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Rs 14:91.15 Unlawful Operation Of An Unlicensed Child Day Care Center

§91.15. Unlawful operation of an unlicensed child day care center

A. It shall be unlawful for any person or other entity to do either of the following:

(1) Continue to operate a child day care center after notification by the Department

of Education that the person or other entity operating the facility should seek a license as

provided for in Part X-B of Chapter 1 of Title 17 of the Louisiana Revised Statutes of 1950,

comprised of R.S. 17:407.31 through 407.53.

(2) Continue to operate a child day care center after the Department of Education has

revoked a license to operate a child day care center that was previously issued to the person

or other entity as provided for in Part X-B of Chapter 1 of Title 17 of the Louisiana Revised

Statutes of 1950, comprised of R.S. 17:407.31 through 407.53.

B. For the purposes of this Section, "child day care center" means any place or

facility operated by any institution, political subdivision, society, agency, corporation, person

or persons, or any other group for the purpose of providing care, supervision, and guidance

of seven or more children, not including those related to the caregiver, unaccompanied by

parent or legal custodian, on a regular basis for at least twelve and one-half hours in a

continuous seven-day week. If a child day care center provides transportation or arranges for

transportation to and from the center, either directly or by contract with third parties, all

hours during which a child is being transported shall be included in calculating the hours of

operation.

C. Whoever commits the crime of unlawful operation of an unlicensed child day care

center shall be subject to the following penalties:

(1) For a first offense violation of this Section, the violator shall be fined not more

than one thousand dollars or imprisoned for not more than six months, or both.

(2) For a second offense violation of this Section, the violator shall be fined not more

than two thousand five hundred dollars or imprisoned for not more than six months, or both.

Furthermore, the violator shall be ineligible to apply for a license to operate a child day care

facility or operate a child day care facility for up to twenty-four months.

(3) For a third or subsequent offense violation of this Section, the violator shall be

fined not more than five thousand dollars or imprisoned for not more than twelve months,

or both. Furthermore, the violator shall be ineligible to apply for a license to operate a child

day care facility or operate a child day care facility for up to forty-eight months.

D. In accordance with R.S. 17:407.31 et seq., the Department of Education shall be

responsible for the investigation of any unlicensed day care center to determine if the center

is required by law to have a license issued by the department and to determine if the center

is operating without a valid license issued by the department. After conducting any

necessary investigation, the department shall make a determination with respect to licensing

status, and collect any evidence necessary with respect to violations of the licensing laws.

All evidence and findings by the department shall be submitted to a law enforcement agency

for any arrest for a violation of the provisions of this Section.

Acts 2016, No. 411, §1.

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

Keywords
license
care
child
center
education
operate
unlicensed
issued
operating
entity