la-202609-e810d4f093: Child Welfare—Licensing and Certification

B. - B.2.u.…

3.If the initial licensing packet is incomplete, the applicant will be notified of the missing information and will have 180 calendar days to submit the additional requested information. If the department does not receive the additional requested information within the 180 calendar days, the application will be closed and the fee forfeited. After an initial licensing application is closed, an applicant who is still interested in becoming a residential home provider shall submit a new initial licensing packet with a new initial licensing fee to restart the initial licensing process. B.4. - E.4.… 5.The department may close a license if, after one year from the date the license was issued, the provider has received no placements. Prior to closure, the department shall notify the provider in writing and afford the provider 30 calendar days to demonstrate activity.

F. - H.3.…

I.Appeal Process for Denial, Non-Renewal, or Revocation 1.The DCFS Licensing Section, shall advise the applicant, program director, or owner by letter of the reasons for non-renewal or revocation of the license, or denial of an application, and the right of appeal. If the program director or owner is not present at the facility, delivery of the written reasons for such action may be made to any staff of the facility. Notice to a staff shall constitute notice to the facility of such action and the reasons therefore. A request for appeal shall include a copy of the letter from the Licensing Section that notes the reasons for revocation, denial, or non-renewal, together with the specific areas of the decision the appellant believes to be erroneous and/or the specific reasons the decision is believed to have been reached in error, and shall be mailed to: Department of Children and Family Services, Licensing Section, P.O. Box 3078, Baton Rouge, LA 70821. 2. - 4.… 5.The Licensing Section shall notify the Division of Administrative Law of receipt of an appeal request. Division of Administrative Law shall conduct a hearing. The appellant will be notified by DAL of the decision, either affirming or reversing the original decision. H.6. - L6.… AUTHORITY NOTE:Promulgated in accordance with R.S. 36:477, R.S.46:1401 et seq., and R.S. 46:1414.1. HISTORICAL NOTE:Promulgated by the Department of Social Services, Office of Community Services, LR 36:807 (April 2010), amended LR 36:843 (April 2010), amended by the Department of Children and Family Services, Child Welfare Section, LR 36:1463 (July 2010), amended by the Department of Children and Family Services, Division of Programs, Licensing Section, LR 38:977, 984 (April 2012), amended by the Department of Children and Family Services, Licensing Section, LR 43:249 (February 2017), LR 43:1725 (September 2017), amended by the Department of Children and Family Services, Licensing Section, LR 45:519 (April 2019), effective May 1, 2019, LR 46:673 (May 2020), effective June 1, 2020, LR 49:848 (May 2023), effective June 1, 2023, amended by the Department of Children and Family Services, Division of Child Welfare, LR 52: §7109.Critical Violations/Fines

A. - H.2.…

a.If DCFS finds that the Licensing Section’s assessment of the fine is justified, the provider shall have 15 calendar days from the receipt of the reconsideration letter to appeal the decision to the Division of Administrative Law (DAL). A request for appeal shall include a copy of the letter from the Licensing Section that notes the reasons for assessment of the fine and a copy of the reconsideration decision letter together with the specific areas of the decision the appellant believes to be erroneous and/or the specific reasons the decision is believed to have been reached in error, and shall be mailed to Department of Children and Family Services, Licensing Section, P.O. Box 3078, Baton Rouge, LA 70821 b.The DCFS Licensing Section shall notify the DAL of receipt of an appeal request. DAL shall conduct a hearing in accordance with the Administrative Procedure Act and shall render a decision. The appellant will be notified by letter from DAL of the decision, either affirming or reversing the department’s decision. 2.c. - 4.… AUTHORITY NOTE:Promulgated in accordance with R.S. 46:1401 et seq. HISTORICAL NOTE:Promulgated by the Department of Children and Family Services, Licensing Section, LR 43:258 (February 2017), amended LR 43:1725 (September 2017), LR 44:1991 (November 2018), effective December 1, 2018, amended by the Department of Children and Family Services, Licensing Section, LR 45:521 (April 2019), effective May 1, 2019, LR 46:674 (May 2020), effective June 1, 2020, amended LR 47:1845 (December 2021), amended by the Department of Children and Family Services, Division of Child Welfare, LR 52: §7111.Provider Requirements

