§1430. Operating in violation of regulations; penalties and fines
A.
(1)For violations related to supervision, criminal history record checks, state
central registry clearances, staff-to-child ratios, motor vehicle checks, or failure to report
critical incidents, the Department of Children and Family Services may issue a written
warning that includes a corrective action plan, in lieu of revocation, upon any person or
specialized provider violating these requirements if such condition or occurrence 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 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 departmen
Free access — add to your briefcase to read the full text and ask questions with AI
§1430. Operating in violation of regulations; penalties and fines
A.(1) For violations related to supervision, criminal history record checks, state
central registry clearances, staff-to-child ratios, motor vehicle checks, or failure to report
critical incidents, the Department of Children and Family Services may issue a written
warning that includes a corrective action plan, in lieu of revocation, upon any person or
specialized provider violating these requirements if such condition or occurrence 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 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 department. Such civil fine shall not exceed two hundred fifty dollars per day for each
assessment; however, the aggregate fines assessed for violations determined in any
consecutive twelve-month period shall not exceed two thousand dollars.
(2) The department shall adopt rules in accordance with the Administrative
Procedure Act which articulate factors in determining the type of sanction imposed including
the severity of risk, the actual harm and mitigating circumstances, the failure to implement
a written corrective action plan, the history of noncompliance, an explanation of the
treatment of continuing and repeat deficiencies, evidence of a good faith effort to comply,
and any other relevant factors. The authority to impose sanctions pursuant to this Section
shall commence on the effective date of the rules promulgated pursuant to this Section.
B. The department shall adopt rules and regulations in accordance with the
Administrative Procedure Act to provide for notice to the specialized provider or child-placing agency of any violation, for a departmental reconsideration process for sanctions
issued, and for an appeal procedure including judicial review. Such appeal shall be
suspensive. All appeals pursuant to this Subsection 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 division shall furnish to the facility or agency a copy of the decision, together
with notice of the manner for requesting judicial review. During the pendency of an appeal,
a specialized provider or child-placing agency may continue to receive funding for services
provided to those eligible children as determined by the department.
C. The department may institute any necessary civil court action to collect fines
imposed and not timely appealed. No specialized provider or child-placing agency shall
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 department in addition to the fines.
D.(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 "Specialized Provider Licensing Trust Fund",
hereinafter referred to as "the fund". The monies in the fund shall be subject to annual
appropriation and shall be available exclusively for use by the Department of Children and
Family Services for the education and training of employees, staff, or other personnel of
specialized provider and child-placing agencies.
(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.