2011 Louisiana Laws
Revised Statutes
TITLE 46 — Public welfare and assistance
RS 46:1413 — Rules, regulations, and standards for class b licenses

§1413. Rules, regulations, and standards for Class B licenses

A. The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act. These rules 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) Promote adequate supervision of those attending or residing in facilities by capable, qualified, and healthy personnel.

(4) Promote adequate and healthful food service in facilities and agencies where food is offered.

(5) Provide procedures for nighttime care.

(6) Provide procedures for the receipt, recordation, and disposition of complaints.

B. In addition, all child care facilities with Class B licenses shall comply with the following rules and regulations:

(1) All standards of fire and safety promulgated by the office of state fire protection of the Department of Public Safety and Corrections, in accordance with R.S. 40:1561 through 1636.

(2) All standards of fire and safety provided under the National Life Safety Code or such other national code or parts of such codes as promulgated by the office of state fire marshal of the Department of Public Safety and Corrections, in accordance with R.S. 40:1561 through 1636.

(3) All standards of health and sanitation promulgated by the office of public health of the Department of Health and Hospitals in accordance with R.S. 40:1 through 5.

(4) All local zoning ordinances and building standards.

(5) All laws against child abuse.

C. The standards for fire and safety promulgated by the office of state fire marshal shall regulate the following:

(1) Facility open to inspection at all times.

(2) Maximum legal occupancy.

(3) Minimum space requirements.

(4) One-hour fire walls.

(5) Fire alarm.

(6) Wiring, piping and fire extinguishers.

(7) Egress and ingress, halls, passageways.

(8) Emergency exits.

D. The standards for health and sanitation promulgated by the office of public health shall regulate the following:

(1) Facility open to inspection at all times.

(2) Employees free of communicable disease; if located in a private home, residents of home free of communicable disease.

(3) Reporting of communicable disease.

(4) Health and immunization records of children.

(5) Proper ventilation, heating, and cooling.

(6) Approved potable water supply.

(7) Proper refrigeration.

(8) Preparation, handling, and storage of food.

(9) Hand washing facilities.

(10) Clean and adequate bathrooms.

(11) Sufficient number of toilets.

(12) Approved sewage system.

E. No child care facility shall discriminate based on race, color, creed, disability, as defined in R.S. 51:2232(11), national origin, ancestry, or whether the child is being breast-fed. 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. Nor shall it affect the rights of religious sectarian child-placing agencies to consider creed in any decision or action relating to foster care or adoption.

F. No felon shall be employed in a Class B child care facility, unless approved in writing by a district judge of the parish and the local district attorney. This statement shall be kept on file at all times by the child care facility and shall be produced upon request to any law enforcement officer.

G. No person who has been treated for a psychiatric disorder shall be employed in a Class B child care facility, unless a treating physician has certified that the person has recovered and is able to perform his duties. This statement shall be kept on file at all times by the child care facility and shall be produced upon request to any law enforcement officer.

H. Every facility shall have a written discipline policy, which shall be made available to parents and to authorized inspection personnel upon request. Corporal punishment may be used in a facility only with the written permission of child's parent or guardian. The department may adopt rules regulating the use of corporal punishment. However, the department shall not prohibit corporal punishment when a parent or guardian has given the facility his written permission.

I. 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.

J. If the facility or agency is meeting or exceeding the intent of a rule, standard, regulation, or any provision of this Chapter, the standard, regulation or provision shall be deemed to be met.

K. Arrangements for the child's return to the parent shall not include third parties or other child care facilities unless written agreement between the child care facility and the parent is on file with the child care facility.

L. Nothing in the rules, regulations, and standards authorized in this Section shall control participation in prayer or attendance at religious services or control the content of any academic course.

M. 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.

N. 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 B day care centers as defined in R.S. 46:1403(A)(4).

Acts 1985, No. 286, §1; Acts 1990, No. 351, §2, eff. July 10, 1990; Acts 1993, No. 820, §8; Acts 2003, No. 369, §1; Acts 2009, No. 194, §2, eff. June 30, 2009.