A. - A.3.b.…

c.Documentation of experience for program director and service plan manager shall be verified in writing by previous employer and shall state the job title held, whether the work was full-time or part-time, and the period worked. Documentation of education shall be verified by a copy of the individual’s degree or transcript. d.Direct Care Worker. A direct care worker hired on or after August 1, 2016, shall be at least 21 years of age and have a high school diploma or equivalency and at least two years post-high school job experience, or at least 60 credit hours of undergraduate education in a human services field. 4. - 7.d.… e.Effective August 1, 2016, staff in facilities licensed to care for children under age two years or facilities providing services for children of residents shall complete the “reducing the risk of SIDS in early education and child care” training provided or approved by the department, within their first 15 working days of employment or prior to having sole responsibility for residents or children of residents, whichever occurs first. Documentation of completion shall be the certificate obtained upon completion of the training. Annual training for this topic is required within one year from the issue date of the previous certificate. f.All direct care staff shall receive certification in adult cardiopulmonary resuscitation (CPR) and first aid within 45 days of employment. Effective August 1, 2016, if residents or children of residents under the age of 10 are accepted into the program, then staff shall also obtain a certificate in infant/child CPR. No staff member shall be left unsupervised with residents or children of residents until he/she has completed all required training. CPR and first aid shall be updated prior to the expiration of the certification as indicated on the certification. Training shall be obtained from a provider identified on the DCFS website or otherwise approved by the department. Online-only training is not acceptable. 8. - 8.c.… d.All direct care staff shall have documentation of current certification in adult CPR and first aid obtained from a provider identified on the DCFS website or otherwise approved by the department, renewed within one year from the date on the previous certificate. Effective August 1, 2016, if residents or children of residents under the age of 10 are accepted into the program, then staff shall also obtain a certificate in infant/child CPR. No staff member shall be left unsupervised with residents or children of residents until he/she has completed all required training. Online-only training is not acceptable. e.Effective August 1, 2016, all staff currently employed shall complete the DCFS “mandated reporter training” provided by the department annually, within one year from the date on the previous year’s certificate.. Documentation of completion shall be the certificate obtained upon completion of the training. f.Staff in facilities licensed to care for children under age two years or facilities providing services for children of residents shall annually complete the “Reducing the risk of SIDS in early education and child care” training provided or approved by the department, within one year from the date on the previous year’s certificate. Documentation of completion shall be the certificate obtained upon completion of the training. A.9. - B.1.a.iii.… iv.insurance policies. Every provider shall maintain in force at all times current comprehensive general liability insurance policy, property insurance, and insurance for all vehicles used to transport residents or children of residents. This policy shall be in addition to any professional liability policies maintained by the provider and shall extend coverage to any staff member who provides transportation for any resident or child of a resident in the course and scope of his/her employment. Commercial automobile liability coverage shall be maintained for all facility-owned vehicles and for all staff personal vehicles used to transport residents or children of residents; 1.a.v. - 4.a.… b.Each resident’s record shall contain at least the following information: i. - xvi.… xvii.a summary of all visitors and contacts including dates, name, relationship, telephone number, address, the nature of such visits/contacts, and feedback, if indicated from the family; B.4.b.xviii. - H.… I.Repealed. 1.Repealed. J.Recalled Products 1.The provider shall post the current copy of “The Safety Box” newsletter issued by the Office of the Attorney General as required by chapter 55 of title 46 of R.S. 46:2701-2711. The current copy shall be posted within seven calendar days of receipt from the department. Items listed as recalled in the newsletter shall not be used and shall be immediately removed from the premises. The provider shall document that the facility was examined and that items listed as recalled were removed from the premises. AUTHORITY NOTE:Promulgated in accordance with R.S. 36:477 and R.S. 46:1401 et seq. HISTORICAL NOTE:Promulgated by the Department of Social Services, Office of Community Service, LR 36:811 (April 2010), amended by the Department of Children and Family Services, Division of Programs, Licensing Section, LR 38:979, 984 (April 2012), LR 42:221 (February 2016), amended by the Department of Children and Family Services, Licensing Section, LR 43:261 (February 2017), LR 43:1725 (September 2017), LR 44:1992 (November 2018), effective December 1, 2018, amended by the Department of Children and Family Services, Licensing Section, LR 45:521 (April 2019), effective May 1, 2019, LR 46:674 (May 2020), effective June 1, 2020, amended LR 47:1846 (December 2021), amended by the Department of Children and Family Services, Division of Child Welfare, LR 52: §7115.Resident Protection

A. - A.5.b.…

6.Participation in Program Development a. - c.… d.Residents and children of residents have the right to consult with clergy and participate in religious services in accordance with his/her faith but shall not be forced to attend religious services or punished for not participating in religious services. The provider shall have and adhere to a written policy of its religious orientation and particular religious practices that are observed. This description shall be provided to the resident, child of a resident, and the legal guardian(s). When appropriate, the provider shall determine the wishes of the legal guardian(s) with regard to religious observance and make every effort to ensure that these wishes are carried out. The provider shall, whenever possible, arrange transportation and encourage participation by those residents or children of residents who desire to participate in religious activities in the community. 7.Acknowledgement of Resident a.… b.Each resident shall be informed, within 24 hours of intake, of how and where to safely evacuate the facility during an emergency situation. The acknowledgement of understanding shall be signed and dated by the resident and program director, or designee. B.Prohibited Practices 1.The provider shall have a written list of prohibited practices, within 24 hours of intake, by staff members. Staff members shall not be allowed to engage in any of the prohibited practices. Staff shall not promote or condone these prohibited practices between residents or children of residents. This list shall include the following: B.1.a. - E.7.… 8.Restraints are only to be used as a measure of last resort and only by employees trained by a certified trainer under a program that aligns with the nationally accredited standards. Where the certified trainer is an employee of the facility, that employee shall hold a current train-the-trainer credential issued by a nationally recognized restraint training program. A single person restraint can only be initiated in a life-threatening crisis in a situation where the youth is causing, or at risk of causing, harm to himself or others. Restraint by a peer is prohibited. Staff performing a personal restraint on a resident with specific medical conditions must be trained on risks posed by such conditions. 9.As soon as possible, but no later than 72 hours, after the use of a personal restraint, the provider shall provide and document debriefing. Separate debriefing meetings must be held with senior staff and the staff members(s) involved, the resident involved, witnesses to the event, and the resident’s legal guardian, if indicated. E.10. - F.14.f.… AUTHORITY NOTE:Promulgated in accordance with R.S. 36:477 and R.S. 46:1401 et seq. HISTORICAL NOTE:Promulgated by the Department of Social Services, Office of Community Service, LR 36:819 (April 2010), amended by the Department of Children and Family Services, Division of Programs, Licensing Section, LR 38:985 (April 2012), amended by the Department of Children and Family Services, Licensing Section, LR 43:274 (February 2017), amended by the Department of Children and Family Services, Division of Child Welfare, LR 52: §7117.Provider Services

