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How to Start a Daycare > Licensing, Rules & Regulations by State > Louisiana

START A DAYCARE IN LOUISIANA
LICENSING, REGULATIONS, LAWS

START A DAYCARE IN LOUISIANA	AUTHORITY
INSPECTIONS	PROCEDURES
FEES	RELICENSING
GENERAL REQUIREMENTS	MANDATORY REPORTING
RECORDS OF CHILDREN	REQUIRED STAFF
PERSONNEL RECORDS	ANNUAL REVIEW
EMERGENCY PROCEDURES	PHYSICAL ENVIRONMENT
FIND A DAYCARE OR CHILD CARE IN LOUISIANA

The Louisiana Revised Statutes of 1950 establishes the statewide minimum standards for child care providers to ensure that children shall be given with safe and conducive environment for care and early learning. The Louisiana Statutes ensure that the minimum standards are maintained and regulate the requirements in which child care facilities shall operate through a licensing program.

Authority

The Bureau of Licensing under the Department of Social Sciences as provisioned in the Louisiana Administrative Code has the legal responsibility to accommodate individuals or groups who want to secure a license or legally operate a child care facility.

The Department of Social Services shall develop and publish standards or requirements for child care licensing.

In accordance with the 1999 Legislative Session, a child care center is defined as any place or facility operated by any institution, society, agency, corporation, person or persons, or any other group for the primary purpose of providing care, supervision, and guidance of seven or more children, not including those related to the caregiver, unaccompanied by parent or guardian, on a regular basis for at least twelve and one-half hours in a continuous seven-day week. A religious organization which is exempted from tax under the Internal Revenue Code and is providing child care not more than 24 hours in a continuous 7-day week is not considered a child care center.

Penalties

All child care centers operated or owned by the government and the church, operating in a profit and non-profit mode, private and shall secure a license.

A child care facility operating without a license shall be penalized. A child care facility operating without a valid license shall pay a fine of not less than $75 nor more than $250 for each day that the facility has operated without a license.

Inspections

The Department of Social Services is mandated by law to inspect a child care facility prior to licensing through an authorized agent. The inspections shall be conducted at regular intervals not exceeding 1 year or as deemed necessary by the Department. The inspection can be made without prior notice to the child care operator.

The Department is also mandated by law to investigate complaints or reports that a child care center is operating without a license but is not tax-exempted.

The Department shall complete an investigation when it has reason to believe that a child care facility is operating in violation of the Child Care Center Class A Minimum Standards. This may include reports of maltreatment to a child.

The Louisiana Advisory Committee
The Louisiana Advisory Committee on Child Care Facilities and Child Care Placing Agencies was created to develop minimum standards for licensure of Class "A" facilities, review and consult with the Department of Social Sciences on all licensure standards revisions and to review these standards at least every 3 years, and advise and consult with the Department of Social Sciences on matters pertaining to license actions such as denial, revocation or refusal.

The committee is composed of 19 voting members, appointed by the Governor, including provider and consumer representation from all types of child care services, the educational and professional community and the director of the Bureau of Licensing who serves as an ex-officio member.

Waivers

The Department of Social Sciences Secretary may waive a facility's compliance with the minimum standards in operating a child care center if the economic impact is determined to be too impractical and as long as the wellbeing of the children, staff and the public is not in danger. A facility that has met or exceeded the intent of a regulation, it is considered that the standards are already met.

Procedures

Application
A child care provider must first check the local ordinances of building standards where the child care center will be located. Before starting to operate a child care facility, the provider has the responsibility to obtain or meet standards from the following offices:

Sanitarian Services, Office of Public Health;
Code Enforcement and Building Safety, Office of the State Fire Marshal; and
City Fire Department (if applicable).

After securing a building permit, apply for Class "A" licensing through completion of an application form provided by the:

All applicants shall be required to pay licensure fees.

A child care provider when planning to build or renovate a center must first contact the following offices:

Office of Public Health, Sanitarian Services;
Office of the State Fire Marshal, Code Enforcement and Building Safety;
Office of City Fire Department (if applicable);
Zoning Department (if applicable); and
City or Parish Building Permit Office.

Upon receipt of the application, the Bureau of Licensing shall request the Office of State Fire Marshal, Office of City Fire Department (if applicable), Office of Public Health and other local agencies with jurisdiction to inspect the center's location based on their standards.

A licensing survey shall be conducted by a licensing specialist.

A child care center which changes location is considered a new operation and shall apply and pay for new.

