ENROLLED
ACT No. 243
2019 Regular Session
HOUSE BILL NO. 548
BY REPRESENTATIVE COX
1 AN ACT
2 To amend and reenact R.S. 15:587(A)(2)(a) and (b) and 587.1(A)(1)(a) and R.S.
3 44:4.1(B)(8) and to enact R.S. 15:587.1.2 and R.S. 40:2008.10, relative to the
4 Louisiana Bureau of Criminal Identification and Information's duty to provide
5 information; to authorize the release of certain criminal history information to the
6 Department of Children and Family Services; to grant the department the authority
7 to receive such information; to provide relative to the provision of information to
8 protect children; to provide relative to the provision of information to protect
9 children who receive services at a therapeutic group home and child care institutions;
10 to provide relative to criminal history record information of certain persons who
11 own, operate, or manage a therapeutic group home or who are employees,
12 contractors, volunteers, or interns of a therapeutic group home; to provide relative
13 to the procedures to obtain and costs of the background check; to provide for
14 exceptions to the Public Records Law; and to provide for related matters.
15 Be it enacted by the Legislature of Louisiana:
16 Section 1. R.S. 15:587(A)(2)(a) and (b) and 587.1(A)(1)(a) are hereby amended and
17 reenacted and R.S. 15:587.1.2 is hereby enacted to read as follows:
18 §587. Duty to provide information; processing fees; Louisiana Bureau of Criminal
19 Identification and Information
20 A.
21 * * *
22 (2)(a) The bureau, in accordance with its powers to regulate and to enforce
23 provisions herein, may further restrict those agencies eligible to receive information.
24 However, the bureau shall make available to the Department of Children and Family
25 Services all criminal history record information as defined in R.S. 15:576 related to
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1 foster and adoptive parent applicants and adult members of foster and adoptive
2 parent households; parents whose children have been removed from their custody;
3 parents or caretakers involved in investigations of abuse or neglect; potential
4 caretakers of a child who is either in the custody of the department, is the subject of
5 an investigation of abuse or neglect, or is or has been receiving services through the
6 office of children and family services; and potential employees of the department
7 whose duties include the investigation of child abuse or neglect, the supervisory or
8 disciplinary authority over children, direct care of a child, or performance of
9 licensing surveys; and individuals employed directly or indirectly by institutions or
10 facilities providing, or with the potential of providing, daily care or supervision to
11 any child or youth in the custody of or under the supervision of any Louisiana state
12 government agency. For the purposes of this Section, the bureau shall employ such
13 methods and procedures and shall observe such duty hours as to provide information
14 upon request within forty-eight hours from its receipt.
15 (b) The bureau shall facilitate national criminal history record checks of
16 prospective foster and adoptive parent applicants and adult members of foster and
17 adoptive parent households; parents whose children have been removed from their
18 custody; parents or caretakers involved in investigations of abuse or neglect;
19 potential caretakers of a child who is either in the custody of the department, is the
20 subject of an investigation of abuse or neglect, or is or has been receiving services
21 through the office of children and family services; and potential employees of the
22 department whose duties include the investigation of child abuse or neglect, the
23 supervisory or disciplinary authority over children, direct care of a child, or
24 performance of licensing surveys; and individuals employed directly or indirectly by
25 institutions or facilities providing, or with the potential of providing, daily care or
26 supervision to any child or youth in the custody of or under the supervision of any
27 Louisiana state government agency by receiving and forwarding fingerprint cards to
28 the Federal Bureau of Investigation. The Department of Children and Family
29 Services is authorized to receive and screen the results of the state and national
30 criminal history record checks in order to determine foster or adoptive parent
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1 applicants' eligibility for certification or recertification as a placement resource for
2 children; to assist in the determination of the appropriateness of a parent or potential
3 caregiver as a placement resource for a child; to assess the situation for safety issues
4 and risks to the child and worker; and to assess the qualifications of a potential
5 department employee; and to assess the qualifications of individuals employed,
6 directly or indirectly, by institutions or facilities providing, or with the potential of
7 providing, daily care or supervision to any child or youth in the custody of or under
8 the supervision of any Louisiana state government agency. The department shall
9 maintain the confidentiality of criminal history information received in accordance
10 with applicable federal or state law.
