RS 46:1414.1     

NOTE: Section heading eff. until the promulgation of certain rules by the Dept. of Children and Family Services. See Acts 2017, No. 348, §7.

§1414.1. Disclosure requirements; penalties

NOTE: Section heading eff. upon the promulgation of certain rules by the Dept. of Children and Family Services. See Acts 2017, No. 348, §7.

§1414.1. State central registry

NOTE: Subsections A-C eff. until the promulgation of certain rules by the Dept. of Children and Family Services. See Acts 2017, No. 348, §7.

            A. Any owner, operator, current or prospective employee, or volunteer of a specialized provider licensed by the Department of Children and Family Services shall report annually and at any time upon the request of the department on the state central registry disclosure form promulgated by the department whether or not his name is currently recorded on the state central registry for a justified finding of abuse or neglect and he is the named perpetrator.

            B. Any such current or prospective employee or volunteer of a specialized provider licensed by the department shall submit the state central registry disclosure form to the owner or operator of the specialized provider, who shall maintain the documents in accordance with current department licensing requirements. Any state central registry disclosure form that is maintained by a specialized provider licensing file shall be confidential and subject to the confidentiality provisions of R.S. 46:56(F) pertaining to the investigations of abuse and neglect.

            C. Any owner, operator, current or prospective employee, or volunteer of a specialized provider licensed by the department who knowingly falsifies the information on the state central registry disclosure form shall be guilty of a misdemeanor offense and shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.

NOTE: Subsections A-C eff. upon the promulgation of certain rules by the Dept. of Children and Family Services. See Acts 2017, No. 348, §7.

            A. Any owner, operator, current or prospective employee, or volunteer of a specialized provider requesting licensure or licensed by the Department of Children and Family Services is prohibited from being employed by the specialized provider if that individual's name is recorded on the state central registry as a perpetrator for a justified finding of abuse or neglect of a child.

            B. If the individual's name is or was entered on the state central registry, that individual may make a formal written request to the division of administrative law for an administrative appeal of the justified determination, in accordance with Children's Code Article 616.1.1 and the procedures promulgated by the department.

            C. The department shall promulgate, in accordance with the Administrative Procedure Act, all rules and regulations necessary to implement the provisions of this Section.

NOTE: Subsections D and E eff. until the promulgation of certain rules by the Dept. of Children and Family Services. See Acts 2017, No. 348, §7.

            D. Any owner, operator, current or prospective employee, or volunteer of a specialized provider licensed by the department who discloses that he is currently recorded on the state central registry for a justified finding of abuse or neglect shall be entitled to a risk assessment evaluation provided by the department to determine that the individual does not pose a risk to children or youth. Any such individual who is determined to pose a risk to children or youth shall have the right to file an appeal in accordance with R.S. 49:992 of the Administrative Procedure Act. Any such determination by the risk evaluation panel shall be kept on file at all times by the department.

            E. The department shall promulgate rules and regulations to implement this Section. The rules and regulations shall include but not be limited to establishing criteria for risk evaluation requests, the composition of the risk evaluation panel, and establishing criteria for risk evaluation determinations.

NOTE: Subsections D and E eff. upon the promulgation of certain rules by the Dept. of Children and Family Services. See Acts 2017, No. 348, §7.

            D., E. Repealed by Acts 2017, No. 348, §5, special eff. date.

            Acts 2009, No. 388, §1, eff. Jan. 1, 2010; Acts 2014, No. 868, §5, eff. Oct. 1, 2014; Acts 2016, No. 502, §1; Acts 2017, No. 348, §§3, 5, special eff. date.