Contents september 2009 I. Executive order

Residential Licensing (LAC 67:V.Chapters 61-71)

In accordance with R.S. 49:950 et seq., the Administrative Procedure Act, notice is hereby given that the Department of Social Services, Office of Community Services, intends to promulgate rules in the Louisiana Administrative Code (LAC) Title 67, Part V. Subpart 8. Residential Licensing, to comply with Acts 388 and 400 of the 2009 Regular Session of the Louisiana Legislature.

Act No. 400 of the 2009 Regular Legislative Session requires the transfer of functions related to the licensure of child care facilities, other than daycare centers, and child placing agencies, and related matters, from the Office of the Secretary to the Office of Community Services within the Department of Social Services.

LAC 67:I Chapters 11, 13, 15, 17, and 19 were moved to LAC 67:V in the newly adopted Subpart 8 by a Rule published in the August 2009 issue of the Louisiana Register and renumbered as follows.

In this Notice of Intent LAC 67 Chapters 63, 65 and 67 (previous Chapters 13, 15 and 17) will remain intact without amendment. Chapter 61 and 69 (previous Chapters 11 and 19) are being repealed. Licensing regulations previously contained in these two chapters have been consolidated and rewritten. It is the intent of the Office of Community Services to promulgate those licensing regulations as Chapter 71. Child Residential Care in accordance with R.S. 46:1401 et seq.

Additionally, Act 388 mandates the disclosure of recordation on the state central registry for owners, operators, current or prospective employees, and volunteers in child care facilities licensed by the department. This requirement is being incorporated into the new child residential licensing regulations of Chapter 71.

Title 67

SOCIAL SERVICES

Part V. Community Services

Chapter 61. Emergency Shelter

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:477 and R.S. 46:1401-1424.

HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources Office of the Secretary Division of Licensing and Certification, LR 13:246 (April 1987), repromulgated by the Department of Social Services, Office of the Secretary, Bureau of Residential Licensing, LR 33:2669 (December 2007), repromulgated by the Department of Social Services, Office of Community Service, LR 35:1543 (August 2009), repealed LR 35:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:477 and R.S. 46:1401-1424.

HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Office of the Secretary, Division of Licensing and Certification, LR 13:246 (April 1987), repromulgated by the Department of Social Services, Office of the Secretary, Bureau of Residential Licensing, LR 33:2669 (December 2007), repromulgated by the Department of Social Services, Office of Community Service, LR 35: 1543 (August 2009), repealed LR 35:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:477 and R.S. 46:1401-1424.

HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Office of the Secretary, Division of Licensing and Certification, LR 13:246 (April 1987), repromulgated by the Department of Social Services, Office of the Secretary, Bureau of Residential Licensing, LR 33:2670 (December 2007), repromulgated by the Department of Social Services, Office of Community Service, LR 35: 1543 (August 2009), repealed LR 35:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:477 and R.S. 46:1401-1424.

HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Office of the Secretary, Division of Licensing and Certification, LR 13:246 (April 1987), repromulgated by the Department of Social Services, Office of the Secretary, Bureau of Residential Licensing, LR 33:2672 (December 2007), repromulgated by the Department of Social Services, Office of Community Service, LR 35: 1543 (August 2009), repealed LR 35:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:477 and R.S. 46:1401-1424.

HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Office of the Secretary, Division of Licensing and Certification, LR 13:246 (April 1987), repromulgated by the Department of Social Services, Office of the Secretary, Bureau of Residential Licensing, LR 33:2673 (December 2007), repromulgated by the Department of Social Services, Office of Community Service, LR 35:1543 (August 2009), repealed LR 35:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:477 and R.S. 46:1401-1424.

HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Office of the Secretary, Division of Licensing and Certification, LR 13:246 (April 1987), repromulgated by the Department of Social Services, Office of the Secretary, Bureau of Residential Licensing, LR 33:2674 (December 2007), repromulgated by the Department of Social Services, Office of Community Service, LR 35: 1543 (August 2009), repealed LR 35:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:477 and R.S. 46:1401-1424.

HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Office of the Secretary, Division of Licensing and Certification, LR 13:246 (April 1987), repromulgated by the Department of Social Services, Office of the Secretary, Bureau of Residential Licensing, LR 33:2676 (December 2007), repromulgated by the Department of Social Services, Office of Community Service, LR 35: 1543 (August 2009), repealed LR 35:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:477 and R.S. 46:1401-1424.

HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Office of the Secretary, Division of Licensing and Certification, LR 13:246 (April 1987), repromulgated by the Department of Social Services, Office of the Secretary, Bureau of Residential Licensing, LR 33:2677 (December 2007), repromulgated by the Department of Social Services, Office of Community Service, LR 35: 1543 (August 2009), repealed LR 35:

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:477 and R.S. 46:1401-1424.

HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Office of the Secretary, Division of Licensing and Certification, LR 13:246 (April 1987), repromulgated by the Department of Social Services, Office of the Secretary, Bureau of Residential Licensing, LR 33:2678 (December 2007), repromulgated by the Department of Social Services, Office of Community Service, LR 35: 1543 (August 2009), repealed LR 35:

Chapter 63. Foster Care/Substitute Family Care

§6301. Definitions

NOTE: This Section has been moved from LAC 67:I.1301.

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:477 and R.S. 46:1401-1424.

HISTORICAL NOTE: Promulgated by the Department of Social Services, Office of Community Service, LR 35:

§6303. Qualifications

NOTE: This Section has been moved from LAC 67:I.1303.

A. Age

1. Foster parent(s) shall have a birth certificate or other document as evidence that they meet the following age requirements.

b. Persons receiving initial approval as foster parent(s) shall be less than 65 years of age.

2. Except with regard to the above age limitations, the age of foster parent(s) shall be considered only as it affects the ability of the foster parent(s) to care for the client(s).

B. Marital Status

1. Foster parent(s) shall be either a single person or a legally married couple.

C. Income

1. Foster parent(s) shall have sufficient income to meet their needs and ensure the security and stability of the household, independent of foster care maintenance payments.

D. Employment

1. A single foster parent or a foster parent couple who both work outside the home shall have a plan for caring for client(s) approved by the placing agency.

2. Foster parent(s) shall obtain approval from the placing agency for a business conducted in the home, demonstrating that the activities related to this business will not interfere with the care of the client(s).

a. A foster home shall not be used as a lodging for transient roomers or as a day care center for non-related children.

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:477 and R.S. 46:1401-1424.

HISTORICAL NOTE: Promulgated by the Department of Social Services, Office of Community Service, LR 35:

§6305. Personal Characteristics

NOTE: This Section has been moved from LAC 67:I.1305.

A. General

1. Foster parent(s) shall demonstrate emotional stability, good character, a responsible adult life style, freedom from excessive use of alcohol or use of illegal drugs and the ability to provide appropriate supervision, humane care, reasonable discipline and a home-like environment for the client(s).

a. Foster parent(s) shall demonstrate a capacity for setting realistic expectations for behavior and performance based on age, abilities and disabilities of the client(s).

b. Foster parent(s) shall demonstrate the emotional stability of a healthy adult as evidenced by a willingness to discuss and deal appropriately with their own feelings of anger, frustration, sorrow, conflict and affection and those of others.

B. Criminal Record Check

1. Foster parent(s) and all other members of the household 18 years of age or older shall sign a release for a criminal record check and shall be free of convictions, indictment or substantial evidence of involvement in any criminal activity involving violence against a person, serious sexual misconduct, gross irresponsibility or disregard for the safety of others or serious violations of accepted standards or ethical conduct.

a. Exceptions to the above requirement shall be made, at the discretion of the placing agency, when the criminal activity is not recent or is not sufficiently serious to warrant disqualification and poses no current or future threat to the health, safety, or well-being of the client(s).

C. References

1. Foster parent(s) shall provide the names, addresses and telephone numbers of five persons who may be contacted by the placing agency as personal references.

a. At least three of the required references shall be persons not related to the foster parent(s) by blood or marriage.

D. Informed Consent of Household

1. Foster parent(s) shall ensure that all members of the household are informed of and agree to the acceptance of the client(s) into the home.

a. Exceptions to the above requirement shall be made, at the discretion of the placing agency, when the household member involved is incapable of communication or informed decision-making and poses no threat to the health, safety or well-being of the client(s).

E. Health

1. Foster parent(s) shall, as required by the placing agency, provide information on the physical and mental health history of every member of the household.

2. Members of the household must be free of communicable diseases, specific illnesses or disabilities which would either endanger the health of the client(s) or interfere with the capability of the household to provide adequate care for the client(s).

3. Foster parent(s) shall, on request, provide a medical statement from a licensed physician verifying that household members are free of communicable diseases, specific illnesses or disabilities which would either endanger the health of the client(s) or interfere with the capability of the household to provide adequate care for the client(s).

4. Handicapping conditions of foster parent(s) or household members are to be considered only as they affect the ability of the household to care for the client(s).

F. Physical Examination

1. Prior to initial approval of the foster home, a licensed physician shall examine the foster parent(s) and certify that they are free of tuberculosis and other communicable diseases, specific illnesses or disabilities which would either endanger the health of the client(s) or interfere with the capability of the foster parent(s) to care for the client(s).

a. Physical examinations shall be updated every three years. Tuberculosis scans are not required for follow-up examinations.

b. Foster parent(s) shall obtain a physical examination and provide a written report on the findings of this examination whenever required to do so by the placing agency.

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:477 and R.S. 46:1401-1424.

