§407.71. Grounds for revocation or refusal to renew registration; criminal activities; lack
of CPR or first aid training
A.
(1)No person who has been convicted of or pled nolo contendere to a crime listed
in R.S. 15:587.1(C), whose name is recorded on the state registry within the Department of
Children and Family Services as a perpetrator for a substantiated finding of abuse or neglect
of a child, whose name is on any other state's child abuse and neglect registry or repository,
whose name is on the Louisiana Sex Offender and Child Predator Registry, whose name is
on any other state's sex offender registry, or whose name is on the National Crime
Information Center's National Sex Offender Registry may be a registered family child care
provider, be employed in the residence or on the proper
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§407.71. Grounds for revocation or refusal to renew registration; criminal activities; lack
of CPR or first aid training
A.(1) No person who has been convicted of or pled nolo contendere to a crime listed
in R.S. 15:587.1(C), whose name is recorded on the state registry within the Department of
Children and Family Services as a perpetrator for a substantiated finding of abuse or neglect
of a child, whose name is on any other state's child abuse and neglect registry or repository,
whose name is on the Louisiana Sex Offender and Child Predator Registry, whose name is
on any other state's sex offender registry, or whose name is on the National Crime
Information Center's National Sex Offender Registry may be a registered family child care
provider, be employed in the residence or on the property of the residence where the care is
provided by the registered family child care provider, or live in the residence where care is
provided by the registered family child care provider. The cost of any criminal background
check which may be required by the department as proof of compliance with this Subsection
shall be the responsibility of the family child care provider.
(2) No person who has been convicted of or pled nolo contendere to a crime listed
in R.S. 15:587.1(C), whose name is recorded on the state registry within the Department of
Children and Family Services as a perpetrator for a substantiated finding of abuse or neglect
of a child, whose name is on any other state's child abuse and neglect registry or repository,
whose name is on the Louisiana Sex Offender and Child Predator Registry, whose name is
on any other state's sex offender registry, or whose name is on the National Crime
Information Center's National Sex Offender Registry may be a registered in-home child care
provider, be an adult employed in the home or on the property of the home where care is
provided by the registered in-home child care provider, or be any adult living in the home
where care is provided by the registered in-home child care provider who is not a caregiver.
For the purposes of this Paragraph, the term "caregiver" shall mean any person legally
obligated to provide or secure care for a child, including a parent, legal custodian, foster
home parent, or other person providing a residence for the child. The cost of any criminal
background check which may be required by the department as proof of compliance with this
Subsection shall be the responsibility of the in-home provider.
B.(1) The State Board of Elementary and Secondary Education shall establish by
regulation requirements and procedures through which the department shall:
(a) Request, consistent with the provisions of R.S. 15:587.1, from the Bureau of
Criminal Identification and Information, information concerning whether or not a registered
family child care provider, any adult employed in the residence or on the property of the
residence where care is provided, or any adult living in the residence where care is provided
has been arrested for, convicted of, or pled nolo contendere to any criminal offense.
(b) Request information from the Department of Children and Family Services as to
whether the individual's name is recorded on the state central registry for child abuse and
neglect.
(c) Request information from the National Crime Information Center as to whether
the individual's name is recorded on the National Sex Offender Registry.
(d) Request information identified in this Paragraph for the registered in-home
provider, any adult employed in the home or on the property of the home where care is
provided, or any adult living in the home where care is provided.
(2) The department shall require and provide for the submission of a person's
fingerprints in a form acceptable to the Louisiana Bureau of Criminal Identification and
Information. A person who has submitted his fingerprints to the Louisiana Bureau of
Criminal Identification and Information, and for whom the department has received a
Louisiana or federal criminal history information report, may be hired on a provisional basis
until such time as all required background checks have been completed; a provisional
employee shall be monitored in accordance with rules adopted by the State Board of
Elementary and Secondary Education by an individual who has completed a criminal
background check. Under no circumstances shall an early learning center employ a person
in any capacity until the department has received the required Louisiana or federal criminal
history information report.
(3) The department may charge a processing fee not to exceed fifteen dollars and may
collect the processing fees charged by the Bureau of Criminal Identification and Information
for a state criminal history report, the Federal Bureau of Investigation for a federal criminal
history information report, the National Crime Information Center for a search of the
National Sex Offender Registry, the Department of Children and Family Services for a
search of its state central registry of abuse and neglect, and processing fees charged by other
states when it receives a request for a criminal background check and shall timely submit the
appropriate processing fees to the appropriate agencies.
C. Each family child care provider and in-home provider shall have documented
current certification in either Infant/Child CPR or Infant/Child/Adult CPR in order to be
registered.
D. The department may deny, revoke, or refuse to renew any registration of a family
child care provider or in-home provider who violates the provisions of this Section.
E. The provisions of this Section shall not apply to a family child care provider or
in-home provider when such provider is related to all the children receiving child care.
F. The provisions of this Section shall not apply to a family child care provider or
in-home provider who is registered with the department solely for participation in the United
States Child and Adult Care Food Program.