11 * * *
12 §587.1. Provision of information to protect children
13 A.(1)(a) As provided in R.S. 15:825.3, R.S. 17:15, 407.42, and 407.71,
14 Children's Code Article 424.1, and R.S. 46:51.2 and 1441.13, any employer or others
15 responsible for the actions of one or more persons who have been given or have
16 applied to be considered for a position of supervisory or disciplinary authority over
17 children, and as provided in R.S. 46:51.2(A), the Department of Children and Family
18 Services as employer of one or more persons who have been given or have applied
19 to be considered for a position whose duties include the investigation of child abuse
20 or neglect, supervisory or disciplinary authority over children, direct care of a child,
21 or performance of licensing surveys, and for individuals who are employed by or
22 contracted staff of a child care institution, as defined in 42 U.S.C. 672, licensed by
23 the department, shall request in writing that the bureau supply information to
24 ascertain whether that person or persons have been arrested for or convicted of, or
25 pled nolo contendere to, any criminal offense. The request must be on a form
26 prepared by the bureau and signed by a responsible officer or official of the
27 organization or department making the request. It must include a statement signed
28 by the person about whom the request is made which gives his permission for such
29 information to be released.
30 * * *
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1 §587.1.2. Provision of information to protect children who receive services at a
2 therapeutic group home
3 A.(1) As provided in R.S. 40:2008.10, the Louisiana Department of Health
4 shall request in writing that the bureau supply information to ascertain whether the
5 persons listed in Paragraph (2) of this Subsection have been arrested for or convicted
6 of, or pled nolo contendere to, any criminal offense. The request shall be on a form
7 prepared by the bureau and signed by a responsible official of the Louisiana
8 Department of Health making the request. The request shall include a statement
9 signed by the person about whom the request is made which gives his permission for
10 such information to be released.
11 (2)(a) The persons to which this Section applies include:
12 (i) Any person who owns, operates, or manages a licensed therapeutic group
13 home.
14 (ii) Any person who has applied for a license to operate a therapeutic group
15 home.
16 (iii) Any person who is employed by, is contracted by, volunteers at, or
17 interns with a therapeutic group home.
18 (iv) Any person who has applied to be employed or contracted by a
19 therapeutic group home.
20 (v) Any person who has applied to volunteer or intern with a therapeutic
21 group home.
22 (b) This Section shall not apply to contractors and other individuals
23 providing a service at the therapeutic group home who are not employees,
24 volunteers, interns, or contracted members of the staff of the therapeutic group home,
25 including but not limited to plumbers, landscapers, or visiting resources.
26 (3) In responding to a request for information as provided for in Paragraph
27 (1) of this Subsection, the bureau shall make available a record of all criminal arrests
28 and convictions of the person prior to the date of the request.
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1 (4) The Louisiana Department of Health, as recipient of the information from
2 the bureau, shall maintain the confidentiality of such criminal history information in
3 accordance with applicable federal or state law.
4 B.(1) Upon receiving a request pursuant to the provisions of R.S. 40:2008.10
5 that meets the requirements of Subsection A of this Section, the bureau shall survey
6 its criminal history records and identification files and make a simultaneous request
7 of the Federal Bureau of Investigation for like information from other jurisdictions.
8 The bureau shall provide a report promptly and in writing, but provide only such
9 information as is necessary to specify whether or not that person has been arrested
10 for or convicted of or pled nolo contendere to any crime or crimes, the crimes for
11 which he has been arrested or convicted or to which he has pled nolo contendere, and
12 the date or dates on which they occurred. The report provided pursuant to the
13 provisions of this Subsection shall include arrests, convictions, or other dispositions,
14 including convictions dismissed pursuant to Code of Criminal Procedure Article 893
15 or 894.
16 (2)(a) When an individual's record contains information which has been
17 expunged, the bureau shall include in its report to the Louisiana Department of
18 Health the date of the arrest and a notation that the individual's record contains
19 information which has been expunged and that the requestor may contact the bureau
20 in order to obtain further information regarding the expunged information.
21 (b) The bureau shall establish policies and procedures by which the
22 Louisiana Department of Health may be furnished with expunged information. These
23 policies and procedures shall not require the Louisiana Department of Health to
24 personally appear at the office of the bureau in order to obtain access to the
25 expunged information.
26 (c) The Louisiana Department of Health shall maintain the confidentiality
27 of the information as provided by law, and the expunged information shall not be
28 deemed a public record.
