La. Admin. Code tit. 67 § V-6957

Current through Register Vol. 50, No. 9, September 20, 2024
Section V-6957 - Definitions

NOTE: This Section has been moved from LAC 67:1.1957.

Abuse and Neglect Reporting-any suspected abuse and/or neglect of a child in a child care center must be reported in accordance with Louisiana Revised Statutes 14:403. This statement shall be visibly posted in the center with the local child protection phone number.

Administrator-the person responsible for the on-site, daily implementation and supervision of the overall facility's operation. The administrator shall have a Bachelor's degree in a social services field and four years of experience in a similar type of child care facility, or a Master's degree and two years of related experience.

Bedroom Space-a distinct area used as a sleeping area for clients; a dormitory-style bedroom may be broken into several bedroom spaces by the use of partitions. A facility shall have a minimum of 60 square feet of floor area per child in living areas accessible to children and excluding halls, closets, bathrooms, bedrooms, staff or staff's family quarters, laundry areas, storage areas and office areas.

Client-a person who receives service from a provider.

Client's Service Plan-a daily care plan based on the assessment of a client's psychological, social and educational evaluations.

Curator-a person appointed by the court when an individual is interdicted to act as guardian with either limited or full powers over the individual's estate and/or person, depending upon the needs of the individual interdicted.

Contractor-any person who renders professional services, therapeutic services, enrichment services, or counseling to residents such as educational consulting, athletic, or artistic services within a residential home, whose services are not integral to either the operation of the residential home or to the care and supervision of residents. Contractors may include, but are not limited to social workers, counselors, dance instructors, gymnastic or sports instructors, computer instructors, speech therapists, licensed health care professionals, art instructors, state-certified teachers employed through a local school board, and other outside contractors. A person shall not be deemed a contractor if he/she is a staff person of the residential home.

Department (DCFS) - Department of Children and Family Services formerly the Department of Social Services.

Discipline-a system of rules governing conduct which usually prescribes consequences for the violation of particular rules.

Direct Service Management-the act of controlling the various aspects of a provider involving direct services to clients in order to ensure effective care and treatment.

Direct Service Worker-any employee of a provider who works directly with clients as a major function of his/her job.

Documentation - written evidence or proof, signed and dated by the parties involved (director, parents, staff, etc.), and available for review.

DSS-Department of Children and Family Services.

Facility - any place, program, institution, or agency operating a child care facility or child-placing agency as defined in R.S. 46:1403, including those owned or operated by governmental, private, or religious organization or entity.

Family-the natural or adoptive father, mother, brother(s) and sister(s), but "family" may be interpreted broadly to include any person, whether related to the client by blood or not, who resides in the client's home and takes part in the client's family life.

Governing Body-a person or persons with the ultimate responsibility for conducting the affairs of a provider as, for example, the board of directors.

Individual Owner-Repealed.

Legally Responsible Person-as appropriate, the parent(s) or tutor of a minor or the curator of an interdicted client.

License-a written certification, whether provisional, extended or regular, of a provider's authorization to operate under state law.

Licensing Section - DCFS, Division of Programs, Licensing Section.

Living Unit-an integral living space utilized by a particular group of clients who reside in that space.

Mandated Reporter - professionals who may work with children in the course of their professional duties and who consequently are required to report all suspected cases of child abuse and neglect. This includes any person who provides training and supervision of a child, such as a public or private school teacher, teacher's aide, instructional aide, school principal, school staff member, social worker, probation officer, foster home parent, group home or other child care institution staff member, personnel of residential home facilities, a licensed or unlicensed day care provider, any individual who provides such services to a child, or any other person made a mandatory reporter under Article 603 of the Children's Code or other applicable law.

Owner or Operator-individual or juridical entity exercising direct or indirect control over a licensed entity.