HISTORICAL NOTE: Promulgated by the Department of Social Services, Office of Community Service, LR 35:

NOTE: This Section has been moved from LAC 67:I.1307.

A. Training

1. Foster parent(s) shall complete an initial orientation and training program involving at least six hours of training activities prior to accepting the first foster client.

a. Exceptions to the above requirements may be granted when a client requires emergency placement. In such circumstances, the foster parents shall receive the initial six hours of training within 90 days of the placement of the initial client.

2. Foster parent(s) shall participate in at least 15 hours of approved training and consultation activities each year. These hours may be shared between both persons in a foster parent couple, but each person must receive at least five hours of training.

a. Exceptions to the above requirement may be granted at the discretion of the placing agency when foster parent(s) are considered sufficiently trained or experienced to provide high-quality foster care.

B. Records

1. Foster parent(s) are responsible for keeping records on the client(s) as required by the placing agency. Each client's record shall contain at least the following information:

a. client's name, age, religion and, if available, birth date;

b. names, addresses and telephone numbers of the client's caseworker and other representatives of the placing agency involved in monitoring the placement;

c. emergency telephone number(s) for obtaining consent for medical treatment;

d. date on which the client arrives and date the client leaves the home;

e. records on immunizations and medical treatment;

f. name, address and phone number of the client's physician;

g. a listing of any serious illnesses or hospitalization;

h. information regarding serious food or drug allergies and other chronic or handicapping conditions;

i. dates of family visits;

j. school reports or employment records;

k. names of relatives with whom contact may be maintained.

2. Foster parent(s) shall maintain records in a confidential manner which ensures that a client's record will not be read by persons not involved in the client's care and treatment. The client's record shall be given to the placing agency when the client leaves the foster home.

C. Capacity

1. Foster parent(s) shall not exceed the following maximum capacities of foster homes.

a. SFC foster parent(s) shall care for a maximum of four clients.

b. All other foster parent(s) shall have no more than eight dependents, including clients and their own children and shall care for a maximum of six clients.

c. Exceptions to the above maximum capacities may be granted at the discretion of the placing agency, when such exceptions will not have an adverse effect on the care of clients already in the home.

2. Foster parent(s) shall not care for more than two children who are under the age of two years, including their own children.

a. Exceptions to the above requirements may be granted at the discretion of the placing agency when such exception is considered to present no risk to the care of clients.

D. Relationship with the Placing Agency

1. Foster parent(s) shall cooperate with the placing agency staff in home surveys and in the ongoing monitoring of the foster home.

a. Foster parent(s) shall provide the placing agency any information reasonably related to compliance with these requirements and shall allow representatives of the placing agency access to any member of the household and into all rooms within the home.

2. Foster parent(s) shall notify the placing agency prior to allowing any person to take up residence in the foster home.

3. Foster parent(s) shall notify the placing agency immediately in any of the following circumstances:

a. a serious injury or illness involving medical treatment of the client;

b. the death of a client;

c. unauthorized absence of the client from the home;

d. removal of the client from the home by any person or agency other than the placing agency; or attempts at such removal;

e. any fire or other emergency requiring evacuation of the home;

f. any serious altercations involving clients;

g. any involvement of client(s) with authorities;

h. in no instance shall notification of any of the above circumstances be given later than 12 hours after the occurrence.

4. Foster parent(s) shall inform the placing agency at least four weeks prior to a planned move of the family home.

5. Foster parent(s) shall inform the placing agency as soon as possible in any of the following circumstances:

a. any serious illness or death in the household;

b. the departure of any member of the household;

c. any other circumstances or incident seriously affecting clients or client care.

E. Goal-Setting Conference

1. Foster parent(s) will participate in an annual goal-setting conference with the placing agency to evaluate the strengths and weaknesses of the foster home and of the supportive relationships of placing agency representatives with foster parent(s). This conference will result in a brief written plan, provided by the placing agency to all parties to improve services and relationships.

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:477 and R.S. 46:1401-1424.

HISTORICAL NOTE: Promulgated by the Department of Social Services, Office of Community Service, LR 35:

NOTE: This Section has been moved from LAC 67:I.1309.

A. The Care and Treatment Team

1. Foster parent(s) will work cooperatively with placing agency representatives as members of a treatment team responsible for planning, providing and discussing the total care and services provided to each client.

a. Foster parent(s) shall fully disclose all information related to a client's problems or progress to placing agency representatives.

2. Foster parent(s) shall treat any personal information about a client or the client's family in a confidential manner.

B. Support System

1. Foster parent(s) shall have an adequate support system for supervising and providing care for client(s) on an ongoing basis while allowing foster parent(s) opportunities for conducting personal business and for enjoying occasional breaks from the responsibility for caring for client(s).

a. Any person given the responsibility for the client(s) on a regular basis must be identified to and approved by the placing agency.

