La. Admin. Code tit. 67 § V-7305
Abuse-any of the following acts which seriously endangers the physical, mental, or emotional health and safety of the child.
1. The infliction, attempted infliction, or as a result of inadequate supervision, allowing the infliction or attempted infliction of physical or mental injury upon the child by a parent or any other person.
2. The exploitation or overwork of a child by a parent or any other person, including, but not limited to commercial sexual exploitation of the child.
3. The involvement of the child in any sexual act with a parent or any other person, or the aiding or toleration by the parent, caretaker, or any other person of the childs involvement in any of the following:
a. any sexual act with any other person;
b. pornographic displays;
c. any sexual activity constituting a crime under the laws of this state; or
d. the coerced abortion conducted upon a child.
Adoption Disruption-the interruption of an adoption after placement of the child and before legal finalization of the adoption.
Affiliate-
1. with respect to a partnership, each partner thereof;
2. with respect to a corporation, each officer, director and stockholder thereof;
3. with respect to a natural person, that person and any individual related by blood, marriage, or adoption within the third degree of kinship to that person; any partnership, together with any or all its partners in which that person is a partner; and any corporation in which that person is an officer, director or stockholder, or holds, directly or indirectly, a controlling interest;
4. with respect to any of the above, any mandatory, agent, representative, or any other person, natural or juridical, acting at the direction of or on behalf of the licensee or applicant; or
5. administrator, executive director, or program director of any such DCFS licensed agency or facility
Age or Developmentally Appropriate Activities or Items-activities or items that are generally accepted as suitable for children/youth of the same chronological age or level of maturity or that are developmentally appropriate, based on the cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and in the case of a specific child/youth, activities or items that are suitable for that child/youth based on developmental stages attained with respect to cognitive, emotional, physical, and behavioral capacities.
Agency-any place, program, agency operated or required by law to operate under a license, including facilities owned or operated by any governmental, profit, nonprofit, private, or church entity
Anniversary-licensure year determined by the month in which the initial license was issued to the child-placing agency and in which the license is eligible for renewal each year.
Approved Home-physical address of a home which has been determined by the child-placing agency to meet all the requirements noted herein.
Babysitting-care arranged for and paid for by foster/adoptive parents for foster/adoptive children in the absence of the foster/adoptive parents.
Birth Certificate-official document issued to record a persons birth, which includes identifying data such as name, gender, date of birth, place of birth, and parentage.
Case Plan-plan developed by DCFS child welfare to establish short and long term goals based on the strengths and needs of the family and child/youth.
Change of Location (CHOL)-change of physical address of the child-placing agency
Change of Ownership (CHOW)-transfer of ownership of a currently licensed child-placing agency to someone other than the owner listed on the initial application without a break in service. Ownership of the business, not the building, determines the owner Sale of the juridical entity or lease of the business also constitutes a change of ownership.
Chemical Restraint-medication or drug administered to control behavior or to sedate.
Child- person who has not reached the age eighteen or otherwise been legally emancipated. The words "child" and "children" are used interchangeably throughout this chapter.
Child-placing agency (CPA)-any institution, society, agency, corporation, facility, person or persons, or any other group engaged in placing children in foster care or with substitute parents for temporary care or for adoption or engaged in assisting or facilitating the adoption of children, or engaged in placing youth in transitional placing programs, but shall not mean a person who may occasionally refer children for temporary care.
Child Welfare (CW)-Division within the Department of Children and Family Services.
Complaints-an allegation that any person is violating any provision of these standards or engaging in conduct, either by omission or commission, that negatively affects the health, safety, rights, and/or welfare of any child/youth receiving services from a child-placing agency
Contractor-any person who renders professional services, therapeutic services, enrichment services, or counseling to children/youth such as educational consulting, athletic, or artistic services within a child-placing agency, whose services are not integral to either the operation of the child-placing agency or to the care and supervision of children/youth. 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 is a staff person of the child-placing agency.
