La. Admin. Code tit. 28 § CLXI-1803

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

Section CLXI-1803 - Determination of Eligibility

A. The department shall determine a persons eligibility for child care purposes based upon the results of the persons CCCBC.

B. Components of a CCCBC. A CCCBC shall include:

1. a request for a fingerprint-based search of the Louisiana criminal history information record;

2. a request for a fingerprint-based search of the federal criminal history information record;

3. a request to DCFS to search the Louisiana state central registry of child abuse and neglect;

4. a search of the Louisiana sex offender and child predator registry;

5. a search of the national sex offender registry, as required by 45 CFR 98.43(b)(2); and

6. a request for a search of the name-based state criminal history information record, state sex offender registry, and state registry of child abuse and neglect in each state where the person resided in the past five years, as required by 45 CFR 98.43.43(b)(3).

C. The department shall determine that a person is either eligible or ineligible for child care purposes.

D. The department shall provide written notice of a CCCBC-based determination of eligibility for child care purposes in the following manner:

1. to the requesting early learning center or entity identified in §1809, the determination that the person is eligible or ineligible for child care purposes only, without revealing any disqualifying crime or other related information regarding the person; and

2. to the person for whom the early learning center or entity identified in §1809 requested the determination, the determination that the person is eligible or ineligible for child care purposes; and if the person is ineligible for child care purposes, information related to each disqualifying crime or other related information regarding the person, and information about the opportunity to appeal the accuracy or completeness of the CCCBC results received by the department and used in the determination of eligibility.

La. Admin. Code tit. 28, § CLXI-1803

Promulgated by the Board of Elementary and Secondary Education, LR 44251 (2/1/2018), effective 3/1/2018.

AUTHORITY NOTE: Promulgated in accordance with 45 CFR 98.43, R.S. 15:587.1, and R.S. 407.42.