Louisiana Administrative Code
Title 67 - SOCIAL SERVICES
Part III - Economic Stability
Subpart 12 - Child Care Assistance Program
Chapter 51 - Child Care Assistance Program
Subchapter B - Child Care Providers
Section III-5107 - Child Care Providers

Universal Citation: LA Admin Code III-5107

Current through Register Vol. 50, No. 9, September 20, 2024

A. The head of household, or parent/caretaker relative in the case of a STEP participant, shall be free to select a child care provider of his/her choice including center-based child care (licensed Class A centers, licensed Class A Head Start centers which provide before-and-after school care and/or summer programs, and child care centers licensed by the Department of Defense), a registered family child day care home (FCDCH) provider, in-home child care, and public and non-public BESE-regulated schools which operate kindergarten, pre-kindergarten, before and after school and/or summer programs.

B. A licensed Class A center, licensed Class A Head Start center, or center licensed by the Department of Defense must be certified and active in the CCAP provider directory before payments can be made to that provider.

1. To be eligible for participation in CCAP, a licensed Class A center, licensed Class A Head Start center, or center licensed by the Department of Defense must complete and sign a Class A or Department of Defense provider agreement as appropriate and Form W-9, and meet all requirements, including:
a. provide complete and accurate documentation and information required for direct deposit;

b. participate in the system designated by the department for capturing time and attendance and possess the minimum equipment necessary to operate the system which includes a working internet connection at the center. A landline telephone can be substituted only if internet connection is unavailable due to no provider of service at the level required.

c. provide verification of identity and Social Security number of all owners and directors.

C. An FCDCH provider must be registered and active in the CCAP provider directory before payments can be made to that provider.

1. To be eligible for participation in CCAP, an FCDCH provider must meet registration requirements as provided in R.S. 46:1441 et seq., complete and sign an FCDCH provider agreement, complete a CCAP application for registration and Form W-9, pay appropriate fees, furnish verification of Social Security number, identification, and residential address, provide proof that he/she is at least 18 years of age, and meet all registration requirements, including:
a. certification that they, nor any person employed in their home or on their home property, have never been the subject of a validated complaint of child abuse or neglect, or have never been convicted of, or pled no contest to, a crime listed in R.S. 15:587.1.(C);

b. submission of verification of current certification in infant/child/adult Cardiopulmonary Resuscitation (CPR) if the provider is a relative of a child in care;

c. submission of verification of current certification in pediatric first aid;

d. submission of criminal background check(s) on all adults living at the provider's residence or employed by the provider and working in the provider's home or on the provider's home property, including the provider; each of which must be received from State Police indicating no enumerated conviction if the provider is a relative of a child in care;

e. effective March 1, 2002, submission of verification of 12 clock hours of training in job-related subject areas approved by the Department of Children and Family Services annually;

f. retainment of a statement of good health signed by a physician or his designee which must have been obtained within the past three years and be obtained every three years thereafter;

g. possession of a working telephone that can receive incoming calls and that can send outgoing calls and that is available at all times in the home in which care is being provided;

h. usage of only safe children's products and removal from the premises of any products which are declared unsafe and recalled as required by R.S.46:2701-2711. (CCAP FCDCH providers will receive periodic listings of unsafe and recalled children's products from the Consumer Protection Section of the Attorney General, Public Protection Division);

i. caring for no more than six children, including his own children and any other children living at his residence, who are under age 13 or age 13 through 17 if disabled;

j. participation in the system designated by the department for capturing time and attendance and possess the minimum equipment necessary to operate the system which includes a working internet connection or a landline telephone.

2. All registration functions for FCDCH providers, as provided in R.S. 46:1441 et seq. and as promulgated in the Louisiana Register, September 20, 1991, previously exercised by the Bureau of Licensing, shall be carried out by the Department of Children and Family Services.

D. An in-home child care provider must be certified and active in the CCAP provider directory before payments can be made to that provider.

1. To be eligible for participation, an in-home child care provider must be at least 18 years of age, complete and sign an in-home provider agreement and Form W-9, pay appropriate fees, furnish verification of Social Security number, identification, and residential address, and meet all certification requirements, including:
a. certification that he/she has never been the subject of a validated complaint of child abuse or neglect or has never been convicted of, or pled no contest to, a crime listed in R.S. 15:587.1.(C);

b. submission of verification of current certification in infant/child/adult Cardiopulmonary Resuscitation (CPR) and pediatric first aid;

c. submission of a criminal background check conducted by State Police indicating no enumerated conviction;

d. completion of the Health and Safety Standards Form;

e. retain a statement of good health signed by a physician or his designee which must have been obtained within the past three years and be obtained every three years thereafter;

f. possession of or access to a working telephone that can receive incoming calls and that can send outgoing calls and that is available at all times in the home in which care is being provided;

g. participation in the system designated by the department for capturing time and attendance.

