Part I. Office of the Secretary

A. The Department of Children and Family Services (DCFS) maintains a central registry of all justified (valid) reported cases of child abuse and neglect.

B. - B.2. ...

C. Any current employee/volunteer 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 who discloses that their name was recorded subsequent to January 1, 2010 on the state central registry with a justified (valid) finding of abuse or neglect, or through reasonable suspicion, or as the result of information known or received by DCFS will have 10 calendar days from completion of the state central registry disclosure form to request a risk assessment evaluation in accordance with LAC 67:I.305 or shall be terminated immediately. As a condition of continued employment the employee/volunteer shall be directly supervised by another paid employee of the department, who has not disclosed that their name appears with a justified (valid) finding on the state central registry. Under no circumstances may the employee with the justified finding be left alone and unsupervised with the children pending the disposition of the Risk Evaluation Panel that they do not pose a risk to children. If the Risk Evaluation Panel finds the individual does pose a risk to children and the individual chooses not to appeal the finding, the employee/volunteer shall be terminated immediately. If the Risk Evaluation Panel finds the individual does pose a risk to children and the individual appeals the finding within the required timeframe, the employee/volunteer shall continue to have direct supervision at all times by another paid employee of the department who has not disclosed that they have a justified finding on the state central registry until a ruling by the DCFS Appeals Unit that they do not pose a risk to children. Supervision may end effective with such a ruling from the Appeals Unit. If the Appeals Unit upholds the Risk Evaluation Panel finding that they do pose a risk to children, they shall be terminated immediately.

D. In accordance with R.S. 46:1414.1(D) and 15:1110.2, any owner, operator, current or prospective employee, or volunteer of a child care facility or juvenile detention facility licensed by the department who discloses that he is currently recorded on the state central registry for a justified (valid) finding of abuse or neglect shall be entitled to a risk

evaluation provided by the department to determine whether the individual poses a risk to children.

AUTHORITY NOTE: Promulgated in accordance with the Louisiana Children's Code, Article 616, and Act 47, Act 221, and Act 388 of the 2009 Regular Session of the Louisiana Legislature.

HISTORICAL NOTE: Promulgated by the Department of Social Services, Office of the Secretary, LR 36:851 (April 2010), amended by the Department of Children and Family Services, Division of Programs, LR 39:

A. A risk evaluation panel (panel) is established to conduct risk assessment evaluations for an individual,l as listed in LAC 67:I.301.B and C, whose name appears on the state central registry, to determine if that individual poses a risk to children.

B.1. Members of the panel shall include:

a. child welfare manager 2 for field operations;

b. child welfare manager 2 for in home services;

c. child welfare manager 2 for out of home services;

d. risk evaluation panel coordinator;

e. for panel reviews relating to owners, operators, current or prospective employees, or volunteers of child care facilities and juvenile detention facilities, program manager 2 for licensing; and

f. any others designated by the DCFS deputy secretaries for the Division of Programs and Division of Field Operations as appropriate designees of those listed above or as deemed necessary to convene an appropriate panel.

C. - C.3. ...

AUTHORITY NOTE: Promulgated in accordance with Act 47 and Act 221 of the 2009 Regular Session of the Louisiana Legislature.

HISTORICAL NOTE: Promulgated by the Department of Social Services, Office of the Secretary, LR 36:851 (April 2010), amended by the Department of Children and Family Services, Division of Programs, LR 39:

A. - C.3. ...

D. The prospective or current employee must submit the information within 10 days of the request for a risk evaluation by mailing to:

Louisiana Department of Children and Family Services

Attention: Risk Evaluation Panel

627 North Fourth St., Third Floor

Baton Rouge, LA 70802

AUTHORITY NOTE: Promulgated in accordance with Act 47 and Act 221 of the 2009 Regular Session of the Louisiana Legislature.

HISTORICAL NOTE: Promulgated by the Department of Social Services, Office of the Secretary, LR 36:852 (April 2010), amended by the Department of Children and Family Services, Division of Programs, LR 39:

§307. Risk Determination Criteria

A. ...

1. The following information shall be used by the panel to make its determination including, but not limited to:

a. the nature of the abuse or neglect with which the individual was identified, including whether the abuse or neglect resulted in serious injury or death to a child or children;

b. the circumstances surrounding the commission of the abuse or neglect, including the age of the perpetrator and the children, that would demonstrate likelihood of repetition;

c. the period of time that has elapsed since the abuse or neglect occurred and whether prior incidents of child abuse or child neglect have been determined justified against the individual;

d. whether the abuse or neglect involved single or multiple child victims or whether there were more multiple allegations over a period of time to indicate a pattern of behavior;

e. the relationship of the incident of child abuse or neglect to the individual’s current or conditional job responsibilities within the department or facility;

f. evidence of rehabilitation such as employment, education, or counseling since the justified incident of abuse or neglect; and

g. letters of recommendation one of which must be from a former employer whenever possible.