Prior to sale of a center, the following information shall be submitted to the Department as a requirement before a license is issued:

new application,
full licensure fee,
current health and state fire approval,
city fire approval (if applicable),
city fire approval (if applicable),
documentation of director qualifications,
letter from previous owner noting sale of child care business,
documentation of director designee qualifications,
three current, positive signed references on the director,
three current, positive, signed references on director designee (if applicable), and copy of bill of sale.

Unless this information is submitted to the Department, the new owner may not operate until a license is issued.

A license is non-transferable, not subject for sale, and shall be valid only for the address and owner specified in the application.

A license becomes null and void when the center is sold, discontinued, or moved to a new location, or license has been revoked.

The period for which a license shall be effective is determined by the Bureau unless being revoked due to the provider's failure to consistently meet the minimum standards.

Fees

All license fees shall be paid through certified check or money order and are not refundable.

An application fee of $25 shall be submitted together with the initial applications.

Before a license is renewed, annual license fees shall be paid based on the capacity as follows:

15 or fewer:	$ 25
16 - 50:	$100
51 - 100:	$175
101 or more:	$250

When changes in the license are requested, a license replacement fee of $25 shall be paid.

A processing fee of $5 shall be paid for issuing a duplicate license with no changes.

Relicensing

Relicensing is conducted annually similar to the original licensing survey. The 12-month documentation of activities of a child care facility shall be available for review.

Before a license expires, reinspection of the center shall be conducted by the Office of Public Health, Sanitarian Services; Office of the State Fire Marshal, Code Enforcement and Building Safety; City Fire (if applicable) and the Bureau of Licensing.

A provider that is not complying with the minimum standards as determined by the survey shall be reported to the Louisiana Advisory Committee on Child Care Facilities and Child Placing Agencies for recommendation to revoke or deny the license.

License Revocation, Denial or Non-renewal

A child care license shall be revoked, denied or not renewed for the following reasons:

violation of any provision of the Louisiana Revised Statutes, or failure to meet any of the minimum standards by the Department of Social services;
maltreatment of children in care;
conviction or plea of guilty or nolo contender of a felony, or any offense involving violence or sex and juvenile victim;
hiring or continued employment of any individual convicted of a felony or plea of guilty or nolo contender or any offense involving violence or sex and juvenile victim;
if the provider is owned or under the directorship of a non-reputable person;
if any center staff is not suitable in caring for children;
history of noncompliance;
disapproval from any agency required to conduct and approve center inspection as requirement for licensure;
non-payment of a license fee or failure to submit application prior to license expiration;
if a center is closed and indicates no plans for immediate re-opening or means of verifying compliance with the minimum standards;
falsification or any act of fraud in the documents submitted to meet the requirements for licensing;
if the provider refuses to allow the Bureau to perform its duties;
use or presence of recalled products of the provider as published by the Office of the Attorney General; or
failure to participate in mandatory trainings provided by the Bureau.

Appeal Procedures

A child care provider shall receive a letter from the Bureau indicating the reason(s) why the license is denied, revoked or not renewed.

The center Director may appeal for the decision of the Bureau through a written request indicating the reasons of the appeal to the Secretary of the Department of Social Services or write to:

Department of Social Services
Bureau of Appeals
P. O. Box 2944
Baton Rouge, LA 70821-9118

The written request of appeal shall be submitted within 30 days of receipt of the notification.

The Bureau of Appeals shall then set a hearing within 30 days of receipt of the request. The appellant shall be notified of the decision through a certified letter of the decision within 90 days. If the appeal is denied, the provider shall immediately discontinue operating. Otherwise, the Department of Social Services may file suit in the district court in which the center is located for injunctive relief.

Required Notification

The center Director shall report all incidents within 24 hours or the next workday including the following events:

any death of a child while in the care of the provider;
any illness or injury requiring hospitalization or professional medical attention other than first aid of a child while in the care of the provider;
any fire;
any structural disaster;
any emergency situation that requires temporarily relocating children;
any unusual situation which affects the care of a child or children, e.g. child left unsupervised in the center, on the van, in play yard, on field trip, extended loss of power, water service, gas, etc.; or
any child leaving the center unsupervised or with an unauthorized person.

