La. Admin. Code tit. 28 § CLXV-310

Current through Register Vol. 50, No. 11, November 20, 2024

Section CLXV-310 - Child Care Criminal Background Checks (CCCBCs) for Family Child Care Providers and In-Home Child Care Providers

A. Determination of Eligibility

1. The department shall determine a persons eligibility for child care purposes based upon the results of the persons CCCBC.

2. Components of a CCCBC. A CCCBC shall include:

a. a request for a fingerprint-based search of the Louisiana criminal history information record;

b. a request for a fingerprint-based search of the federal criminal history information record;

c. a request to DCFS to search the state central registry of child abuse and neglect;

d. a search of the Louisiana sex offender and child predator registry;

e. a search of the national sex offender registry, as required by 45 CFR 98.43(b)(2); and

f. a request for a search of the name-based state criminal history information record, state offender registry, and state registry of child abuse and neglect in each state where the person resided in the past five years, as required by 45 CFR 98.43.43(b)(3).

3. The department shall determine that a person is either eligible or ineligible for child care purposes.

4. The department shall provide written notice of a CCCBC-based determination of eligibility for child care purposes in the following manner:

a. to the requesting home-based provider, the determination that the person is eligible or ineligible for child care purposes only, without revealing any disqualifying crime or other related information regarding the person; and

b. to the person for whom the home-based provider requested the determination of eligibility, the determination that the person is eligible or ineligible for child care purposes; and if the person is ineligible for child care purposes, information related to each disqualifying crime or other related information regarding the person and information about the opportunity to appeal the accuracy or completeness of the CCCBC results received by the department and used in the determination of eligibility.

B. Persons Ineligible for Child Care Purposes

1. A person shall be ineligible for child care purposes if the person:

a. refuses to consent to a CCCBC-based determination of eligibility for child care purposes;

b. knowingly makes a materially false or incomplete statement in connection with the CCCBC-based determination of eligibility for child care purposes;

c. has been convicted of or plead guilty or nolo contendere to any of the crimes listed in. R.S. 15:587.1(C), or those of a jurisdiction other than Louisiana which would constitute a crime under the provisions cited in R.S. 15:587.1(C); or

d. is registered or required to be registered on the Louisiana sex offender and child predator registry, any other state sex offender registry, or the national sex offender registry.

2. A person shall also be ineligible for child care purposes if upon the departments written request to DCFS after March 1, 2018, for information as to whether a persons name is on the state central registry within DCFS, the department receives written notice from DCFS that the persons name is recorded on the state central registry as a perpetrator for a justified finding of child abuse or neglect.

a. Until the required written notice is received from DCFS indicating that a persons name is recorded on the state central registry as a perpetrator for a justified finding of child abuse or neglect, the department shall not withhold a determination that a person is eligible for child care purposes, unless the results of some other component of the persons CCCBC require a determination of ineligibility.

3. A person may also be ineligible for child care purposes if upon the departments request for information from another state, the department receives from the state written notice that the persons name is recorded on that states registry or repository of child abuse and neglect as having a finding of child abuse or neglect or written notice that the person is ineligible for child care purposes.

C. Persons for Whom Home-Based Providers are Required to Obtain a CCCBC-Based Determinations of Eligibility for Child Care Purposes

1. Family Child Care Providers. A family child care provider shall obtain a CCCBC-based determination of eligibility for child care purposes from the department for the following required persons:

a. the provider;

b. all adults employed in the home or on the property of the home where care is provided;

c. all adults living in the residence where care is provided; and

d. any other person in the home or on the premises when one or more children in care are present, who is not a household designee for a child in care at the home.

2. In-Home Child Care Providers. An in-home child care provider shall obtain a CCCBC-based determination of eligibility for child care purposes from the department for the following required persons:

a. the provider;

b. all adults employed in the home or on the property of the home where care is provided;

c. all non-caregiver adults living in the home where care is provided; and

d. any other person in the home or on the premises when one or more children in care are present, who is not a household designee for a child in care at the home and who is not a caregiver who is exempt from the requirement of having a CCCBC-based determination of eligibility for child care purposes. Caregivers, as defined in §103 of this bulletin, who are living in the home, are exempt from the requirement of having a CCCBC-based determination of eligibility for child care purposes.

D. Requests by Home-based Providers for CCCBC-Based Determinations of Eligibility for Child Care Purposes from the Department

1. A home-based provider shall request and obtain from the department a new CCCBC-based determination of eligibility for child care purposes for each required person in Subsection C of this Section:

a. prior to the home-based provider being certified as a CCAP provider;

b. prior to the person being present at the home or on the premises of the home when children in care are present; and

c. not less than once during a five-year period.

2. A home-based provider shall not be required to request and obtain from the department a new CCCBC-based determination of eligibility for child care purposes for a required person, and instead shall be able to request and obtain from the department the persons CCCBC-based determination of eligibility provided to another in-state child care provider or entity identified in §1809 of Bulletin 137, if:

a. a child care provider or entity within the state requested and obtained a CCCBC-based determination of eligibility for child care purposes from the department for the person within the past five years, while the person was employed with or seeking employment with that child care provider or entity; and

b. the department provided to the initial requesting child care provider or entity a CCCBC-based determination indicating the person was eligible for child care purposes; and

c. the person is still employed by a child care provider or entity within the state, or has been separated from a child care provider or entity within the state for less than 180 consecutive days.

