Ala. Admin. Code r. 660-5-20-.06

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

Section 660-5-20-.06 - Staff

(1) Qualifications of Staff.

(a) Child care workers/teachers who have primary responsibility for the care of a group of children shall be at least 18 years of age and shall have a high school diploma or general education diploma (G.E.D.). Within ninety (90) days after employment, child care workers/ teachers shall have at least one (1) hour of preservice training in each of the following twelve (12) required areas.

1. Prevention and control of infectious diseases (including immunizations);

2. Sudden Infant Death Syndrome (SIDS) prevention and use of safe sleeping practices;

3. Medication administration;

4. Prevention of and response to emergencies due to food and allergic reactions;

5. Building and physical premises safety;

6. Prevention of shaken baby syndrome and abusive head trauma;

7. Emergency preparedness and response planning;

8. Handling and storage of hazardous materials/correct disposal of bio contaminants;

9. Recognition and reporting of child abuse and neglect;

10. First aid and CPR;

11. If applicable, appropriate precautions in transporting children;

12. Child development.

Pending completion of all preservice training, staff cannot be counted in the child/staff ratio.

(b) Service staff, such as cooks, janitors, or bus drivers, shall not be counted in the required staff-child ratio unless they meet child care worker qualifications, are acting as a child care worker, and are giving full attention to the children.

(c) The driver of a facility vehicle transporting children shall be at least 19 years of age and have a valid driver's license.

(d) A substitute staff person shall meet all qualifications of staff for whom he/she is substituting.

(2) Records on Staff.

(a) Records on all staff, including substitutes and volunteers, shall be kept confidential, and shall be on file in the facility at the time of employment. Records shall be filed in alphabetical order. Records shall contain originals or clear copies of required information. Inactive files shall be maintained separately from active files. Records shall include but need not be limited to:

1. An application for employment.

2. Information regarding character and suitability shall be obtained on all staff, including substitutes and volunteers, and shall include, but need not be limited to:

(i) Alabama Department of Human Resources Request for Clearance of State Central Registry on Child Abuse/Neglect issued within the last five (5) years and updated every five (5) years thereafter.

(ii) Child care workers/teachers must request a supplemental clearance of inter-state child abuse and neglect registry if the individual has lived in another state within the past five years:

(iii) Authorization to obtain criminal history background information check, including the following:

(I) A Suitability Determination letter from the Department issued within the last five (5) years and updated every five (5) years thereafter.

(II) Identification verification of name, date of birth, race, sex, and Social Security number in the form of a photo identification from any governmental agency, such as a driver's license, non-driver's identification, or program participation card.

(iv) The criminal history background check must include the following suitability components:

(I) National FBI Criminal history check with fingerprints

(II) National Crime Information Center (NCIC), National Sex Offender Registry;

(III) In-State criminal history check with fingerprints;

(IV) In-State sex offender registry check;

(V) Inter-state criminal history check if individual has lived in another state within the past five (5) years;

(VI) Inter-State sex offender registry check if the individual has lived in another state within the past five (5) years.

(v) Pending completion of all required background check components applicant/board members, center directors, and staff cannot be counted in the child/staff ratio.

3. Written verification of education.

4. Thereafter, child care workers/teachers shall have at least one (1) hour of annual training from an outside source in each of the following twelve (12) required areas:

(i) Prevention and control of infectious diseases (including immunizations);

(ii) Sudden Infant Death Syndrome (SIDS) prevention and use of safe sleeping practices;

(iii) Medication administration;

(iv) Prevention of and response to emergencies due to food and allergic reactions;

(v) Building and physical premises safety;

(vi) Prevention of shaken baby syndrome and abusive head trauma;

(vii) Emergency preparedness and response planning;

(viii) Handling and storage of hazardous materials/correct disposal of bio contaminants;

(ix) Recognition and reporting of child abuse and neglect;

(x) First aide and CPR;

(xi) If applicable, appropriate precautions in transporting children;

(xii) Child Development.

5. Required medical examination report, including TB test or chest x-ray date and results.

6. In addition to (1) through (5) above, the following specialized records shall be maintained if applicable to the staff person's specific responsibilities:

(i) Valid driver's license if the staff person transports children.

(ii) Valid commercial driver's license (CDL), if required for vehicles used to transport children.

(iii) Written documentation of a current American Red Cross Lifeguard Training Certificate, a current First Aid Certificate, and a current Infant-Child (Pediatric) Cardiopulmonary Resuscitation Certificate (CPR), if there is a pool at the facility. A copy of each certificate shall be on file in the facility.

(iv) Written documentation of a current First Aid Certificate and a current Infant-Child (Pediatric) Cardiopulmonary Resuscitation Certificate (CPR) shall be on file for at least one (1) staff person present at the facility during hours of operation.

(b) Additional records to be maintained during employment.

1. Documentation of preservice/ongoing training.

2. Updated/additional medical information.

3. A written report of any misconduct or dereliction of duty, including the investigation procedure followed and disposition made.

4. Written documentation of updated Infant-Child (Pediatric) Cardiopulmonary Resuscitation Certificate (CPR) and updated First Aid Certificate.

5. Updated valid driver's license if the staff person transports children.

6. Updated valid commercial driver's license (CDL), if required for vehicles used to transport children. (Required for vehicles designed to carry 16 or more persons, including the driver.)

(3) Health - Staff.

(a) Initially, each staff person shall provide a statement from a licensed practicing medical doctor, physician's assistant or a certified nurse practitioner. The initial statement shall be dated within six (6) months prior to employment and shall document the date and results of a tuberculin skin test or chest x-ray (also dated within six (6) months). The statement shall attest to the physical suitability of the staff person to care for children or to perform services in a facility, and the person's freedom from infectious or contagious diseases. The statement shall be signed by the licensed practicing medical doctor, physician's assistant, or certified nurse practitioner, and shall be on file in the facility at the time of employment.

(b) At least every four (4) years after the date of the initial statement, each staff person shall obtain a statement, on the required form, from a licensed practicing medical doctor, physician's assistant, or certified nurse practitioner, which attests to the staff person's freedom from infectious or contagious diseases and physical fitness to care for children or perform services in a facility. The statement shall be on file in the facility.

(c) Staff persons with symptoms of a contagious disease/condition shall not be present in the facility.

(d) A staff person who, upon observation or examination or as a result of tests, shows indication of a physical, emotional, or mental condition which could be detrimental to the children or staff, or which would prevent satisfactory performance of duties, shall not continue work at the facility until the staff person provides a written statement from a licensed practicing medical doctor indicating that the staff person is able to return to work.

(e) An additional medical or psychological evaluation or drug screening shall be required at the discretion of the Department's representative, based on information that raises reasonable suspicion. A release to allow the Department representative to confer directly with the doctor or the professional performing the evaluation shall be provided on request. "Reasonable suspicion" is defined as follows: Belief based upon evidence of past or present behavior that reasonable grounds exist to review the employee, staff, or facility, including board members, suitability and fitness to provide care for children.

Ala. Admin. Code r. 660-5-20-.06

Adopted by Alabama Administrative Monthly Volume XXXVI, Issue No. 01, October 31, 2016, eff. 11/24/2017.

Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 04, January 31, 2020, eff. 3/16/2020.

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.).