Louisiana child care, camp and ratio rules

Child care licensing

Any early learning center must be licensed by LDOE before it opens. A child day care center is any place that cares for seven or more unrelated children, without a parent present, on a regular basis for at least 12.5 hours in a 7-day week (transport time counts); this includes school-age programs that meet that test.

After-school and recreation programs: State law exempts public and nonpublic schools serving kindergarten and up, camps (programs serving only children 5 and older that run only when school is out for summer or holidays, including Vacation Bible School), care given free of charge, registered family child day care homes, and 501(c) religious programs open no more than 24 hours a week (R.S. 17:407.35; LAC 28:CLXI.303). A private after-school program that charges a fee and meets the 7-children / 12.5-hours test needs a license.

Licensing agency: Louisiana Department of Education (LDOE), Licensing Division, under rules adopted by the Board of Elementary and Secondary Education (BESE Bulletin 137)

Sources: LAC 28:CLXI.1711 child-to-staff ratios (LII mirror); LAC 28:CLXI.303 exemptions from licensure (LII mirror); R.S. 17:407.33 definitions (child day care center, camp); R.S. 17:407.35 exemptions from licensure

Staff-to-child ratios in licensed centers

Rule: LAC 28:CLXI.1711 (BESE Bulletin 137). At least two staff must be on site when more than four children are present. Ratios may be averaged for mixed groups of 2- to 5-year-olds, and for groups made up only of children 5 and older. Field trips and walks off site need the ratio plus one extra adult. Swimming has stricter ratios (e.g. 30:2 for age 5 and up).

Work out your staffing with the ratio calculator

Summer camps

Camps (programs serving only children 5 and older that run only when school is out) are exempt from child care licensing. Separately, the state Sanitary Code requires a permit from the state health officer to operate a campsite, and the definition covers youth camps and day camps; this permit covers sanitation, water, toilets and sleeping areas, not staffing or program rules (LAC 51:XVI.101, 501). A program that also serves children under 5 does not fit the camp exemption.

Sources: R.S. 17:407.33 definition of camp; LAC 51:XVI.101 Sanitary Code campsite definitions (LII mirror); LAC 51:XVI.501 campsite permits (LII mirror)

Background checks

Every owner, staff member, volunteer and most visitors and contractors at a licensed early learning center need an LDOE eligibility determination (CCCBC) before being present with children: fingerprint-based Louisiana and FBI criminal history, the Louisiana child abuse and neglect central registry, state and national sex offender registries, and registry checks in every state lived in during the past five years. A new determination is required at least once every five years. New hires may work provisionally only after a fingerprint result is back and only while monitored. Camps exempt from licensing have no state check requirement found.

Sources: R.S. 17:407.42 criminal history and central registry review; LAC 28:CLXI.1803 components of a CCCBC (LII mirror); LAC 28:CLXI.1807 who needs a CCCBC (LII mirror); LAC 28:CLXI.1811 five-year renewal and provisional hires (LII mirror)

Giving medication

Medication (prescription or over-the-counter) needs written, dated parent authorization with the drug, dose, route, times and dates, and must come in its original container labeled with the child's name; a log is kept for every dose, and as-needed and emergency medication plans are renewed at least every six months. Staff who give medication need LDOE-approved medication administration training (including epinephrine auto-injectors) every two years, and every center must have at least two trained staff, with one on site during operating hours.

Free medication administration log

Sources: LAC 28:CLXI.1917 medication administration (LII mirror); LAC 28:CLXI.1725 medication management training (LII mirror)

Reporting child abuse

Listed professions must report, including child care and early learning center staff, teachers, coaches, and employees and volunteers of day camps, summer camps, youth centers and youth recreation programs (Children's Code Art. 603, 609). Reports must be made immediately, by the DCFS hotline for anything needing urgent help (Art. 610); separately, any adult who witnesses the sexual abuse of a child must report it (R.S. 14:403). Licensed center staff must also complete DCFS online mandated reporter training every year (LAC 28:CLXI.1727).

Louisiana child abuse hotline: 1-855-452-5437 (1-855-4LA-KIDS) (how to report). In an emergency, call 911.

Sources: Children's Code Art. 603 definitions (mandatory reporters); Children's Code Art. 609 mandatory and permitted reporting; Children's Code Art. 610 reporting procedure; R.S. 14:403 failure to report; adult witnesses of sexual abuse; DCFS: reporting child abuse and neglect