1. For licensing purposes the following are considered owners:

a. Individual Ownership-individual and spouse listed on the licensing application submitted and who have access to the children/youth in care of the provider and/or children/youth who receive services from the provider and/or who are present at any time on the facility premises when children/youth are present;

b. Partnership-all limited or general partners and managers who are listed on the licensing application submitted and who have access to the children/youth in care of the provider and/or children/youth who receive services from the provider, and/or who are present at any time on the facility premises when children/youth are present;

c. Church Owned, University Owned or Governmental Entity-any clergy and/or board member who is listed on the licensing application submitted and who has access to the children/youth in care of the provider, and/or children/youth who receive services from the provider, and/or who is present at any time on the facility premises when children/youth are present; or

d. Corporation (includes limited liability companies)-individual(s) who is registered as an officer of the board with the Louisiana Secretary of State and/or listed on the licensing application submitted and who has access to the children/youth in care of the provider, and/or children/youth who receive services from the provider, and/or who is present at any time on the facility premises when children/youth are present.

Ownership-Repealed.

Parent(s)-natural or adoptive mother and father of a client.

Passive Physical Restraint-the least amount of direct physical contact required on the part of a staff member to prevent a client from harming himself/herself or others.

Provider-any 24-hour residential facility, whether public or private, that services clients.

Psychotropic Medication-prescription medication given for the purpose of producing specific changes in mood, thought processes, or behavior. They exert specific effects on brain function and can be expected to bring about specific clinically beneficial responses in clients for whom they are prescribed. The term as used in this policy does not include all drugs which affect the central nervous system or which may have behavioral effects; e.g., anticonvulsants or hormones.

Reasonable Suspicion-to have or acquire information containing specific and articulable facts indicating that an owner, operator, current or potential employee, or volunteer has been investigated and determined to be the perpetrator of abuse and/or neglect of a minor with a justified (valid) finding currently recorded on the state central registry.

Restraint-the extraordinary restriction of a client's freedom or freedom of movement.

Resident-an individual who receives care at a residential home and whose parents do not live in the same facility nor is the individual related to the owner of the facility.

Safety Interventions-an immediate time limited plan to control the factor(s) that may result in an immediate or impending serious injury/harm to a child(ren).

Service Plan-a comprehensive, time-limited goal-oriented, individualized plan for care, treatment and education of a client in the care of a provider. The service plan is based on a current comprehensive evaluation of the client's needs.

Social Worker-a Master's level professional.

Staff - all full or part-time paid or unpaid staff who perform services for the child residential facility and have direct or indirect contact with children at the facility. Facility staff includes the director and any other employees of the facility including, but not limited to the cook, housekeeper, driver, custodian, secretary, and bookkeeper excluding extra-curricular personnel.

State Central Registry-repository that identifies individuals with certain justified (valid) findings of abuse and/or neglect of a child or children by the Department of Children and Family Services.

Time-Out Procedure-the isolation of a client for a period of less than 30 minutes in an unlocked room.

Training-any activity outside the normal routine of the provider which promotes the development of skills related to client care, increases the knowledge of the person involved in a related field or fosters the development of increased professionalism.

Treatment Strategy-an orientation or set of clinical techniques included in a particular therapeutic model and used to meet a diagnosed need of a client in care over and above the provisions of basic care.

Unlicensed Operation - operation of any child residential facility, at any location, without a valid, current license issued by the department for that location.

La. Admin. Code tit. 67, § V-6957

Promulgated by the Department of Social Services, Office of the Secretary Bureau of Licensing, LR 27:1567 (September 2001), repromulgated by the Department of Social Services, Office of the Secretary, Bureau of Residential Licensing, LR 33:2742 (December 2007), repromulgated by the Department of Social Services, Office of Community Services, LR 35:1619 (August 2009), amended by the Department of Children and Family Services, Division of Program, Licensing Sections, LR 38:972 (April 2012), Amended by the Department of Children and Family Services, Licensing Sections, LR 45509 (4/1/2019), effective 5/1/2019, Amended LR 46687 (5/1/2020), effective 6/1/2020.
AUTHORITY NOTE: Promulgated in accordance with R.S. 36:477 and R.S. 46:1410 et seq.