2011 Louisiana Laws
Revised Statutes
TITLE 46 — Public welfare and assistance
RS 46:1409 — Rules, regulations and standards for class a licenses

§1409. Rules, regulations and standards for Class A licenses

A. The department shall promulgate rules and regulations for Class A facilities to carry out the provisions of this Chapter in accordance with the provisions of the Administrative Procedure Act. The department shall submit the proposed rules and regulations for approval in accordance with the Administrative Procedure Act. The department shall seek input and guidance from the Louisiana Advisory Council on Child Care and Early Education, pursuant to R.S. 46:1414, concerning proposed rules, regulations and standards for licensure of Class A day care centers as defined in R.S. 46:1403(A)(4).

B. The rules and regulations developed by the department, at a minimum, shall:

(1) Promote the health, safety, and welfare of children attending or residing in any facility or agency.

(2) Promote safe, comfortable, and proper physical facilities.

(3) Insure adequate supervision of those attending or residing in facilities by capable, qualified, and healthy personnel.

(4) Insure adequate and healthy food service in facilities and agencies where food is offered.

(5) Prohibit discrimination by child care facilities and child placement agencies on the basis of race, color, creed, sex, national origin, handicapping condition, ancestry, or whether the child is being breast-fed. A provider shall 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 legally responsible person for any child referred for placement.

(6) Include procedures by which parents and guardians are given an opportunity for consultation and information about the educational and therapeutic programs for the individual in attendance or residence.

(7) Include regulations and standards for nighttime care.

(8) Include procedures for the receipt, recordation, and disposition of complaints.

(9) Include procedures for the child's return to the parents. Arrangements for the child's return to the 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.

C. The department shall prepare standard forms for applications and for inspection reports.

D. A comprehensive review of all standards, rules, and regulations for Class A facilities shall be made at least every three years by the department, subject to the approval of the oversight subcommittees of the House Committee on Health and Welfare and the Senate Committee on Health and Welfare.

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 and/or children is not imperiled. If it is determined that the facility or agency is meeting or exceeding the intent of a standard or regulation, the standard or regulation may be deemed to be met.

F. The department shall not regulate or attempt to regulate or control the content of the curriculum of a school or facility sponsored by a church or religious organization as long as the civil or human rights of the children are not violated.

G. Nothing in this Chapter, including but not limited to R.S. 46:1409(B)(5), shall be construed to affect the right of religious sectarian child-placing agencies to consider creed in any decision or action relating to foster care or adoption.

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 object to such examination, immunization, or treatment on religious grounds.

Acts 1985, No. 286, §1; Acts 2003, No. 369, §1; Acts 2005, No. 332, §1, eff. June 30, 2005; Acts 2009, No. 194, §2, eff. June 30, 2009.