{
 "citation": "14:91.15",
 "heading": "Unlawful operation of an unlicensed child day care center",
 "doc_id": "1015647",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=1015647",
 "classification": "M",
 "enacted_year": "2016",
 "last_amended_year": "2016",
 "penalties": [
  {
   "subsection": "C(1)",
   "text": "(1) For a first offense violation of this Section, the violator shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.",
   "los_min": "0",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C(2)",
   "text": "(2) For a second offense violation of this Section, the violator shall be fined not more than two thousand five hundred dollars or imprisoned for not more than six months, or both.",
   "los_min": "0",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C(3)",
   "text": "(3) For a third or subsequent offense violation of this Section, the violator shall be fined not more than five thousand dollars or imprisoned for not more than twelve months, or both.",
   "los_min": "0",
   "los_max": "12M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "17:407.31"
 ],
 "text": "RS 14:91.15\n\n\u00a791.15. Unlawful operation of an unlicensed child day care center\n\nA. It shall be unlawful for any person or other entity to do either of the following:\n\n(1) Continue to operate a child day care center after notification by the Department\nof Education that the person or other entity operating the facility should seek a license as\nprovided for in Part X-B of Chapter 1 of Title 17 of the Louisiana Revised Statutes of 1950,\ncomprised of R.S. 17:407.31 through 407.53.\n\n(2) Continue to operate a child day care center after the Department of Education has\nrevoked a license to operate a child day care center that was previously issued to the person\nor other entity as provided for in Part X-B of Chapter 1 of Title 17 of the Louisiana Revised\nStatutes of 1950, comprised of R.S. 17:407.31 through 407.53.\n\nB. For the purposes of this Section, \"child day care center\" means any place or\nfacility operated by any institution, political subdivision, society, agency, corporation, person\nor persons, or any other group for the purpose of providing care, supervision, and guidance\nof seven or more children, not including those related to the caregiver, unaccompanied by\nparent or legal custodian, on a regular basis for at least twelve and one-half hours in a\ncontinuous seven-day week. If a child day care center provides transportation or arranges for\ntransportation to and from the center, either directly or by contract with third parties, all\nhours during which a child is being transported shall be included in calculating the hours of\noperation.\n\nC. Whoever commits the crime of unlawful operation of an unlicensed child day care\ncenter shall be subject to the following penalties:\n\n(1) For a first offense violation of this Section, the violator shall be fined not more\nthan one thousand dollars or imprisoned for not more than six months, or both.\n\n(2) For a second offense violation of this Section, the violator shall be fined not more\nthan two thousand five hundred dollars or imprisoned for not more than six months, or both. \nFurthermore, the violator shall be ineligible to apply for a license to operate a child day care\nfacility or operate a child day care facility for up to twenty-four months.\n\n(3) For a third or subsequent offense violation of this Section, the violator shall be\nfined not more than five thousand dollars or imprisoned for not more than twelve months,\nor both. Furthermore, the violator shall be ineligible to apply for a license to operate a child\nday care facility or operate a child day care facility for up to forty-eight months.\n\nD. In accordance with R.S. 17:407.31 et seq., the Department of Education shall be\nresponsible for the investigation of any unlicensed day care center to determine if the center\nis required by law to have a license issued by the department and to determine if the center\nis operating without a valid license issued by the department. After conducting any\nnecessary investigation, the department shall make a determination with respect to licensing\nstatus, and collect any evidence necessary with respect to violations of the licensing laws. \nAll evidence and findings by the department shall be submitted to a law enforcement agency\nfor any arrest for a violation of the provisions of this Section.\n\nActs 2016, No. 411, \u00a71."
}