Louisiana Revised Statutes 15:1110.3 – Licensing; transfer to office of juvenile justice
Terms Used In Louisiana Revised Statutes 15:1110.3
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Statute: A law passed by a legislature.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
A. Beginning July 1, 2024, all juvenile detention facilities, including facilities owned or operated by any governmental, for profit, nonprofit, private, or public agency, shall be licensed and regulated by the office of juvenile justice pursuant to the provisions of this Section.
B. There shall be an annual license fee for any license issued to a detention facility. The fee shall be used by the office of juvenile justice for expenses related to the licensing program.
(1) For a detention facility authorized to care for six or fewer juveniles, the license fee shall be four hundred dollars.
(2) For a detention facility authorized to care for at least seven but not more than fifteen juveniles, the license fee shall be five hundred dollars.
(3) For a detention facility authorized to care for sixteen or more juveniles, the license fee shall be six hundred dollars.
C. Whoever operates a juvenile detention facility without a valid license issued by the office of juvenile justice pursuant to this Section shall be fined one thousand dollars for each day of operation without the valid license. In addition to seeking civil fines imposed pursuant to the provisions of this Section, if any juvenile detention facility operates without a valid license issued by the office, the office may file suit in the district court in the parish in which the facility is located for injunctive relief, including a temporary restraining order, to restrain the institution, society, agency, corporation, person or persons, or any other group operating the facility from continuing the violation.
D.(1) No person shall operate any juvenile detention facility in violation of any provision of this Part or any other state or federal statute, regulation, or any rule adopted pursuant to the Administrative Procedure Act that governs the ownership or operation of juvenile detention facilities.
(2) In lieu of revocation of the facility’s license, the office may issue a written warning that includes a corrective action plan to any person or entity violating these requirements when the violation creates a condition or occurrence relating to the operation and maintenance of a juvenile detention facility that does not pose an imminent threat to the health, safety, rights, or welfare of a child. Failure to implement a corrective action plan issued pursuant to the provisions of this Section may result in either the assessment of a civil fine or license revocation or may result in both actions being taken by the office. Such civil fines shall not exceed two hundred fifty dollars per day for each fine assessment; however, the aggregate fines assessed for violations determined in any consecutive twelve-month period shall not exceed two thousand dollars.
E. An appeal of any office decision for a violation of any provision of this Part shall be suspensive. All appeals filed pursuant to the provisions of this Section shall be heard by the division of administrative law pursuant to Chapter 13-B of Title 49 of the Louisiana Revised Statutes of 1950. The office shall furnish the facility or agency a copy of the decision, together with notice of the procedure for requesting judicial review.
F. The office may institute all necessary civil court actions to collect fines imposed that are not timely appealed. No juvenile detention facility may claim imposed fines as reimbursable. Interest shall begin to accrue at the current judicial rate on the day following the date on which any fines become due and payable. All costs of any successful action to collect such fines, including travel expenses and reasonable attorney fees, shall be awarded to the office in addition to the fines.
G.(1) Civil fines collected pursuant to the provisions of this Section shall be deposited immediately into the state treasury.
(2) After compliance with the requirements of La. Const. Art. VII, § 9(B) relative to the Bond Security and Redemption Fund, and prior to the monies being placed in the state general fund, an amount equal to the amount deposited as provided in Paragraph (1) of this Subsection shall be credited to a special fund hereby created in the state treasury to be known as the “Juvenile Detention Licensing Trust Fund”. The monies in the fund shall be subject to annual appropriation and shall be available exclusively for use by the office of juvenile justice for the education and training of employees, staff, or other personnel of juvenile detention facilities.
(3) The monies in the fund shall be invested by the treasurer in the same manner as the monies in the state general fund, and all interest earned from the investment of monies in the fund shall be deposited in and remain to the credit of the fund. All unexpended and unencumbered monies remaining in the fund at the end of the fiscal year shall remain in the fund.
H.(1) Any owner, operator, current or prospective employee, or volunteer of a juvenile detention facility that is requesting licensure or is licensed by the office of juvenile justice is prohibited from being employed by the facility if that individual’s name is recorded on the state central registry as a perpetrator for a justified finding of abuse or neglect of a child.
(2) If the individual’s name is or was entered on the state central registry, the individual who is the subject of the finding may file a written motion seeking correction to the division of administrative law for an administrative appeal of the justified determination, in accordance with Children’s Code Article 616.1.1 and the procedures promulgated by the office.
I. The office of juvenile justice shall promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section. The rules shall contain at a minimum the following:
(1) Licensing standards for juvenile detention centers that comport with nationally recognized and accepted best practice standards.
(2) Specific factors for determining the type of sanctions to be imposed including severity of risk, actual harm, failure to implement a written corrective action plan, mitigating circumstances, the history of noncompliance and an explanation of the treatment of continuing noncompliance, an explanation of the treatment of continuing repeat deficiencies, evidence of good faith effort to comply, and any other relevant factors.
(3) The process to provide notice to a juvenile detention facility of any violation, a reconsideration process for sanctions issued, and an appeal procedure, including judicial review.
Acts 2023, No. 445, §2, eff. June 28, 2023.