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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).

NOTE: Subparagraph (A)(1)(b) eff. until the promulgation of certain rules

by the Dept. of Children and Family Services. See Acts 2017, No. 348, §7.

(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.

NOTE: Subparagraph (A)(1)(b) eff. upon the promulgation of certain rules

by the Dept. of Children and Family Services. See Acts 2017, No. 348, §7.

(b) The department has conducted a search of the state 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. 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

justified determination, in accordance with Children's Code Article 616.1.1 and the

procedures promulgated by the department.

NOTE: Paragraphs (A)(2) and (3) eff. until the promulgation of certain rules

by the Dept. of Children and Fmaily Services. See Acts 2017, No. 348, §7.

(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.

NOTE: Paragraphs (A)(2) and (3) eff. upon the promulgation of certain rules

by the Dept. of Children and Family Services. See Acts 2017, No. 348, §7.

(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.

NOTE: Paragraphs (A)(4) through (11) eff. until the promulgation of certain

rules by the Dept. of Children and Family Services. See Acts 2017, No. 348,

§7.

(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.

NOTE: Paragraphs (A)(4) through (11) repealed upon the promulgation of

certain rules by the Dept. of Children and Family Services. See Acts 2017,

No. 348, §7.

(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.

NOTE: Paragraphs (A)(13) eff. until the promulgation of certain rules by the

Dept. of Children and Family Services. See Acts 2017, No. 348, §7.

(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.

NOTE: Paragraphs (A)(13) repealed upon the promulgation of certain rules

by the Dept. of Children and Family Services. See Acts 2017, No. 348, §7.

(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 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).

(2) 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 the prospective foster or

adoptive parent has not been convicted of or pled nolo contendere to a felony listed in R.S.

40:966(C) and (E), 967(C), 968(C), 969(C), or 970(C) unless five or more years have elapsed

between the date of placement and the date of successful completion of any sentence,

deferred adjudication, or period of probation or parole.

(3) No child shall be placed by the department into a home where the prospective

foster or adoptive parent has been convicted of or pled nolo contendere to a felony listed in

Paragraph (2) of this Subsection until the individual has submitted to and passed an initial

drug test and has provided written consent to any plan of random drug testing required by the

department for the duration of the placement. Any required drug tests shall be at the expense

of the individual.

(4) Nothing in this Subsection shall be construed to prohibit or prevent the

department or its employees from considering prior convictions in determining whether to

place a child in a foster home for temporary care or for adoption.

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.

NOTE: Subparagraph (E)(1)(d) eff. until the promulgation of certain rules

by the Dept. of Children and Family Services. See Acts 2017, No. 348, §7.

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

NOTE: Subparagraph (E)(1)(d) repealed upon the promulgation of certain

rules by the Dept. of Children and Family Services. See Acts 2017, No. 348,

§7.

(d) Repealed by Acts 2017, No. 348, §5.

NOTE: Paragraph (E)(2) eff. until the promulgation of certain rules by the

Dept. of Children and Family Services. See Acts 2017, No. 348, §7.

(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.

NOTE: Paragraph (E)(2) eff. upon the promulgation of certain rules by the

Dept. of Children and Family Services. See Acts 2017, No. 348, §7.

(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:

NOTE: Paragraph (F)(1) eff. until the promulgation of certain rules by the

Dept. of Children and Family Services. See Acts 2017, No. 348, §7.

(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.

NOTE: Paragraph (F)(1) eff. upon the promulgation of certain rules by the

Dept. of Children and Family Services. See Acts 2017, No. 348, §7.

(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.

NOTE: Subsection H eff. until the promulgation of certain rules by the Dept.

of Children and Family Services. See Acts 2017, No. 348, §7.

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.

NOTE: Subsection H eff. upon the promulgation of certain rules by the Dept.

of Children and Family Services. See Acts 2017, No. 348, §7.

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.

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; Acts 2014, No. 406, §1; Acts 2017, No. 348, §§3, 5, special

eff. date.

*NOTE: See Acts 1985, No. 286.

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Local Government
Louisiana
5
2
0
John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
form
child
information
listed
criminal
determined
pled
convicted
nolo
contendere