E. Before payments can be made to a public or non-public school program, the provider must:

1. be certified and active in the CCAP Provider Directory;

2. complete and sign a school program provider agreement and Form W-9;

3. be regulated by the Board of Elementary and Secondary Education (BESE) if a public school or Brumfield vs. Dodd approved if a non-public school;

4. provide complete and accurate documentation and information required for direct deposit before payments can be made to that provider; and

5. participate in the system designated by the department for capturing time and attendance and possess the minimum equipment necessary to operate the system which includes a landline telephone;

6. verify that all children funded under the program are eligible children as defined in Part 98 of Title 45 of the Code of Federal Regulations.

F. Under no circumstance can the following be an eligible CCAP provider:

1. a person living at the same residence as the child;

2. the child's parent or guardian, or parent/caretaker relative in the case of a STEP participant, whether or not that individual lives with the child;

3. an FCDCH provider, (if the child's non-custodial parent is residing in the FCDCH and is not working or attending a job training or educational program during the hours the care is needed);

4. a Class B child care center;

5. an individual who has been the subject of a validated complaint of child abuse or neglect, or has been convicted of, or pled no contest to, a crime listed in R.S. 15:587.1(C);

6. an FCDCH provider who resides with or employs a person in their home or on their home property who has been the subject of a validated complaint of child abuse or neglect, or has been convicted of, or pled no contest to, a crime listed in R.S. 15:587.1.C;

7. a person/center providing care outside of the state of Louisiana.

G.

1. A provider shall be denied or terminated as an eligible CCAP provider:
a. if an FCDCH provider fails to pass inspection by the fire marshal;

b. if a provider fails to timely return all requested forms and fees;

c. if a Class A or Department of Defense center's license is revoked or not renewed;

d. if a school child care provider no longer meets the BESE regulations;

e. if a school child care provider is no longer Brumfield vs. Dodd approved; or

f. for any period for which the provider is disqualified as described in LAC 67:III.5113;

g. if a Class A, Department of Defense, or school child care provider fails to submit complete and accurate documentation and information required for direct deposit.

2. A provider agreement may be terminated by either party for any reason upon giving 30 days advance notice to the other party.

H.

1. Quality incentive bonuses are available to:
a. effective May 1, 2004, eligible CCAP providers who provide special care for children with special needs. This special needs care includes but it is not limited to specialized facilities/equipment, lower staff ratio, and specially trained staff. The amount of these Special Care Needs Incentive payments will be in accordance with §5109. B.1.b and §5109. B.2 b;

b. eligible child care centers that employ a teacher who attends specified infant/toddler training on a first-come, first-serve basis, on a limited basis due to one-time American Recovery and Reinvestment ACT (ARRA) funding. A maximum of 10 centers per region are eligible to receive a $2000 grant for infant/toddler materials and equipment. However, if all applications have been received and one region has less than 10 qualified or interested centers and another region has additional qualified centers that wish to participate, resources may be moved to allow full participation and benefit from the ARRA funding. The center must meet requirements and participation targets to receive the grant. Centers must apply and meet the requirements to be eligible. Eligibility will be determined by the Division of Child Care and Early Childhood Education;

c. eligible teachers who work for an eligible center as described in LAC 67: 5107.H.1.b. and elect to attend this specialized infant/toddler training. Up to four infant/toddler teachers employed by the eligible center may attend. Teachers can receive wage supplements up to $1500 for participation but must meet requirements and participation targets to receive wage supplements. Teachers must apply and meet the requirements to be eligible. Eligibility will be determined by the Division of Child Care and Early Childhood Education.

d. eligible CCAP providers who are voluntarily participating in the Louisiana Department of Education community network pilots effective July 1, 2013-June 30, 2014 with 3-5 stars in the quality start child care rating system who are caring for CCAP-eligible children birth to five years, as part of the implementation of Act 3 of the 2012 Legislature.

2. These bonus amounts may be adjusted at the discretion of the assistant secretary, based upon the availability of funds.

I. On a limited basis due to one-time American Recovery and Reinvestment Act (ARRA) funding, an incentive will be offered to certain Quality Start centers with a collaborative agreement with a local education agency to provide pre-kindergarten, specifically C. Picard Pre-kindergarten Program (LA 4). Payments will be available on a first-come, first-serve basis to up to three qualifying centers in each DCFS region. The bonus will be equal to $500 for each child included in the agreement. The collaborative agreement can be based on, but not limited to, the following criteria.

1. Head start programs for which the school is the grantee do not qualify to be part of this program.

2. A center can receive no more than one such bonus for any state fiscal year.

3. The amount and number of centers receiving the bonus in each region may be adjusted at the discretion of the assistant secretary, based upon the availability of funds.

AUTHORITY NOTE: Promulgated in accordance with 45 CFR Parts 98 and 99, P.L. 104-193,Act 152, 2002 First Extraordinary Session, Act 13, 2002 Reg. Session, Act 58, 2003 Reg. Session, ACF Guidance: ACYF-IM-CC-05-03.

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