Criminal Background Check (CBC)-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/or any other repository of criminal 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.
DAL-the Division of Administrative Law.
DCFS-the Department of Children and Family Services.
Department-the Department of Children and Family Services.
Dependent Adult-a person who is 18 years of age or older who is dependent upon foster/adoptive parents for physical and/or developmental care or support and would be in danger if care or support is withdrawn.
Dependent Child-person who is under the age of 18 years who is dependent upon foster/adoptive parents for physical and/or developmental care or support and would be in danger if care or support is withdrawn.
Discipline-positive corrective action used to manage inappropriate behavior in children/youth.
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 agency/facility has ceased operating.
Documentation-written evidence or proof, signed and dated by parties involved (executive director, program director, foster/adoptive parent, staff, children, youth, etc.), on site and available for review.
Emergency Removal-a disruption of the current placement whereby removal of the child within 48 hours is requested.
Executive Director-the individual responsible for the management, administration, and supervision of the child-placing agency.
Existing Child-placing agency-a provider with a valid license at a particular location prior to the effective date of these standards.
Foster Care-placement of a child/youth in a foster home, a relatives home, residential home, or other living arrangement approved and supervised by the state for the provision of substitute care for a child.
Foster Home- private home of one or more persons who provide continuous 24-hour substitute parenting for one to six children living apart from their parent(s) or guardians who are placed for foster care under the supervision of the department or a licensed child-placing agency.
Foster Parent-an individual(s) who provides foster care with the approval and under the supervision of the department or of a licensed child-placing provider
Full-Time-employment by which a person works a minimum of 35 hours Monday through Friday each week.
Functional Literacy-the ability to read and write at the level necessary to participate effectively in society.
Human Service Field-the field of employment related to social services such as social work, psychology, sociology, special education, nursing, rehabilitation counseling, criminal justice, juvenile justice, and/or corrections.
Home Study-a comprehensive evaluation of the home environment and life of prospective foster and adoptive parents conducted in accordance with applicable requirements of the state in which the home is located to determine the suitability of the family to meet the individual needs of a child, including the child's safety, permanency, health, well-being, and mental, emotional, and physical development.
Injury of Unknown Origin-an injury where the source was not observed by any person and/or could not be explained by the child/youth and is suspicious due to the extent of the injury or its location (e.g., an injury located in an area not generally vulnerable to trauma).
Intercountry-adoption of a child from another country.
Interstate Compact on the Placement of Children (ICPC)-procedures for ensuring the safety and stability of placements of children across state lines.
Juridical Person/Entity-a limited liability company, partnership, corporation, church, university, or governmental department/agency.
Legal Custody-the right to have physical custody of a child and to determine where and with whom the child shall reside; to exercise the rights and duty to protect, train, and discipline the child; the authority to consent to major medical, psychiatric, and surgical treatment; and to provide the child with food, shelter, education, and ordinary medical care, all subject to any residual rights possessed by the child's parents.
Legal Guardian-a person or agency with the legal authority and corresponding duty to care for the person and property of a child/youth.
Legal Guardianship-a legal relationship created between a minor and a guardian, which may be a person or institution, that gives the guardian certain rights and obligations such as the authority to make decisions regarding the life and development of the minor and the minor's general welfare until he/she reaches the age of majority.
License-a certification issued by the department to operate a child-placing agency as defined in R.S. 46:1403.
Licensing deficiency review-formalized process by which a provider may challenge deficiencies cited during a licensing inspection that the provider contends are in whole or part factually inaccurate.
Lifebook-a record chronicling accomplishments, milestones, and important persons in a child's life through pictures, words, art, awards, ribbons, and memorabilia.
Living Unit-a house, mobile home, or apartment.
LSP-Louisiana State Police.
Mechanical Restraint-an approved professionally manufactured device used to modify the behavior of a child/youth by restricting his/her free movement.
Medication-drugs, topicals, or other remedies used to treat illness or injury or relieve pain whether over-the-counter or prescribed.
