§ 46:1407 — Rules, regulations, and standards for licenses

§1407. Rules, regulations, and standards for licenses
A. The department shall promulgate regulations for each type of license to carry out
the provisions of this Chapter in accordance with the provisions of the Administrative
Procedure Act.
B.(1) The regulations developed by the department, at a minimum, shall accomplish
all of the following:
(a) Promote the health, safety, and welfare of children and youth attending any
specialized provider.
(b) Promote safe, comfortable, and proper physical facilities of specialized providers.
(c) Ensure adequate supervision of those attending specialized providers by capable,
qualified, and healthy personnel.
(d) Ensure adequate and healthy food service in specialized providers where food is
offered.
(e) Prohibit discrimination by specialized providers on the basis of race, color, creed,
sex, national origin, disability, ancestry, or whether the child is being breastfed. However,
nothing in this Subparagraph shall be construed to affect, limit, or otherwise restrict any of
the following:
(i) The hiring or admission policies of a licensed specialized provider owned by a
church or religious organization, which may give preference in hiring or admission to
members of the church or denomination.
(ii) The rights of religious sectarian child-placing agencies to consider creed in any
decision or action relating to foster care or adoption.
(f) Require residential home and maternity home providers to have a written
description of admission policies and criteria which expresses the needs, problems,
situations, or patterns best addressed by its program. These policies shall be available to the
person legally responsible for any child or to any youth aged eighteen or above referred for
placement.
(g) Include procedures by which parents and guardians are given an opportunity for
consultation and information about the educational and therapeutic programs for the child
or youth in attendance.
(h) Include regulations and standards for nighttime care.
(i) Include procedures for the receipt, recordation, and disposition of complaints.
(j) Include procedures for the return of a child to his parent. Arrangements for the
child's return to his parent shall not include third parties or other child care agencies unless
written agreement between the child care agency and the parent is on file with the child care
agency.
(2) Any specialized provider approved by the department shall be required to have
all of the following:
(a) Approval from the Department of Public Safety and Corrections, office of the
state fire marshal, code enforcement and building safety.
(b) Approval from the Louisiana Department of Health, office of public health.
(3) No residential home provider holding a Type I license shall receive any state or
federal funds, from any source, whether directly or indirectly. If a residential home provider
holding a Type I license receives any state or federal funds, its license shall be automatically
revoked.
C. The department shall prepare standard forms for applications and for inspection
reports.
D. A comprehensive review of all standards, rules, and regulations for all licenses
shall be made at least every three years by the department.
E. The secretary of the department, in specific instances, may waive compliance with
a minimum standard upon determination that the economic impact is sufficiently great to
make compliance impractical, as long as the health and well-being of the staff or children and
youth is not imperiled. If it is determined that the specialized provider or agency is meeting
or exceeding the intent of a standard or regulation, the standard or regulation may be deemed
to be met.
F. Discrimination by specialized providers and child-placing agencies on the basis
of race, color, creed, sex, national origin, disability as defined by R.S. 51:2232, ancestry, or
whether the child is being breastfed is prohibited. However, this shall not restrict the hiring
or admission policies of a church or religious organization, which may give preference in
hiring or admission to members of the church or denomination.
G. The department shall not regulate or attempt to regulate or control the religious
or spiritual content of the curriculum of a specialized provider sponsored by a church or
religious organization.
H. Nothing in the rules, regulations, and standards adopted pursuant to this Section
shall authorize or require medical examination, immunization, or treatment of any child
whose parents, or of any youth aged eighteen or above who, object to such examination,
immunization, or treatment on religious grounds.
I. Each residential home and maternity home facility shall have a written discipline
policy, which shall be made available to parents, to youth aged eighteen or above, and to
authorized inspection personnel upon request.

Legislative History

Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014; Acts 2016, No. 502, §1.