State agency uses new law

• By SARAH CHACKO
• Advocate Capitol News Bureau
• Published: Jul 3, 2009 - Page: 8A

• Print
• Email
• Save
• Reprints
• Twitter
• Share

• Del.icio.us
• Digg
• Facebook
• Reddit
• 

The state Department of Social Services has the authority to unilaterally revoke licenses of child-care centers under a new law  that went into effect  Tuesday.

DSS used the power, part of a package nine bills that was passed by the Louisiana Legislature, to revoke the license of a Baton Rouge day-care center where a child died Wednesday.

The department Thursday rescinded the license for Wanda’s Kids World, which had its license temporarily revoked twice, once in 2006 and again in January.

Under the law that was in effect until Tuesday, the department recommended revocations to one of two committees that oversaw child-care facilities. The panels then made the decision.

“We could wait up to 30 days to even present it to the committee, and then depending on their disposition you could see another time delay,” DSS Secretary Kristy Nichols said in a phone interview Wednesday, before the Wanda’s World incident was reported.

“At a minimum it gives us that immediacy,” she said.

DSS spokesman Trey Williams said centers can appeal the department’s decision. Under Senate Bill 238, which gave the authority to DSS, the appeal period for revocations was shortened from 30 days to 15 days.

In prior years, similar bills proposing the elimination of the outside committees created a contentious relationship between day-care providers and the department, Nichols said.

Under SB238, child-care center owners will be part of an advisory board that will still provide input for industry rules and regulations. Pat Crocker, incoming president of the Child Care Association of Louisiana and a center owner, said that involvement was part of a compromise.

“Even though the board is going to be eliminated, there will still be due process for any owner who is in jeopardy of having their license revoked,” she said. “Our biggest concern that we as child-care providers had was that we would lose our voice totally.”

Two other bills that passed the Legislature will allow DSS to conduct more thorough background checks on department employees who are in contact or have authority over children.

House Bill 703 authorizes DSS to conduct national criminal history background checks.

House Bill 784 authorizes the agency to cross-reference the State Central Registry against potential and current employees of the department whose duties will include investigating child abuse or neglect, supervising or disciplining children, directly caring for children or performing licensing surveys at child-care facilities.