Statutes, codes, and regulations
Alabama Administrative Code
Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES
Chapter 660-5-20 - HEALTH AND SAFETY GUIDELINES - REQUIREMENTS AND PROCEDURES FOR FACILITIES PARTICIPATING IN THE CHILD CARE SUBSIDY PROGRAM
Section 660-5-20-.05 - Transportation

Ala. Admin. Code r. 660-5-20-.05

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Current through Register Vol. 43, No. 1, October 31, 2024
Section 660-5-20-.05 - Transportation

NOTE: THE DEPARTMENT OF HUMAN RESOURCES DOES NOT INSPECT AWAY-FROM-FACILITY ACTIVITIES, INCLUDING SWIMMING, TRANSPORTATION, OR ANY OTHER ACTIVITIES. THE FACILITY SHALL ASSUME FULL AUTHORITY AND RESPONSIBILITY FOR ACTIVITIES AWAY FROM THE FACILITY.

(1) Transportation Provided by the Facility.
(a) IF THE FACILITY PROVIDES TRANSPORTATION OR ANY ACTIVITIES AWAY FROM THE FACILITY, A WRITTEN STATEMENT, SIGNED BY EACH CHILD'S PARENT(S)/GUARDIAN(S), SHALL BE ON FILE IN THE FACILITY PRIOR TO THE CHILD'S PARTICIPATION IN SUCH ACTIVITIES. THE STATEMENT SHALL INDICATE THAT THE PARENT(S)/GUARDIAN(S) HAS/HAVE BEEN INFORMED THAT THE DEPARTMENT OF HUMAN RESOURCES DOES NOT INSPECT ACTIVITIES PROVIDED AWAY FROM THE FACILITY AND THAT THE FACILITY ASSUMES FULL RESPONSIBILITY FOR SUCH ACTIVITIES.
(b) The facility shall be responsible for each child who is using transportation contracted for, arranged by, or provided by the facility. For purposes of these regulations, transportation includes the use of vehicles as well as walking to and from away-from-the-facility activities.
(c) Transportation checklists.
1. Checklists shall be used to account for the loading and unloading of each child from the vehicle at every location. Checklists shall also be used to account for each child during activities that include walking to and from the facility.
2. The facility shall designate the staff person responsible for completing the checklist. The designated staff person shall sign (initials are not acceptable) the checklist when it has been completed.
3. The driver of the vehicle shall sign (initials are not acceptable) the completed checklist at each location, indicating he or she has checked each seat in the vehicle at each location to verify that no child is left on the vehicle.
4. Completed checklists shall be kept on file in the facility for the current year plus two additional years.
(d) When the facility provides transportation to and from the home or another designated location, the facility shall be responsible for picking the child up at the designated location and delivering the child to the care of the designated person.
(e) Supervision of children in facility vehicles.
1. In addition to the driver, staff shall be provided to meet required staff-child ratios for children younger than lawful school age. NOTE: The driver of the vehicle shall not be counted in the required staff-child ratio when children younger than lawful school age are transported.
2. For children of lawful school age and older, fewer than fifteen (15) children may be transported with only the driver of the vehicle, provided the driver meets child care worker qualifications.
3. If fifteen (15) or more children of lawful school age are transported, at least one staff person in addition to the driver shall be required.
4. If thirty (30) or more children of lawful school age are transported, at least two (2) staff persons in addition to the driver shall be required.
5. No child shall be left in a vehicle without adult supervision at any time.
6. A staff person shall accompany each child younger than 21/2 years of age from the vehicle to the care of the designated person.
7. A staff person shall visually supervise each child 21/2 years of age and older from the vehicle to the care of a designated person.
8. The driver shall check each seat of the vehicle at each location to verify that no child is left on the vehicle.
(f) Safety precautions in all vehicles used and operated by the facility in transporting children.
1. Stationary seating space for each child shall be provided, and no child shall sit on the floor. Children shall remain seated while the vehicle is in motion.
2. Doors shall be locked at all times when the vehicle is moving.
3. Children shall not be transported in the front seat of any vehicle with a passenger side air bag.
4. The driver of the vehicle and all passengers shall be secured in a passenger restraint system at all times when the vehicle is moving.
5. Each child shall be properly secured using an aftermarket or integrated child passenger restraint system meeting applicable state and federal motor vehicle safety standards. Each child passenger restraint system shall be appropriate for the age and size of the child.
(i) Each child younger than one (1) year of age or weighing less than twenty (20) pounds shall be secured in an infant only or a convertible seat used in a rear facing position which is properly anchored to the vehicle, installed and used according to the manufacturer's instructions and maintained in good condition.
(ii) Each child younger than five (5) years of age or weighing less than 40 pounds shall be properly secured in a convertible seat in the forward facing position or in a forward facing seat which is properly anchored to the vehicle, installed and used according to the manufacturer's instructions and maintained in good condition.
(iii) Each child younger than six (6) years of age shall be properly secured in a booster seat which is properly anchored to the vehicle, installed and used according to the manufacturer's instructions and maintained in good condition.
(iv) Each child six (6) years of age and older, the driver, and each adult passenger shall be secured in an individual seat belt, which is properly anchored to the vehicle.
(g) Vehicle safety check.
1. A safety check shall be done annually and signed and dated by a mechanic, on all vehicles regularly used by the facility to transport children.
2. A copy of the safety check shall be on file in the facility. The safety check shall show that the following items are operating in a safe condition: brakes; tires; lights (head, signal, brake, tail); windshield wipers; steering; and exhaust system; ventilation and heating system; and passenger restraint systems.
(2) Transportation Provided by Parent(s)/Guardian(s) or Other Designated Person(s)
(a) Each child being transported by parent(s)/guardian(s) or other designated person(s) shall be accompanied into and out of the facility by the parent, guardian, or other person.
(b) The facility shall require the parent(s)/ guardian(s) or other person(s) designated by the parent(s)/ guardian(s) to sign (signature required, initials not acceptable) each child in/out at each arrival/departure to the facility, indicating the time of arrival/departure. An exception to the written signature will allow the use of the Biometric ID for parent(s)/guardian(s). The Biometric ID System will measure some unique aspect of the individual such as but not limited to fingerprint and/or eye-iris recognition.
(c) If any child walks to the facility from school or another designated location, or is transported to/from the facility by school bus, facility staff shall sign (signature required, initials not acceptable) each child in upon arrival, indicating time of arrival.
(d) The facility shall require written authorization from a child's parent(s)/guardian(s) to release a child to any person other than the parent(s)/guardian(s) or persons designated on the child's preadmission form.
(e) The facility shall require unfamiliar authorized persons to show photographic identification when releasing a child.

Ala. Admin. Code r. 660-5-20-.05

Adopted by Alabama Administrative Monthly Volume XXXVI, Issue No. 01, October 31, 2016, eff. 11/24/2017.
Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 10, July 30, 2021, eff. 9/13/2021.

Authors: Dawn Owens/Tonya Swanner

Statutory Authority: Child Care and Development Block Grant Act of 2014 (42 U.S.C.S. §§9857 et seq.).