HLS 15RS-1028 REENGROSSED
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
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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".
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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.
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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
11 registered family child day care homes that providers and in-home providers who
12 participate in the United States Child and Adult Care Food Program or the Child
13 Care and Development Fund.
14 C. B. A Each registered family child day care home provider and in-home
15 provider shall be inspected and approved by the office of state fire marshal in
16 accordance with the rules and regulations as established under Subsections A and B
17 pursuant to Subsection A of this Section, developed in consultation with the office
18 of state fire 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
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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
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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 registered family child care provider, be
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1 employed in the residence or on the property of the residence where the care is
2 provided by the registered family child care provider, or live in the residence where
3 care is provided by the registered family child care provider. The cost of any
4 criminal background check which may be required by the department as proof of
5 compliance with this Subsection shall be the responsibility of the family child day
6 care home provider.
7 (2) No person who has been convicted of or pled nolo contendere to a crime
8 listed in R.S. 15:587.1(C) may be a registered in-home child care provider, be an
9 adult employed in the home or on the property of the home where care is provided
10 by the registered in-home child care provider, or be any adult living in the home
11 where care is provided by the registered in-home child care provider who is not a
12 caregiver. For the purposes of this Paragraph, the term "caregiver" shall mean any
13 person legally obligated to provide or secure care for a child, including a parent,
14 legal custodian, foster home parent, or other person providing a residence for the
15 child. The cost of any criminal background check which may be required by the
16 department as proof of compliance with this Subsection shall be the responsibility
17 of the in-home provider.
18 (3) The State Board of Elementary and Secondary Education shall establish
19 by regulation requirements and procedures consistent with the provisions of R.S.
20 15:587.1 that require the submission of a person's fingerprints in a form acceptable
21 to the Louisiana Bureau of Criminal Identification and Information and through
22 which:
23 (a) The department may request information concerning whether or not a
24 registered family child care provider, any adult employed in the residence or on the
25 property of the residence where care is provided, or any adult living in the residence
26 where care is provided has been arrested for, convicted of, or pled nolo contendere
27 to any criminal offense.
28 (b) The department may request information concerning whether or not the
29 registered in-home provider, any adult employed in the home or on the property of
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1 the home where care is provided, or any adult living in the home where care is
2 provided has been arrested for, convicted of, or pled nolo contendere to any criminal
3 offense.
4 B. The primary child care provider of any Each family child day care home
5 provider and in-home provider shall have documented current certification in either
6 Infant/Child CPR or Infant/Child/Adult CPR in order to be registered.
7 C. The department may deny, revoke, or refuse to renew any registration of
8 a family child day care home which provider or in-home provider who violates the
9 provisions of this Section.
10 D. The provisions of this Section shall not apply to a family child day care
11 home in which the primary child care provider or in-home provider when such
12 provider at such home is related to all the children receiving child care at such home.
13 E. The provisions of this Section shall not apply to a family child day care
14 home provider or in-home provider who is registered with the Department of
15 Education department solely for participation in the United States Child and Adult
16 Care Food Program.
17 §407.72. Orientation
18 A. All Each family child day care home providers provider and in-home
19 provider who is receiving payments from the Department of Education department
20 shall be required to participate in a four-hour orientation. The orientation curriculum
21 shall include but not be limited to the following subjects: recordkeeping;
22 immunization schedules and requirements; recognizing signs of child abuse; child
23 abuse prevention; communicating with parents; age appropriate activities for young
24 children; child development; child safety; and nutritional needs of children. The
25 orientation will shall count toward the required hours of professional development
26 training mandated by the Department of Education State Board of Elementary and
27 Secondary Education.
28 B. New family child day care home providers and in-home providers are
29 required to provide proof of orientation participation within twelve six months after
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1 beginning operation of initial registration. New Newly registered providers, at the
2 time of initial application, are required to sign an agreement committing to attend the
3 required orientation within twelve six months.
4 Section 3. This Act shall become effective on July 1, 2015.
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 Reengrossed 2015 Regular Session Seabaugh
Abstract: Provides relative to the registration and regulation of certain unlicensed child
care providers that receive state or federal funds.
Present law provides for the licensing of early learning centers, defined as any child day care
center (seven or more children), Early Head Start Center, Head Start Center, or stand-alone
prekindergarten program not attached to a school. Proposed law retains present law.
Present law provides for the registration of certain places providing child care that do not
meet the definition of early learning center and are thus not subject to present law licensing
requirements. Authorizes the state Dept. of Education (DOE) to oversee the registration of
such unlicensed providers. Proposed law generally retains present law but 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 requires operators of "family child day care homes" to register with DOE.
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 deletes present law and instead requires the following providers to register
with DOE, defining them as follows:
(1)"Family child care provider", defined 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.
(2)"In-home provider", defined as an individual who provides child care services in the
child or children's own home.
Present law requires registration by an unlicensed day care facility if it receives state or
federal funds, directly or indirectly. Proposed law instead requires a facility to register if
funds are related to the care provided. Present law requires the provider to be registered
before the receipt of funds. Proposed law retains present law but specifies that this applies
to funds related to the care provided.
Present law provides that unlicensed day care facilities that do not receive state or federal
funds and individuals providing care exclusively for related family members are not required
to register with DOE. Proposed law retains present law.
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Oversight
Present law authorizes the state Dept. of Health and Hospitals to promulgate rules and
regulations for unlicensed child care providers that receive state or federal funds except
those participating in the U.S. Child and Adult Care Food Program or the Child Care
Development Fund. Proposed law deletes present law.
Present law requires DOE to promulgate rules and regulations for unlicensed child care
providers participating in such program or fund. Proposed law instead requires the State
Board of Elementary and Secondary Education (BESE) to promulgate such rules and
regulations and limits their applicability to only participating providers that are registered.
Inspections
Present law requires that unlicensed child care facilities be inspected and approved by the
office of the state fire marshal. Proposed law applies this requirement only to registered
facilities.
Present law authorizes inspections of registered unlicensed child care facilities by DOE as
it deems necessary. Proposed law retains present law. Present law authorizes the state fire
marshal, parents, and other authorized inspection personnel to inspect unlicensed facilities
during normal working hours or when children are in care. Proposed law retains present law
but limits its applicability to registered facilities and only grants this authority to parents of
children in care of the facility.
Revocation of Registration; Appeal; Violations
Present law authorizes DOE to deny, revoke, or refuse to renew a registration if an
application fails to comply with present law. Establishes an appeal process and provides for
fines for providers operating without valid registration. 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 registered family child care
provider, from being employed in the residence or on the property of the residence where
the care is provided by the registered provider, or living in the residence where such care is
provided by the registered provider.
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 DOE to
obtain criminal background information on registered unlicensed child care providers and
any adults living in the home or employed on the premises.
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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 unlicensed child care providers to have certification in either
Infant/Child CPR or Infant/Child/Adult CPR. Proposed law specifies that this is a condition
of registration.
Present law requires each unlicensed child care provider to participate in a four-hour
orientation and provides that such orientation counts toward required professional
development training mandated by DOE. Proposed law provides that the orientation counts
toward required training mandated by BESE.
Present law requires new unlicensed child care providers to provide proof of orientation
within 12 months of initial registration. Proposed law reduces the length of this time period
from 12 months to six months.
Effective July 1, 2015.
(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))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Provide for proposed law effectiveness on July 1, 2015, instead of upon
governor's signature or lapse of time for gubernatorial action.
2. Specify that various requirements pertaining to unlicensed day care facilities
apply only to those that are registered with the state Dept. of Education.
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