or pleading nolo
contendere to any of the enumerated present law crimes. Defines "caregiver" as "any person
legally obligated to provide or secure care for a child, including a parent, legal custodian,
foster home parent, or other person providing a residence for the child."
Present law exempts providers who are related to all children receiving care from the
criminal background check requirements. Proposed law retains present law.
Present law (R.S. 15:587.1) authorizes certain agencies and employers to obtain criminal
background information on specific classes of people. Proposed law authorizes the Dept.
of Education to obtain criminal background information on registered unlicensed child care
providers and any adults living in the home or employed on the premises.
Page 10 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-1028 ENGROSSED
HB NO. 734
Present law (R.S. 15:587.1(D)), with certain exceptions, prohibits the individual whose
criminal history is being reviewed from being charged for such background checks.
Proposed law requires the unlicensed child care provider to pay the cost of any criminal
background check necessary to prove compliance with proposed law.
Required Training
Present law requires each unlicensed child care provider to participate in a four-hour
orientation.
Present law provides that such orientation counts toward required professional development
training mandated by the Dept. of Education Proposed law provides that the orientation
counts toward required training mandated by BESE.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 15:587.1(A)(1)(a) and (D)(2), the heading of Part X-C of Ch. 1 of Title 17,
R.S. 17:407.61, 407.62(4)-(6), and 407.63-407.72; Adds R.S. 17:407.62(7))
Page 11 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.