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 548 Engrossed 2019 Regular Session Cox
Abstract: Provides relative to criminal history record checks of certain individuals of therapeutic
group homes and Child Care Institutions.
Present law provides that the La. Bureau of Criminal Identification and Information (the bureau)
shall make available to the Dept. of Children and Family Services (DCFS) all criminal history record
information as defined in present law related to foster and adoptive parent applicants.
Proposed law adds to the applicants listed in present law by including individuals employed directly
or indirectly by institutions or facilities providing or with the potential of providing daily care or
supervision to any child or youth in the custody of or under the supervision of any La. state
government agency.
Present law provides that the bureau shall facilitate national criminal history record checks on certain
individuals as it relates to the fostering and adopting of certain children subject to DCFS
investigation or custody.
Proposed law adds to the applicants listed in present law by including individuals employed directly
or indirectly by institutions or facilities providing or with the potential of providing daily care or
supervision to any child or youth in the custody of or under the supervision of any La. state
government agency.
Proposed law authorizes the La. Dept. of Health to request in writing that the bureau supply certain
criminal history record information to ascertain whether certain persons have been arrested for,
convicted of, or pled nolo contendere to, any criminal offense.
Proposed law applies to the following persons:
(1)Any person who owns, operates, or manages a licensed therapeutic group home.
(2)Any person who has applied for a license to operate a therapeutic group home.
(3)Any person who is employed by, is contracted by, volunteers at, or interns with a therapeutic
group home.
(4)Any person who has applied to be employed or contracted by a therapeutic group home. (5) Any person who has applied to volunteer or intern with a therapeutic group home.
Proposed law requires the La. Dept. of Health to maintain the confidentiality of such criminal history
information in accordance with applicable federal or state law.
Proposed law provides that the costs of the criminal background check are the responsibility of the
therapeutic group home.
Proposed law authorizes the La. Dept. of Health to adopt rules and regulations in accordance with
the Administrative Procedure Act to implement the provisions of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 15:587(A)(2)(a) and (b) and 587.1(A)(1)(a); Adds R.S. 15:587.1.2 and R.S.
40:2008.10)
Summary of Amendments Proposed by House
The Floor Amendments Proposed by the House to the original bill:
1. Provide for the request of criminal history record information of certain persons who
own, operate, or manage a therapeutic group home or who are employees, contractors,
volunteers, or interns of a therapeutic group home.
2. Provide relative to the procedures and costs to obtain the criminal background check.
3. Provide relative to the request of criminal history records checks of certain individuals
employed or contracted by a Child Care Institution.