(LAC 67:III 7301-7399 - Louisiana DCFS

Pursuant to RS 49:983 the Office of State Registrar may make technical changes to proposed rule submissions in preparing the Louisiana Register and the Louisiana Administrative Code.

NOTICE OF INTENT Department of Children and Family Services

Division of Programs Licensing Section

Child Day Care Regulation Repeal (LAC 67:III 7301-7399)

In accordance with the provisions of the Administrative Procedure Act R.S. 49:953 (A), the Department of Children and Family Services (DCFS) proposes to repeal the Louisiana Administrative Code, Title 67, Part III, Subpart 21, Chapter 73, Sections 7301-7399.

The proposed rule will repeal the child day care regulations under the Department of Children and Family Services due to the transfer of authority to The Louisiana Department of Education.

Pursuant to R.S. 17:407.32, the authority to license child care centers transferred from the Department of Children and Family Services to the Department of Education, effective October 1, 2014. Additionally, pursuant to R.S. 17:407.38, until such time as rules were promulgated by the Board of Elementary and Secondary Education to implement Type I, Type II, and Type III child day care center licenses, child care centers were to continue to follow the rules promulgated by DCFS for the licensure of Class A and Class B child care centers. The Board of Elementary and Secondary Education promulgated such rules effective July 1, 2015; therefore the rules previously referenced in sections 7301 ? 7399 are hereby repealed.

Title 67 SOCIAL SERVICES Part III. Office of Family Support Subpart 21. Child Care Licensing Chapter 73. Day Care Centers

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Subchapter A. Licensing Class "A" Regulations for Child Care Centers

NOTE:

Pursuant to Act 868 of the 2014 Regular Session of

the Louisiana Legislature, specifically R.S. 17:407.32, the

authority to license child care centers transfers from the

Department of Children and Family Services to the Department

of Education, effective October 1, 2014. Additionally,

pursuant to R.S. 17:407.38 of Act 868, until such time as

rules are promulgated by the Board of Elementary and

Secondary Education to implement the new Type I, Type II and

Type III child day care center licenses, child care centers

shall continue to follow the rules promulgated by DCFS for

the licensure of Class A and Class B child care centers.

?7301. Purpose

A. It is the intent of the legislature to protect the health, safety, and well-being of the children of the state who are in out-of-home care on a regular or consistent basis. Toward

that end, it is the purpose of Chapter 14 of Title 46 of the Louisiana Revised Statutes of 1950 to establish statewide minimum standards for the safety and well-being of children, to ensure maintenance of these standards, and to regulate conditions in these facilities through a program of licensing. It shall be the policy of the state to ensure protection of all individuals under care in child care facilities and placement agencies and to encourage and assist in the improvement of programs.

B. It is the further intent of the legislature that the freedom of religion of all citizens shall be inviolate. This Chapter shall not give the Department of Social Services jurisdiction or authority to regulate, control, supervise, or in

any way be involved in the form, manner, or content of any curriculum or instruction of a school or facility sponsored by a

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Pursuant to RS 49:983 the Office of State Registrar may make technical changes to proposed rule submissions in preparing the Louisiana Register and the Louisiana Administrative Code.

church or religious organization so long as the civil and human

rights of the clients and residents are not violated.

AUTHORITY NOTE:

Promulgated in accordance with R.S.

46:1401 et seq.

HISTORICAL NOTE: Promulgated by the Department of Health

and Human Resources, Office of the Secretary, Division of

Licensing and Certification, LR 13:246 (April 1987), amended by

the Department of Social Services, Office of the Secretary,

Bureau of Licensing, LR 20:450 (April 1994), LR 24:2345

(December 1998), LR 29:1107 (July 2003), repromulgated by the

Department of Social Services, Office of Family Support, LR

33:2755 (December 2007), repealed LR 42:

?7302. Authority

A. Legislative Provisions

1. The state of Louisiana, Department of Children

and Family Services, is charged with the responsibility for

developing and publishing standards for the licensing of child

care centers. The licensing authority of the Department of

Children and Family Services is established by R.S. 46:1401 et

seq., making mandatory the licensing of all child care

facilities and child placing agencies, including child care

centers. R.S. 46:1403 defines a child day care facility as any

place or facility operated by any institution, society, agency,

corporation, person or persons, or any other group for the

purpose of providing care, supervision, and guidance of seven or

more children, not including those related to the caregiver,

unaccompanied by parent or guardian, on a regular basis for at

least 12 1/2 hours in a continuous 7-day week. Related or

relative is defined as the natural or adopted child or

grandchild of the caregiver or a child in the legal custody of

the caregiver.

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2. In accordance with Act 429 and Act 569 of the 2010 Legislative Session, a recognized religious organization which is qualified as a tax-exempt organization under section 501(c) of the Internal Revenue Code, which remains open for not more than 24 hours in a continuous 7-day week, and in which no individual child remains for more than 24 hours in one continuous stay shall not be considered a "day care center" for the purposes of this Chapter. In addition, there shall be a moratorium on the enforcement of any rule and regulation by the Department of Children and Family Services upon a child care facility, operated by a religious, nonprofit organization which is exempt from federal income taxes pursuant to 26 U.S.C. 501(c)(3), and which was not licensed as either a Class A or Class B facility on June 1, 2010, and provides childcare for not less than 25 hours and not more than 40 hours in a continuous 7day week. This moratorium shall terminate and cease to be effective upon July 1, 2011.

B. Penalties 1. All child care facilities, including facilities

owned or operated by any governmental, profit, nonprofit, private, or church agency shall be licensed.

2. As mandated by R.S. 46:1421, whoever operates any child care facility or child-placing agency as defined in R.S. 46:1403, including any child day care center, without a valid license issued by the department shall be fined not less than $1,000 per day for each day of such offense.

C. Inspections 1. According to law, it shall be the duty of the

Department of Social Services, through its duly authorized agents, to inspect at regular intervals not to exceed one year or as deemed necessary by the department and without previous

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Pursuant to RS 49:983 the Office of State Registrar may make technical changes to proposed rule submissions in preparing the Louisiana Register and the Louisiana Administrative Code.

notice all child care facilities and child-placing agencies subject to the provisions of the Chapter (R.S. 46:1401 et seq.).

2. Whenever the department is advised or has reason to believe that any person, agency or organization is operating a non-exempt child care facility without a license, the department shall make an investigation to ascertain the facts.

3. Whenever the department is advised or has reason to believe that any person, agency or organization is operating in violation of the Child Care Center Class A Minimum Standards, the department shall complete a complaint investigation. All reports of mistreatment of children coming to the attention of the Department of Social Services will be investigated.

D. The Louisiana Advisory Council on Child Care and Early Education

1. The Louisiana Advisory Council on Child Care and Early Education is hereby created in accordance with R.S. 46:1414, as amended by Acts 2009, No. 194, to provide input and guidance to the Department of Social Services on matters pertaining to rules, regulations and standards for licensure of Class A and Class B day care centers as defined in R.S. 46:1403(A)(4).

2. The council shall be composed of 12 voting members, appointed by the Secretary of the Department of Social Services and 9 non-voting ex-officio members. The membership shall consist of:

a. one parent of a child currently enrolled in a licensed child care facility;

b. three owners or directors of licensed child care facilities in Louisiana, and one faith based child care provider;

c. two professionals and/or faculty of child development and/or early childhood education programs at

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