C. The Client's Family

1. When the client is minor when and adult client's family is available and accepting of contact with the client, foster parent(s) shall maintain a working relationship with the client's family in accordance with the client's service plan and in cooperation with placing agency staff. In such circumstances, the foster parent(s) will participate in planning for and providing visits by the client with his/her biological parents, friends, and other family members.

2. Foster parent(s) shall allow biological parents and other family members to communicate with the client by mail and by telephone in accordance with the client's service plan.

D. Client Care

1. Daily Routine

a. Foster parent(s) shall provide a flexible daily routine for the client(s). This routine shall be similar to the routine of other family home and shall be developed to be appropriate to each client's age and abilities.

i. Opportunities shall be provided for experiencing normal social life in the community, for recreation, for appropriate physical exercise and for intellectual, spiritual and emotional growth.

2. Household Tasks

a. Foster parent(s) shall only expect a client to perform household tasks which are within the client's abilities, are reasonable for the client's age and are similar to those expected of other household members.

b. Foster parent(s) shall as appropriate, teach the client(s) the tasks and skills required for independent life in the community.

3. Food and Nutrition

a. Foster parent(s) shall ensure that each client is provided with three nutritionally balanced meals a day and shall, in accordance with the client's service plan or on the advice of a licensed physician, provide for special dietary needs of a client.

i. The dietary laws of a client's religion shall be observed in the food provided to that client.

4. Clothing

a. Foster parent(s) shall ensure that each client is provided with adequate, well-fitting, clean clothing appropriate to the season and to the client's age, sex, activities and individual needs. Clothing shall be in good repair and shall be reasonably fashionable and in style.

i. A client's clothing shall be of a quality commensurate with that of other household members and shall meet community standards.

ii. A client's clothing shall be his/her own, not shared in common.

iii. A client's clothing shall go with the client at the time of discharge.

iv. Second-hand shoes shall not be provided.

5. Personal Belongings

a. Foster parent(s) shall ensure that each client is provided with clean towels, washcloths, his/her own toothbrush, his/her own comb or hair brush and other toiletry items suitable to the client's age and sex.

b. Foster parent(s) shall allow the client(s) to bring, possess and acquire personal belongings subject only to reasonable household rules and the client's service plan.

i. Personal belongings shall be sent with the client when he/she leaves the home.

6. Money

a. Foster parents shall ensure that the client(s) have the opportunity to have spending money in amounts appropriate to their age and abilities, either through a regular allowance, paid work, employment or money paid directly to the client from other sources.

i. A client's money from any source shall be his/her own and may be subject to restrictions only according to his/her service plan.

ii. Clients shall not be required to pay for any mandated foster home service, except according to their service plans.

iii. Clients shall not be required to pay for necessary toiletry items.

b. Foster parent(s) shall, as appropriate to the client's age and abilities make every effort to teach good habits of money management, budgeting and shopping.

7. Hygiene

a. Foster parent(s) shall, through careful daily monitoring, make every effort to teach a client good habits of personal hygiene and grooming appropriate to the client's sex, age and culture.

8. Heritage

a. Foster parent(s) shall recognize, encourage and support the religious beliefs, ethnic heritage and language of a client and his/her family.

b. Foster parent(s) shall allow a client freedom to express his/her feelings about his/her family, past, current status and future.

c. Foster parent(s) shall, whenever possible, arrange transportation for clients to attend religious services or ethnic events in the community.

9. Discipline and Control

a. Foster parent(s) shall provide loving and humane discipline and control for a client as appropriate to the client's age and understanding.

i. Methods of control shall stress praise and encouragement for good behavior, rather than punishments for bad behavior.

b. Foster parent(s) shall not allow the client(s) to be subjected to verbal abuse, derogatory remarks about themselves or their families or threats of removal from the foster home.

c. Foster parents shall not use the following punishments or permit their use by others on clients:

i. any cruel, severe, humiliating or unusual punishment;

ii. corporal punishment;

iii. denial of adequate nourishment, shelter, clothing or other basic services;

iv. denial of family contact when used as a punishment;

v. physically strenuous exercise or harsh work;

vi. isolation in a locked room or any closet or other enclosed space;

vii. isolation in an unlocked room for more than one hour.

d. Foster parent(s) shall not punish a client for bedwetting or any other action currently beyond the client's control.

e. Foster parent(s) shall not allow a client to be punished by other clients, by individuals not known to the client or by any person not authorized to care for the client.

10. Exploitation and Client Rights: Foster parent(s) shall ensure that clients are protected from exploitation in any form and are allowed to enjoy the normal rights, freedoms and responsibilities of community life subject only to reasonable household rules, age-appropriate restrictions and restrictions in accordance with the client's service plan.

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:477 and R.S. 46:1401-1424.

HISTORICAL NOTE: Promulgated by the Department of Social Services, Office of Community Service, LR 35: