La. Admin. Code tit. 67 § V-7105
Abuse any one of the following acts which seriously endangers the physical, mental, or emotional health of the resident or child of a resident:
Affiliate-
Age or Developmentally-Appropriate Activities or Items-activities or items that are generally accepted as suitable for an individual of the same chronological age or level of maturity or that are determined to be developmentally appropriate for an individual, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and in the case of a specific individual, activities or items that are suitable for the individual based on the developmental stages attained by the individual with respect to the cognitive, emotional, physical, and behavioral capacities of the individual.
Behavior Support-the entire spectrum of activities from proactive and planned use of the environment, routines, and structure of the particular setting to less restrictive interventions such as positive reinforcement, verbal interventions, de-escalation techniques, and therapeutic activities that are conducive to each resident's development of positive behavior
Behavior Support Plan-a written document that addresses the holistic needs of the resident and includes the residents coping strategies, de-escalation preferences, and preferred intervention methods.
Child-a person who has not reached age 18 or otherwise legally emancipated.
Complaint-an allegation that any person is violating any provisions of these standards or engaging in conduct, either by omission or commission, that negatively affects the health, safety, rights, or welfare of any resident or child of a resident who is residing in a residential home.
Criminal Background Check-a review of any and all records containing any information collected and stored in the criminal record repository of the Federal Bureau of Investigation, the state Department of Public Safety and Corrections, or any other repository of criminal history records, involving a pending arrest or conviction by a criminal justice agency, including, but not limited to, child abuse crime information, conviction record information, fingerprint cards, correctional induction and release information, identifiable descriptions and notations of convictions; provided, however, dissemination of such information is not forbidden by order of any court of competent jurisdiction or by federal law.
Contractor-any person who renders professional services, therapeutic services, enrichment services, or counseling to residents and/or children of 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 and/or children 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.
DAL-the Division of Administrative Law.
Debriefing-a process by which information is gathered from all involved parties after the use of personal restraints or seclusion that includes an evaluation of the incident, documentation detailing the events leading up to the incident, and ways to avoid such incidents in the future.
Department (DCFS)-Department of Children and Family Services.
Direct Care Worker-a person counted in the resident or child/staff ratio, whose duties include the direct care, supervision, guidance, and protection of a resident or child of a resident. This does not include a contract service provider who provides a specific type of service to the operation for a limited number of hours per week or month or works with one particular resident or child of a resident.
Direct Supervision-the function of observing, overseeing, and guiding a resident or child of a resident and/or group of residents or children of residents. This includes awareness of and responsibility for the ongoing activity of each individual and being near enough to intervene if needed. It requires physical presence, accountability for their care, knowledge of activity requirements, and knowledge of the individuals abilities and needs.
Discipline-the ongoing positive process of helping children of residents or residents develop inner control so that they can manage their own behavior in an appropriate and acceptable manner by using corrective action to change the inappropriate behavior.
Disqualification Period-the prescriptive period during which the department shall not process an application from a provider Any unlicensed operation during the disqualification period shall interrupt running of prescription until the department has verified that the unlicensed operation has ceased.
Documentation-written evidence or proof, signed and dated by the parties involved (director, residents, staff, etc.), and available for review.
Effective Date-of a revocation, denial, or non-renewal of a license shall be the last day for applying to appeal the action, if the action is not appealed.
Employee-all full- or part-time paid or unpaid staff who perform services for the residential home and have direct or indirect contact with children of residents or residents 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.
Facility-residential home as defined in R.S. 46:1403.
Human Service Field-the field of employment similar or related to social services such as social work, psychology, sociology, special education, rehabilitation counseling, child development, guidance and counseling, divinity, education, juvenile justice and/or corrections through which a person gains experience in providing services to the public and/or private clients that serves to meet the years of experience required for a job as specified on the job description for that position.
Independent Contractor-Repealed.
Individual Owner-Repealed.
Infant-a child that has not yet reached his first birthday.
Injury of Unknown Origin-an injury where the source of the injury was not observed by any person or the source of the injury could not be explained by the resident or child of a resident and the injury is suspicious because of the extent of the injury or the location of the injury (e.g., the injury is located in an area not generally vulnerable to trauma).
Interdiction-a legal restraint upon a person incapable of managing his estate, because of mental incapacity, from signing any deed or doing any act to his own prejudice, without the consent of his curator or interdictor
Juridical Entity-corporation, partnership, limited-liability company, church, university, or governmental entity.
Legal Guardian-person who has the legal authority and the corresponding duty to care for the personal and property interest of another person.
Legal Guardianship-the duty and authority to make important decisions in matters having a permanent effect on the life and development of the resident or child of a resident and the responsibility for the residents or child of a resident's general welfare until he reaches the age of majority, subject to any rights possessed by the parents. It shall include the rights and responsibilities of legal custody.
License-any license issued by the department to operate a facility as defined in R.S. 46:1403.
Licensing Section-DCFS Licensing Section.
