§51.2. Criminal history and central registry information
A.
(1)No person shall be hired by the department whose duties include the
investigation of child abuse or neglect, supervisory or disciplinary authority over children,
direct care of a child, or performance of licensing surveys, until both the following conditions
are met:
(a)The person has submitted his fingerprints to the Louisiana Bureau of Criminal
Identification and Information and it has been determined that the person has not been
convicted of or pled nolo contendere to a crime listed in R.S. 15:587.1(C).
(b)The department has conducted a search of the state central registry of
substantiated abuse or neglect, hereafter referred to as "central registry", reports and has
determined that the individual's name is not recorded t
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§51.2. Criminal history and central registry information
A.(1) No person shall be hired by the department whose duties include the
investigation of child abuse or neglect, supervisory or disciplinary authority over children,
direct care of a child, or performance of licensing surveys, until both the following conditions
are met:
(a) The person has submitted his fingerprints to the Louisiana Bureau of Criminal
Identification and Information and it has been determined that the person has not been
convicted of or pled nolo contendere to a crime listed in R.S. 15:587.1(C).
(b) The department has conducted a search of the state central registry of
substantiated abuse or neglect, hereafter referred to as "central registry", reports and has
determined that the individual's name is not recorded therein. The search shall be limited to
those names recorded on the state central registry subsequent to January 1, 2010. If the
individual's name is or was entered on the state central registry that individual may make a
formal written request 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 department.
(2) Any employee of the department whose duties include the investigation of child
abuse or neglect, supervisory or disciplinary authority over children, direct care of a child,
or performance of licensing surveys and whose name is recorded on the state central registry
subsequent to January 1, 2010, shall be terminated by the department. A permanent
classified employee shall not be terminated until he has exhausted his administrative appeal
rights pursuant to Children's Code Article 616.1.1.
(3) The department shall promulgate rules and regulations, in accordance with the
Administrative Procedure Act, necessary to implement the provisions of this Subsection.
(4)-(11) Repealed by Acts 2017, No. 348, §5.
(12) No person shall be hired by any organization listed in Subsection F of this
Section until such person has submitted his fingerprints to the Louisiana Bureau of Criminal
Identification and Information and it has been determined that such person has not been
convicted of or pled nolo contendere to a crime listed in R.S. 15:587.1(C). The provisions
of this Section shall also apply to volunteers of such organizations.
(13) Repealed by Acts 2017, No. 348, §5.
B. No operator, staff person, or employee of a juvenile detention, correction, or
treatment facility shall be hired by the department until such person has submitted his
fingerprints to the Louisiana Bureau of Criminal Identification and Information and it has
been determined that such person has not been convicted of or pled nolo contendere to a
crime listed in R.S. 15:587.1(C).
C.(1) No prospective foster or adoptive parent or relative guardian shall be finally
approved for placement of a child or to receive kinship guardian assistance payments until
it is determined that the prospective foster or adoptive parent, or relative guardian and any
other adult living in the home of the relative guardian, does not have any of the following:
(a) A felony conviction for child abuse or neglect; for spousal abuse; for a crime
against children, including child pornography or child sexual abuse materials; or for a crime
involving violence including rape, sexual assault, or homicide, but not including other assault
or battery.
(b) A felony conviction for physical assault, battery, or a drug-related offense which
occurred within the past five years.
(c) A felony conviction for a crime listed in R.S. 15:587.1(C), other than a crime
listed in Subparagraph (a) or (b) of this Paragraph, unless an assessment of the circumstances
of the crime and of the current situation of the prospective foster or adoptive parent, or
relative guardian and any other adult living in the home of the relative guardian, has been
conducted by the department and it has been determined that the child would not be at risk
if placed in the home.
(2) Nothing in this Subsection shall be construed to prohibit or prevent the
department or its employees from considering any prior convictions of the prospective foster
or adoptive parent, relative guardian, or any other adult living in the household in
determining whether to place a child in a foster home for temporary care or for adoption. For
the purposes of this Paragraph, "any other adult living in the household" does not include a
youth participating in the Extended Foster Care Program.
