This text of Louisiana § 15:587.1.2 (Provision of information to protect children who receive services at a therapeutic) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§587.1.2. Provision of information to protect children who receive services at a therapeutic
group home
A.
(1)As provided in R.S. 40:2008.10, the Louisiana Department of Health shall
request in writing that the bureau supply information to ascertain whether the persons listed
in Paragraph (2) of this Subsection have been arrested for or convicted of, or pled nolo
contendere to, any criminal offense. The request shall be on a form prepared by the bureau
and signed by a responsible official of the Louisiana Department of Health making the
request. The request shall include a statement signed by the person about whom the request
is made which gives his permission for such information to be released.
(2)(a) The persons to which this Section applies include:
(i)Any person who owns, operates, o
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§587.1.2. Provision of information to protect children who receive services at a therapeutic
group home
A.(1) As provided in R.S. 40:2008.10, the Louisiana Department of Health shall
request in writing that the bureau supply information to ascertain whether the persons listed
in Paragraph (2) of this Subsection have been arrested for or convicted of, or pled nolo
contendere to, any criminal offense. The request shall be on a form prepared by the bureau
and signed by a responsible official of the Louisiana Department of Health making the
request. The request shall include a statement signed by the person about whom the request
is made which gives his permission for such information to be released.
(2)(a) The persons to which this Section applies include:
(i) Any person who owns, operates, or manages a licensed therapeutic group home.
(ii) Any person who has applied for a license to operate a therapeutic group home.
(iii) Any person who is employed by, is contracted by, volunteers at, or interns with
a therapeutic group home.
(iv) Any person who has applied to be employed or contracted by a therapeutic group
home.
(v) Any person who has applied to volunteer or intern with a therapeutic group home.
(b) This Section shall not apply to contractors and other individuals providing a
service at the therapeutic group home who are not employees, volunteers, interns, or
contracted members of the staff of the therapeutic group home, including but not limited to
plumbers, landscapers, or visiting resources.
(3) In responding to a request for information as provided for in Paragraph (1) of this
Subsection, the bureau shall make available a record of all criminal arrests and convictions
of the person prior to the date of the request.
(4) The Louisiana Department of Health, as recipient of the information from the
bureau, shall maintain the confidentiality of such criminal history information in accordance
with applicable federal or state law.
B.(1) Upon receiving a request pursuant to the provisions of R.S. 40:2008.10 that
meets the requirements of Subsection A of this Section, the bureau shall survey its criminal
history records and identification files and make a simultaneous request of the Federal
Bureau of Investigation for like information from other jurisdictions. The bureau shall
provide a report promptly and in writing, but provide only such information as is necessary
to specify whether or not that person has been arrested for or convicted of or pled nolo
contendere to any crime or crimes, the crimes for which he has been arrested or convicted
or to which he has pled nolo contendere, and the date or dates on which they occurred. The
report provided pursuant to the provisions of this Subsection shall include arrests,
convictions, or other dispositions, including convictions dismissed pursuant to Code of
Criminal Procedure Article 893 or 894.
(2)(a) When an individual's record contains information which has been expunged,
the bureau shall include in its report to the Louisiana Department of Health the date of the
arrest and a notation that the individual's record contains information which has been
expunged and that the requestor may contact the bureau in order to obtain further information
regarding the expunged information.
(b) The bureau shall establish policies and procedures by which the Louisiana
Department of Health may be furnished with expunged information. These policies and
procedures shall not require the Louisiana Department of Health to personally appear at the
office of the bureau in order to obtain access to the expunged information.
(c) The Louisiana Department of Health shall maintain the confidentiality of the
information as provided by law, and the expunged information shall not be deemed a public
record.
C. The costs of any criminal background check which is required under this Section
or R.S. 40:2008.10 shall be the responsibility of the therapeutic group home.
D. The Louisiana Department of Health may adopt rules and regulations in
accordance with the Administrative Procedure Act to implement the provisions of this
Section, including requirements and provisions for utilizing the criminal history information.
The department may utilize the process provided in R.S. 49:962 for adoption of the rule.