§1110.3. Licensing; transfer to office of juvenile justice
A. Beginning July 1, 2024, all juvenile detention facilities, including facilities owned
or operated by any governmental, for profit, nonprofit, private, or public agency, shall be
licensed and regulated by the office of juvenile justice pursuant to the provisions of this
Section.
B. There shall be an annual license fee for any license issued to a detention facility.
The fee shall be used by the office of juvenile justice for expenses related to the licensing
program.
(1)For a detention facility authorized to care for six or fewer juveniles, the license
fee shall be four hundred dollars.
(2)For a detention facility authorized to care for at least seven but not more than
fifteen juveniles, the license fee shall be five hundred do
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§1110.3. Licensing; transfer to office of juvenile justice
A. Beginning July 1, 2024, all juvenile detention facilities, including facilities owned
or operated by any governmental, for profit, nonprofit, private, or public agency, shall be
licensed and regulated by the office of juvenile justice pursuant to the provisions of this
Section.
B. There shall be an annual license fee for any license issued to a detention facility.
The fee shall be used by the office of juvenile justice for expenses related to the licensing
program.
(1) For a detention facility authorized to care for six or fewer juveniles, the license
fee shall be four hundred dollars.
(2) For a detention facility authorized to care for at least seven but not more than
fifteen juveniles, the license fee shall be five hundred dollars.
(3) For a detention facility authorized to care for sixteen or more juveniles, the
license fee shall be six hundred dollars.
C. Whoever operates a juvenile detention facility without a valid license issued by
the office of juvenile justice pursuant to this Section shall be fined one thousand dollars for
each day of operation without the valid license. In addition to seeking civil fines imposed
pursuant to the provisions of this Section, if any juvenile detention facility operates without
a valid license issued by the office, the office may file suit in the district court in the parish
in which the facility is located for injunctive relief, including a temporary restraining order,
to restrain the institution, society, agency, corporation, person or persons, or any other group
operating the facility from continuing the violation.
D.(1) No person shall operate any juvenile detention facility in violation of any
provision of this Part or any other state or federal statute, regulation, or any rule adopted
pursuant to the Administrative Procedure Act that governs the ownership or operation of
juvenile detention facilities.
(2) In lieu of revocation of the facility's license, the office may issue a written
warning that includes a corrective action plan to any person or entity violating these
requirements when the violation creates a condition or occurrence relating to the operation
and maintenance of a juvenile detention facility that does not pose an imminent threat to the
health, safety, rights, or welfare of a child. Failure to implement a corrective action plan
issued pursuant to the provisions of this Section may result in either the assessment of a civil
fine or license revocation or may result in both actions being taken by the office. Such civil
fines shall not exceed two hundred fifty dollars per day for each fine assessment; however,
the aggregate fines assessed for violations determined in any consecutive twelve-month
period shall not exceed two thousand dollars.
E. An appeal of any office decision for a violation of any provision of this Part shall
be suspensive. All appeals filed pursuant to the provisions of this Section shall be heard by
the division of administrative law pursuant to Chapter 13-B of Title 49 of the Louisiana
Revised Statutes of 1950. The office shall furnish the facility or agency a copy of the
decision, together with notice of the procedure for requesting judicial review.
F. The office may institute all necessary civil court actions to collect fines imposed
that are not timely appealed. No juvenile detention facility may claim imposed fines as
reimbursable. Interest shall begin to accrue at the current judicial rate on the day following
the date on which any fines become due and payable. All costs of any successful action to
collect such fines, including travel expenses and reasonable attorney fees, shall be awarded
to the office in addition to the fines.
G.(1) Civil fines collected pursuant to the provisions of this Section shall be
deposited immediately into the state treasury.
(2) After compliance with the requirements of Article VII, Section 9(B) of the
Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to
the monies being placed in the state general fund, an amount equal to the amount deposited
as provided in Paragraph (1) of this Subsection shall be credited to a special fund hereby
created in the state treasury to be known as the "Juvenile Detention Licensing Trust Fund".
The monies in the fund shall be subject to annual appropriation and shall be available
exclusively for use by the office of juvenile justice for the education and training of
employees, staff, or other personnel of juvenile detention facilities.
(3) The monies in the fund shall be invested by the treasurer in the same manner as
the monies in the state general fund, and all interest earned from the investment of monies
in the fund shall be deposited in and remain to the credit of the fund. All unexpended and
unencumbered monies remaining in the fund at the end of the fiscal year shall remain in the
fund.
H.(1) Any owner, operator, current or prospective employee, or volunteer of a
juvenile detention facility that is requesting licensure or is licensed by the office of juvenile
justice is prohibited from being employed by the facility if that individual's name is recorded
on the state central registry as a perpetrator for a substantiated finding of abuse or neglect
of a child.
(2) If the individual's name is or was entered on the state central registry, the
individual who is the subject of the finding may file a written motion seeking correction to
the division of administrative law for an administrative appeal of the substantiated
determination, in accordance with Children's Code Article 616.1.1 and the procedures
promulgated by the office.
I. The office of juvenile justice shall promulgate rules and regulations in accordance
with the Administrative Procedure Act to implement the provisions of this Section. The
rules shall contain at a minimum the following:
(1) Licensing standards for juvenile detention centers that comport with nationally
recognized and accepted best practice standards.
(2) Specific factors for determining the type of sanctions to be imposed including
severity of risk, actual harm, failure to implement a written corrective action plan, mitigating
circumstances, the history of noncompliance and an explanation of the treatment of
continuing noncompliance, an explanation of the treatment of continuing repeat deficiencies,
evidence of good faith effort to comply, and any other relevant factors.
(3) The process to provide notice to a juvenile detention facility of any violation, a
reconsideration process for sanctions issued, and an appeal procedure, including judicial
review.