Page 11

EDUCATION

Louisiana Administrative Code April 2025 9 eligibility for child care purposes for each required person in Subsection C of this Section: a. prior to the home-based provider being certified as a CCAP provider; b. prior to the person being present at the home or on the premises of the home when children in care are present; and c. not less than once during a five-year period. 2. A home-based provider shall not be required to request and obtain from the department a new CCCBC- based determination of eligibility for child care purposes for a required person, and instead shall be able to request and obtain from the department the person’s CCCBC-based determination of eligibility provided to another in-state child care provider or entity identified in §1809 of Bulletin 137, if: a. a child care provider or entity within the state requested and obtained a CCCBC-based determination of eligibility for child care purposes from the department for the person within the past five years, while the person was employed with or seeking employment with that child care provider or entity; and b. the department provided to the initial requesting child care provider or entity a CCCBC-based determination indicating the person was eligible for child care purposes; and c. the person is still employed by a child care provider or entity within the state, or has been separated from a child care provider or entity within the state for less than 180 consecutive days. 3. Electronic fingerprints shall be used in parishes where they are available. E. Transitional Provisions for Newly Required CCCBC- Based Determinations of Eligibility 1. CBCs and CCCBCs a. Prior to March 1, 2018, home-based providers were required to obtain a criminal background check (CBC) from the Louisiana Bureau for each required person. b. Effective March 1, 2018, home-based providers must obtain a child care criminal background check (CCCBC) -based determination of eligibility for child care purposes from the department for each required person. 2. New Hires and Other Required Persons for whom a Home-Based Provider does not have an Existing Satisfactory CBC on March 1, 2018 a. A home-based provider shall obtain a CCCBC- based determination of eligibility for child care purposes from the department for each required person in Subsection C of this Section for whom the center does not have a satisfactory CBC on March 1, 2018, prior to the person being present or performing services in the home or residence or on the property when children in care are present. 3. Existing Required Persons for whom a Provider has an Existing, Satisfactory CBC on March 1, 2018 a. A home-based provider that has an existing satisfactory CBC on March 1, 2018, for a required persons in Subsection C of this Section shall be required to request a CCCBC-based determination of eligibility for child care purposes from the department for such persons by submitting a request to the department and having the person for whom it is requested submit fingerprints to the bureau at the time of home-based provider’s next renewal of certification or before August 1, 2018, whichever occurs first. b. A home-based provider’s existing, satisfactory CBC on March 1, 2018, for a required person who is continuing to provide services or be present at the home or residence or on the property, shall remain valid until the provider receives the new CCCBC-based determination of eligibility for child care purpose for the person, or until October 1, 2018, whichever is earlier, provided the provider has timely submitted a request to the department for a new determination of eligibility and the person for whom it was requested has timely submitted his fingerprints to the bureau. F. Fees for CCCBC-Based Determinations of Eligibility for Child Care Purposes 1. All fees required to be paid to the Louisiana Department of Education shall be paid through its electronic payment system and are nonrefundable. 2. The department shall charge and collect a $15 processing fee when it receives a request for a CCCBC- based determination of eligibility for child care purposes. a. The processing fee may be waived and paid from COVID-19 recovery funds, where available. 3. The department may also collect on behalf of the respective agencies the processing fees charged by DCFS for a search of its state central registry of child abuse and neglect, the Bureau of Criminal Identification and Information for a state criminal history report, the Federal Bureau of Investigation for a federal criminal history information report, the National Crime Information Center for a search of the national sex offender registry, and processing fees charged by other states, when it receives a request for a CCCBC-based determination of eligibility for a child care purposes. G. Appeal of Accuracy or Completeness of CCCBC Results for Home-Based Providers 1. A person who has received a notice of ineligibility (NOI) for child care purposes from the department may appeal the accuracy or completeness of the CCCBC results received and used by the department to determine the person’s ineligibility. 2. A person appealing the accuracy or completeness of the CCCBC results shall remain ineligible during the appeals process.