1. A. No individual shall be hired by the department whose duties include the investigation of child abuse or neglect, supervisory or disciplinary authority over children, direct care of a child, or performance of licensing surveys, until the following conditions are met.

   1. 1. The individual submits his fingerprints to the Louisiana Bureau of Criminal Identification and Information to facilitate a state and national criminal records check and it is determined that the person has not been convicted of or pled nolo contendere to a crime listed in R.S. 15:587.1(C).
   2. 2. The department has conducted a search of the state central registry and determined that the individual's name has not been recorded subsequent to January 1, 2010.
   3. 3. If the potential employee’s name is recorded on the state central registry subsequent to January 1, 2010 and prior to August 1, 2018, they shall not be denied consideration for employment until the potential employee has exhausted their right to an administrative appeal and thereafter the potential employee’s name is confirmed to be listed on the state central registry.
   4. 4. If the individual’s name is recorded on the state central registry as a perpetrator of child abuse or neglect subsequent to August 1, 2018, they shall not be employed or considered for employment by the department in positions whose duties include the investigation of child abuse or neglect, supervisory or disciplinary authority over children, direct care of a child, or performance of licensing surveys.
2. B. Any current employee of the department whose duties include the investigation of child abuse or neglect, supervisory or disciplinary authority over children, direct care of a child, or performance of licensing surveys and whose name is recorded subsequent to January 1, 2010 and prior to August 1, 2018, shall not be terminated from their position in the department until the employee has exhausted their right to an administrative appeal and thereafter the employee’s name is confirmed to be listed on the state central registry. If the employee’s name is recorded on the state central registry subsequent to August 1, 2018, they shall be terminated from their current position whose duties include the investigation of child abuse or neglect, supervisory or disciplinary authority over children, direct care of a child, or performance of licensing surveys by the department.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 46:51.2.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Social Services, Office of the Secretary, LR 36:851 (April 2010), amended by the Department of Children and Family Services, Division of Child Welfare, LR 44:997 (June 2018), effective July 1, 2018, amended LR 45:217 (February 2019).