A. - A.5.…

6.Whether educational services are provided on or off-site, all residents and children of residents of school age shall be enrolled in and attending the least restrictive available option of either a school program approved by the Department of Education or an alternative educational program approved by the local school board within five school days of admission to the facility. Children of residents residing in the facility shall attend school off site. 7. - 14.k.… B.Daily Living Responsibilities 1.Routines a.The provider shall have and adhere to a written schedule of daily routines for residents designed to provide for reasonable consistency and timeliness in daily activities, in the delivery of essential services to residents, and in the provision of adequate periods of recreation, privacy, rest, and sleep. Daily routines shall allow flexibility and shall accommodate resident-selected activities consistent with a family-like environment. b. - f.… g.The provider shall provide opportunities for residents and children of residents to engage in activities consistent with their age, ability, interests, and permanency goals. The provider shall document weekly, in the resident's record, the activities in which the resident participated, and the activities offered to the resident. h.The provider shall offer skill-building activities connected to treatment and discharge planning, based on the resident's age and independent living skills needs as assessed by the provider. i.The provider shall allow residents to maintain friendships and social connections outside the facility, subject to the resident's service plan. B.2. - C.2.… 3.The provider shall maintain a master menu, including appropriate substitutions, which is written and approved annually, by a registered dietician. Substitutions to the master menu do not require the approval of a registered dietician, provided that any substitution is of equal nutritional value. a.The provider shall post the written menu for the current week in an area regularly used by residents. C.3.b. - D.1.a.viii.… 2.Medical Care a.The provider shall ensure that a medical examination by a physician or nurse practitioner for the resident or child of a resident is conducted within one month of admission unless the resident or child of a resident has received such an examination within 30 days before admission and the results of this examination are available to the provider. If the resident or child of a resident is being transferred from another residential home and has had a medical examination within the last 12 months, a copy of this examination may be obtained to meet the requirement of the admission medical examination. If a resident or child of a resident experiences a sudden medical emergency or develops a condition requiring medication before the admission examination is conducted, the provider shall obtain emergency medical care immediately. The medical examination shall include: D.2.a.i - F.19.… AUTHORITY NOTE:Promulgated in accordance with R.S. 36:477 and R.S. 46:1401 et seq. HISTORICAL NOTE:Promulgated by the Department of Social Services, Office of Community Service, LR 36:823 (April 2010), amended by the Department of Children and Family Services, Division of Programs, Licensing Section, LR 38:985 (April 2012), amended by the Department of Children and Family Services, Licensing Section, LR 43:278 (February 2017), LR 43:1725 (September 2017), LR 46:675 (May 2020), effective June 1, 2020, amended LR 47:1847 (December 2021), amended by the Department of Children and Family Services, Division of Child Welfare, LR 52: §7119.Physical Environment

A. - A.13.…

B.Interior Space 1.The provider shall have and adhere to policies and procedures to ensure that the facility maintains a safe, clean, orderly, and homelike environment. The provider shall create and maintain a family-like physical environment, including adequate furnishings. 2.… 3.The facility shall have sufficient living and program space available for residents and children of residents to gather for reading, study, relaxation, structured group activities, and visitation. Space shall be available that allows for confidentiality for family visits, counseling, groups, and meetings. The living areas shall contain such items as television, puzzles, age-appropriate books, magazines, and newspapers. 4.Living and dining areas accessible to residents shall have ample, unencumbered floor space appropriate to the number of residents and to their ages and sizes. 5. - 9.… C.Dining Areas 1.The provider shall have dining areas that permit residents, children of residents, staff, and visitors to eat together and create a homelike environment. Dining areas shall be arranged in the manner of a family kitchen or dining room. Meals shall not be served by cafeteria line service. The provider shall ensure that residents are given the opportunity to participate in meal planning, preparation, cooking, cleaning up, and washing clothes, consistent with their age and ability. C.2. - D.9.b.… 10.Each resident shall have a solidly constructed bed that is comfortable and similar in appearance to a bed found in a family home. Beds that are institutional in appearance, including hospital beds, shall not be used unless required by the documented medical needs of the resident. Cots or other portable beds shall be used on an emergency basis only and shall not be in use for longer than one week. 11. - 15.… 16.Security and video cameras are prohibited in resident bedrooms and bathrooms. There are exceptions to resident bedrooms: a.a camera may be used in the bedroom of a resident over the age of five years only where the resident has developmental, medical, or behavioral needs that pose a risk to the resident's safety, and only with written authorization signed and dated by the legal guardian obtained prior to use; b.cameras may be present in an infant’s designated sleeping area; however, any such camera shall remain stationary and shall not possess movement or rotation capability, in order to ensure the mother’s privacy while she is in the room or asleep.

