Judges: RICHARD P. IEYOUB
Filed Date: 2/22/1995
Status: Precedential
Modified Date: 7/5/2016
Dear Representative McFerren:
This office is in receipt of your request for an opinion of the Attorney General in regard to Day Care facilities. You present questions relative to Act
R.S.
A. As used in this Chapter, the following definitions shall apply unless the context clearly states otherwise:
(1) "Child" means a person who has not reached the age of thirteen. The words "child" and "children" are used interchangeably in this Chapter.
(2) "Child and Adult Care Food Program" means the federal nutrition reimbursement program funded by the federal Department of Agriculture through the state Department of Education.
(3) "Department" means the Department of Health and Hospitals or the Department of Social Services or the Department of Education in accordance with
7 C.F.R. Part 226 , as indicated by the context.(4) "Family child day care home" means any place, facility, or home operated by any institution, society, agency, corporation, person or persons, or any other group for the primary purpose of providing care, supervision, and/or guidance of six or fewer children.
(5) "Group child day care home" means any place, facility, or home operated by any institution, society, agency, corporation, person or persons, or any other group for the primary purpose of providing care, supervision, and/or guidance of seven but nor more than twelve children.
(6) "Sponsoring agency" means any private, public, for profit or nonprofit corporation, society, agency, or any other group approved by or contracted with the Department of Education to coordinate family child day care homes and group child day care homes participating in the federal Child and Adult Care Food Program.
B. For purposes of this Chapter, "registered home" shall include family child day care homes and group child day care homes registered in accordance with this Chapter.
R.S.
A. The Department of Health and Hospitals or the Department of Social Services shall promulgate rules and regulations in accordance with the Administrative Procedure Act to carry out the provisions of this Chapter for all homes which receive state or federal funds except those family day care homes which participate in the federal Child and Adult Care Food Program.
B. The Department of Education shall promulgate rules and regulations in accordance with the Administrative Procedure Act to carry out the provisions of this Chapter for those family child day care homes and group child day care homes which participate in the federal Child and Adult Care Food Program.
C. A family child day care home shall be inspected and approved by the office of state fire marshal in accordance with the rules and regulations as established under Subsections A and B of this Section, developed in consultation with the office of state fire marshal.
R.S.
46:1441.5 . Homes subject to registration or licensure; exemptionsA. All family child day care homes that receive state or federal funds shall be subject to the provisions of this
Chapter. However, individuals who do not participate in
the federal Child and Adult Care Food Program or who provide care for only related family members shall not be required to be registered within the time period established by the appropriate agency.
R.S.
A. (1) The office of state fire marshal shall have the authority to charge each home applying for registration or licensure or renewal of registration or licensure an annual fee for services. This fee shall be adopted in accordance with the Administrative Procedure Act.
(2) A fee shall be charged to cover the cost of inspection for homes regulated by the Department of Education in accordance to R.S.
46:1441.4 (B). The fee shall be set at thirty dollars per inspection and used for the sole purpose of employing personnel to perform such inspections.B. The office of state fire marshal shall transfer sufficient funds to the Department of Health and Hospitals or the Department of Social Services for those family child day care homes and group child day care homes which receive state or federal funds but do not participate in the federal Child and Adult Care Food Program to carry out the registration process in accordance with this Chapter.
R.S.
46:1441.8 Revocation or refusal to renew registration or licensure; written noticeThe authorized department shall have the authority to deny, revoke, or refuse to renew a registration or licensure of a registered or licensed home if an applicant has failed to comply with the provisions of this Chapter, any applicable published rule or regulation relating to registered homes, or any other state, federal, or local rule or regulation or license. If a registration or license is denied, revoked, or withdrawn, the action shall be effective when made and the home shall be notified in writing. This notice shall give the reason for denial, revocation, or withdrawal of the registration or license.
In connection with these amendments you state that R.S.
In Title 46, Chapter 14 is entitled Child Care Facilities and Child Placing Agencies, and includes R.S.
All these statutes must be read together and a Day Care Center by statute does not include a family day care home with under seven and under a sponsoring agency which is a group approved by the Department of Education to coordinate the day care homes participating in the federal Child and Adult Care Food Program.
You indicate the Louisiana Department of Education sent letters to all Sponsoring Agencies that all family day care homes caring for more than six children would have to be dropped from agencies, or conform to the six child rule, and this ruling dropped hundreds of day care homes from the Child and Adult Care Food Program (CACFP). You ask if those day care homes and children are being discriminated against.
Although we have not been supplied with a copy of the letter you make reference to, it is our understanding the letter was to notify the day care facilities for compliance with the amended statutory provisions. R.S.
The amended provisions have created an inconsistency in your letter in regard to family day care homes caring for more than six children since the definition of a family day care home is defined as caring for six of less. However, by such classification there is no discrimination where all in the group similarly constituted are treated equally.
In response to your question whether Act
The Food and Nutrition Service is designated to act on behalf of the Department in the administration of the program, but each State agency is directed to establish an application procedure to determine eligibility of applicant institutions, and an on going renewal process for the purpose of reviewing and approving applications. The application approval includes among other requirements "submission of documentation that all child care centers, adult day care centers, outside-school-hours care centers, and day care homes for which application is made are in compliance with program licensing/approval provisions." It is our understanding that the State by the amendment has revised these provisions under this authorization.
In regard to your questions about accepting and approving sponsor or institution applications we note that
Thus, we must conclude the answer to your questions are controlled by these procedures which you should discuss with the proper authorities in the Department as we are not conversant with the established procedure of the State. Moreover,
We hope we have sufficiently answered the major questions presented in your inquiry, and that this directs you to the proper source for further information pertaining to this matter.
Sincerely yours
RICHARD P. IEYOUB Attorney General
By: _________________________ BARBARA B. RUTLEDGE Assistant Attorney General
BBR
Hon. Johnny McFerren Representative, District 7 10255 Linwood Ave. Shreveport, La 71106