2011 Louisiana Laws
Revised Statutes
TITLE 46 — Public welfare and assistance
RS 46:51.2 — Criminal history and central registry information

§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 central registry of justified abuse or neglect, hereafter referred to as "central registry", reports and has determined that the individual's name is not recorded therein, or if an individual's name is recorded on the central registry, a risk evaluation panel has determined in writing that the individual does not pose a risk to children. The search shall be limited to those names recorded on the central registry subsequent to the effective date of the rules and regulations promulgated pursuant to Paragraph (3) of this Subsection.

(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 subsequent to the effective date of the rules and regulations promulgated on the central registry reports pursuant to Paragraph (3) of this Subsection shall be terminated by the department unless a risk evaluation panel has determined in writing that the individual does not pose a risk to children.

(3) The department shall promulgate rules and regulations to implement Paragraphs (1) and (2) of this Subsection. The rules and regulations shall include but not be limited to establishing eligibility and other criteria for risk evaluation requests and establishing criteria for risk evaluation determinations. Any such determination by the risk evaluation panel shall be kept on file at all times by the department.

(4) After the risk evaluation, the office of community services shall provide the individual who is the subject of the evaluation the decision of the panel in writing. If the panel determines that the individual poses a risk to children, he may file a request for an administrative appeal within thirty days of the mailing of the notice of the determination with the department's bureau of appeals. The bureau of appeals shall provide notice of the request for the appeal to the office of community services.

(5) The department, through its bureau of appeals, shall provide for a system of administrative hearings and is responsible for the fulfillment of all hearing provisions as described under this Subsection. All decisions rendered by an administrative law judge within the bureau of appeals are final and such decisions shall exhaust the individual's administrative remedy.

(6) The department, through its subordinate administrative law judge conducting the administrative proceeding authorized hereunder, shall conduct the proceeding and shall have authority to administer oaths and affirmations, issue subpoenas, and to otherwise regulate the conduct of the proceeding as provided by law, or in the absence of such a law, as specified and authorized by R.S. 49:955 et seq. The deposit or payment of witness fees ordinarily required of an individual who desires to subpoena a witness shall not be required if the individual desiring the issuance of the subpoena is an indigent person as determined by the presiding administrative law judge.

(7) Within thirty days after the mailing date listed on the notice of the final decision by the department's bureau of appeals, or if a rehearing is requested, within thirty days after the date of the decision thereon, an individual who is the subject of the determination may obtain judicial review thereof by filing a petition for review of the decision in the Nineteenth Judicial District Court or the district court of the domicile of the individual. When the petition is filed in an improper venue, the court of improper venue shall transfer the case to the district court of the domicile of the individual who is the subject of the determination or to the Nineteenth Judicial District Court.

(8) If after a contradictory administrative hearing with the office of community services or after the judicial review, the judge determines that the individual poses a risk to children and the decision has become final, the individual shall be terminated.

(9) Except as provided by Paragraphs (5) and (6) of this Subsection, all adjudicatory and review proceedings under this Subsection shall be governed by the Administrative Procedure Act.

(10) All information pertaining to the review or proceedings authorized by this Subsection is confidential. The administrative law judge or district court judge shall take all necessary actions, such as sealing the record from public disclosure and conducting confidential proceedings, to maintain the confidentiality of all records and proceedings.

(11) The department shall promulgate rules and regulations necessary to carry out its mandate under this Subsection.

(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) The department shall conduct an assessment of the impact and cost of utilizing the information on the central registry to prohibit individuals from owning, operating, being employed by, or volunteering at a child care or child residential facility licensed by the department and shall develop a statewide implementation plan prior to requesting that funds be appropriated for utilizing such information. The assessment and implementation plan shall include a proposed appeals and review process. The department shall submit a report of the assessment results, anticipated costs, and implementation plan to the legislature for its consideration in appropriation decisions. Upon appropriation of the funds by the legislature and subject to its approval, the department shall implement the plan to utilize the information on the central registry to prohibit individuals from owning, operating, being employed by, or volunteering at a child care or child residential facility licensed by the department.

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. No child shall be newly placed in a foster home for temporary care, except for emergency placement, or for adoption until it is determined that no adult living in such home has been convicted of or pled nolo contendere to a crime listed in R.S. 15:587.1(C).

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 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) Persons living in a registered family child day care home.

(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 or who lives in a registered family child day care home.

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) A child-caring institution, child-placing agency, maternity home, group home, or day care center all as defined in R.S. 46:1403; and

(b) A family child day care home registered under the Child Care Registration Law, R.S. 46:1441 et seq.

(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 care or child residential 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 child care or child residential facilities 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 child care or child residential facilities 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 child care or child residential facilities 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 child care or child residential facilities licensed by the department. The department shall maintain the confidentiality of criminal history information received in accordance with applicable federal or state law.

Acts 1986, No. 760, §3, eff. Jan. 1, 1987; Acts 1989, No. 14, §3; Acts 1994, 3rd Ex. Sess., No. 55, §1, eff. July 7, 1994; Acts 1997, No. 1067, §1; Acts 1999, No. 1144, §2, eff. Jan. 1, 2000; Acts 2008, No. 649, §3; Acts 2009, No. 47, §1, eff. June 15, 2009; Acts 2009, No. 221, §2, eff. Jan. 1, 2010.

*NOTE: See Acts 1985, No. 286.