General Requirements

A current license shall be posted in a conspicuous place in a child care center for easy view of parents and visitors. Church affiliated child care centers are exempted from this provision and shall only keep the license on file and make it available only upon request.
A provider shall maintain a commercial liability insurance that will cover children in the event of accident or injury. The provider shall shoulder all medical expenses of an injured child while in care.
Parents shall not be required to waive the provider's responsibility.
The provider shall keep a file of documentation of the annual sanitation inspection and approval by the Office of Public Health, Sanitarian Services.
The provider shall seek approval from the health department if the food for the children is catered or transported.
The provider shall keep a documentation of the annual safety inspection and approval of the Office of State Fire Marshal.
The provider shall file a documentation of the yearly safety inspection and approval from the City Fire Department (if applicable).
A child care provider shall secure a certificate of occupancy or zoning, if applicable.
The provider shall keep a record of daily attendance of children in care completed by the parent or staff person. This record shall reflect the presence of children in the center's premises including time or arrival and departure and the person who drop-off or pick-up a child.
The provider shall keep a daily attendance record of all center staff including time of arrival and departure.
A child care provider shall designate a person who is readily available in case of emergency. The contact details of the emergency person shall be posted near the center's telephone.
A staff person shall always accompany any visitor in the center.

Policies and Procedures Related to Children

A center Director shall ensure that the individual needs of the children will be met in the child care program offered through consultation with parents prior to admission. The provider shall provide parents with written policies and procedures of the center.
A daily schedule and plan of activities shall be posted. All child care programs shall be age-appropriate and flexible to accommodate individual needs of children in care. The child care program shall provide active and quite activities for children in care and indoor and outdoor play.
Programs and movies that have violent or for adults content shall not be permitted in the presence of children.
Children at ages 5 years and younger shall be provided with daily rest period of at least 1 hour. Napping periods are not required to be provided to children who will only stay in the center for a half day.
Children shall not remain in a crib or cot, swing, carrier, high chair, or playpen for 30 minutes.

Discipline

A child care provider shall have a written policy indicating the methods of discipline imposed to children in care. Any form of discipline that is unreasonably astray from the stipulated standards and is forbidden shall be prohibited. The policy on disciplining children shall be posted in the center.

The following forms of discipline shall be prohibited:

Corporal punishment, physical punishment, verbal abuse or threats;
Cruel, severe, unusual, or unnecessary punishment;
Derogatory remarks about family members of children in care or about the children themselves;
Deprivation of meals or snacks;
Discipline or punishment by another child.

A child separated from the group as a disciplinary action shall still be within the sight or supervision of center staff.

Mandatory Reporting

Any abuse or neglect that is suspected to be inflicted to a child in care in accordance with the Louisiana Revised Statutes shall be immediately reported.

Complaint Procedure

Parents shall be provided with the contact details of the Bureau of Licensing and its authority to issue or deny the license of a child care facility. Parents shall also be advised to write or call the Bureau in case of any suspicion that the provider is not complying with any minimum standards required in licensure. The written complaint procedure shall be posted in the center.

Open Door Policy

A child care provider shall inform parents of children enrolled in the center that they can visit the facility anytime during hours of operation. The open door policy shall be posted in the center.

Non-Discrimination Policy

No child enrolled in a child care center shall be discriminated based on race, color, sex, national origin, special needs condition, or ancestry. This non-discrimination policy shall be posted in the center.

Records of Children

A child care provider shall maintain a record of each child enrolled in the center. The record shall contain the child's information form or mastercard indicating all pertinent information about the child, parental authorization for emergency medical treatment, signed agreements between the provider and the parent giving permission to release the child to a person authorized by the parent, and signed agreements between the provider and the parent to transport the child.

The provider shall maintain confidentiality of the child's records. Center staff shall not divulge information about any child in care to any unauthorized person.

Any information shall be permitted by a parent to be released in written statement before it is released by a center staff except when it is requested by an authorized state and federal agency.

A documentation signed and dated by the parent shall be obtained by a provider when it has a program that plans to, but not limited to, record or tape children.

Retention of Records

All documentation of activities within the 12-month operation of a child care facility shall be maintained in the center and shall be available for review.

All files or records of the children in care shall be kept and maintained in the center for 1 year.

For the purpose of licensing when staff records will need to be reviewed, records of all center staff shall be maintained in the center for 1 year.

Required Staff

A child care provider shall have a qualified and full time director who is responsible for planning, controlling the center's daily activities, managing, and responding to parental concerns. A center director shall ensure that the facility meets the minimum standards for operating a child care facility and the requirements for licensing. There shall be a designated qualified director designee who will act in behalf of the director in his or her absence.

In the absence of the director and the director designee, an appointed staff-in-charge who is at least 21 years of age shall take over.

A director or a director designee's duty shall only cover administrative functions when the number of children in care exceeds 42.

A provider shall employ qualified center staff persons who are capable of performing their assigned duties.

Adequate housekeeping and cooking provisions shall be offered and these shall not interfere with the supervision required to be rendered to children in care.

There shall be qualified substitute staff persons who are capable of fulfilling duties of which they are assigned.

All child care staff shall be 18 years of age or older. Staff persons who are 16 or 17 years of age working under the direct supervision of qualified center staff persons can be counted to the staff to child ratio. Persons under age 16 shall not be used as a child care staff.

