Current through Register Vol. 50, No. 11, November 20, 2024
Section V-7110 - Administration and OrganizationA. General Requirements 1. Once a residential home provider has been issued a license, the department shall conduct licensing and other inspections at intervals deemed necessary by the department to determine compliance with licensing standards, as well as, other required statutes, laws, ordinances, rules, regulations, and fees. These inspections shall be unannounced.2. The department may remove any resident, child of a resident, or all residents or children of residents from any facility or agency when it is determined that one or more deficiencies exist within the facility that place the health and well-being of children of residents or residents in imminent danger. The children of residents nor residents shall be returned to the facility until such time as it is determined by the department that the imminent danger has been removed.3. The provider shall allow representatives of the department in the performance of their mandated duties to inspect all aspects of a program's functioning that impact residents and children of residents and to privately interview any staff member or resident. The department representatives shall be admitted immediately and without delay, and shall be given free access to all relevant files and all areas of a facility, including its grounds. If any portion of a facility is set aside for private use by the facility's owner or staff, department representatives shall be permitted to verify that no residents or children of residents are present in that portion and that the private areas are inaccessible to residents and children of residents. Any area to which residents or children of residents have or have had access is presumed to be part of the facility and not the private quarters of the owner or staff.4. The provider shall make any information that DCFS requires under the present standards and any information reasonably related to determination of compliance with these standards available to the department. The resident's rights shall not be considered abridged by this standard.
5. The provider accepting any resident from a state other than Louisiana shall show proof of compliance with the terms of the Interstate Compact on Juveniles, the Interstate Compact on the Placement of Children, and the Interstate Compact on Mental Health. Proof of compliance shall include clearance letters from the compact officers of each state involved.B. Other Jurisdictional Approvals. The provider shall comply and show proof of compliance with all relevant standards, regulations, and requirements established by federal, state, local, and municipal regulatory bodies including initial and annual approval by the following: 1. Office of Public Health, Sanitarian Services;2. Office of State Fire Marshal;3. city fire department (if applicable);4. local governing authority or zoning approval (if applicable); and5. Department of Education (if applicable).C. Governing Body. The provider shall have an identifiable governing body with responsibility for and authority over the policies, procedures, and activities of the provider. 1. The provider shall have documents identifying all members of the governing body, their addresses, the term of their membership (if applicable), officers of the governing body (if applicable), and the terms of office of all officers (if applicable).2. When the governing body of a provider is composed of more than one person, the governing body shall hold formal meetings at least twice a year.3. When the governing body is composed of more than one person, a provider shall have written minutes of all formal meetings of the governing body and bylaws specifying frequency of meetings and quorum requirements.D. Responsibilities of a Governing Body. The governing body of the provider shall: 1. ensure the provider's compliance and conformity with the provider's charter;2. ensure the provider's continual compliance and conformity with all relevant federal, state, local, and municipal laws and standards;3. ensure the provider is adequately funded and fiscally sound by reviewing and approving the provider's annual budget or cost report;4. ensure the provider is housed, maintained, staffed and equipped appropriately considering the nature of the provider's program;5. designate a person to act as program director and delegate sufficient authority to this person to manage the facility;6. formulate and annually review, in consultation with the program director, written policies and procedures concerning the provider's philosophy, goals, current services, personnel practices and fiscal management;7. have the authority to dismiss the program director;8. meet with designated representatives of the department whenever required to do so;9. inform designated representatives of the department prior to initiating any substantial changes in the program, services, or physical plant of the provider;10. ensure that the provider establishes a system of business management and staffing which requires maintenance of complete and accurate accounts, books, and records.E. Authority to Operate. The providers current Louisiana residential home license shall be on display in a prominent area at the facility, except for facilities operated by a church or religious organization [R.S. 46:1406(D)] that choose to keep the license on file and available upon request. All homes shall operate within the licensed capacity, age range, and/or other specific services designated on the license.F. Accessibility of Program Director. The program director, or a person authorized to act on behalf of the program director, shall be accessible to provider staff or designated representatives of the department at all times (24 hours per day, 7 days per week).G. Statement of Philosophy and Goals 1. The provider shall have a written statement of its residential home philosophy, purpose, program, and goals. The statement shall contain a description of all the services provided to include: a. the extent, limitation, and scope of the services for which a license is sought;b. the geographical area to be served; andc. the ages of residents, ages of children of residents, and types of behaviors to be accepted for placement.H. House Rules and Regulations. The provider shall have a clearly written list of rules and regulations governing conduct for residents and children of residents in care and shall document that these rules and regulations are made available to each staff member, resident, and, where appropriate, the resident's legal guardian(s).I. Representation at Hearings. When requested by the placing agency, the provider shall have a representative present at all judicial, educational, or administrative hearings that address the status of a resident or child of a resident in care of the provider. The provider shall ensure that the resident or child of a resident is given an opportunity to be present at such hearings, unless prohibited by the resident's legal guardian or by his/her service plan.La. Admin. Code tit. 67, § V-7110
Promulgated by the Department of Social Services, Office of Community Service, LR 36:810 (April 2010), amended by the Department of Children and Family Services, Licensing Section, LR 43260 (2/1/2017).AUTHORITY NOTE: Promulgated in accordance with R.S. 36:477 and R.S. 46:1401 et seq.