A. - B.3.…

4.All child-placing agency locations shall be licensed; satellite and branch offices are not permitted. All transitional placing locations operating under a child-placing agency license shall be located within the same parish as the licensed child-placing agency office.

C. - E.4.…

AUTHORITY NOTE:Promulgated in accordance with R.S. 46:1407(D). HISTORICAL NOTE:Promulgated by the Department of Children and Family Services, Licensing Section, LR 45:352 (March 2019), effective April 1, 2019, amended by the Department of Children and Family Services, Division of Child Welfare, LR 52: §7311.Licensing Requirements—Foster Care, Adoption, Transitional Placing

A. - A.7.…

8.In order to maintain a license, a CPA shall operate at least one day per week for at least four consecutive hours. This four hour timeframe shall occur Monday through Friday between the hours of 7:30 am and 5 pm. The program director or his designee shall be present on site during the operating hours designated under this Paragraph. 9. - 11.… 12.The provider shall notify the Licensing Section in writing of a child placing office closure of more than 14 calendar days. Notification shall be submitted within five calendar days prior to the scheduled closure or within three calendar days of an unscheduled closure. Notification shall include child-placing agency’s name, license number, dates, the reason for closure, and provider signature. Closures of more than 30 calendar days render the license null and void. If a licensed provider, or a person affiliated with a licensed provider, seeks to serve as a foster or adoptive parent, the provider shall obtain certification through another licensed child-placing agency. That agency shall perform all certification and placement functions for the home, including completion and approval of the home study, approval of placements, and post-placement supervision. 13. - 18.… 19.The department may close a license if, after one year from the date the license was issued, the provider has received no placements and has certified no foster or adoptive homes. Prior to closure, the department shall notify the provider in writing and afford the provider 30 calendar days to demonstrate activity.

B. - N.2.…

a.If DCFS finds that the licensing section’s assessment of the fine is justified, the provider shall have 15 calendar days from the receipt of the reconsideration letter to appeal the decision to the Division of Administrative Law (DAL). A request for appeal shall include a copy of the letter from the Licensing Section that notes the reasons for assessment of the fine and a copy of the reconsideration decision letter together with the specific areas of the decision the appellant believes to be erroneous and/or the specific reasons the decision is believed to have been reached in error, and shall be mailed to Department of Children and Family Services, Licensing Section, P.O. Box 3078, Baton Rouge, LA 70821 b.The DCFS Licensing Section shall notify the DAL of receipt of an appeal request. DAL shall conduct a hearing in accordance with the Administrative Procedure Act and shall render a decision. The appellant will be notified by DAL of the decision, either affirming or reversing the DCFS’s decision. 2.c. - 4.… AUTHORITY NOTE:Promulgated in accordance with R.S. 36:477 and R.S. 46:1401 et seq. HISTORICAL NOTE:Promulgated by the Department of Children and Family Services, Licensing Section, LR 45:359 (March 2019), effective April 1, 2019, LR 46:681 (May 2020), effective June 1, 2020, amended LR 47:350 (March 2021), effective April 1, 2021, repromulgated LR 47:441 (April 2021), amended LR 47:1847 (December 2021), LR 49:848 (May 2023), effective June 1, 2023, amended LR 50:1447 (October 2024) , effective November 1, 2024, amended by the Department of Children and Family Services, Division of Child Welfare, LR 52: §7313.Administration and Operation

A. - C.12.…

13.Repealed. C.14. - H.5.…. 6.The program director shall possess at least one of the following qualifications if hired on or after April 1, 2019: a. - c.… d.six years of work experience in a human services field or a combination of college credits and work experience for a total of six years. Applicants may receive credit for college coursework in business, management, or a human service field with 15 credit hours substituting for 6 months of work experience not to exceed 60 credit hours. Documentation of work experience required under this Subsection shall be verified in writing by the previous employer and shall state the job title held, whether the work was full-time or part-time, and the period worked. H.7. - J.7.… 8.All staff hired effective January 1, 2022, whose job duties will include working with adoptive parents, birth parents, or children and youth and their adoptive families shall complete adoption competency training as provided or approved by the department prior to working unsupervised with adoptive parents, birth parents, or children and youth and their adoptive families. Documentation of training shall be available for review. Staff whose job duties include providing foster care services shall instead complete training on the topics required by these standards. The department may approve a substitution for all or part of the training required under this Paragraph based on the individual's education and experience.