Director Qualifications

A director and his designee shall be at least 21 years of age.

A director and his designee upon employment shall have documentation of at least one of the following:

bachelor's degree from an accredited college or university with at least 12 credit hours of child development or early childhood education and one year of experience in a licensed child care center;
Associate of Arts degree in child development or a closely related area, and one year of experience in a licensed child care center;
National Administrator Credential as awarded by the National Child Care Association, and one year experience in a licensed child care center;
Child Development Associate Credential (CDA) and one year of experience in a licensed child care center;
diploma from a post secondary technical early childhood education training program approved by the Board of Regents or correspondence course approved by the Bureau and one year of experience in a licensed child care center;
3 ears of experience as a director or staff in a licensed child care center, or comparable setting; plus six credit hours in child care, child development, or early childhood education or 90 "clock hours" of training approved by the Bureau. Up to three credit hours or 45 clock hours may be in management/administration education.

All experiences entered a qualification shall be subject to the Bureau's approval.

Personnel Records

A complete information or record about each child care center staff persons shall be maintained and kept in the center.

Each child care facility employee shall have three current and positive reference checks given by persons not related to the employee.

The provider shall keep and maintain a written job description for each position at the center.

Each staff person shall have a record of good health through written statement by a physician or designee. The health statement is required every 3 years.

Each staff shall have a documentation of satisfactory criminal record check. This clearance shall be requested prior to employment. No staff with a criminal conviction of a felony, a plea of guilty or nolo contendere of a felony, or any offense of a violent or sexual nature, or any offense involving a juvenile victim shall be employed in a Class "A" child care center.

All therapeutic professionals and extracurricular personnel shall have a file of information in the center to include documentation of satisfactory criminal record check and documentation of their presence at the facility.

Each student trainee shall also have a record of information to include applicant's personal information, job descriptions, and documentation of their presence at the facility.

Staff Development and Training

Orientation Training
All center staff shall receive orientation training on early child care within 1 week of employment before taking any responsibility for a group of children.

The orientation training is followed by a 4-day supervised work with children.

Such trainings shall be documented and kept in file in the center's records.

Quarterly Training

Every three months, the center director shall conduct 1 staff training session or meeting.

This training shall be documented indicating all staff in attendance.

Annual Review

All center staff shall have a checklist of the following topics that are annually reviewed:

center policies and practices including health and safety procedures;
emergency and evacuation plan;
supervision of children;
discipline policy;
job description;
individual needs of the children enrolled;
detecting and reporting child abuse and neglect;
current Child Day Care Class "A" Minimum Standards;
confidentiality of information regarding children and their families.

Continuing Education

The center director shall offer opportunities to the center staff a continuing education through workshops and conferences. Participating staff in continuing education programs shall be those who have direct supervision or authority over children in care. A staff participating in a continuing education program shall complete 12 hours of approved training related to their job description.

Center cooks and drivers who are not left alone nor have supervisory or disciplinary authority over children shall complete at least 3 hours of training job annually.

CPR and First Aide Training

At least 50 percent of the center staff who are at the center's premises at all times shall have certification of CPR for children and adults. This training shall be approved by the Department of Social Sciences.

A child care center with multiple floors or buildings shall have at least one staff with CPR certification per floor or building.

At least 50 percent of the center staff who are at the center's premises at all times shall have certification of current pediatric first aide. This certification shall be approved by the Department of Social Sciences.

Center with multiple floors and buildings shall have at least one staff with pediatric first aide certification approved by the Department of Social Sciences.

During transportation of children, there shall be at least one staff certified in CPR and pediatric first aide per vehicle.

At least 50 percent of the supervising staff on a field trip shall have certification on CPR and pediatric first aide.

In non-vehicular excursions, there shall be at least one staff certified on CPR and pediatric first aide.

Emergency Procedures

The director shall have a written emergency procedure in the event of calamities such as fire, flood, hurricane, tornado, train derailment, chemical spill, etc.

Water Activities

A child care facility must obtain first a written authorization from the parent before a child is permitted to participate in a water activity. This written authorization is updated annually.

At least 2 staff certified in CPR and pediatric first aide shall be present in areas where water activities such as swimming and wading are conducted.

Areas where water activities are conducted shall be provided with water safety devices.

Staff to Child Ratios

Staff to child ratios shall be met and maintained at all times. Generally, there shall be a minimum of 2 staff persons present in a child care center during hours of operation.