C. ...

HISTORICAL NOTE: Promulgated by the Department of Social Services, Office of the Secretary, LR 36:852 (April 2010), amended by the Department of Children and Family Services, Division of Programs, LR 39:

A. - B. ...

C. The individual may file a request for an administrative appeal within 30 days of the mailing of the notice of the determination with the DCFS Appeals Unit. If the request for an administrative appeal is made by a current or prospective owner, employee or volunteer of a child care facility or juvenile detention facility, within 30 days of the mailing of the notice of the determination, that request shall be sent by the Appeals Unit to the Division of Administrative Law.

D. All decisions rendered by the administrative law judge within the Appeals Unit or the Division of Administrative Law are final and such decisions shall exhaust the individual's administrative appeal rights.

E. Within 30 days after the mailing date listed on the notice of the final decision by the Appeals Unit or the Division of Administrative Law, or if a rehearing is requested, within 30 days after the date of the decision thereon, the individual may obtain judicial review 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.

AUTHORITY NOTE: Promulgated in accordance with Act 47 and Act 221 of the 2009 Regular Session of the Louisiana Legislature.

HISTORICAL NOTE: Promulgated by the Department of Social Services, Office of the Secretary, LR 36:852 (April 2010), amended by the Department of Children and Family Services, Division of Programs, LR 39:
Suzy Sonnier

Secretary

1310#019
DECLARATION OF EMERGENCY

Department of Children and Family Services

Division of Programs

Economic StabilitySection

Use of TANF Benefits

In accordance with the provisions of the Administrative Procedure Act, R.S. 49:953(B), the Department of Children and Family Services (DCFS) proposes to adopt LAC 67:III, Subpart 2, Family Independence Temporary Assistance Program (FITAP), Chapter 12, Subchapter B, Section 1259, and Subpart 13, Kinship Care Subsidy Program (KCSP), Chapter 53, Subchapter B, Section 5351. This declaration is necessary to extend the original Emergency Rule since it is effective for a maximum of 120 days and will expire before the final Rule takes effect. This Emergency Rule extension is effective on October 25, 2013 and will remain in effect until the final Rule becomes effective.

Sections 1259, Use of FITAP Benefits, and 5351, Use of KCSP Benefits, adopt provisions necessary to prevent cash assistance provided under the FITAP and KCSP programs from being used in any electronic benefit transfer (EBT) transaction in a liquor store, gambling casino or gaming establishment, or any retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment purposes, or at any retailer for the purchase of an alcoholic beverage, a tobacco product, or a lottery ticket. Penalties are defined for recipients who are determined to violate these provisions.

Adoption is pursuant to Act 13 of the 2012 Regular Session of the Louisiana Legislature which authorizes DCFS to promulgate Emergency Rules to facilitate the expenditure of Temporary Assistance for Needy Families (TANF) funds. This action is aimed at preventing TANF transactions at specified locations and for certain types of purchases determined to be inconsistent with the purpose of TANF, which is financial assistance to help pay for the family’s ongoing basic needs, such as food, shelter, and clothing. This rule is necessary to comply with the Middle Class Tax Relief and Job Creation Act of 2012, Section 4004 (Pub. L. 112-96). Failure to adopt these provisions could result in noncompliance with federal regulations and the imposition of penalties.

A. FITAP benefits shall not be used in any electronic benefit transfer transaction in:

1. any liquor store;

2. any gambling casino or gaming establishment; or

3. any retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment purposes.

B. FITAP benefits shall not be used in any electronic benefit transfer transaction at any retailer for the purchase of:

1. an alcoholic beverage as defined in R.S. 14.93.10(3);

2. a tobacco product as defined in R.S. 14.91.6(B); or

3. a lottery ticket as defined in R.S. 47:9002(2).

C. For purposes of this Section, the following definitions and provisions apply.

1. The term:

Liquor Storeany retail establishment that sells exclusively or primarily intoxicating liquor. It does not include a grocery store that sells both intoxicating liquor and groceries, including staple foods.

2. The terms gambling casino and gaming establishment do not include a grocery store that sells groceries, including staple foods, and that also offers, or is located within the same building or complex as casino, gambling, or gaming activities, or any other establishment that offers casino, gambling, or gaming activities incidental to the principal purpose of the business.