K. - K.6.…

7.All staff hired prior to January 1, 2022 who currently work with adoptive parents, birth parents, or children and youth and their adoptive families shall complete adoption competency training as provided or approved by the department. Documentation of training shall be available for review. The department may approve a substitution for all or part of the training required under this Paragraph based on the individual's education and experience.

L. - U.5.…

AUTHORITY NOTE:Promulgated in accordance with R.S. 46:1407(D). HISTORICAL NOTE:Promulgated by the Department of Children and Family Services, Licensing Section, LR 45:368 (March 2019), effective April 1, 2019, LR 46:683 (May 2020), effective June 1, 2020, LR 47:351 (March 2021), effective April 1, 2021, repromulgated LR 47:441 (April 2021), amended LR 47:1848 (December 2021), amended by the Department of Children and Family Services, Division of Child Welfare, LR 52: §7314.Criminal Background Checks

A. - A.1.…

a.Staff shall have a criminal background check on file with the child-placing agency in accordance with R.S.15:587.1 and R.S 46:51.2. A satisfactory fingerprint-based criminal background check shall be obtained through the Federal Bureau of Investigation (FBI) using the application processing system designated by the department. b. - h.… B.Criminal Background Checks for Contractors—Foster Care and Adoption 1.Contractors who provide services to children/youth unaccompanied by paid staff or have access to children/youth unaccompanied by a paid staff shall have on file a satisfactory fingerprint-based check from the Federal Bureau of Investigation (FBI), obtained through the application processing system designated by the department. This check shall be obtained prior to providing services unaccompanied by a paid staff or having access to children/youth unaccompanied by a paid staff. a.No contractor shall provide services until such person has submitted his or her fingerprints to the FBI and it has been determined that such person has not been convicted of or pled guilty or nolo contendere to any crime listed in R.S. 15:587.1(C). B.1.b. - C.4.… D.Criminal Background Checks for Prospective Staff and Volunteers effective June 1, 2020—Transitional Placing 1.Effective June 1, 2020, and in accordance with Public Law 115-123 and R.S. 15:587.1, documentation of a satisfactory fingerprint-based criminal background check through the FBI is required prior to the individual (paid and non-paid staff and volunteers) being present in the facility or having access to children/youth. No person who has been convicted of or pled guilty or nolo contendere to any offense included in R.S. 15:587.1 shall be hired by or present in any capacity in the facility. D.2. - F.2.… 3.Contractors hired to perform work which involves contact with children/youth shall be required to have documentation of a satisfactory fingerprint-based criminal background check through the FBI as required by R.S. 15:587.1 and R.S. 46:51.2. The check shall be obtained through the application processing system designated by the department. This check shall be obtained prior to the individual being present in the agency or having access to the children/youth. F.4. - G.3.… H.Visitor Screening 1.Prior to being present on the premises of a child-placing agency or interacting with children or youth, a visitor shall have a satisfactory fingerprint-based criminal background check through the Federal Bureau of Investigation and a satisfactory state central registry clearance. 2.In lieu of the clearances required by Paragraph 1 of this Subsection, a staff person who holds current satisfactory clearances shall accompany the visitor at all times while the visitor is on the premises. AUTHORITY NOTE:Promulgated in accordance with R.S. 46:1407(D). HISTORICAL NOTE:Promulgated by the Department of Children and Family Services, Licensing Section, LR 46:683 (May 2020), effective June 1, 2020, amended LR 47:1849 (December 2021), amended by the Department of Children and Family Services, Division of Child Welfare, LR 52: §7315.Foster and Adoptive Certification

A. - A.2.…

3.The provider shall conduct at least one in-home visit with prospective foster/adoptive families to assess the safety of the home and to conduct the interviews required by this Subsection. Additional visits shall be conducted when the needs of the family indicate. Interviews shall be conducted with all household members according to age and development. Any interview that cannot be completed, and the reason it could not be completed, shall be documented in the home study. Interviews conducted after the initial in-home visit may be conducted virtually or by telephone. 3.a. - 5.Repealed. 6.The following interviews shall be conducted either in person, virtually, or by telephone for at least two persons who do not reside with the prospective foster/adoptive parents and who may be contacted as references. a. - c.Repealed. 7.Documentation of the consultation visits shall include the date, time, method of contact, duration of each interview, those present at each interview, relationship to the prospective foster/adoptive parents, and a summary of each interview. 8.Repealed. A.9. - B.5.… 6.Before any individual aged 18 or older who is not participating in extended foster care resides in a certified foster or adoptive home, the provider must obtain a satisfactory fingerprintbased criminal background check from the Federal Bureau of Investigation. The person shall not reside in the home, be present on the premises, or have access to children or youth until the clearance is received.