The following staff to child ratios shall be maintained:

Ages of Children	Ratio
Infants under 12 months	5:1
One year old	7:1
Two year old	11:1
Three year old	13:1
Four year old	15:1
Five year old	19:1
Six year old and up	23:1

During naptime, the staff to child ratios to be maintained at all times shall be:

Staff to child ratio plus one additional adult for field trips and non-vehicular excursions.
A designated number of children shall relate daily to a designated staff on a regular and consistent basis.
When a provider accommodates more children with special needs, the provider must add sufficient number of staff deemed necessary.

Supervision

All children in a child care center shall be supervised at all times. They shall never be left alone in any room or outdoors. Even sleeping children shall be within the sight and supervision of center staff.

Any person who may hinder the supervision of the children in care and the implementation of the child care program shall not be present in a child care facility.

Nutrition

A child care provider must offer the children in care nutritious meals and snacks that are well-balanced and nourishing in accordance with the Child and Adult Care Food Program of the United States Department of Agriculture.

Meals and snacks shall be served at two and one-half to three hour intervals.

The weekly menus for meals and snacks indicating specific food items to be served shall be posted in the center.

Food shall be served for each child on individual plates, napkins, paper towels and cups.

Provider who does not offer breakfast in its program shall provide one for children arriving in the center without having eaten his or her breakfast.

Vending machines for soft drinks and other food dispensers shall not be located in the children's play areas.

Infants who are bottle-fed shall not be left alone nor is the bottled propped.

A potable drinking water shall be provided in both indoor and outdoor areas.

Health

Children shall not be administered a medication unless a signed written consent or permission by the parent is obtained by the provider.

All staff administering medication to children shall attend a medication administration at least every 2 years.

All records of medication administration shall be maintained in the files of the center.

All incidents and injuries involving a child in care shall be documented and the parent or guardian shall be immediately notified.

Physical Environment

Indoor

The child care center shall be exclusively used by children during hours of operation. No distractions shall be present in a child care facility which may imperil the children's wellbeing and participation in the child care program.

There shall be at least 35 square meters of space allotted for each child.

The number of children using an indoor space shall be based on the 35 square meter space allotment for each child.

An indoor space must include a room or space allotted for separation of a child from the group in case of a disciplinary action.

There shall be an indoor space for the purpose of privacy for diapering and dressing children.

Outdoor

An outdoor play area shall have a direct exit into the outdoor play yard. An outdoor space shall have at least 75 square feet per child at one time. An outdoor play space shall be bale to accommodate one third of the licensed capacity.

An outdoor play space shall be protected with a wall or fence. An outdoor play area shall be free of hazards that children may come in contact with.

Bodies of water accessible to children shall be protected with a barrier.

Furnishing and Equipment

A licensed child care provider shall ensure that children enrolled in the center will have a safe and comfortable stay in the facility with the provision of appropriate furnishing and equipment necessary to achieve the objectives of the child care program.

The following furniture and equipment and safety measures must be observed in a child care facility:

A working telephone must be available in the center.
A center with multiple buildings or floors shall post an emergency plan for each building or floor.
Emergency numbers shall be posted beside a telephone.
The telephone number for poison control shall be placed near a telephone.
The center's physical address shall be posted with the emergency numbers.
All equipment and materials used in the center and by the children shall be in good repair and age- and developmentally-appropriate.
All furnishings and equipment shall be free of rough and sharp edges or nay hazards which may endanger children who can access them.
Sleeping equipment shall be in good repair and washed immediately when wet or soiled and appropriately labelled by the name of the child using them.
Sleeping equipment and materials shall be safe for use of children and protected with rails especially cribs of infants.
Trampolines, infant walkers, and toy chests with attached lids are prohibited.

Nighttime Child Care Program

A nighttime child care program is care provided by a child care center to children after 9:00 pm.

For a provider offering nighttime care, the following additional standards shall apply:

There shall be a designated "staff-in-charge" employee who is at least 21 years of age.
Adequate staff shall be present in the center to meet the child/staff ratios.
Each child shall be provided with individual sleeping bed or cot with clean and comfortable mattress and sheet.
Nighttime schedule of activities shall be posted.
Evening quiet time activity such as story time, games, and reading shall be provided to each child arriving before bedtime.
No physical restraints shall be used to confine children to bed.
The center's entrance and drop off zones shall be well-lighted during hours of operation.

FIND A DAYCARE OR CHILD CARE IN LOUISIANA

The main licensing contact in the state of Louisiana is:

State Licensing Contact
Department of Social Services
Bureau of Licensing
P.O. Box 3078
Baton Rouge, LA 70821

Phone: (225) 342-9905
Web Page: http://www.dss.state.la.us/index.cfm?md=pagebuilder&tmp=home&pid=97

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