Ala. Admin. Code r. 660-1-6-.07

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-1-6-.07 - Access To Licensure Or Approval Information

(1) Upon the request of any competent adult, information on whether any particular named person, group of persons, agency, association, or organization does or does not have a license, permit, approval, church or religious nonprofit exemption issued by the Department to operate a child care facility shall be disclosed or released. At the discretion of the Department, statewide information may be disclosed or released.

(2) Upon the request of any competent adult, the names and addresses of Department licensed child care facilities located in a particular geographic area or county shall be disclosed or released. At the discretion of the Department, statewide information may be disclosed or released.

(3) Upon the request of any competent adult, the names and addresses of any church or religious nonprofit child care facility holding an exemption issued by the Department located in a particular geographic area or county shall be disclosed or released. At the discretion of the Department, statewide information may be disclosed or released.

(4) Upon the request of any competent adult, the most current annual notice and affidavits submitted by any church or religious nonprofit child care facility holding an exemption issued by the Department shall be disclosed or released.

(5) The provisions of Rule do not apply to foster family homes. Foster family homes approval information shall remain confidential but may be disclosed or released under circumstances outlined in Rule 660-1-6-.03(2), and names and addresses of foster family homes and other non-confidential information, such as financial information, may be disclosed or released by the Department or child-placing agency with the consent of the foster parents.

(6) The provisions of Rule apply only to non-confidential information on Day Care and Nighttime Homes. Day Care and Nighttime Homes license information may also be disclosed or released under circumstances outlined in Rule 660-1-6-.03(2). Names and addresses of Day Care and Nighttime Homes may be released or disclosed upon request. Other non-confidential information, such as financial information, may be released or disclosed with the consent of the licensee.

(7) Upon the request of any adult, non-confidential information, including license inspection forms and founded/indicated complaints of violations of the Code of Ala. 1975, Title 38, Chapter 7, Minimum Standards, or Administrative Rules of this Department by individual unlicensed or non-exempt child care facilities or those facilities located in a particular geographic area or county may be disclosed or released. Except for official determinations relating to character and suitability to be involved in child care, information relating to the character and good name of any particular unlicensed or non-exempt person, group of persons, agency, association, or organization shall not be disclosed or released. Child abuse or neglect complaints and records shall not be disclosed or released except as provided for in Rule 660-1-6-.05. Names and facts learned about children and their families shall remain confidential. Information gathered in a pending investigation may be withheld upon a determination that disclosure of the information will complicate, compromise, or interfere with the investigation. Founded/indicated child care license complaint information includes only:

(a) Child Care Minimum Standards violating actually observed by the licensing consultant or other DHR personnel;

(b) Child Care Minimum Standards violations admitted to by facility personnel;

(c) Child Care Minimum Standards violations determined by an administrative or court decision.

(8) Upon the request of any adult, non-confidential information, including license inspection forms and founded complaints of violations of the Code of Ala. 1975, Title 38, Chapter 7, Minimum Standards, or Administrative Rules of this Department by individual licensed or exempt child care facilities or those facilities located in a particular geographic area or county may be disclosed or released. Except for official determinations relating to character and suitability to be involved in child care, information relating to the character and good name of any particular licensed or exempt person, group of persons, agency, association, or organization shall not be disclosed or released. Child abuse or neglect complaints and records shall not be disclosed or released except as provided for in Rule 660-1-6-.05. Names and facts learned about children and their families shall remain confidential. Information gathered in a pending investigation may be withheld upon a determination that disclosure of the information will complicate, compromise, or interfere with the investigation. Founded/indicated child care license complaint information includes only:

(a) Child Care Minimum Standards violating actually observed by the licensing consultant or other DHR personnel;

(b) Child Care Minimum Standards violations admitted to by facility personnel;

(c) Child Care Minimum Standards violations determined by an administrative or court decision.

(9) alleged or suspected violations of federal, state or local government statutory or regulatory requirements such as labor, health, fire and safety violations may be forwarded to the appropriate government agency for investigation.

(10) Adult foster care providers, foster parents and other residential licensed and exempt child care providers may release requested information to U.S. Census officials for census and survey purposes as required by law. 13 U.S.C. § 221 et. seq.

Ala. Admin. Code r. 660-1-6-.07

Effective March 22, 1985. Emergency amendment effective January 8, 1992. Succedent permanent amendment effective April 10, 1992. Amended effective November 25, 1992. Amended: Filed November 5, 1997; effective December 10, 1997. Amended: Filed May 6, 2010; effective June 10, 2010.

Author: James E. Long

Statutory Authority:Code of Ala. 1975, §§ 26-14-8, 38-2-6, 38-7-13, 41-22-4; P.L. 101-408, §5082 ; 45 C.F.R. § 98.32.