C. - C.5.…

6.The DCFS State Central Registry clearance form shall be dated no earlier than 120 days of the foster/adoptive parents being certified or household members over the age of 18 years being present in the home. Out-of-state clearance forms shall be dated no earlier than 120 days of foster/adoptive parents being certified. However, for household members over the age of 18 years who continue to reside outside of the state of Louisiana, but their official domicile is a certified foster/adoptive home in the state of Louisiana, their clearances shall be dated no earlier than 120 days prior to certifying the foster/adoptive parents. A request for a state central registry clearance from the state in which the household member resides shall be submitted by provider every five years prior to the date noted on the most current clearance and at any time upon the request of DCFS. 7. - 8.… 9.Should a foster/adoptive parent or adult household member aged 18 years or older, after certification, reside outside of Louisiana while their official domicile remains a certified foster/adoptive home in the state of Louisiana, a state central registry clearance is required from that additional state of residence within 120 calendar days of the additional residency beginning, and every five years thereafter prior to the date noted on the most current clearance.

D. - D.22.…

E.Foster/Adoptive Parent(s) Record 1.The provider shall maintain a record for each foster/adoptive parent, which shall contain the following information and shall be updated as changes occur: a. - d.… e. - f.Repealed. 1.g. - 3.n.… 4.A statement of health dated within 12 months prior to certification and updated every three years for primary and secondary caregivers, excluding youth in DCFS custody, signed by a licensed physician or licensed health care professional verifying that the individual: D.4.a. - F.2.… 3.Open cisterns, wells, canals, fish ponds, and other bodies of water shall be made inaccessible to children by a fence or natural barrier that prevents a child’s access to the body of water. 4.Repealed. 5.Swimming and wading pools shall have a barrier at least 4 feet high that surrounds all sides of the pool. The gate in the barrier shall be locked at all times, and the pool shall be inaccessible to children except when under adult supervision. Where the pool is enclosed on three sides by a barrier and the home forms the fourth side, an additional barrier at least 4 feet in height shall be installed between the home and the pool, shall remain locked, and shall prevent access by children. This excludes aboveground pools that are at least 4 feet in height and have no point of entry from the ground, or those whose entry point is secured by a locked gate that prevents access. F.6. – G.13.… 14.Children six years of age and older shall not share a bedroom with a person of the opposite sex. Siblings of the opposite sex may share a bedroom until either sibling attains the age of 10 years. 15 - 15.b.i.(f).… H.Safety Requirements—Foster and Adoptive Homes

1. - 5.…

6.Foster/adoptive parents shall store dangerous weapons, firearms, air guns, BB guns, hunting slingshots, and other projectile weapons in a locked area inaccessible to children, in accordance with Public Law 115-123. All weapons shall be stored unloaded. Ammunition shall be stored in a separate locked area. H.7. - I.4.… 5.Foster/adoptive parents shall establish an emergency evacuation plan and shall practice it at least quarterly ensuring children understand the procedures. Documentation shall consist of a quarterly note signed and dated by provider in the foster/adoptive parent record indicating that the emergency evacuation plan was discussed and practiced quarterly as required. review it with each child at the time of placement or within three calendar days of placement, and quarterly thereafter, ensuring children understand the procedures. Documentation shall consist of a note signed and dated by the provider in the foster/adoptive parent record indicating that the emergency evacuation plan was reviewed as required. I.6. - M.4.… N.Transportation—Foster Care, Adoption, Transitional Placing 1.The foster/adoptive parent(s) shall have access to reliable transportation to transport the child/youth to school, recreational activities, medical care, and community facilities. For a certified foster/adoptive parent who does not own a personal vehicle, the child-placing agency shall maintain on file a written transportation plan for transporting children and youth in care. N.2. - O.4.… P.Training the Foster and Adoptive Parent(s) 1.… 2.The child-placing agency shall provide training to prospective foster/adoptive parents prior to certification, to include the following: a. - b.… c. - f.Repealed. g. - m.… n.Repealed. o. - p.… q.Repealed. r. - v.… w.Repealed. x.… y.Repealed. 3. - 4.… 5.Once certified, foster parents shall annually receive child-placing agency approved training prior to certification expiration, in the amount determined by the caregiver’s years of certified experience as provided in DCFS child welfare policy. The total annual hours required per household, and the minimum hours required of adult members of the household other than the primary caregiver, shall be scaled to experience and shall not fall below the training minimums established by R.S. 46:283. Training may be delivered in-person, online or through self-study. If adult members of the household attend trainings together, each person shall receive individual credit for their attendance. It is not required for adult members of the household to attend trainings on different topics. All hours received by each individual adult member of the household will account for the total number of hours received per household. Documentation of training completed shall include certificate of participation or sign in log specifying foster parent’s name, training topic, date, and number of hours completed. Foster parents certified by DCFS shall follow the training requirement timeframe as noted in DCFS child welfare policy. 6. - 6.d.… 7.Prior to certification, all prospective foster/adoptive parents shall receive certification in infant/child and adult cardiopulmonary resuscitation (CPR) and first aid from a training provider identified on the DCFS website or otherwise approved by the department. Online-only training is not acceptable. The training shall be appropriate to the ages of the children in care. CPR and first aid certification shall be renewed prior to the expiration date indicated on the certification. This training may be applied toward meeting the annual required training hours as noted in §7315.P.5. DCFS certified homes shall follow the CPR requirements as noted in DCFS child welfare policy. 8.… 9.Prior to certification all prospective foster/adoptive parents who will care for children under the age of two years shall complete the “Reducing the Risk of SIDS in Early Education and Child Care” training or an equivalent safe sleep training provided or approved by the department. DCFS certified foster/adoptive parents shall meet the requirements as set forth in DCFS policy. Documentation of training shall be the certificate obtained upon completion of the training. This training may be applied toward meeting the annual required training hours for foster parents as noted in §7315.P.5. 10.… 11.Currently certified foster/adoptive parents who care for children under the age of two years shall complete the “Reducing the Risk of SIDS in Early Education and Child Care” training or an equivalent safe sleep training provided or approved by the department, annually, within one year from the date on the previous year’s certificate. DCFS certified foster/adoptive parents shall meet the requirements as set forth in DCFS policy. Documentation of training shall be the certificate obtained upon completion of the training. This training may be applied toward meeting the annual required training hours for foster parents as noted in §7315.P.5. 12.Currently certified foster/adoptive parents shall receive certification in infant/child and adult cardiopulmonary resuscitation (CPR) and first aid from a training provider identified on the DCFS website or otherwise approved by the department. Online-only training is not acceptable. The training shall be appropriate to the ages of the children in care. CPR and first aid certification shall be renewed prior to the expiration date indicated on the certification. This training may be applied toward meeting the annual required training hours for foster parents as noted in §7315.P.5. DCFS certified homes shall follow the CPR requirements as noted in DCFS child welfare policy. 13.Individuals who were certified as a foster or adoptive parent within the five years preceding application are exempt from the pre-certification training required by this Section, subject to current background and state central registry clearances.