Medically Fragile-a child/youth with intensive care needs due to chronic and severe conditions and/or functional limitations requiring skilled care from a health care professional or specially trained family or foster family member.
Natural Person-a human being and if that person is married and not judicially separated or divorced, the spouse of that person.
Neglect-the refusal or unreasonable failure of a parent or caretaker to supply the child with necessary food, clothing, shelter, care, treatment, or counseling for any injury, illness, or condition of the child, as a result of which the child's physical, mental, or emotional health and safety is substantially threatened or impaired.
Owner or Operator-individual or juridical entity exercising direct or indirect control over a licensing entity. For licensing purposes the following are considered owners:
1. 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 agency premises when children/youth are present;
2. 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 agency premises when children/youth are present;
3. 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 agency premises when children/youth are present; or
4. 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 agency premises when children/youth are present.
Ownership-the right that confers on a person direct, immediate, and exclusive authority over a thing. The owner of that thing may use, enjoy, and dispose of the thing within the limits and under the conditions established by law.
1. Direct Ownership-the owner is a natural person with sole control of the child-placing agency.
2. Indirect Ownership-the owner is a juridical entity. Parent-any living person who is presumed to be a parent under the Civil Code or a birth or adoptive mother or father of a child.
Physical Restraint-emergency physical intervention used to restrict movement of the arms, legs, body or head of a child/youth which includes holding a child in a manner that restricts movement.
Program Director-the individual with authority and responsibility for the on-site daily operation of the child-placing agency as recorded with the licensing section.
Posted-prominently displayed in a conspicuous location in an area accessible to and regularly used by children/youth and/or staff.
Provider-child-placing agency.
Public Law 115-123 -Title VII Family First Prevention Services Act
Reasonable and Prudent Parent Standard-standard that a caregiver shall use when determining whether to allow a child 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 child while at the same time encouraging the emotional and developmental growth of the child.
Reasonable and Prudent Parent Training-training that includes knowledge and skills relating to the reasonable and prudent parent standard for the participation of the child 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 child and knowledge and skills relating to applying the standard to decisions such as whether to allow the child 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 child 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.
Respite Care-temporary care arranged by or paid for by the child-placing agency to provide relief to foster or adoptive parents.
Service Plan-a written plan of action developed by the child-placing agency for each individual child that identifies needs, sets goals, and describes strategies and timelines for achieving goals.
Shall or Must-mandatory.
Should-advised or may.
Staff-full or part-time paid or non-paid child-placing agency personnel who perform services for the child-placing agency and have direct or indirect contact with children/youth.
State Central Registry (SCR)-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-a physical injury such 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 injuries that heal without professional medical attention.
Supervision-the function of observing, overseeing, and guiding a child/youth which includes awareness of and responsibility for the ongoing activity of each child/youth requiring accountability for their care, knowledge of their activities and whereabouts, and knowledge of their individual abilities and needs.
Temporary Closure-closure of more than 14 calendar days, but less than 30 calendar days.
Therapeutic Foster Care-foster care that accommodates a child or youth whose need for prolonged specialized care and supervision requires continuous professional oversight preventing placement in a standard foster home.
Transitional Placing Program-a program that places youth, at least 16 years of age and not older than 21 years of age, in an independent living situation supervised by a provider with the goal of preparing the youth for living independently without supervision.
Type IV License-license held by any publicly or privately owned child-placing agency provider.
Unlicensed Operation-operation of any specialized provider at any location, without a valid, current license issued by the department.
Visitor-anyone who enters a child-placing agency other than child-placing agency staff, contractor, therapeutic professionals, and in the case of a church or school, pastor, principal, teacher, etc.
Volunteer-an individual who provides services for the provider 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 children.
Waiver-an exemption from compliance with a regulation granted by the secretary of the department.
Youth-a person not less than sixteen years of age nor older than twenty-one years of age.
La. Admin. Code tit. 67, § V-7305