Lifebook-a record of a residents or child of a residents life which chronicles accomplishments, milestones, and important people in their lives through pictures, words, artwork, and memorabilia
Mandated Reporter-professionals who may work with children of residents or residents in the course of their professional duties and who consequently are required to report all suspected cases of abuse and neglect. This includes any person who provides training and supervision of a child of a resident or resident, such as a public or private school teacher, teachers 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 homes, a licensed or unlicensed day care provider, any individual who provides such services to a child of a resident or resident, or any other person made a mandatory reporter under article 603 of the Children's Code or other applicable law.
Medication-all drugs administered internally and/or externally, whether over-the-counter or prescribed.
Neglect-the refusal or unreasonable failure of a parent or caretaker to supply the child of a resident or resident with necessary food, clothing, shelter, care, treatment, or counseling for any injury, illness, or condition of an individual under the age of 18, as a result of which the individuals physical, mental, or emotional health and safety is substantially threatened or impaired.
Operator-owner of a residential home.
Owner-Repealed.
Owner or Operator-individual or juridical entity exercising direct or indirect control over a licensed entity. For licensing purposes the following are considered owners:
Ownership-Repealed.
Personal Restraint-a type of emergency behavior intervention that uses the application of physical force without the use of any device to restrict the free movement of all or part of a residents body in order to control physical activity. Personal restraint includes escorting, which is when a staff uses physical force to move or direct a resident who physically resists moving with the staff to another location.
Program Director-the person with authority and responsibility for the on-site, daily implementation, and supervision of the overall facility's operation.
Provider-any facility, organization, agency, institution, program, or person licensed by the department to provide services to children of residents or residents which includes all owners of a facility, including the program director of such facility.
Reasonable and Prudent Parent Standard-standard that a caregiver shall use when determining whether to allow a resident or child of a resident in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural, and social activities. The standard is characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a resident or child of a resident while at the same time encouraging the emotional and developmental growth of the resident or child of a resident.
Reasonable and Prudent Parent Training-training that includes knowledge and skills relating to the reasonable and prudent parent standard for the participation of the resident or child of a resident in age or developmentally-appropriate activities. This includes knowledge and skills relating to the developmental stages of the cognitive, emotional, physical, and behavioral capacities of a resident or child of a resident and knowledge and skills relating to applying the standard to decisions such as whether to allow the resident or child of a resident to engage in social, extracurricular, enrichment, cultural, and social activities. Activities include sports, field trips, and overnight activities lasting one or more days. Also included is knowledge and skills in decisions involving the signing of permission slips and arranging of transportation for the resident or child of a resident to and from extracurricular, enrichment, and social activities.
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.
Related or Relative-a natural or adopted child or grandchild of the caregiver or a child in the legal custody of the caregiver
Resident-an individual who receives full-time 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.
Residential Home-any place, facility, or home operated by any institution, society, agency, corporation, person or persons, or any other group to provide full-time care, 24 hours per day, for more than four children, who may remain at the facility in accordance with R.S. 46:1403.1, who are not related to the operators and, except as provided in this Paragraph, whose parents or guardians are not residents of the same facility, with or without transfer of custody. However, a child of a person who is a resident of a residential home may reside with that parent at the same facility.
Rest Time-period between 9 p.m. and 6 a.m. when residents are either asleep or are lying down in their own beds with the intent of going to sleep. Residents may be reading, listening to music, or other individual quiet activities that promote said sleep time.
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 resident or child(ren) of the resident.
Seclusion-involuntary confinement of a resident away from other residents, due to imminent risk of harm to self or others, in a room which the resident is physically prevented from leaving.
Service Plan-a written plan of action for residents usually developed between the family, resident, social worker, and other service providers, that identifies needs, sets goals, and describes strategies and timelines for achieving goals.
Staff-all-full- or part-time paid or unpaid staff who perform services for the residential home and have direct or indirect contact with children of residents or residents 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.
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.
Substantial Bodily Harm-physical injury serious enough that a prudent person would conclude that the injury required professional medical attention. It does not include minor bruising, the risk of minor bruising, or similar forms of minor bodily harm that will resolve healthily without professional medical attention.
Supervision-the function of observing, overseeing, and guiding a resident or child of a resident and/or group of residents or children of residents. This includes awareness of and responsibility for the ongoing activity of each individual and being near enough to intervene if needed. It requires accountability for their care, knowledge of activity requirements, and knowledge of the individuals abilities and needs.
Time-Out-a strategy used to teach individuals to calm themselves, during which a child of a resident or resident is not given the opportunity to receive positive reinforcement and/or participate in the current routine or activity until he/she is less agitated.
Type IV License-license held by any public- or privately-owned residential home.
Unlicensed Operation-operation of a residential home, at any location, without a valid, current license issued by the department for that location.
Volunteer-an individual who works at the facility and whose work is uncompensated. This may include students, interns, tutors, counselors, and other non-staff individuals who may or may not work directly with the residents or children of residents.
Waiver-an exemption granted by the secretary of the department from compliance with a standard that will not place the resident, child of a resident, or staff member at risk.
Youth-a person not less than 16 years of age nor older than 21 years of age in accordance with R.S. 46:1403.1(B).
La. Admin. Code tit. 67, § V-7105