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perpetrators who have an adjudication of a child in need of care, perpetrators with a voluntary or involuntary Termination of Parental Rights (TPR) judgment, sexual enticement, simulated intercourse, abandonment, burns, eye injury, minor head/facial injuries, tying or confinement, passive abuse, exploitation, sexual manipulation or fondling, emotional maltreatment, bruises/cuts/welts/scratches, dislocations or sprains, human bites, mouth/dental trauma, medical neglect, drug/alcohol abuse, dependency, and lack of supervision as described in §5113.A.4. These types of validated complaints of child abuse or neglect are defined by the Office of Community Services.
3.A Category 2 validated complaint of child abuse or neglect on the provider shall result in the corrective action or disqualification periods described below. If the Category 2 validated complaint is for a person living in or working in an FCDCH or working in a Class A or Class E center, the provider shall be disqualified until that person is no longer living in or working in the FCDCH or working in the Class A or Class E center, or until the corrective action described below is met or the disqualification period described below ends, whichever is sooner. The following types of validated complaints of child abuse or neglect are considered to be Category 2 complaints: inadequate clothing, inadequate food, inadequate shelter, and lack of supervision as described in §5113.A.4. These types of validated complaints of child abuse or neglect are defined by the Office of Community Services. The corrective action or disqualification periods for Category 2 validated complaints are as follows:
a.corrective action, for first validated complaint;
b.one month or until compliance with corrective action, whichever is later, for second validated complaint or for failure to complete corrective action for first validated complaint;
c.six months or until compliance with corrective action, whichever is later, for third validated complaint;
d.12 months or until compliance with corrective action, whichever is later, for fourth and subsequent validated complaints.
4.A validated complaint of child abuse or neglect due to lack of supervision shall be deemed by the agency as either a Category 1 or a Category 2 complaint, based on the severity of the complaint and the circumstances that existed at the time of the complaint.
5.An Intentional Program Violation (IPV) is any act by a CCAP provider that consists of intentionally making a false or misleading statement, or misrepresenting, concealing, or withholding relevant facts. A provider who has committed an IPV will be subject to the following disqualification periods:
a.six months for the first violation;
b.12 months for the second violation;
c.24 months for the third and subsequent violations.
6.Non-fraudulent violations of the terms of the CCAP Provider Agreement, such as but not limited to failure to comply with recordkeeping requirements, caring for more than six children (FCDCH) or for more children than the
licensed capacity (Class A), etc., shall result in the following disqualification periods:
a.one month or until compliance with corrective action, whichever is later, for first violation;
b.six months or until compliance with corrective action, whichever is later, for second violation;
c.12 months or until compliance with corrective action, whichever is later, for third and subsequent violations.

AUTHORITY NOTE:Promulgated in accordance with 45 CFR Parts 98 and 99, P.L.104-193.

HISTORICAL NOTE:Promulgated by the Department of Social Services, Office of Family Support, LR 34:2208 (October 2008).

Kristy H. Nichols

Interim Secretary

0810#080

RULE

Department of Wildlife and Fisheries

Wildlife and Fisheries Commission

Reef Fish Harvest Regulations (LAC 76:VII.335)

The Wildlife and Fisheries Commission does hereby amends a Section (LAC 76:VII.335) modifying size limits, eliminating a closed commercial season and modifying recreational creel and possession limits for vermilion snapper, and modifying recreational creel limits and seasons and commercial size limits, landing and offloading requirements for red snapper, which are part of the existing rule for daily take, possession, and size limits for reef fishes set by the commission

Title 76

WILDLIFE AND FISHERIES

Part VII.  Fish and Other Aquatic Life

Chapter 3.Saltwater Sport and Commercial Fishery

§335.Reef Fish—Harvest Regulations

A.Recreational bag limits regarding the harvest of reef fish: triggerfishes, amberjacks, grunts, wrasses, snappers, groupers, sea basses, tilefishes, and porgies, within and without Louisiana's territorial waters.

Species

Recreational Bag Limits

1.Red Snapper

2 fish per person per day

2.Queen, mutton, blackfin, cubera, gray, dog, mahogany, silk, yellowtail snappers, schoolmaster, and wenchman

10 fish per person per day (in aggregate)

3.Vermilion snapper, lane snapper, gray triggerfish, almaco jack, goldface tilefish, tilefish, blackline tilefish, anchor tilefish, blueline tilefish

20 per person per day (in aggregate)

4.Red hind, rock hind, speckled hind, black grouper, misty grouper, red grouper, snowy grouper, yellowedge grouper, yellowfin grouper, yellowmouth grouper, warsaw grouper, gag grouper, scamp

5 fish per person per day (in aggregate)with not more than 1 speckled hind and 1 warsaw grouper per vessel and with not more than 1 red grouper per person included in the bag limit

5.Greater amberjack

1 fish per person per day

6.Banded rudderfish and lesser amberjack

5 fish per person per day (in aggregate)

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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