3. The term:

Electronic Benefit Transfer Transactionthe use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service.

D. The FITAP case of a FITAP recipient who is determined to have violated the provisions of this Section shall be closed for the following time periods:

1. 12 months for the first offense;

2. 24 months for the second offense; and

3. permanently for the third offense.

AUTHORITY NOTE: Promulgated in accordance with P.L. 112-96.

HISTORICAL NOTE: Promulgated by the Department of Children and Family Services, Division of Programs, Economic Stability, LR 39:

Subpart 13. Kinship Care Subsidy Program (KCSP)

Chapter 53. Application, Eligibility, and Furnishing Assistance

Subchapter B. Conditions of Eligibility

§5351. Use of KCSP Benefits

A. KCSP benefits shall not be used in any electronic benefit transfer transaction in:

1. any liquor store;

2. any gambling casino or gaming establishment; or

3. any retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment purposes.

B. KCSP benefits shall not be used in any electronic benefit transfer transaction at any retailer for the purchase of:

1. an alcoholic beverage, as defined in R.S. 14.93.10(3);

2. a tobacco product, as defined in R.S. 14.91.6(B); or

3. a lottery ticket, as defined in R.S. 47:9002(2).

C. For purposes of this Section, the following definitions and provisions apply.

1. The term:

Liquor Storeany retail establishment that sells exclusively or primarily intoxicating liquor. It does not include a grocery store that sells both intoxicating liquor and groceries, including staple foods.

2. The terms gambling casino and gaming establishment do not include a grocery store that sells groceries, including staple foods, and that also offers, or is located within the same building or complex as casino, gambling, or gaming activities, or any other establishment that offers casino, gambling, or gaming activities incidental to the principal purpose of the business.

3. The term:

Electronic Benefit Transfer Transactionthe use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service.

D. The KCSP case of a KCSP recipient who is determined to have violated the provisions of this Section shall be closed for the following time periods:

1. 12 months for the first offense;

2. 24 months for the second offense; and

3. permanently for the third offense.

AUTHORITY NOTE: Promulgated in accordance with P.L. 112-96.

HISTORICAL NOTE: Promulgated by the Department of Children and Family Services, Division of Programs, Economic Stability, LR 39:
Suzy Sonnier

Secretary

1310#086
DECLARATION OF EMERGENCY

Student Financial Assistance Commission

Office of Student Finanical Assistance

Scholarship/Grant ProgramsTOPS Tuition

The Louisiana Student Financial Assistance Commission (LASFAC) is exercising the emergency provisions of the Administrative Procedure Act [R.S. 49:953(B)] to amend and re-promulgate the rules of the scholarship/grant programs [R.S. 17:3021-3025, R.S. 3041.10-3041.15, and R.S. 17:3042.1.1-3042.8, R.S. 17:3048.1, and R.S. 56:797(D)(2)].

This rulemaking amends the definition of tuition to provide that during the 2013-2014 academic year, tuition shall be the tuition amount published by the postsecondary institution. It further provides that beginning with the 2014-2015 academic year, tuition shall be the tuition amount as of August 1, 2013, published by the postsecondary institution plus any increase in tuition authorized by the legislature. This rulemaking also provides a requirement that the institution list the TOPS award amount on a student’s fee bill, whether paper or on-line, and that the TOPS award amount must be the same as the institution’s tuition amount listed on the fee bill.

This Emergency Rule is necessary to implement changes to the scholarship/grant programs to allow the Louisiana Office of Student Financial Assistance and state educational institutions to effectively administer these programs. A delay in promulgating rules would have an adverse impact on the financial welfare of the eligible students and the financial condition of their families. LASFAC has determined that these emergency rules are necessary in order to prevent imminent financial peril to the welfare of the affected students.

This Declaration of Emergency is effective September 17, 2013, and shall remain in effect for the maximum period allowed under the Administrative Procedure Act. (SG14150E)

Title 28

EDUCATION

Part IV. Student Financial Assistance―Higher Education Scholarship and Grant Programs

A. Words and terms not otherwise defined in this Chapter shall have the meanings ascribed to such words and terms in this Section. Where the masculine is used in these rules, it includes the feminine, and vice versa; where the singular is used, it includes the plural, and vice versa.