Q. - S.5.…

6.The provider shall review the child/youth’s service plan on a quarterly basis or more frequently as the child/youth’s needs or circumstances dictate. Documentation shall include the signature of the reviewer, the foster parent(s), and the foster child, if developmentally appropriate, and date of each child/youth’s service plan review. T.Lifebook—Foster Care and Adoption 1.Every child/youth placed in foster care or for adoption shall have a lifebook. For children who are developmentally unable to participate in the creation and updating of their own lifebook, foster/adoptive parents shall create and update for the child/youth. Where a child or youth who is developmentally able declines to participate, the provider remains responsible for creating and updating the lifebook and shall document the child’s or youth’s decision not to participate. T.2. - U.3.… V.Reapplication for Certification for Foster and Adoptive Parents 1.To reapply, a former foster/adoptive parent shall follow all requirements noted herein that are in effect at the time of re-application. A former foster/adoptive parent who was certified within the 5 years preceding re-application is exempt from repeating the pre-certification training required by §7315.P.2, subject to current background and state central registry clearances. AUTHORITY NOTE:Promulgated in accordance with R.S. 46:1407(D). HISTORICAL NOTE:Promulgated by the Department of Children and Family Services, Licensing Section, LR 45:377 (March 2019), effective April 1, 2019, LR 46:686 (May 2020), effective June 1, 2020, LR 47:351 (March 2021), effective April 1, 2021, repromulgated LR 47:442 (April 2021), amended LR 47:1849 (December 2021), amended by the Department of Children and Family Services, Division of Child Welfare, LR 52: §7319.Foster Care Services

A. - D.1.…

2.Provider shall have at least monthly contact with one of the foster parents by telephone, virtually, or in person. 3. - 5.j.… 6.a.The provider shall obtain and document the following information within 30 calendar days of placement: i.child/youth’s name, previous home address, sex, race, nationality, birth date, birth place, religious affiliation, and Social Security number; ii.the current name, address, and telephone number and marital status of the biological parents of the child; iii.the name, address, and telephone number of siblings and if in foster care, the name and contact information of their foster parents and caseworkers; and iv.the name, address, and telephone number of siblings and significant relatives or others considered in the case plan. b.If any information required by Clauses i-iv of this Paragraph is not obtained within 30 calendar days of initial placement, the provider shall document the date of each attempted request, the person or entity from whom the information was requested, and the items requested, and shall repeat the request every 30 days until the information is received. D.7. - G.2.g.… AUTHORITY NOTE:Promulgated in accordance with R.S. 46:1407(D). HISTORICAL NOTE:Promulgated by the Department of Children and Family Services, Licensing Section, LR 45:385 (March 2019), effective April 1, 2019, amended LR 47:1849 (December 2021), amended by the Department of Children and Family Services, Division of Child Welfare, LR 52: §7321.Adoption Services

