§1407. Rules, regulations, and standards for licenses

A. The department shall promulgate regulations for each type of license to carry out the provisions of this Chapter in accordance with the provisions of the Administrative Procedure Act.

B.(1) The regulations developed by the department, at a minimum, shall accomplish all of the following:

(a) Promote the health, safety, and welfare of children and youth attending any specialized provider.

(b) Promote safe, comfortable, and proper physical facilities of specialized providers.

(c) Ensure adequate supervision of those attending specialized providers by capable, qualified, and healthy personnel.

(d) Ensure adequate and healthy food service in specialized providers where food is offered.

(e) Prohibit discrimination by specialized providers on the basis of race, color, creed, sex, national origin, disability, ancestry, or whether the child is being breastfed. However, nothing in this Subparagraph shall be construed to affect, limit, or otherwise restrict any of the following:

(i) The hiring or admission policies of a licensed specialized provider owned by a church or religious organization, which may give preference in hiring or admission to members of the church or denomination.

(ii) The rights of religious sectarian child-placing agencies to consider creed in any decision or action relating to foster care or adoption.

(f) Require residential home and maternity home providers to 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 person legally responsible for any child or to any youth aged eighteen or above referred for placement.

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

(h) Include regulations and standards for nighttime care.

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

(j) Include procedures for the return of a child to his parent. Arrangements for the child's return to his 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.

(2) Any specialized provider approved by the department shall be required to have all of the following:

(a) Approval from the Department of Public Safety and Corrections, office of the state fire marshal, code enforcement and building safety.

(b) Approval from the Louisiana Department of Health, office of public health.

(3) No residential home provider holding a Type I license shall receive any state or federal funds, from any source, whether directly or indirectly. If a residential home provider holding a Type I license receives any state or federal funds, its license shall be automatically revoked.

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

D. A comprehensive review of all standards, rules, and regulations for all licenses shall be made at least every three years by the department.

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

F. Discrimination by specialized providers and child-placing agencies on the basis of race, color, creed, sex, national origin, disability as defined by R.S. 51:2232(11), ancestry, or whether the child is being breastfed is prohibited. 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.

G. The department shall not regulate or attempt to regulate or control the religious or spiritual content of the curriculum of a specialized provider sponsored by a church or religious organization.

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, or of any youth aged eighteen or above who, object to such examination, immunization, or treatment on religious grounds.

I. Each residential home and maternity home facility shall have a written discipline policy, which shall be made available to parents, to youth aged eighteen or above, and to authorized inspection personnel upon request.

Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 811, §24, eff. June 23, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014; Acts 2016, No. 502, §1.