* * *

Tuition

a. through the fall semester or term and winter quarter of the 2010-2011 award year, the fee charged each student by a post-secondary institution to cover the student's share of the cost of instruction, including all other mandatory enrollment fees charged to all students except for the technology fee authorized by Act 1450 of the 1997 Regular Session of the Legislature:

i. which were in effect as of January 1, 1998;

ii. any changes in the cost of instruction authorized by the legislature and implemented by the institution after that date; and

iii. for programs with alternative scheduling formats that are approved in writing by the Board of Regents after that date. Any payment for enrollment in one of these programs shall count towards the student's maximum eligibility for his award:

(a). up to the equivalent of eight full-time semesters of postsecondary education in full-time semesters for the TOPS Opportunity, Performance and Honors Award; or

(b). up to the equivalent of two years of postsecondary education in full-time semesters and summer sessions for the TOPS Tech Award;

b. beginning with the spring semester, quarter or term of the 2010-2011 award year and through the spring semester, quarter, or term of the 2012-2013 award year:

i. the tuition and mandatory fees authorized in Subparagraph a above; or

ii. the tuition fee amount published by the postsecondary institution, whichever is greater;

c. beginning with the fall semester, quarter, or term of the 2013-2014 award year, the tuition amount as of August 1, 2013, published by the postsecondary institution for the 2013-2014 award year for paying students;

d. beginning with the fall semester, quarter, or term of the 2014-2015 award year, the tuition amount as of August 1, 2013, published by the postsecondary institution for the 2013-2014 award year for paying students, plus any increase authorized by the legislature which is not attributable to any fees. No fees or increases attributable to fees of any kind shall be included in the TOPS award amount. Stipends for TOPS Performance and Honors awards shall not be included in the TOPS award amount.

* * *

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3021-3036, R.S. 17:3042.1 and R.S. 17:3048.1.

A. - B.3. …

4. annually, all institutions are required to provide LASFAC a current fee schedule. The schedule must include an itemized description of the composition of the mandatory fees listed on the fee schedule, including the tuition amount, as those fees will appear on a student’s fee bill;

5. - 10.c. …

11.a. Beginning with the spring semester of 2014, for a public college or university to be permitted to bill for a TOPS award amount under the provisions of Section 1903.B.6 of these rules, the college or university must include on the student fee bill line items entitled:

i. “Tuition Only” that equals the TOPS award amount listed on the fee bill;

ii. “TOPS Award Amount” as defined in Section 301; and

iii. “TOPS Stipends” for TOPS Honors and Performance Award stipends. These amounts shall not be included in the “Tuition Only” or “TOPS Award Amount” line items.

b. There shall be no reference to a tuition amount on a student's fee bill other than as provided herein.

C. - G.2. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:3021-3036, R.S. 17:3042.1, 17:3041.10-3041.15, 17:3041.21-3041.26 and R.S. 17:3048.1 and R.S. 17:3050.1–3050.4.

HISTORICAL NOTE: Promulgated by the Student Financial Assistance Commission, Office of Student Financial Assistance, LR 22:338 (May 1996), repromulgated LR 24:645 (April 1998), amended LR 24:1914 (October 1998), LR 25:1459 (August 1999), LR 26:1998 and 2002 (September 2000), repromulgated LR 27:1864 (November 2001), amended LR 28:448 (March 2002), LR 28:775 (April 2002), LR 28:1760 (August 2002), LR 28:2333 (November 2002), LR 30:784 (April 2004), LR 30:1166 (June 2004), LR 31:40 (January 2005), LR 31:3111, 3114 (December 2005), LR 33:1340 (July 2007), LR 35:1233 (July 2009), LR 35:1490 (August 2009), LR 35:1491 (August 2009), LR 36:2857 (December 2010), LR 39:

General Counsel

1310#009
DECLARATION OF EMERGENCY

Office of the Governor

Boxing and Wrestling Commission

Safety Requirements (LAC 46:XI.305 and 707)

The Louisiana state Boxing and Wrestling Commission does hereby exercise the emergency provisions of the Administrative Procedure Act, R.S. 49:953(B), and 49:967(D), and adopts the following rules. The Louisiana state Boxing and Wrestling Commission, by this Emergency Rule, will make changes to Chapter 3, Professional Boxing rule §305, Contestant, and introduce to Chapter 7, Mixed Technique Events rule, §707, Safety, to require fighters with breast implants to submit to the commission, annually, a completed “release to compete with breast implants.” This Emergency Rule is necessary in order to further ensure the health and safety of boxing and mixed technique contestants, to inform fighters of the risks involved and to protect promoters and this commission from any liability which may arise from any injuries incurred in a boxing or mixed technique event. A copy of the release to compete with breast implants is available for review by interested parties at the commission website, louisianaboxing.org.

This Emergency Rule is effective September 11, 2013, and will remain in effect for a period of 120 days, unless renewed by the commissioner or until adoption of the final Rule, whichever occurs first.