A. - K.4.…

L.Domestic Adoptions 1.Repealed. L.2. - M4.… AUTHORITY NOTE:Promulgated in accordance with R.S. 46:1407(D). HISTORICAL NOTE:Promulgated by the Department of Children and Family Services, Licensing Section, LR 45:388 (March 2019), effective April 1, 2019, LR 47:353 (March 2021), effective April 1, 2021, repromulgated LR 47:443 (April 2021), amended LR 47:1850 (December 2021), amended by the Department of Children and Family Services, Division of Child Welfare, LR 52: Family Impact Statement In compliance with Act 1183 of the 1999 Regular Session of the Louisiana Legislature, the impact of this proposed Rule on the family has been considered. It is anticipated that this proposed Rule will not have an impact on family functioning, stability, and autonomy as described in R.S. 49:972. Poverty Impact Statement In compliance with Act 854 of the 2012 Regular Session of the Louisiana Legislature, the poverty impact of this proposed Rule has been considered. It is anticipated that this proposed Rule will not have an impact on child, individual, or family poverty in relation to individual or community asset development as described in R.S. 49:973. Small Business Analysis In compliance with the Small Business Protection Act, the economic impact of this proposed Rule on small businesses has been considered. It is anticipated that this proposed Rule will not have a fiscal impact on small businesses. Provider Impact Statement In compliance with House Concurrent Resolution (HCR) 170 of the 2014 Regular Session of the Louisiana Legislature, the provider impact of this proposed Rule has been considered. It is anticipated that this proposed Rule will not have a fiscal impact on providers. Public Comments Interested individuals may submit written comments to Catherine S. Brindley, DCFS Policy and Rulemaking Director, Department of Children and Family Services, P.O. Box 3776, Baton Rouge, LA 70821. The deadline for submitting written comments is 4:30 p.m. on October 20, 2026. Christopher Bahm Undersecretary FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Child Welfare—Licensing and Certification I.ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) There are no anticipated costs or savings to state or local governmental units as a result of the proposed rule change. The Department of Children and Family Services (DCFS) proposes to amend Sections 7105, 7107, 7109, 7111, 7115, 7117, 7119, and adopt Section 7120 of Chapter 71, and to repeal Sections 7303, 7311, 7313, 7314, 7315, 7319, and 7321 of Chapter 73, both within Subpart 8 (Residential Licensing), Part V (Child Welfare), of Title 67 (Social Services) of the Louisiana Administrative Code. The proposed rule accomplishes several updates and clarifications to streamline processes which align with current practice. Specifically, this proposed rule: Updates the definition of Human Services Field to include Nursing among the types of employment or education that may qualify as human-services experience. Extends the timeframe for completing an incomplete initial licensing application from 45 to 180 days and updates the licensing appeal process and mailing address. Clarifies that a license may be closed after 1 year without placements, subject to notice and an opportunity to demonstrate activity. Revises training requirements to require DCFS-provided or DCFS-approved training, including CPR and first-aid from an approved provider, annual mandated reporter training, and DCFS-provided or approved safe-sleep training; online-only CPR and first-aid training are not acceptable. Removes detailed requirements for documenting and summarizing visitors and contacts in resident records and repeals influenza notification requirements. Updates resident protection requirements by removing restrictions concerning religion in admission policies and updating restraint debriefing requirements to reference the legal guardian, when indicated, rather than family members. Extends the deadline for enrolling a child in school from 3 to 5 school days after admission. Extends the deadline for obtaining a resident’s initial medical exam from 1 week to 1 month. Removes the specific 60-square-foot-per-resident space requirement and instead requires ample space appropriate to the number, ages, and sizes of residents. Establishes visitor screening requirements by requiring visitors to obtain satisfactory FBI fingerprint-based criminal background checks and State Central Registry clearance, unless they are accompanied at all times by a staff member with current satisfactory clearances. Clarifies that a provider or affiliate seeking foster or adoptive parent certification may not use itself as the certifying child-placing agency and must use another licensed child-placing agency. Replaces the specified twenty-hour National Training and Development Institute (NTI) adoption competency course with adoption competency training provided or approved by DCFS, clarifies the staff subject to the training requirement, and allows DCFS to approve training substitutes based on an individual’s education and experience. Extends the timeframe for State Central Registry clearance from 45 to 120 days. Extends the validity of required health statements from 6 to 12 months and revises who must provide the statements. Replaces the fixed 15-hour annual training requirement with an experience-based training requirement established by DCFS policy, subject to statutory minimums. Provides a 5-year exemption from pre-certification training for individuals previously certified as foster or adoptive parents, provided current clearance requirements are met. Repeals the provision authorizing DCFS to request information or documents from a child-placing agency for submission to a court in connection with a domestic adoption. II.ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) There is no anticipated effect on revenue collections of state or local governmental units. III.ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS, SMALL BUSINESSES, OR NONGOVERNMENTAL GROUPS (Summary) There are no anticipated costs or economic benefits to directly affected persons, small businesses, or non-governmental groups. IV.ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) Implementation of this proposed rule is not anticipated to have an effect on competition and employment. DeEdra LamottePatrice Thomas Deputy Undersecretary 3Deputy Fiscal Officer 2609#068Legislative Fiscal Office