29 C. The costs of any criminal background check which is required under this
30 Section or R.S. 40:2008.10 shall be the responsibility of the therapeutic group home.
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1 D. The Louisiana Department of Health may adopt rules and regulations in
2 accordance with the Administrative Procedure Act to implement the provisions of
3 this Section, including requirements and provisions for utilizing the criminal history
4 information. The department may utilize the process provided in R.S. 49:953(B) for
5 adoption of the rule.
6 Section 2. R.S. 40:2008.10 is hereby enacted to read as follows:
7 §2008.10. Therapeutic group homes licensed by the Louisiana Department of
8 Health; state central registry of child abuse and neglect; criminal background
9 checks
10 A.(1)(a) The provisions of this Section shall apply to the following persons:
11 (i) Any person who owns, operates, or manages a licensed therapeutic group
12 home.
13 (ii) Any person who has applied for a license to operate a therapeutic group
14 home.
15 (iii) Any person who is employed by, is contracted by, volunteers at, or
16 interns with a therapeutic group home.
17 (iv) Any person who has applied to be employed or contracted by a
18 therapeutic group home.
19 (v) Any person who has applied to volunteer or intern with a therapeutic
20 group home.
21 (b) This Section shall not apply to contractors and other individuals
22 providing a service at the therapeutic group home who are not employees,
23 volunteers, interns, or contracted members of the state of the therapeutic group
24 home, including but not limited to plumbers, landscapers, or visiting resources.
25 (2) The Louisiana Department of Health shall request, consistent with the
26 provisions of R.S. 15:587.2, from the Bureau of Criminal Identification and
27 Information, information concerning whether or not any of the persons listed in
28 Paragraph (1) of this Subsection has been arrested for, convicted of, or pled nolo
29 contendere to any criminal offense.
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1 (3) The therapeutic group home shall request information from the
2 Department of Children and Family Services as to whether the individual's name is
3 recorded on the state central registry as a perpetrator for a justified finding of abuse
4 or neglect of a child.
5 (4) For any individual subject to these provisions that has lived in any other
6 state within the last five years, the Louisiana Department of Health shall request
7 information from the child abuse and neglect registry or repository of each of those
8 states as to whether the individual's name is recorded on that state's registry or
9 repository.
10 (5) The Louisiana Department of Health may request any information
11 necessary from the therapeutic group home, any person subject to the provisions of
12 this Section, or any other appropriate agency, to ensure compliance with this Section.
13 (6) The Louisiana Department of Health shall require and provide for the
14 submission of a person's fingerprints in a form acceptable to the Louisiana Bureau
15 of Criminal Identification and Information.
16 (7) The Louisiana Department of Health may charge a processing fee not to
17 exceed fifteen dollars, and may collect from the therapeutic group home the charges
18 and processing fees charged by the Bureau of Criminal Identification and
19 Information for a state criminal history report, the Federal Bureau of Investigation
20 for a federal criminal history information report, and any other state's registry or
21 repository of abuse and neglect. The Louisiana Department of Health shall timely
22 submit the appropriate charges and processing fees to the appropriate agencies.
23 B. The Louisiana Department of Health may adopt rules and regulations in
24 accordance with the Administrative Procedure Act to implement the provisions of
25 this Section, including requirements and provisions for utilizing the criminal history
26 information. The department may utilize the process provided in R.S. 49:953(B) for
27 adoption of the rule.
28 Section 3. R.S. 44:4.1(B)(8) is hereby amended and reenacted to read as follows:
29 §4.1. Exceptions
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1 B. The legislature further recognizes that there exist exceptions, exemptions,
2 and limitations to the laws pertaining to public records throughout the revised
3 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
4 limitations are hereby continued in effect by incorporation into this Chapter by
5 citation:
6 * * *
7 (8) R.S. 15:242, 440.6, 477.2, 549, 570(F), 574.12, 578.1, 587, 587.1.2, 616,
8 660, 840.1, 1176, 1204.1, 1212.1(E), 1507, 1614
9 * * *
10 Section 4. This Act shall become effective upon signature by the governor or, if not
11 signed by the governor, upon expiration of the time for bills to become law without signature
12 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
13 vetoed by the governor and subsequently approved by the legislature, this Act shall become
14 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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