3. Electronic fingerprints shall be used in parishes where they are available.

E. Transitional Provisions for Newly Required CCCBC-Based Determinations of Eligibility

1. CBCs and CCCBCs

a. Prior to March 1, 2018, home-based providers were required to obtain a criminal background check (CBC) from the Louisiana Bureau for each required person.

b. Effective March 1, 2018, home-based providers must obtain a child care criminal background check (CCCBC) -based determination of eligibility for child care purposes from the department for each required person.

2. New Hires and Other Required Persons for whom a Home-Based Provider does not have an Existing Satisfactory CBC on March 1, 2018

a. A home-based provider shall obtain a CCCBC-based determination of eligibility for child care purposes from the department for each required person in Subsection C of this Section for whom the center does not have a satisfactory CBC on March 1, 2018, prior to the person being present or performing services in the home or residence or on the property when children in care are present.

3. Existing Required Persons for whom a Provider has an Existing, Satisfactory CBC on March 1, 2018

a. A home-based provider that has an existing satisfactory CBC on March 1, 2018, for a required persons in Subsection C of this Section shall be required to request a CCCBC-based determination of eligibility for child care purposes from the department for such persons by submitting a request to the department and having the person for whom it is requested submit fingerprints to the bureau at the time of home-based providers next renewal of certification or before August 1, 2018, whichever occurs first.

b. A home-based providers existing, satisfactory CBC on March 1, 2018, for a required person who is continuing to provide services or be present at the home or residence or on the property, shall remain valid until the provider receives the new CCCBC-based determination of eligibility for child care purpose for the person, or until October 1, 2018, whichever is earlier, provided the provider has timely submitted a request to the department for a new determination of eligibility and the person for whom it was requested has timely submitted his fingerprints to the bureau.

F. Fees for CCCBC-Based Determinations of Eligibility for Child Care Purposes

1. All fees required to be paid to the Louisiana Department of Education shall be paid through its electronic payment system and are nonrefundable.

2. The department shall charge and collect a $15 processing fee when it receives a request for a CCCBC-based determination of eligibility for child care purposes.

a. The processing fee may be waived and paid from COVID-19 recovery funds, where available.

3. The department may also collect on behalf of the respective agencies the processing fees charged by DCFS for a search of its state central registry of child abuse and neglect, the Bureau of Criminal Identification and Information for a state criminal history report, the Federal Bureau of Investigation for a federal criminal history information report, the National Crime Information Center for a search of the national sex offender registry, and processing fees charged by other states, when it receives a request for a CCCBC-based determination of eligibility for a child care purposes.

G. Appeal of Accuracy or Completeness of CCCBC Results for Home-Based Providers

1. A person who has received a notice of ineligibility (NOI) for child care purposes from the department may appeal the accuracy or completeness of the CCCBC results received and used by the department to determine the persons ineligibility.

2. A person appealing the accuracy or completeness of the CCCBC results shall remain ineligible during the appeals process.

3. Request for Appeal of Accuracy or Completion of CCCBC Results

a. A request for such an appeal must be submitted in writing to the department, in a form provided by the department, within 45 calendar days of the date of issuance of the NOI.

b. To be sufficient, a request for appeal:

i. must contain written reasons that identify the specific information provided in the NOI that is believed to be inaccurate or incomplete; and

ii. should include official information and/or documentation of the accurate and/or complete information, if available.

c. Upon receipt of a request for appeal, the department shall determine whether the request is sufficient or insufficient, and shall notify the requestor in writing accordingly.

4. Review of Appeal

a. If the request for an appeal is sufficient, and no further information or documentation is required, the department shall complete the review of the appeal information and/or documentation and render a final written decision within 30 calendar days of receipt of the request for appeal.

b. If the request for an appeal is sufficient, but additional information and/or documentation is required to complete the appeal, the department shall notify the requestor in writing, and the requestor shall have 45 calendar days from the date of the request to provide the information and/or documentation.

i. If the required information and/or documentation is not received within the 45 days, the appeal may be denied for insufficiency of information and/or documentation.

ii. If the required information and/or documentation is received within 45 days, the department shall complete the review of the appeal information and/or documentation and render a final written decision within 30 calendar days of receipt of the required information and/or documentation or receipt of required information and/or documentation requested by the department on behalf of the requestor.

5. Result of Appeal

a. If as a result of the appeal process, the requestors CCCBC results are revised, and based on the revised CCCBC results, the department determines the requestor is eligible for child care purposes, the department shall notify the appeal requestor and the original requesting home-based provider that the requestor is eligible for child care purposes by sending a notice of eligibility for child care purposes to both.

i. The notice of eligibility shall be valid from the date of issuance. The expiration date shall be five years from the date the original NOI was sent to the requestor and the requesting home-based provider.

b. If the appeals process does not result in a revision of the CCCBC results, or if it results in a revision to the CCCBC results, but based on the revised results, the requestor is still ineligible for child care purposes, the department shall notify the requestor in writing that the appeal is denied and that the determination of ineligibility remains in effect.

La. Admin. Code tit. 28, § CLXV-310

Promulgated by the Board of Elementary and Secondary Education, LR 44258 (2/1/2018), effective 3/1/2018, Amended LR 4831 (1/1/2022).

AUTHORITY NOTE: Promulgated in accordance with 45 CFR Part 98.43, R.S. 15:587.1, and R.S. 17:407.71.