D. The department shall establish by regulation requirements and procedures
consistent with the provisions of R.S. 15:587.1 under which such determination shall be
made. For those listed in Subsection A, B, or C of this Section, this regulation shall include
the requirement and the procedure for the submission of fingerprints in a form acceptable to
the Bureau of Criminal Identification and Information.
E.(1) The department shall establish by regulation requirements and procedures
consistent with the provision of R.S. 15:587.1 under which the organizations listed in
Subsection F of this Section may request information concerning whether or not a person in
one of the following categories has been arrested for or convicted of or pled nolo contendere
to any criminal offense:
(a) Employees.
(b) Candidates for employment.
(c) Volunteer workers.
(d) Repealed by Acts 2017, No. 348, §5.
(2) This information may be requested only about a person who has, or has applied
or volunteered for, a position in the organization which includes supervisory or disciplinary
authority over children.
F. Any responsible officer or official, as the department may determine, of the
following organizations or the department may request the specified criminal history
information:
(1) A child-placing agency, maternity home, or residential home as defined
in R.S. 46:1403 or a juvenile detention facility.
(2) Any other organization that the department determines, upon request of the
organization, to have supervisory or disciplinary authority over children outside of the home
to such extent that the department determines that the well-being and safety of children
justifies giving the organization access to the specified criminal history information of those
who work or have volunteered to work with the organization.
(3)(a) Any other child care provider organization with the prior written consent of
the person whose criminal history information is being requested. As used in this Paragraph,
the term "child care" means the provision of care, treatment, education, training, instruction,
supervision, or recreation to children by persons having unsupervised access to a child. The
check shall be conducted by the Department of Public Safety and Corrections, division of
state police, for a reasonable fee established by the department. As used in this Paragraph,
the term "provider" shall include a person who is employed by or volunteers with a child care
provider organization. As used in this Paragraph, the term "child care provider organization"
shall include but not be limited to "Big Brother/Sister" programs and scouting programs.
(b) The Department of Public Safety and Corrections, division of state police, shall
not be liable in civil damages for failure to provide the criminal history checks requested nor
shall the child care provider be liable in civil damages for failure to make such a request.
G. Notwithstanding any other provision of law, the department is prohibited from
receiving or releasing the results of a national criminal history check unless the receipt or
release is permitted by federal law or regulation.
H.(1) The department shall execute a survey to assess the impact and cost of
conducting national criminal history records checks and all arrest records checks on potential
owners, operators, employees, and volunteers of a child-placing agency, maternity home,
residential home, or juvenile detention facility licensed by the department and develop a
statewide implementation plan prior to requesting that funds be appropriated for conducting
the searches. The department shall submit a report of the survey results, anticipated costs,
and implementation plan to the legislature for their consideration in appropriation decisions.
The department shall implement the plan to conduct national criminal history records checks
on potential owners, operators, employees, or volunteers of a child-placing agency, maternity
home, residential home, or juvenile detention facility licensed by the department only upon
the appropriation of funds by the legislature for such purpose.
(2) Upon appropriation of funds by the legislature and implementation of the plan
in accordance with Paragraph (1) of this Subsection, the Bureau of Criminal Identification
and Information shall make available to the department, all criminal history record
information as defined in R.S. 15:576 related to potential owners, operators, employees, or
volunteers of a child-placing agency, maternity home, residential home, or juvenile detention
facility licensed by the department.
(3) Upon appropriation of funds by the legislature and implementation of the plan
in accordance with Paragraph (1) of this Subsection, the Bureau of Criminal Identification
and Information shall facilitate national criminal history record checks of potential owners,
operators, or employees, or volunteers of a child-placing agency, maternity home, residential
home, or juvenile detention facility licensed by the department by receiving and forwarding
fingerprint cards to the Federal Bureau of Investigation. The department is authorized to
receive and screen the results of the state and national criminal history record checks in order
to assess the criminal history of a potential owner, operator, employee, or volunteer of a
child-placing agency, maternity home, residential home, or juvenile detention facility
licensed by the department. The department shall maintain the confidentiality of criminal
history information received in accordance with applicable federal or state law.
*NOTE: See Acts 1985, No. 286.